96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1082


 
Introduced 2/11/2009, by Rep. Careen M Gordon - Barbara Flynn Currie - Mary E. Flowers - Lisa M. Dugan
 
SYNOPSIS AS INTRODUCED:
 		








           



5 ILCS 375/6.11





55 ILCS 5/5-1069.3





65 ILCS 5/10-4-2.3





105 ILCS 5/10-22.3f





215 ILCS 5/356z.15 new





215 ILCS 125/5-3
  from Ch. 111 1/2, par. 1411.2


215 ILCS 165/10
  from Ch. 32, par. 604


305 ILCS 5/5-16.8










    Amends the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Illinois Insurance Code, the Health Maintenance Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code to require an insurer, upon request of an insured intended parent, to provide maternity coverage for a gestational surrogate as a dependent for a term that extends throughout the duration of the expected pregnancy and for 8 weeks after the birth of the child. Effective immediately.
















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FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB1082

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1
    AN ACT concerning insurance.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:



 
4
    Section 5. The State Employees Group Insurance Act of 1971 
5
is amended  by changing Section 6.11 as follows:
 


6
    (5 ILCS 375/6.11)

7
    (Text of Section before amendment by P.A. 95-958)
8
    Sec. 6.11. Required health benefits; Illinois Insurance 
9
Code
requirements.  The program of health
benefits shall provide 
10
the post-mastectomy care benefits required to be covered
by a 
11
policy of accident and health insurance under Section 356t of 
12
the Illinois
Insurance Code.  The program of health benefits 
13
shall provide the coverage
required under Sections 356g.5,

14
356u, 356w, 356x, 356z.2, 356z.4, 356z.6, 356z.9, 356z.10, 
15
356z.13 356z.11, and 356z.14, and 356z.15
of the
Illinois 
16
Insurance Code.
The program of health benefits must comply with 
17
Section 155.37 of the
Illinois Insurance Code.

18
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
19
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-978, eff. 
20
1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)

 
21
    (Text of Section after amendment by P.A. 95-958)

22
    Sec. 6.11. Required health benefits; Illinois Insurance 
 


 






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Code
requirements.  The program of health
benefits shall provide 
2
the post-mastectomy care benefits required to be covered
by a 
3
policy of accident and health insurance under Section 356t of 
4
the Illinois
Insurance Code.  The program of health benefits 
5
shall provide the coverage
required under Sections 356g.5,

6
356u, 356w, 356x, 356z.2, 356z.4, 356z.6, 356z.9, 356z.10, 
7
356z.11, and 356z.12, 356z.13
356z.11, and 356z.14, and 356z.15 
8
of the
Illinois Insurance Code.
The program of health benefits 
9
must comply with Section 155.37 of the
Illinois Insurance Code.

10
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
11
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. 
12
6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised 
13
12-15-08.)


 
14
    Section 10. The Counties Code is amended  by changing 
15
Section 5-1069.3 as follows:
 
16
    (55 ILCS 5/5-1069.3)

17
    (Text of Section before amendment by P.A. 95-958)

18
    Sec. 5-1069.3. Required health benefits.   If a county, 
19
including a home
rule
county, is a self-insurer for purposes of 
20
providing health insurance coverage
for its employees, the 
21
coverage shall include coverage for the post-mastectomy
care 
22
benefits required to be covered by a policy of accident and 
23
health
insurance under Section 356t and the coverage required 
24
under Sections 356g.5, 356u,
356w, 356x, 356z.6, 356z.9, 
 


 






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356z.10, 356z.13
356z.11, and 356z.14, and 356z.15 of
the 
2
Illinois Insurance Code.  The requirement that health benefits 
3
be covered
as provided in this Section is an
exclusive power 
4
and function of the State and is a denial and limitation under

5
Article VII, Section 6, subsection (h) of the Illinois 
6
Constitution.  A home
rule county to which this Section applies 
7
must comply with every provision of
this Section.


