Rep. Frank J. Mautino
Filed: 3/30/2009
 
 

 




 

 		












09600HB2325ham002

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AMENDMENT TO HOUSE BILL 2325




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    AMENDMENT NO. ______. Amend House Bill 2325 as follows:


 
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on page 4, immediately below line 13, by inserting the 
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following:
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        "Unless contrary to the provisions of, or any rules 
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    promulgated pursuant to, Section 3001(a)(7) of Title III of 
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    Division B of the federal American Recovery and 
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    Reinvestment Act of 2009, with respect to employees or 
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    members involuntarily terminated between September 1, 2008 
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    and December 31, 2009, the notice requirements of this 
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    Section are not satisfied unless notice is presented to the 
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    employee or member by the insurer informing the employee or 
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    member of the availability of premium reduction with 
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    respect to such coverage under the federal American 
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    Recovery and Reinvestment Act of 2009.  Such written notice 
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    shall conform to all applicable requirements set forth in 
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    Section 3001(a)(7) of Title III of Division B of the 
 


 






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    federal American Recovery and Reinvestment Act of 2009.  The 
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    Department shall publish models for the notification that 
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    shall be provided by insurers pursuant to this paragraph."; 
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    and
 
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on page 6, immediately below line 16, by inserting the 
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following:
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        "9. An employee or member without an election of 
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    continuation of coverage pursuant to this Section in effect 
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    on the effective date of this amendatory Act of the 96th 
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    General Assembly may elect continuation pursuant to this 
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    paragraph 9 if the employee or member: (i) would be an 
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    assistance eligible individual as defined in Section 
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    3001(a)(3) of Title III of Division B of the federal 
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    American Recovery and Reinvestment Act of 2009 if such an 
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    election were in effect and (ii) at the time of termination 
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    was eligible for continuation pursuant to paragraphs 1 and 
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    2 of this Section.
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        Unless contrary to the provisions of, or any rules 
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    promulgated pursuant to, Section 3001(a)(7) of Title III of 
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    Division B of the federal American Recovery and 
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    Reinvestment Act of 2009, written notice of continuation 
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    pursuant to this paragraph 9 shall be presented to the 
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    employee or member by the insurer or mailed by the insurer 
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    to the last known address of the employee or member within 
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    30 days of the effective date of this amendatory Act of the 
 


 






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    96th General Assembly. Such written notice shall conform to 
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    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 
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    shall be provided by insurers pursuant to this paragraph 9.
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        An employee or member electing continuation of 
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    coverage under this paragraph 9 must request such 
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    continuation in writing within 60 days after the date the 
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    employee or member receives written notice of the right of 
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    continuation by the insurer.
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        Continuation of coverage elected pursuant to this 
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    paragraph 9 shall commence with the first period of 
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    coverage beginning on or after February 17, 2009, the 
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    effective date of the federal American Recovery and 
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    Reinvestment Act of 2009, and shall not extend beyond the 
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    period of continuation that would have been required if the 
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    coverage had been elected pursuant to paragraph 4 of this 
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    Section.
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        With respect to an employee or member who elects 
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    continuation of coverage under this paragraph 9, the period 
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    beginning on the date of the employee's or member's 
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    involuntary termination of employment and ending on the 
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    date of the first period of coverage on or after February 
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    17, 2009 shall be disregarded for purposes of determining 
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    the 63-day period referred to in Section 20 of the Illinois 
 


 






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    Health Insurance Portability and Accountability Act."; and
 
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on page 10, immediately below line 5, by inserting the 
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following:
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        "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 
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    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
 
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on page 12, immediately below line 6, by inserting the 
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following:
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        "(9) An employee or member without an election of 
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    continuation of coverage pursuant to this Section in effect 
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    on the effective date of this amendatory Act of the 96th 
 


 






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    General Assembly may elect continuation pursuant to this 
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    paragraph (9) if the employee or member: (i) would be an 
3
    assistance eligible individual as defined in Section 
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    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 
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    was eligible for continuation pursuant to paragraphs (1) 
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    and (2) of this Section.
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        Unless contrary to the provisions of, or any rules 
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    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 
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    last known address of the employee or member within 30 days 
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    after the effective date of this amendatory Act of the 96th 
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    General Assembly. Such written notice shall conform to all 
18
    applicable requirements set forth in Section 3001(a)(7) of 
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    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).
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        An employee or member electing continuation of 
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    coverage under this paragraph (9) must request such 
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    continuation in writing within 60 days after the date the 
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    employee or member receives written notice of the right of 
 


 






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    continuation by the HMO.
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        Continuation of coverage elected pursuant to this 
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    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 
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    coverage had been elected pursuant to paragraph (4) of this 
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    Section.
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        With respect to an employee or member who elects 
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    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 
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    date of the first period of coverage on or after February 
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    17, 2009 shall be disregarded for purposes of determining 
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    the 63-day period referred to in Section 20 of the Illinois 
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    Health Insurance Portability and Accountability Act.".