Rep. Frank J. Mautino
Filed: 3/30/2009
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1 | AMENDMENT TO HOUSE BILL 2325
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2 | AMENDMENT NO. ______. Amend House Bill 2325 as follows:
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3 | on page 4, immediately below line 13, by inserting the | ||||||
4 | following: | ||||||
5 | " Unless contrary to the provisions of, or any rules | ||||||
6 | promulgated pursuant to, Section 3001(a)(7) of Title III of | ||||||
7 | Division B of the federal American Recovery and | ||||||
8 | Reinvestment Act of 2009, with respect to employees or | ||||||
9 | members involuntarily terminated between September 1, 2008 | ||||||
10 | and December 31, 2009, the notice requirements of this | ||||||
11 | Section are not satisfied unless notice is presented to the | ||||||
12 | employee or member by the insurer informing the employee or | ||||||
13 | member of the availability of premium reduction with | ||||||
14 | respect to such coverage under the federal American | ||||||
15 | Recovery and Reinvestment Act of 2009. Such written notice | ||||||
16 | shall conform to all applicable requirements set forth in | ||||||
17 | Section 3001(a)(7) of Title III of Division B of the |
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1 | federal American Recovery and Reinvestment Act of 2009. The | ||||||
2 | Department shall publish models for the notification that | ||||||
3 | shall be provided by insurers pursuant to this paragraph. "; | ||||||
4 | and | ||||||
5 | on page 6, immediately below line 16, by inserting the | ||||||
6 | following: | ||||||
7 | " 9. An employee or member without an election of | ||||||
8 | continuation of coverage pursuant to this Section in effect | ||||||
9 | on the effective date of this amendatory Act of the 96th | ||||||
10 | General Assembly may elect continuation pursuant to this | ||||||
11 | paragraph 9 if the employee or member: (i) would be an | ||||||
12 | assistance eligible individual as defined in Section | ||||||
13 | 3001(a)(3) of Title III of Division B of the federal | ||||||
14 | American Recovery and Reinvestment Act of 2009 if such an | ||||||
15 | election were in effect and (ii) at the time of termination | ||||||
16 | was eligible for continuation pursuant to paragraphs 1 and | ||||||
17 | 2 of this Section. | ||||||
18 | Unless contrary to the provisions of, or any rules | ||||||
19 | promulgated pursuant to, Section 3001(a)(7) of Title III of | ||||||
20 | Division B of the federal American Recovery and | ||||||
21 | Reinvestment Act of 2009, written notice of continuation | ||||||
22 | pursuant to this paragraph 9 shall be presented to the | ||||||
23 | employee or member by the insurer or mailed by the insurer | ||||||
24 | to the last known address of the employee or member within | ||||||
25 | 30 days of the effective date of this amendatory Act of the |
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1 | 96th General Assembly. Such written notice shall conform to | ||||||
2 | all applicable requirements set forth in Section | ||||||
3 | 3001(a)(7) of Title III of Division B of the federal | ||||||
4 | American Recovery and Reinvestment Act of 2009. The | ||||||
5 | Department shall publish models for the notification that | ||||||
6 | shall be provided by insurers pursuant to this paragraph 9. | ||||||
7 | An employee or member electing continuation of | ||||||
8 | coverage under this paragraph 9 must request such | ||||||
9 | continuation in writing within 60 days after the date the | ||||||
10 | employee or member receives written notice of the right of | ||||||
11 | continuation by the insurer. | ||||||
12 | Continuation of coverage elected pursuant to this | ||||||
13 | paragraph 9 shall commence with the first period of | ||||||
14 | coverage beginning on or after February 17, 2009, the | ||||||
15 | effective date of the federal American Recovery and | ||||||
16 | Reinvestment Act of 2009, and shall not extend beyond the | ||||||
17 | period of continuation that would have been required if the | ||||||
18 | coverage had been elected pursuant to paragraph 4 of this | ||||||
19 | Section. | ||||||
20 | With respect to an employee or member who elects | ||||||
21 | continuation of coverage under this paragraph 9, the period | ||||||
22 | beginning on the date of the employee's or member's | ||||||
23 | involuntary termination of employment and ending on the | ||||||
24 | date of the first period of coverage on or after February | ||||||
25 | 17, 2009 shall be disregarded for purposes of determining | ||||||
26 | the 63-day period referred to in Section 20 of the Illinois |