8
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
9
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-978, eff. 
10
1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)

 
11
    (Text of Section after amendment by P.A. 95-958)
12
    Sec. 5-1069.3. Required health benefits.   If a county, 
13
including a home
rule
county, is a self-insurer for purposes of 
14
providing health insurance coverage
for its employees, the 
15
coverage shall include coverage for the post-mastectomy
care 
16
benefits required to be covered by a policy of accident and 
17
health
insurance under Section 356t and the coverage required 
18
under Sections 356g.5, 356u,
356w, 356x, 356z.6, 356z.9, 
19
356z.10, 356z.11, and 356z.12, 356z.13
356z.11, and 356z.14, 
20
and 356z.15 of
the Illinois Insurance Code.  The requirement 
21
that health benefits be covered
as provided in this Section is 
22
an
exclusive power and function of the State and is a denial 
23
and limitation under
Article VII, Section 6, subsection (h) of 
24
the Illinois Constitution.  A home
rule county to which this 
25
Section applies must comply with every provision of
this 
 


 






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Section.


2
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
3
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. 
4
6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised 
5
12-15-08.)

 
6
    Section 15. The Illinois Municipal Code is amended  by 
7
changing Section 10-4-2.3 as follows:
 
8
    (65 ILCS 5/10-4-2.3)

9
    (Text of Section before amendment by P.A. 95-958)

10
    Sec. 10-4-2.3. Required health benefits.   If a 
11
municipality, including a
home rule municipality, is a 
12
self-insurer for purposes of providing health
insurance 
13
coverage for its employees, the coverage shall include coverage 
14
for
the post-mastectomy care benefits required to be covered by 
15
a policy of
accident and health insurance under Section 356t 
16
and the coverage required
under Sections 356g.5, 356u, 356w, 
17
356x, 356z.6, 356z.9, 356z.10, 356z.13
356z.11, and 356z.14, 
18
and 356z.15 of the Illinois
Insurance
Code.  The requirement 
19
that health
benefits be covered as provided in this is an 
20
exclusive power and function of
the State and is a denial and 
21
limitation under Article VII, Section 6,
subsection (h) of the 
22
Illinois Constitution.  A home rule municipality to which
this 
23
Section applies must comply with every provision of this 
24
Section.


 


 






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1
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
2
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-978, eff. 
3
1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)

 
4
    (Text of Section after amendment by P.A. 95-958)
5
    Sec. 10-4-2.3. Required health benefits.   If a 
6
municipality, including a
home rule municipality, is a 
7
self-insurer for purposes of providing health
insurance 
8
coverage for its employees, the coverage shall include coverage 
9
for
the post-mastectomy care benefits required to be covered by 
10
a policy of
accident and health insurance under Section 356t 
11
and the coverage required
under Sections 356g.5, 356u, 356w, 
12
356x, 356z.6, 356z.9, 356z.10, 356z.11, and 356z.12, 356z.13

13
356z.11, and 356z.14, and 356z.15 of the Illinois
Insurance

14
Code.  The requirement that health
benefits be covered as 
15
provided in this is an exclusive power and function of
the 
16
State and is a denial and limitation under Article VII, Section 
17
6,
subsection (h) of the Illinois Constitution.  A home rule 
18
municipality to which
this Section applies must comply with 
19
every provision of this Section.


20
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
21
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. 
22
6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised 
23
12-15-08.)

 
24
    Section 20. The School Code is amended  by changing Section 
 


 






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10-22.3f as follows:
 
2
    (105 ILCS 5/10-22.3f)

3
    (Text of Section before amendment by P.A. 95-958)

4
    Sec. 10-22.3f. Required health benefits.   Insurance 
5
protection and
benefits
for employees shall provide the 
6
post-mastectomy care benefits required to be
covered by a 
7
policy of accident and health insurance under Section 356t and 
8
the
coverage required under Sections 356g.5, 356u, 356w, 356x,


9
356z.6, 356z.9, 356z.13 and 356z.11, and 356z.14, and 356z.15 
10
of
the
Illinois Insurance Code.


