Rep. Harry Osterman
Filed: 3/16/2009
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 1723 




2
    AMENDMENT NO. ______. Amend House Bill 1723  by replacing 
3
everything after the enacting clause with the following:


 
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 
 


 






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Section 155.37 of the
Illinois Insurance Code.

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; 95-978, eff. 
4
1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)

 
5
    (Text of Section after amendment by P.A. 95-958)

6
    Sec. 6.11. Required health benefits; Illinois Insurance 
7
Code
requirements.  The program of health
benefits shall provide 
8
the post-mastectomy care benefits required to be covered
by a 
9
policy of accident and health insurance under Section 356t of 
10
the Illinois
Insurance Code.  The program of health benefits 
11
shall provide the coverage
required under Sections 356g.5,

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

16
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
17
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. 
18
6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised 
19
12-15-08.)
 
20
    Section 10. The Counties Code is amended  by changing 
21
Section 5-1069.3 as follows:
 
22
    (55 ILCS 5/5-1069.3)

23
    (Text of Section before amendment by P.A. 95-958)

 


 






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    Sec. 5-1069.3. Required health benefits.   If a county, 
2
including a home
rule
county, is a self-insurer for purposes of 
3
providing health insurance coverage
for its employees, the 
4
coverage shall include coverage for the post-mastectomy
care 
5
benefits required to be covered by a policy of accident and 
6
health
insurance under Section 356t and the coverage required 
7
under Sections 356g.5, 356u,
356w, 356x, 356z.6, 356z.9, 
8
356z.10, 356z.13
356z.11, and 356z.14, and 356z.15 of
the 
9
Illinois Insurance Code.  The requirement that health benefits 
10
be covered
as provided in this Section is an
exclusive power 
11
and function of the State and is a denial and limitation under

12
Article VII, Section 6, subsection (h) of the Illinois 
13
Constitution.  A home
rule county to which this Section applies 
14
must comply with every provision of
this Section.


15
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
16
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-978, eff. 
17
1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)

 
18
    (Text of Section after amendment by P.A. 95-958)
19
    Sec. 5-1069.3. Required health benefits.   If a county, 
20
including a home
rule
county, is a self-insurer for purposes of 
21
providing health insurance coverage
for its employees, the 
22
coverage shall include coverage for the post-mastectomy
care 
23
benefits required to be covered by a policy of accident and 
24
health
insurance under Section 356t and the coverage required 
25
under Sections 356g.5, 356u,
356w, 356x, 356z.6, 356z.9, 
 


 






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356z.10, 356z.11, and 356z.12, 356z.13
356z.11, and 356z.14, 
2
and 356z.15 of
the Illinois Insurance Code.  The requirement 
3
that health benefits be covered
as provided in this Section is 
4
an
exclusive power and function of the State and is a denial 
5
and limitation under
Article VII, Section 6, subsection (h) of 
6
the Illinois Constitution.  A home
rule county to which this 
7
Section applies must comply with every provision of
this 
8
Section.


9
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
10
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. 
11
6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised 
12
12-15-08.)
 
13
    Section 15. The Illinois Municipal Code is amended  by 
14
changing Section 10-4-2.3 as follows:
 
15
    (65 ILCS 5/10-4-2.3)

16
    (Text of Section before amendment by P.A. 95-958)

17
    Sec. 10-4-2.3. Required health benefits.   If a 
18
municipality, including a
home rule municipality, is a 
19
self-insurer for purposes of providing health
insurance 
20
coverage for its employees, the coverage shall include coverage 
21
for
the post-mastectomy care benefits required to be covered by 
22
a policy of
accident and health insurance under Section 356t 
23
and the coverage required
under Sections 356g.5, 356u, 356w, 
24
356x, 356z.6, 356z.9, 356z.10, 356z.13
356z.11, and 356z.14, 
 


 






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and 356z.15 of the Illinois
Insurance
Code.  The requirement 
2
that health
benefits be covered as provided in this is an 
3
exclusive power and function of
the State and is a denial and 
4
limitation under Article VII, Section 6,
subsection (h) of the 
5
Illinois Constitution.  A home rule municipality to which
this 
6
Section applies must comply with every provision of this 
7
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. 10-4-2.3. Required health benefits.   If a 
13
municipality, including a
home rule municipality, is a 
14
self-insurer for purposes of providing health
insurance 
15
coverage for its employees, the coverage shall include coverage 
16
for
the post-mastectomy care benefits required to be covered by 
17
a policy of
accident and health insurance under Section 356t 
18
and the coverage required
under Sections 356g.5, 356u, 356w, 
19
356x, 356z.6, 356z.9, 356z.10, 356z.11, and 356z.12, 356z.13

