Rep. Will Guzzardi

Adopted in House Comm. on Nov 12, 2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 667

2    AMENDMENT NO. ______. Amend Senate Bill 667 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Findings. The General Assembly finds and
5declares that:
6        (1) Diabetes affects approximately 1,300,000 adults in
7    Illinois (12.5% of the population);
8        (2) Diabetes is the seventh leading cause of death
9    nationally and in Illinois;
10        (3) The toll on the U.S. economy has increased by more
11    than 40% since 2007, costing the country $245,000,000,000
12    in 2012;
13        (4) When someone has diabetes, the body either does not
14    make enough insulin or is unable to use its own insulin,
15    causing glucose levels to rise higher than normal in the
16    blood;
17        (5) For people with Type 1 diabetes, near-constant

 

 

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1    self-management of glucose levels is essential to prevent
2    life-threatening complications;
3        (6) From 2012 to 2016, the average price of insulin
4    increased from 13 cents per unit to 25 cents per unit;
5    therefore,
6    It is necessary for the State to enact laws to reduce the
7costs for Illinoisans with diabetes and increase their access
8to life-saving and life-sustaining insulin.
 
9    Section 5. The State Employees Group Insurance Act of 1971
10is amended by changing Section 6.11 as follows:
 
11    (5 ILCS 375/6.11)
12    Sec. 6.11. Required health benefits; Illinois Insurance
13Code requirements. The program of health benefits shall provide
14the post-mastectomy care benefits required to be covered by a
15policy of accident and health insurance under Section 356t of
16the Illinois Insurance Code. The program of health benefits
17shall provide the coverage required under Sections 356g,
18356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
19356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,
20356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, 356z.26,
21356z.29, 356z.30a, 356z.32, and 356z.33, 356z.36, and 356z.41
22of the Illinois Insurance Code. The program of health benefits
23must comply with Sections 155.22a, 155.37, 355b, 356z.19, 370c,
24and 370c.1, and Article XXXIIB of the Illinois Insurance Code.

 

 

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1The Department of Insurance shall enforce the requirements of
2this Section with respect to Sections 370c and 370c.1 of the
3Illinois Insurance Code; all other requirements of this Section
4shall be enforced by the Department of Central Management
5Services.
6    Rulemaking authority to implement Public Act 95-1045, if
7any, is conditioned on the rules being adopted in accordance
8with all provisions of the Illinois Administrative Procedure
9Act and all rules and procedures of the Joint Committee on
10Administrative Rules; any purported rule not so adopted, for
11whatever reason, is unauthorized.
12(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
13100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
141-1-19; 100-1102, eff. 1-1-19; 100-1170, eff. 6-1-19; 101-13,
15eff. 6-12-19; 101-281, eff. 1-1-20; 101-393, eff. 1-1-20;
16101-452, eff. 1-1-20; 101-461, eff. 1-1-20; revised 10-16-19.)
 
17    Section 15. The Counties Code is amended by changing
18Section 5-1069.3 as follows:
 
19    (55 ILCS 5/5-1069.3)
20    Sec. 5-1069.3. Required health benefits. If a county,
21including a home rule county, is a self-insurer for purposes of
22providing health insurance coverage for its employees, the
23coverage shall include coverage for the post-mastectomy care
24benefits required to be covered by a policy of accident and

 

 

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1health insurance under Section 356t and the coverage required
2under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,
3356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
4356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
5356z.30a, and 356z.32, and 356z.33, 356z.36, and 356z.41 of the
6Illinois Insurance Code. The coverage shall comply with
7Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
8Insurance Code. The Department of Insurance shall enforce the
9requirements of this Section. The requirement that health
10benefits be covered as provided in this Section is an exclusive
11power and function of the State and is a denial and limitation
12under Article VII, Section 6, subsection (h) of the Illinois
13Constitution. A home rule county to which this Section applies
14must comply with every provision of this Section.
15    Rulemaking authority to implement Public Act 95-1045, if
16any, is conditioned on the rules being adopted in accordance
17with all provisions of the Illinois Administrative Procedure
18Act and all rules and procedures of the Joint Committee on
19Administrative Rules; any purported rule not so adopted, for
20whatever reason, is unauthorized.
21(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
22100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
231-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
24eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20;
25revised 10-16-19.)
 