11
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
12
95-876, eff. 8-21-08; 95-978, eff. 1-1-09; 95-1005, eff. 
13
12-12-08; revised 12-15-08.)

 
14
    (Text of Section after amendment by P.A. 95-958)
15
    Sec. 10-22.3f. Required health benefits.   Insurance 
16
protection and
benefits
for employees shall provide the 
17
post-mastectomy care benefits required to be
covered by a 
18
policy of accident and health insurance under Section 356t and 
19
the
coverage required under Sections 356g.5, 356u, 356w, 356x,


20
356z.6, 356z.9, 356z.11, and 356z.12, 356z.13 and 356z.11, and 
21
356z.14, and 356z.15 of
the
Illinois Insurance Code.


22
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
23
95-876, eff. 8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09; 
24
95-1005, 12-12-08; revised 12-15-08.)

 
 


 






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    Section 25. The Illinois Insurance Code is amended  by 
2
adding Section 356z.15 as follows:
 
3
    (215 ILCS 5/356z.15 new)

4
    Sec. 356z.15. Gestational surrogate coverage. A group or 
5
individual policy of accident and health insurance or managed 
6
care plan that provides maternity coverage and is amended, 
7
delivered, issued, or renewed after the effective date of this 
8
amendatory Act of the 96th General Assembly must, upon request 
9
of an insured intended parent, provide maternity coverage for a 
10
gestational surrogate as a dependent for a term that extends 
11
throughout the duration of the expected pregnancy and for 8 
12
weeks after the birth of the child. 
13
    For the purposes of this Section, "intended parent" and 
14
"gestational surrogate" shall have the meanings given to those 
15
terms under the Gestational Surrogacy Act. 


 
16
    Section 30. The Health Maintenance Organization Act is 
17
amended  by changing Section 5-3 as follows:
 


18
    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)


19
    (Text of Section before amendment by P.A. 95-958)

20
    Sec. 5-3. Insurance Code provisions. 

21
    (a) Health Maintenance Organizations
shall be subject to 
22
the provisions of Sections 133, 134, 137, 140, 141.1,
141.2, 
 


 






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141.3, 143, 143c, 147, 148, 149, 151,
152, 153, 154, 154.5, 
2
154.6,
154.7, 154.8, 155.04, 355.2, 356m, 356v, 356w, 356x, 
3
356y,
356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 
4
356z.13
356z.11, 356z.14, 356z.15,
 364.01, 367.2, 367.2-5, 
5
367i, 368a, 368b, 368c, 368d, 368e, 370c,
401, 401.1, 402, 403, 
6
403A,
408, 408.2, 409, 412, 444,
and
444.1,
paragraph (c) of 
7
subsection (2) of Section 367, and Articles IIA, VIII 1/2,
XII,

8
XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the Illinois 
9
Insurance Code.

10
    (b) For purposes of the Illinois Insurance Code, except for 
11
Sections 444
and 444.1 and Articles XIII and XIII 1/2, Health 
12
Maintenance Organizations in
the following categories are 
13
deemed to be "domestic companies":


14
        (1) a corporation authorized under the
Dental Service 
15
    Plan Act or the Voluntary Health Services Plans Act;


16
        (2) a corporation organized under the laws of this 
17
    State; or


18
        (3) a corporation organized under the laws of another 
19
    state, 30% or more
of the enrollees of which are residents 
20
    of this State, except a
corporation subject to 
21
    substantially the same requirements in its state of

22
    organization as is a "domestic company" under Article VIII 
23
    1/2 of the
Illinois Insurance Code.