20
356z.11, and 356z.14, and 356z.15 of the Illinois
Insurance

21
Code.  The requirement that health
benefits be covered as 
22
provided in this is an exclusive power and function of
the 
23
State and is a denial and limitation under Article VII, Section 
24
6,
subsection (h) of the Illinois Constitution.  A home rule 
25
municipality to which
this Section applies must comply with 
 


 






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every provision of this 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 20. The School Code is amended  by changing Section 
7
10-22.3f as follows:
 
8
    (105 ILCS 5/10-22.3f)

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

10
    Sec. 10-22.3f. Required health benefits.   Insurance 
11
protection and
benefits
for employees shall provide the 
12
post-mastectomy care benefits required to be
covered by a 
13
policy of accident and health insurance under Section 356t and 
14
the
coverage required under Sections 356g.5, 356u, 356w, 356x,


15
356z.6, 356z.9, 356z.13
and 356z.11, and 356z.14, and 356z.15 
16
of
the
Illinois Insurance Code.


17
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
18
95-876, eff. 8-21-08; 95-978, eff. 1-1-09; 95-1005, eff. 
19
12-12-08; revised 12-15-08.)

 
20
    (Text of Section after amendment by P.A. 95-958)
21
    Sec. 10-22.3f. Required health benefits.   Insurance 
22
protection and
benefits
for employees shall provide the 
23
post-mastectomy care benefits required to be
covered by a 
 


 






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policy of accident and health insurance under Section 356t and 
2
the
coverage required under Sections 356g.5, 356u, 356w, 356x,


3
356z.6, 356z.9, 356z.11, and 356z.12, 356z.13
and 356z.11, and 
4
356z.14, and 356z.15 of
the
Illinois Insurance Code.


5
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
6
95-876, eff. 8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09; 
7
95-1005, 12-12-08; revised 12-15-08.)
 
8
    Section 25. The Illinois Insurance Code is amended  by 
9
adding Section 356z.15 as follows:
 
10
    (215 ILCS 5/356z.15  new)
11
    Sec. 356z.15. Lymphedema.
12
    (a) A group or individual policy of accident and health 
13
insurance or managed care plan amended, delivered, issued, or 
14
renewed after the effective date of this amendatory Act of the 
15
96th General Assembly must provide coverage for lymphedema 
16
screening and treatment to the extent that such benefits are 
17
not already covered by the policy of accident and health 
18
insurance or managed care plan.
19
    (b) Coverage under this Section shall be subject to 
20
copayment, deductible, and coinsurance provisions of a policy 
21
of accident and health insurance or managed care plan to the 
22
extent that other medical services covered by the policy of 
23
accident and health insurance or managed care plan are subject 
24
to these provisions.
 


 






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    (c) This Section shall not be construed as limiting 
2
benefits that are otherwise available to an individual under a 
3
policy of accident and health insurance or managed care plan 
4
and benefits provided under this Section may not be subject to 
5
dollar limits, deductibles, copayments, or coinsurance 
6
provisions that are less favorable to the insured than the 
7
dollar limits, deductibles, or coinsurance provisions that 
8
apply to physical illness generally.
 
9
    Section 30. The Health Maintenance Organization Act is 
10
amended  by changing Section 5-3 as follows:
 


11
    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)


12
    (Text of Section before amendment by P.A. 95-958)

13
    Sec. 5-3. Insurance Code provisions. 

14
    (a) Health Maintenance Organizations
shall be subject to 
15
the provisions of Sections 133, 134, 137, 140, 141.1,
141.2, 
16
141.3, 143, 143c, 147, 148, 149, 151,
152, 153, 154, 154.5, 
17
154.6,
154.7, 154.8, 155.04, 355.2, 356m, 356v, 356w, 356x, 
18
356y,
356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 
19
356z.13
356z.11, 356z.14, 356z.15,
 364.01, 367.2, 367.2-5, 
20
367i, 368a, 368b, 368c, 368d, 368e, 370c,
401, 401.1, 402, 403, 
21
403A,
408, 408.2, 409, 412, 444,
and
444.1,
paragraph (c) of 
22
subsection (2) of Section 367, and Articles IIA, VIII 1/2,
XII,

