Rep. Frank J. Mautino
Filed: 4/1/2009
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1 | AMENDMENT TO HOUSE BILL 631
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2 | AMENDMENT NO. ______. Amend House Bill 631, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Medical Sharing Trust Act. | ||||||
7 | Section 5. Definitions. In this Act: | ||||||
8 | "Medical Sharing Trust" means an organization that | ||||||
9 | facilitates payment of the medical expenses of its participants | ||||||
10 | as provided in Section 20 of this Act, and complies with all | ||||||
11 | provisions of this Act and of the Illinois Charitable Trust | ||||||
12 | Act. | ||||||
13 | Section 10. Exemptions. An organization complying with | ||||||
14 | this Act as a Medical Sharing Trust is not subject to the | ||||||
15 | provisions of the Illinois Insurance Code, except that a |
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1 | Medical Sharing Trust offering any services other than those | ||||||
2 | services offered by a Medical Sharing Trust that are regulated | ||||||
3 | under any provision of the Illinois Insurance Code shall be | ||||||
4 | required to comply with the Illinois Insurance Code with | ||||||
5 | respect to the provision of those services. | ||||||
6 | Section 15. Registration requirements for a Medical | ||||||
7 | Sharing Trust. No Medical Sharing Trust shall be offered, | ||||||
8 | issued, sold, or solicited to participants in this State as | ||||||
9 | exempt under Section 10 of this Act unless the Medical Sharing | ||||||
10 | Trust has complied with all requirements set forth in Sections | ||||||
11 | 5 and 20 of this Act and submitted all of the following to the | ||||||
12 | Attorney General: | ||||||
13 | (1) The name of the Medical Sharing Trust. | ||||||
14 | (2) A list identifying the Medical Sharing Trust's | ||||||
15 | executive officer or officers directly responsible for the | ||||||
16 | Medical Sharing Trust's business. | ||||||
17 | (3) The name and address of the Medical Sharing Trust's | ||||||
18 | agent for service of process in this State, if other than | ||||||
19 | the Medical Sharing Trust. | ||||||
20 | (4) A true and accurate copy of all forms used for | ||||||
21 | participants' application and agreements with the | ||||||
22 | organization. | ||||||
23 | (5) A certified copy of its Certificate of Authority to | ||||||
24 | do business from the Illinois Secretary of State. | ||||||
25 | (6) Proof that the Medical Sharing Trust is controlled |
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1 | by a board of directors, the majority of which is elected | ||||||
2 | by the members of the Medical Sharing Trust.
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3 | Section 20. Operation of a Medical Sharing Trust. | ||||||
4 | (a) A Medical Sharing Trust may facilitate payments between | ||||||
5 | participants who have present medical needs and participants | ||||||
6 | with the ability to pay for the benefits of those participants | ||||||
7 | in need. A Medical Sharing Trust is prohibited from assuming | ||||||
8 | liability for or guaranteeing payment of any medical expenses. | ||||||
9 | (b) All participants shall execute a release stating that | ||||||
10 | no other participants or the Medical Sharing Trust shall be | ||||||
11 | legally obligated in any way to pay for a medical need. | ||||||
12 | (c) A Medical Sharing Trust may facilitate the payments | ||||||
13 | provided for in paragraph (a) of this Section 20 through | ||||||
14 | payments made directly from one participant to another. | ||||||
15 | (d) A Medical Sharing Trust may cancel the membership of a | ||||||
16 | participant when that participant indicates their | ||||||
17 | unwillingness to participate by failing to make a payment to | ||||||
18 | another participant for a period in excess of 60 days. | ||||||
19 | (e) A Medical Sharing Trust may establish qualifications of | ||||||
20 | participation relating to the health of the prospective | ||||||
21 | participant. | ||||||
22 | (f) A Medical Sharing Trust may establish qualifications as | ||||||
23 | to the participants' physical or medical needs necessary for | ||||||
24 | eligibility for payment among the participants. | ||||||
25 | (g) A Medical Sharing Trust shall provide the following |
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1 | verbatim written disclaimer on all applications for membership | ||||||
2 | or participation: | ||||||
3 | "WARNING: This organization is not insurance or an | ||||||
4 | insurance policy nor is it offered through an insurance | ||||||
5 | company. Whether anyone chooses to assist you with your | ||||||
6 | medical bills will be totally voluntary, as no other member | ||||||
7 | will be compelled by law to contribute toward your medical | ||||||
8 | bills. As such, this organization should never be | ||||||
9 | considered to be providing insurance. Whether you receive | ||||||
10 | any payments for medical expenses and whether or not this | ||||||
11 | organization continues to operate, you are always | ||||||
12 | personally responsible for the payment of your own medical | ||||||
13 | bills. This organization is not subject to the regulatory | ||||||
14 | requirements of the Illinois Insurance Code.". | ||||||
15 | (h) A Medical Sharing Trust shall provide to its | ||||||
16 | participants, within 30 days of enrollment, a complete set of | ||||||
17 | its rules for the sharing of needs, appeals of decisions made | ||||||
18 | by the Medical Sharing Trust, and the filing of complaints in | ||||||
19 | the participant's native language if requested by the | ||||||
20 | participant.
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.".
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