24
    (c) In considering the merger, consolidation, or other 
25
acquisition of
control of a Health Maintenance Organization 
26
pursuant to Article VIII 1/2
of the Illinois Insurance Code,


 


 






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        (1) the Director shall give primary consideration to 
2
    the continuation of
benefits to enrollees and the financial 
3
    conditions of the acquired Health
Maintenance Organization 
4
    after the merger, consolidation, or other
acquisition of 
5
    control takes effect;


6
        (2)(i) the criteria specified in subsection (1)(b) of 
7
    Section 131.8 of
the Illinois Insurance Code shall not 
8
    apply and (ii) the Director, in making
his determination 
9
    with respect to the merger, consolidation, or other

10
    acquisition of control, need not take into account the 
11
    effect on
competition of the merger, consolidation, or 
12
    other acquisition of control;


13
        (3) the Director shall have the power to require the 
14
    following
information:


15
            (A) certification by an independent actuary of the 
16
        adequacy
of the reserves of the Health Maintenance 
17
        Organization sought to be acquired;


18
            (B) pro forma financial statements reflecting the 
19
        combined balance
sheets of the acquiring company and 
20
        the Health Maintenance Organization sought
to be 
21
        acquired as of the end of the preceding year and as of 
22
        a date 90 days
prior to the acquisition, as well as pro 
23
        forma financial statements
reflecting projected 
24
        combined operation for a period of 2 years;


25
            (C) a pro forma business plan detailing an 
26
        acquiring party's plans with
respect to the operation 
 


 






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        of the Health Maintenance Organization sought to
be 
2
        acquired for a period of not less than 3 years; and


3
            (D) such other information as the Director shall 
4
        require.

5
    (d) The provisions of Article VIII 1/2 of the Illinois 
6
Insurance Code
and this Section 5-3 shall apply to the sale by 
7
any health maintenance
organization of greater than 10% of its

8
enrollee population (including without limitation the health 
9
maintenance
organization's right, title, and interest in and to 
10
its health care
certificates).

11
    (e) In considering any management contract or service 
12
agreement subject
to Section 141.1 of the Illinois Insurance 
13
Code, the Director (i) shall, in
addition to the criteria 
14
specified in Section 141.2 of the Illinois
Insurance Code, take 
15
into account the effect of the management contract or
service 
16
agreement on the continuation of benefits to enrollees and the

17
financial condition of the health maintenance organization to 
18
be managed or
serviced, and (ii) need not take into account the 
19
effect of the management
contract or service agreement on 
20
competition.

21
    (f) Except for small employer groups as defined in the 
22
Small Employer
Rating, Renewability and Portability Health 
23
Insurance Act and except for
medicare supplement policies as 
24
defined in Section 363 of the Illinois
Insurance Code, a Health 
25
Maintenance Organization may by contract agree with a
group or 
26
other enrollment unit to effect refunds or charge additional 
 


 






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premiums
under the following terms and conditions:


2
        (i) the amount of, and other terms and conditions with 
3
    respect to, the
refund or additional premium are set forth 
4
    in the group or enrollment unit
contract agreed in advance 
5
    of the period for which a refund is to be paid or

6
    additional premium is to be charged (which period shall not 
7
    be less than one
year); and


8
        (ii) the amount of the refund or additional premium 
9
    shall not exceed 20%
of the Health Maintenance 
10
    Organization's profitable or unprofitable experience
with 
11
    respect to the group or other enrollment unit for the 
12
    period (and, for
purposes of a refund or additional 
13
    premium, the profitable or unprofitable
experience shall 
14
    be calculated taking into account a pro rata share of the

15
    Health Maintenance Organization's administrative and 
16
    marketing expenses, but
shall not include any refund to be 
17
    made or additional premium to be paid
pursuant to this 
18
    subsection (f)).  The Health Maintenance Organization and 
19
    the
group or enrollment unit may agree that the profitable 
20
    or unprofitable
experience may be calculated taking into 
21
    account the refund period and the
immediately preceding 2 
22
    plan years.