23
XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the Illinois 
24
Insurance Code.

 


 






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    (b) For purposes of the Illinois Insurance Code, except for 
2
Sections 444
and 444.1 and Articles XIII and XIII 1/2, Health 
3
Maintenance Organizations in
the following categories are 
4
deemed to be "domestic companies":


5
        (1) a corporation authorized under the
Dental Service 
6
    Plan Act or the Voluntary Health Services Plans Act;


7
        (2) a corporation organized under the laws of this 
8
    State; or


9
        (3) a corporation organized under the laws of another 
10
    state, 30% or more
of the enrollees of which are residents 
11
    of this State, except a
corporation subject to 
12
    substantially the same requirements in its state of

13
    organization as is a "domestic company" under Article VIII 
14
    1/2 of the
Illinois Insurance Code.

15
    (c) In considering the merger, consolidation, or other 
16
acquisition of
control of a Health Maintenance Organization 
17
pursuant to Article VIII 1/2
of the Illinois Insurance Code,


18
        (1) the Director shall give primary consideration to 
19
    the continuation of
benefits to enrollees and the financial 
20
    conditions of the acquired Health
Maintenance Organization 
21
    after the merger, consolidation, or other
acquisition of 
22
    control takes effect;


23
        (2)(i) the criteria specified in subsection (1)(b) of 
24
    Section 131.8 of
the Illinois Insurance Code shall not 
25
    apply and (ii) the Director, in making
his determination 
26
    with respect to the merger, consolidation, or other

 


 






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    acquisition of control, need not take into account the 
2
    effect on
competition of the merger, consolidation, or 
3
    other acquisition of control;


4
        (3) the Director shall have the power to require the 
5
    following
information:


6
            (A) certification by an independent actuary of the 
7
        adequacy
of the reserves of the Health Maintenance 
8
        Organization sought to be acquired;


9
            (B) pro forma financial statements reflecting the 
10
        combined balance
sheets of the acquiring company and 
11
        the Health Maintenance Organization sought
to be 
12
        acquired as of the end of the preceding year and as of 
13
        a date 90 days
prior to the acquisition, as well as pro 
14
        forma financial statements
reflecting projected 
15
        combined operation for a period of 2 years;


16
            (C) a pro forma business plan detailing an 
17
        acquiring party's plans with
respect to the operation 
18
        of the Health Maintenance Organization sought to
be 
19
        acquired for a period of not less than 3 years; and


20
            (D) such other information as the Director shall 
21
        require.

22
    (d) The provisions of Article VIII 1/2 of the Illinois 
23
Insurance Code
and this Section 5-3 shall apply to the sale by 
24
any health maintenance
organization of greater than 10% of its

25
enrollee population (including without limitation the health 
26
maintenance
organization's right, title, and interest in and to 
 


 






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its health care
certificates).

2
    (e) In considering any management contract or service 
3
agreement subject
to Section 141.1 of the Illinois Insurance 
4
Code, the Director (i) shall, in
addition to the criteria 
5
specified in Section 141.2 of the Illinois
Insurance Code, take 
6
into account the effect of the management contract or
service 
7
agreement on the continuation of benefits to enrollees and the

8
financial condition of the health maintenance organization to 
9
be managed or
serviced, and (ii) need not take into account the 
10
effect of the management
contract or service agreement on 
11
competition.

12
    (f) Except for small employer groups as defined in the 
13
Small Employer
Rating, Renewability and Portability Health 
14
Insurance Act and except for
medicare supplement policies as 
15
defined in Section 363 of the Illinois
Insurance Code, a Health 
16
Maintenance Organization may by contract agree with a
group or 
17
other enrollment unit to effect refunds or charge additional 
18
premiums
under the following terms and conditions:


19
        (i) the amount of, and other terms and conditions with 
20
    respect to, the
refund or additional premium are set forth 
21
    in the group or enrollment unit
contract agreed in advance 
22
    of the period for which a refund is to be paid or

23
    additional premium is to be charged (which period shall not 
24
    be less than one
year); and


25
        (ii) the amount of the refund or additional premium 
26
    shall not exceed 20%
of the Health Maintenance 
 