 

 

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1    Section 20. The Illinois Municipal Code is amended by
2changing Section 10-4-2.3 as follows:
 
3    (65 ILCS 5/10-4-2.3)
4    Sec. 10-4-2.3. Required health benefits. If a
5municipality, including a home rule municipality, is a
6self-insurer for purposes of providing health insurance
7coverage for its employees, the coverage shall include coverage
8for the post-mastectomy care benefits required to be covered by
9a policy of accident and health insurance under Section 356t
10and the coverage required under Sections 356g, 356g.5,
11356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10,
12356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25,
13356z.26, 356z.29, 356z.30a, and 356z.32, and 356z.33, 356z.36,
14and 356z.41 of the Illinois Insurance Code. The coverage shall
15comply with Sections 155.22a, 355b, 356z.19, and 370c of the
16Illinois Insurance Code. The Department of Insurance shall
17enforce the requirements of this Section. The requirement that
18health benefits be covered as provided in this is an exclusive
19power and function of the State and is a denial and limitation
20under Article VII, Section 6, subsection (h) of the Illinois
21Constitution. A home rule municipality to which this Section
22applies must comply with every provision of this Section.
23    Rulemaking authority to implement Public Act 95-1045, if
24any, is conditioned on the rules being adopted in accordance
25with all provisions of the Illinois Administrative Procedure

 

 

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1Act and all rules and procedures of the Joint Committee on
2Administrative Rules; any purported rule not so adopted, for
3whatever reason, is unauthorized.
4(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
5100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
61-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
7eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20;
8revised 10-16-19.)
 
9    Section 25. The School Code is amended by changing Section
1010-22.3f as follows:
 
11    (105 ILCS 5/10-22.3f)
12    Sec. 10-22.3f. Required health benefits. Insurance
13protection and benefits for employees shall provide the
14post-mastectomy care benefits required to be covered by a
15policy of accident and health insurance under Section 356t and
16the coverage required under Sections 356g, 356g.5, 356g.5-1,
17356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.11, 356z.12,
18356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
19356z.30a, and 356z.32, and 356z.33, 356z.36, and 356z.41 of the
20Illinois Insurance Code. Insurance policies shall comply with
21Section 356z.19 of the Illinois Insurance Code. The coverage
22shall comply with Sections 155.22a, 355b, and 370c of the
23Illinois Insurance Code. The Department of Insurance shall
24enforce the requirements of this Section.

 

 

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1    Rulemaking authority to implement Public Act 95-1045, if
2any, is conditioned on the rules being adopted in accordance
3with all provisions of the Illinois Administrative Procedure
4Act and all rules and procedures of the Joint Committee on
5Administrative Rules; any purported rule not so adopted, for
6whatever reason, is unauthorized.
7(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
8100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
91-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
10eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20;
11revised 10-16-19.)
 
12    Section 30. The Illinois Insurance Code is amended by
13changing Section 356w and by adding Sections 356z.41 and
14356z.42 as follows:
 
15    (215 ILCS 5/356w)
16    Sec. 356w. Diabetes self-management training and
17education.
18    (a) A group policy of accident and health insurance that is
19amended, delivered, issued, or renewed after the effective date
20of this amendatory Act of 1998 shall provide coverage for
21outpatient self-management training and education, equipment,
22and supplies, as set forth in this Section, for the treatment
23of type 1 diabetes, type 2 diabetes, and gestational diabetes
24mellitus.

 

 

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1    (b) As used in this Section:
2    "Diabetes self-management training" means instruction in
3an outpatient setting which enables a diabetic patient to
4understand the diabetic management process and daily
5management of diabetic therapy as a means of avoiding frequent
6hospitalization and complications. Diabetes self-management
7training shall include the content areas listed in the National
8Standards for Diabetes Self-Management Education Programs as
9published by the American Diabetes Association, including
10medical nutrition therapy and education programs, as defined by
11the contract of insurance, that allow the patient to maintain
12an A1c level within the range identified in nationally
13recognized standards of care.
14    "Medical nutrition therapy" shall have the meaning
15ascribed to that term in the Dietitian Nutritionist Practice
16Act.
17    "Physician" means a physician licensed to practice
18medicine in all of its branches providing care to the
19individual.
20    "Qualified provider" for an individual that is enrolled in:
21        (1) a health maintenance organization that uses a
22    primary care physician to control access to specialty care
23    means (A) the individual's primary care physician licensed
24    to practice medicine in all of its branches, (B) a
25    physician licensed to practice medicine in all of its
26    branches to whom the individual has been referred by the

 

 

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1    primary care physician, or (C) a certified, registered, or
2    licensed network health care professional with expertise
3    in diabetes management to whom the individual has been
4    referred by the primary care physician.
5        (2) an insurance plan means (A) a physician licensed to
6    practice medicine in all of its branches or (B) a
7    certified, registered, or licensed health care
8    professional with expertise in diabetes management to whom
9    the individual has been referred by a physician.
10    (c) Coverage under this Section for diabetes
11self-management training, including medical nutrition
12education, shall be limited to the following:
13        (1) Up to 3 medically necessary visits to a qualified
14    provider upon initial diagnosis of diabetes by the
15    patient's physician or, if diagnosis of diabetes was made
16    within one year prior to the effective date of this
17    amendatory Act of 1998 where the insured was a covered
18    individual, up to 3 medically necessary visits to a
19    qualified provider within one year after that effective
20    date.
21        (2) Up to 2 medically necessary visits to a qualified
22    provider upon a determination by a patient's physician that
23    a significant change in the patient's symptoms or medical
24    condition has occurred. A "significant change" in
25    condition means symptomatic hyperglycemia (greater than
26    250 mg/dl on repeated occasions), severe hypoglycemia