23
    The Health Maintenance Organization shall include a 
24
statement in the
evidence of coverage issued to each enrollee 
25
describing the possibility of a
refund or additional premium, 
26
and upon request of any group or enrollment unit,
provide to 
 


 






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the group or enrollment unit a description of the method used 
2
to
calculate (1) the Health Maintenance Organization's 
3
profitable experience with
respect to the group or enrollment 
4
unit and the resulting refund to the group
or enrollment unit 
5
or (2) the Health Maintenance Organization's unprofitable

6
experience with respect to the group or enrollment unit and the 
7
resulting
additional premium to be paid by the group or 
8
enrollment unit.

9
    In no event shall the Illinois Health Maintenance 
10
Organization
Guaranty Association be liable to pay any 
11
contractual obligation of an
insolvent organization to pay any 
12
refund authorized under this Section.

13
(Source: P.A. 94-906, eff. 1-1-07; 94-1076, eff. 12-29-06; 
14
95-422, eff. 8-24-07; 95-520, eff. 8-28-07; 95-876, eff. 
15
8-21-08; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised 
16
12-15-08.)

 
17
    (Text of Section after amendment by P.A. 95-958)
18
    Sec. 5-3. Insurance Code provisions. 

19
    (a) Health Maintenance Organizations
shall be subject to 
20
the provisions of Sections 133, 134, 137, 140, 141.1,
141.2, 
21
141.3, 143, 143c, 147, 148, 149, 151,
152, 153, 154, 154.5, 
22
154.6,
154.7, 154.8, 155.04, 355.2, 356m, 356v, 356w, 356x, 
23
356y,
356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 
24
356z.11, 356z.12, 356z.13
356z.11, 356z.14, 356z.15, 364.01, 
25
367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, 368e, 370c,
401, 
 


 






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401.1, 402, 403, 403A,
408, 408.2, 409, 412, 444,
and
444.1,

2
paragraph (c) of subsection (2) of Section 367, and Articles 
3
IIA, VIII 1/2,
XII,
XII 1/2, XIII, XIII 1/2, XXV, and XXVI of 
4
the Illinois Insurance Code.

5
    (b) For purposes of the Illinois Insurance Code, except for 
6
Sections 444
and 444.1 and Articles XIII and XIII 1/2, Health 
7
Maintenance Organizations in
the following categories are 
8
deemed to be "domestic companies":


9
        (1) a corporation authorized under the
Dental Service 
10
    Plan Act or the Voluntary Health Services Plans Act;


11
        (2) a corporation organized under the laws of this 
12
    State; or


13
        (3) a corporation organized under the laws of another 
14
    state, 30% or more
of the enrollees of which are residents 
15
    of this State, except a
corporation subject to 
16
    substantially the same requirements in its state of

17
    organization as is a "domestic company" under Article VIII 
18
    1/2 of the
Illinois Insurance Code.

19
    (c) In considering the merger, consolidation, or other 
20
acquisition of
control of a Health Maintenance Organization 
21
pursuant to Article VIII 1/2
of the Illinois Insurance Code,


22
        (1) the Director shall give primary consideration to 
23
    the continuation of
benefits to enrollees and the financial 
24
    conditions of the acquired Health
Maintenance Organization 
25
    after the merger, consolidation, or other
acquisition of 
26
    control takes effect;


 


 






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        (2)(i) the criteria specified in subsection (1)(b) of 
2
    Section 131.8 of
the Illinois Insurance Code shall not 
3
    apply and (ii) the Director, in making
his determination 
4
    with respect to the merger, consolidation, or other

5
    acquisition of control, need not take into account the 
6
    effect on
competition of the merger, consolidation, or 
7
    other acquisition of control;


8
        (3) the Director shall have the power to require the 
9
    following
information:


10
            (A) certification by an independent actuary of the 
11
        adequacy
of the reserves of the Health Maintenance 
12
        Organization sought to be acquired;


13
            (B) pro forma financial statements reflecting the 
14
        combined balance
sheets of the acquiring company and 
15
        the Health Maintenance Organization sought
to be 
16
        acquired as of the end of the preceding year and as of 
17
        a date 90 days
prior to the acquisition, as well as pro 
18
        forma financial statements
reflecting projected 
19
        combined operation for a period of 2 years;


20
            (C) a pro forma business plan detailing an 
21
        acquiring party's plans with
respect to the operation 
22
        of the Health Maintenance Organization sought to
be 
23
        acquired for a period of not less than 3 years; and


24
            (D) such other information as the Director shall 
25
        require.