 






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    Organization's profitable or unprofitable experience
with 
2
    respect to the group or other enrollment unit for the 
3
    period (and, for
purposes of a refund or additional 
4
    premium, the profitable or unprofitable
experience shall 
5
    be calculated taking into account a pro rata share of the

6
    Health Maintenance Organization's administrative and 
7
    marketing expenses, but
shall not include any refund to be 
8
    made or additional premium to be paid
pursuant to this 
9
    subsection (f)).  The Health Maintenance Organization and 
10
    the
group or enrollment unit may agree that the profitable 
11
    or unprofitable
experience may be calculated taking into 
12
    account the refund period and the
immediately preceding 2 
13
    plan years.

14
    The Health Maintenance Organization shall include a 
15
statement in the
evidence of coverage issued to each enrollee 
16
describing the possibility of a
refund or additional premium, 
17
and upon request of any group or enrollment unit,
provide to 
18
the group or enrollment unit a description of the method used 
19
to
calculate (1) the Health Maintenance Organization's 
20
profitable experience with
respect to the group or enrollment 
21
unit and the resulting refund to the group
or enrollment unit 
22
or (2) the Health Maintenance Organization's unprofitable

23
experience with respect to the group or enrollment unit and the 
24
resulting
additional premium to be paid by the group or 
25
enrollment unit.

26
    In no event shall the Illinois Health Maintenance 
 


 






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Organization
Guaranty Association be liable to pay any 
2
contractual obligation of an
insolvent organization to pay any 
3
refund authorized under this Section.

4
(Source: P.A. 94-906, eff. 1-1-07; 94-1076, eff. 12-29-06; 
5
95-422, eff. 8-24-07; 95-520, eff. 8-28-07; 95-876, eff. 
6
8-21-08; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised 
7
12-15-08.)

 
8
    (Text of Section after amendment by P.A. 95-958)
9
    Sec. 5-3. Insurance Code provisions. 

10
    (a) Health Maintenance Organizations
shall be subject to 
11
the provisions of Sections 133, 134, 137, 140, 141.1,
141.2, 
12
141.3, 143, 143c, 147, 148, 149, 151,
152, 153, 154, 154.5, 
13
154.6,
154.7, 154.8, 155.04, 355.2, 356m, 356v, 356w, 356x, 
14
356y,
356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 
15
356z.11, 356z.12, 356z.13
356z.11, 356z.14, 356z.15, 364.01, 
16
367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, 368e, 370c,
401, 
17
401.1, 402, 403, 403A,
408, 408.2, 409, 412, 444,
and
444.1,

18
paragraph (c) of subsection (2) of Section 367, and Articles 
19
IIA, VIII 1/2,
XII,
XII 1/2, XIII, XIII 1/2, XXV, and XXVI of 
20
the Illinois Insurance Code.

21
    (b) For purposes of the Illinois Insurance Code, except for 
22
Sections 444
and 444.1 and Articles XIII and XIII 1/2, Health 
23
Maintenance Organizations in
the following categories are 
24
deemed to be "domestic companies":


25
        (1) a corporation authorized under the
Dental Service 
 


 






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    Plan Act or the Voluntary Health Services Plans Act;


2
        (2) a corporation organized under the laws of this 
3
    State; or


4
        (3) a corporation organized under the laws of another 
5
    state, 30% or more
of the enrollees of which are residents 
6
    of this State, except a
corporation subject to 
7
    substantially the same requirements in its state of

8
    organization as is a "domestic company" under Article VIII 
9
    1/2 of the
Illinois Insurance Code.

10
    (c) In considering the merger, consolidation, or other 
11
acquisition of
control of a Health Maintenance Organization 
12
pursuant to Article VIII 1/2
of the Illinois Insurance Code,


13
        (1) the Director shall give primary consideration to 
14
    the continuation of
benefits to enrollees and the financial 
15
    conditions of the acquired Health
Maintenance Organization 
16
    after the merger, consolidation, or other
acquisition of 
17
    control takes effect;


18
        (2)(i) the criteria specified in subsection (1)(b) of 
19
    Section 131.8 of
the Illinois Insurance Code shall not 
20
    apply and (ii) the Director, in making
his determination 
21
    with respect to the merger, consolidation, or other