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1 | Health Insurance Portability and Accountability Act. "; and | ||||||
2 | on page 10, immediately below line 5, by inserting the | ||||||
3 | following: | ||||||
4 | " Unless contrary to the provisions of, or any rules | ||||||
5 | promulgated pursuant to, Section 3001(a)(7) of Title III of | ||||||
6 | Division B of the federal American Recovery and | ||||||
7 | Reinvestment Act of 2009, with respect to employees or | ||||||
8 | members involuntarily terminated between September 1, 2008 | ||||||
9 | and December 31, 2009, the notice requirements of this | ||||||
10 | Section are not satisfied unless notice is presented to the | ||||||
11 | employee or member by the HMO informing the employee or | ||||||
12 | member of the availability of premium reduction with | ||||||
13 | respect to such coverage under the federal American | ||||||
14 | Recovery and Reinvestment Act of 2009. Such written notice | ||||||
15 | shall conform to all applicable requirements set forth in | ||||||
16 | Section 3001(a)(7) of Title III of Division B of the | ||||||
17 | federal American Recovery and Reinvestment Act of 2009. The | ||||||
18 | Department shall publish models for the notification that | ||||||
19 | shall be provided by HMOs pursuant to this paragraph. "; and | ||||||
20 | on page 12, immediately below line 6, by inserting the | ||||||
21 | following: | ||||||
22 | " (9) An employee or member without an election of | ||||||
23 | continuation of coverage pursuant to this Section in effect | ||||||
24 | on the effective date of this amendatory Act of the 96th |
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1 | General Assembly may elect continuation pursuant to this | ||||||
2 | paragraph (9) if the employee or member: (i) would be an | ||||||
3 | assistance eligible individual as defined in Section | ||||||
4 | 3001(a)(3) of Title III of Division B of the federal | ||||||
5 | American Recovery and Reinvestment Act of 2009 if such an | ||||||
6 | election were in effect and (ii) at the time of termination | ||||||
7 | was eligible for continuation pursuant to paragraphs (1) | ||||||
8 | and (2) of this Section. | ||||||
9 | Unless contrary to the provisions of, or any rules | ||||||
10 | promulgated pursuant to, Section 3001(a)(7) of Title III of | ||||||
11 | Division B of the federal American Recovery and | ||||||
12 | Reinvestment Act of 2009, written notice of continuation | ||||||
13 | pursuant to this paragraph (9) shall be presented to the | ||||||
14 | employee or member by the HMO or mailed by the HMO to the | ||||||
15 | last known address of the employee or member within 30 days | ||||||
16 | after the effective date of this amendatory Act of the 96th | ||||||
17 | General Assembly. Such written notice shall conform to all | ||||||
18 | applicable requirements set forth in Section 3001(a)(7) of | ||||||
19 | Title III of Division B of the federal American Recovery | ||||||
20 | and Reinvestment Act of 2009. The Department shall publish | ||||||
21 | models for the notification that shall be provided by HMOs | ||||||
22 | pursuant to this paragraph (9). | ||||||
23 | An employee or member electing continuation of | ||||||
24 | coverage under this paragraph (9) must request such | ||||||
25 | continuation in writing within 60 days after the date the | ||||||
26 | employee or member receives written notice of the right of |
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1 | continuation by the HMO. | ||||||
2 | Continuation of coverage elected pursuant to this | ||||||
3 | paragraph (9) shall commence with the first period of | ||||||
4 | coverage beginning on or after February 17, 2009, the | ||||||
5 | effective date of the federal American Recovery and | ||||||
6 | Reinvestment Act of 2009, and shall not extend beyond the | ||||||
7 | period of continuation that would have been required if the | ||||||
8 | coverage had been elected pursuant to paragraph (4) of this | ||||||
9 | Section. | ||||||
10 | With respect to an employee or member who elects | ||||||
11 | continuation of coverage under this paragraph (9), the | ||||||
12 | period beginning on the date of the employee's or member's | ||||||
13 | involuntary termination of employment and ending on the | ||||||
14 | date of the first period of coverage on or after February | ||||||
15 | 17, 2009 shall be disregarded for purposes of determining | ||||||
16 | the 63-day period referred to in Section 20 of the Illinois | ||||||
17 | Health Insurance Portability and Accountability Act. ".
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