26
    (d) The provisions of Article VIII 1/2 of the Illinois 
 


 






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Insurance Code
and this Section 5-3 shall apply to the sale by 
2
any health maintenance
organization of greater than 10% of its

3
enrollee population (including without limitation the health 
4
maintenance
organization's right, title, and interest in and to 
5
its health care
certificates).

6
    (e) In considering any management contract or service 
7
agreement subject
to Section 141.1 of the Illinois Insurance 
8
Code, the Director (i) shall, in
addition to the criteria 
9
specified in Section 141.2 of the Illinois
Insurance Code, take 
10
into account the effect of the management contract or
service 
11
agreement on the continuation of benefits to enrollees and the

12
financial condition of the health maintenance organization to 
13
be managed or
serviced, and (ii) need not take into account the 
14
effect of the management
contract or service agreement on 
15
competition.

16
    (f) Except for small employer groups as defined in the 
17
Small Employer
Rating, Renewability and Portability Health 
18
Insurance Act and except for
medicare supplement policies as 
19
defined in Section 363 of the Illinois
Insurance Code, a Health 
20
Maintenance Organization may by contract agree with a
group or 
21
other enrollment unit to effect refunds or charge additional 
22
premiums
under the following terms and conditions:


23
        (i) the amount of, and other terms and conditions with 
24
    respect to, the
refund or additional premium are set forth 
25
    in the group or enrollment unit
contract agreed in advance 
26
    of the period for which a refund is to be paid or

 


 






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    additional premium is to be charged (which period shall not 
2
    be less than one
year); and


3
        (ii) the amount of the refund or additional premium 
4
    shall not exceed 20%
of the Health Maintenance 
5
    Organization's profitable or unprofitable experience
with 
6
    respect to the group or other enrollment unit for the 
7
    period (and, for
purposes of a refund or additional 
8
    premium, the profitable or unprofitable
experience shall 
9
    be calculated taking into account a pro rata share of the

10
    Health Maintenance Organization's administrative and 
11
    marketing expenses, but
shall not include any refund to be 
12
    made or additional premium to be paid
pursuant to this 
13
    subsection (f)).  The Health Maintenance Organization and 
14
    the
group or enrollment unit may agree that the profitable 
15
    or unprofitable
experience may be calculated taking into 
16
    account the refund period and the
immediately preceding 2 
17
    plan years.

18
    The Health Maintenance Organization shall include a 
19
statement in the
evidence of coverage issued to each enrollee 
20
describing the possibility of a
refund or additional premium, 
21
and upon request of any group or enrollment unit,
provide to 
22
the group or enrollment unit a description of the method used 
23
to
calculate (1) the Health Maintenance Organization's 
24
profitable experience with
respect to the group or enrollment 
25
unit and the resulting refund to the group
or enrollment unit 
26
or (2) the Health Maintenance Organization's unprofitable

 


 






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experience with respect to the group or enrollment unit and the 
2
resulting
additional premium to be paid by the group or 
3
enrollment unit.

4
    In no event shall the Illinois Health Maintenance 
5
Organization
Guaranty Association be liable to pay any 
6
contractual obligation of an
insolvent organization to pay any 
7
refund authorized under this Section.

8
(Source: P.A. 94-906, eff. 1-1-07; 94-1076, eff. 12-29-06; 
9
95-422, eff. 8-24-07; 95-520, eff. 8-28-07; 95-876, eff. 
10
8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09; 95-1005, 
11
eff. 12-12-08; revised 12-15-08.)