22
    acquisition of control, need not take into account the 
23
    effect on
competition of the merger, consolidation, or 
24
    other acquisition of control;


25
        (3) the Director shall have the power to require the 
26
    following
information:


 


 






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            (A) certification by an independent actuary of the 
2
        adequacy
of the reserves of the Health Maintenance 
3
        Organization sought to be acquired;


4
            (B) pro forma financial statements reflecting the 
5
        combined balance
sheets of the acquiring company and 
6
        the Health Maintenance Organization sought
to be 
7
        acquired as of the end of the preceding year and as of 
8
        a date 90 days
prior to the acquisition, as well as pro 
9
        forma financial statements
reflecting projected 
10
        combined operation for a period of 2 years;


11
            (C) a pro forma business plan detailing an 
12
        acquiring party's plans with
respect to the operation 
13
        of the Health Maintenance Organization sought to
be 
14
        acquired for a period of not less than 3 years; and


15
            (D) such other information as the Director shall 
16
        require.

17
    (d) The provisions of Article VIII 1/2 of the Illinois 
18
Insurance Code
and this Section 5-3 shall apply to the sale by 
19
any health maintenance
organization of greater than 10% of its

20
enrollee population (including without limitation the health 
21
maintenance
organization's right, title, and interest in and to 
22
its health care
certificates).

23
    (e) In considering any management contract or service 
24
agreement subject
to Section 141.1 of the Illinois Insurance 
25
Code, the Director (i) shall, in
addition to the criteria 
26
specified in Section 141.2 of the Illinois
Insurance Code, take 
 


 






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into account the effect of the management contract or
service 
2
agreement on the continuation of benefits to enrollees and the

3
financial condition of the health maintenance organization to 
4
be managed or
serviced, and (ii) need not take into account the 
5
effect of the management
contract or service agreement on 
6
competition.

7
    (f) Except for small employer groups as defined in the 
8
Small Employer
Rating, Renewability and Portability Health 
9
Insurance Act and except for
medicare supplement policies as 
10
defined in Section 363 of the Illinois
Insurance Code, a Health 
11
Maintenance Organization may by contract agree with a
group or 
12
other enrollment unit to effect refunds or charge additional 
13
premiums
under the following terms and conditions:


14
        (i) the amount of, and other terms and conditions with 
15
    respect to, the
refund or additional premium are set forth 
16
    in the group or enrollment unit
contract agreed in advance 
17
    of the period for which a refund is to be paid or

18
    additional premium is to be charged (which period shall not 
19
    be less than one
year); and


20
        (ii) the amount of the refund or additional premium 
21
    shall not exceed 20%
of the Health Maintenance 
22
    Organization's profitable or unprofitable experience
with 
23
    respect to the group or other enrollment unit for the 
24
    period (and, for
purposes of a refund or additional 
25
    premium, the profitable or unprofitable
experience shall 
26
    be calculated taking into account a pro rata share of the

 


 






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    Health Maintenance Organization's administrative and 
2
    marketing expenses, but
shall not include any refund to be 
3
    made or additional premium to be paid
pursuant to this 
4
    subsection (f)).  The Health Maintenance Organization and 
5
    the
group or enrollment unit may agree that the profitable 
6
    or unprofitable
experience may be calculated taking into 
7
    account the refund period and the
immediately preceding 2 
8
    plan years.

9
    The Health Maintenance Organization shall include a 
10
statement in the
evidence of coverage issued to each enrollee 
11
describing the possibility of a
refund or additional premium, 
12
and upon request of any group or enrollment unit,
provide to 
13
the group or enrollment unit a description of the method used 
14
to
calculate (1) the Health Maintenance Organization's 
15
profitable experience with
respect to the group or enrollment 
16
unit and the resulting refund to the group
or enrollment unit 
17
or (2) the Health Maintenance Organization's unprofitable

18
experience with respect to the group or enrollment unit and the 
19
resulting
additional premium to be paid by the group or 
20
enrollment unit.

21
    In no event shall the Illinois Health Maintenance 
22
Organization
Guaranty Association be liable to pay any 
23
contractual obligation of an
insolvent organization to pay any 
24
refund authorized under this Section.

25
(Source: P.A. 94-906, eff. 1-1-07; 94-1076, eff. 12-29-06; 
26
95-422, eff. 8-24-07; 95-520, eff. 8-28-07; 95-876, eff. 
 