 
12
    Section 35. The Voluntary Health Services Plans Act is 
13
amended  by changing Section 10 as follows:
 


14
    (215 ILCS 165/10)  (from Ch. 32, par. 604)

15
    (Text of Section before amendment by P.A. 95-958)

16
    Sec. 10. Application of Insurance Code provisions. Health 
17
services
plan corporations and all persons interested therein 
18
or dealing therewith
shall be subject to the provisions of 
19
Articles IIA and XII 1/2 and Sections
3.1, 133, 140, 143, 143c, 
20
149, 155.37, 354, 355.2, 356g.5, 356r, 356t, 356u, 356v,
356w, 
21
356x, 356y, 356z.1, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 
22
356z.9,
356z.10, 356z.13
356z.11, 356z.14, 356z.15,
 364.01, 
23
367.2, 368a, 401, 401.1,
402,
403, 403A, 408,
408.2, and 412, 
24
and paragraphs (7) and (15) of Section 367 of the Illinois

 


 






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Insurance Code.

2
(Source: P.A. 94-1076, eff. 12-29-06; 95-189, eff. 8-16-07; 
3
95-331, eff. 8-21-07; 95-422, eff. 8-24-07; 95-520, eff. 
4
8-28-07; 95-876, eff. 8-21-08; 95-978, eff. 1-1-09; 95-1005, 
5
eff. 12-12-08; revised 12-15-08.)

 
6
    (Text of Section after amendment by P.A. 95-958)
7
    Sec. 10. Application of Insurance Code provisions. Health 
8
services
plan corporations and all persons interested therein 
9
or dealing therewith
shall be subject to the provisions of 
10
Articles IIA and XII 1/2 and Sections
3.1, 133, 140, 143, 143c, 
11
149, 155.37, 354, 355.2, 356g.5, 356r, 356t, 356u, 356v,
356w, 
12
356x, 356y, 356z.1, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 
13
356z.9,
356z.10, 356z.11, 356z.12, 356z.13
356z.11, 356z.14, 
14
356z.15, 364.01, 367.2, 368a, 401, 401.1,
402,
403, 403A, 408,

15
408.2, and 412, and paragraphs (7) and (15) of Section 367 of 
16
the Illinois
Insurance Code.

17
(Source: P.A. 94-1076, eff. 12-29-06; 95-189, eff. 8-16-07; 
18
95-331, eff. 8-21-07; 95-422, eff. 8-24-07; 95-520, eff. 
19
8-28-07; 95-876, eff. 8-21-08; 95-958, eff. 6-1-09; 95-978, 
20
eff. 1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)


 
21
    Section 40. The Illinois Public Aid Code is amended  by 
22
changing Section 5-16.8 as follows:
 



23
    (305 ILCS 5/5-16.8)


 


 






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    Sec. 5-16.8. Required health benefits. The medical 
2
assistance program
shall
(i) provide the post-mastectomy care 
3
benefits required to be covered by a policy of
accident and 
4
health insurance under Section 356t and the coverage required

5
under Sections 356g.5, 356u, 356w, 356x, and 356z.6, and 
6
356z.15 of the Illinois
Insurance Code and (ii) be subject to 
7
the provisions of Section 364.01 of the Illinois
Insurance 
8
Code.

9
(Source: P.A. 95-189, eff. 8-16-07; 95-331, eff. 8-21-07.)


 
10
    Section 95. No acceleration or delay. Where this Act makes 
11
changes in a statute that is represented in this Act by text 
12
that is not yet or no longer in effect (for example, a Section 
13
represented by multiple versions), the use of that text does 
14
not accelerate or delay the taking effect of (i) the changes 
15
made by this Act or (ii) provisions derived from any other 
16
Public Act.
 

17
    Section 99. Effective date. This Act takes effect upon 
18
becoming law.