 






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8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09; 95-1005, 
2
eff. 12-12-08; revised 12-15-08.)
 
3
    Section 35. The Limited Health Service Organization Act is 
4
amended  by changing Section 4003 as follows:
 



5
    (215 ILCS 130/4003)  (from Ch. 73, par. 1504-3)



6
    Sec. 4003. Illinois Insurance Code provisions. Limited 
7
health service
organizations shall be subject to the provisions 
8
of Sections 133, 134, 137,
140, 141.1, 141.2, 141.3, 143, 143c, 
9
147, 148, 149, 151, 152, 153, 154, 154.5,
154.6, 154.7, 154.8, 
10
155.04, 155.37, 355.2, 356v, 356z.10, 356z.15, 368a, 401, 
11
401.1,
402,
403, 403A, 408,
408.2, 409, 412, 444, and 444.1 and 
12
Articles IIA, VIII 1/2, XII, XII 1/2,
XIII,
XIII 1/2, XXV, and 
13
XXVI of the Illinois Insurance Code.  For purposes of the

14
Illinois Insurance Code, except for Sections 444 and 444.1 and 
15
Articles XIII
and XIII 1/2, limited health service 
16
organizations in the following categories
are deemed to be 
17
domestic companies:


18
        (1) a corporation under the laws of this State; or


19
        (2) a corporation organized under the laws of another 
20
    state, 30% of more
of the enrollees of which are residents 
21
    of this State, except a corporation
subject to 
22
    substantially the same requirements in its state of 
23
    organization as
is a domestic company under Article VIII 
24
    1/2 of the Illinois Insurance Code.

 


 






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(Source: P.A. 95-520, eff. 8-28-07; 95-876, eff. 8-21-08.)

 
2
    Section 40. The Voluntary Health Services Plans Act is 
3
amended  by changing Section 10 as follows:
 


4
    (215 ILCS 165/10)  (from Ch. 32, par. 604)

5
    (Text of Section before amendment by P.A. 95-958)

6
    Sec. 10. Application of Insurance Code provisions. Health 
7
services
plan corporations and all persons interested therein 
8
or dealing therewith
shall be subject to the provisions of 
9
Articles IIA and XII 1/2 and Sections
3.1, 133, 140, 143, 143c, 
10
149, 155.37, 354, 355.2, 356g.5, 356r, 356t, 356u, 356v,
356w, 
11
356x, 356y, 356z.1, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 
12
356z.9,
356z.10, 356z.13
356z.11, 356z.14, 356z.15,
 364.01, 
13
367.2, 368a, 401, 401.1,
402,
403, 403A, 408,
408.2, and 412, 
14
and paragraphs (7) and (15) of Section 367 of the Illinois

15
Insurance Code.

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

 
20
    (Text of Section after amendment by P.A. 95-958)
21
    Sec. 10. Application of Insurance Code provisions. Health 
22
services
plan corporations and all persons interested therein 
23
or dealing therewith
shall be subject to the provisions of 
 


 






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Articles IIA and XII 1/2 and Sections
3.1, 133, 140, 143, 143c, 
2
149, 155.37, 354, 355.2, 356g.5, 356r, 356t, 356u, 356v,
356w, 
3
356x, 356y, 356z.1, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 
4
356z.9,
356z.10, 356z.11, 356z.12, 356z.13
356z.11, 356z.14, 
5
356z.15, 364.01, 367.2, 368a, 401, 401.1,
402,
403, 403A, 408,

6
408.2, and 412, and paragraphs (7) and (15) of Section 367 of 
7
the Illinois
Insurance Code.

8
(Source: P.A. 94-1076, eff. 12-29-06; 95-189, eff. 8-16-07; 
9
95-331, eff. 8-21-07; 95-422, eff. 8-24-07; 95-520, eff. 
10
8-28-07; 95-876, eff. 8-21-08; 95-958, eff. 6-1-09; 95-978, 
11
eff. 1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)

 
12
    Section 95. No acceleration or delay. Where this Act makes 
13
changes in a statute that is represented in this Act by text 
14
that is not yet or no longer in effect (for example, a Section 
15
represented by multiple versions), the use of that text does 
16
not accelerate or delay the taking effect of (i) the changes 
17
made by this Act or (ii) provisions derived from any other 
18
Public Act.".