 

 

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1    (requiring the assistance of another person), onset or
2    progression of diabetes, or a significant change in medical
3    condition that would require a significantly different
4    treatment regimen.
5    Payment by the insurer or health maintenance organization
6for the coverage required for diabetes self-management
7training pursuant to the provisions of this Section is only
8required to be made for services provided. No coverage is
9required for additional visits beyond those specified in items
10(1) and (2) of this subsection.
11    Coverage under this subsection (c) for diabetes
12self-management training shall be subject to the same
13deductible, co-payment, and co-insurance provisions that apply
14to coverage under the policy for other services provided by the
15same type of provider.
16    (d) Coverage shall be provided for the following equipment
17when medically necessary and prescribed by a physician licensed
18to practice medicine in all of its branches. Coverage for the
19following items shall be subject to deductible, co-payment and
20co-insurance provisions provided for under the policy or a
21durable medical equipment rider to the policy:
22        (1) blood glucose monitors;
23        (2) blood glucose monitors for the legally blind;
24        (3) cartridges for the legally blind; and
25        (4) lancets and lancing devices.
26    This subsection does not apply to a group policy of

 

 

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1accident and health insurance that does not provide a durable
2medical equipment benefit.
3    (e) Coverage shall be provided for the following
4pharmaceuticals and supplies when medically necessary and
5prescribed by a physician licensed to practice medicine in all
6of its branches. Coverage for the following items shall be
7subject to the same coverage, deductible, co-payment, and
8co-insurance provisions under the policy or a drug rider to the
9policy, except as otherwise provided for under Section 356z.41:
10        (1) insulin;
11        (2) syringes and needles;
12        (3) test strips for glucose monitors;
13        (4) FDA approved oral agents used to control blood
14    sugar; and
15        (5) glucagon emergency kits.
16    This subsection does not apply to a group policy of
17accident and health insurance that does not provide a drug
18benefit.
19    (f) Coverage shall be provided for regular foot care exams
20by a physician or by a physician to whom a physician has
21referred the patient. Coverage for regular foot care exams
22shall be subject to the same deductible, co-payment, and
23co-insurance provisions that apply under the policy for other
24services provided by the same type of provider.
25    (g) If authorized by a physician, diabetes self-management
26training may be provided as a part of an office visit, group

 

 

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1setting, or home visit.
2    (h) This Section shall not apply to agreements, contracts,
3or policies that provide coverage for a specified diagnosis or
4other limited benefit coverage.
5(Source: P.A. 97-281, eff. 1-1-12; 97-1141, eff. 12-28-12.)
 
6    (215 ILCS 5/356z.41 new)
7    Sec. 356z.41. Cost sharing in prescription insulin drugs;
8limits; confidentiality of rebate information.
9    (a) As used in this Section, "prescription insulin drug"
10means a prescription drug that contains insulin and is used to
11control blood glucose levels to treat diabetes but does not
12include an insulin drug that is administered to a patient
13intravenously.
14    (b) This Section applies to a group or individual policy of
15accident and health insurance amended, delivered, issued, or
16renewed on or after the effective date of this amendatory Act
17of the 101st General Assembly.
18    (c) An insurer that provides coverage for prescription
19insulin drugs pursuant to the terms of a health coverage plan
20the insurer offers shall limit the total amount that an insured
21is required to pay for a 30-day supply of covered prescription
22insulin drugs at an amount not to exceed $100, regardless of
23the quantity or type of covered prescription insulin drug used
24to fill the insured's prescription.
25    (d) Nothing in this Section prevents an insurer from

 

 

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1reducing an insured's cost sharing by an amount greater than
2the amount specified in subsection (c).
3    (e) The Director may use any of the Director's enforcement
4powers to obtain an insurer's compliance with this Section.
5    (f) The Department may adopt rules as necessary to
6implement and administer this Section and to align it with
7federal requirements.
8    (g) On January 1 of each year, the limit on the amount that
9an insured is required to pay for a 30-day supply of a covered
10prescription insulin drug shall increase by a percentage equal
11to the percentage change from the preceding year in the medical
12care component of the Consumer Price Index of the Bureau of
13Labor Statistics of the United States Department of Labor.
 
14    (215 ILCS 5/356z.42 new)
15    Sec. 356z.42. Insulin pricing report. By November 1, 2020,
16the Department of Insurance in conjunction with the Department
17of Human Services and the Department of Healthcare and Family
18Services shall make available to the public a report that
19details each Department's findings for the following:
20    (1) a summary of insulin pricing practices and variables
21that contribute to pricing of health coverage plans;
22    (2) public policy recommendations to control and prevent
23overpricing of prescription insulin drugs made available to
24Illinois consumers; and
25    (3) any other information the Department finds necessary.

 

 

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1    This Section is repealed December 31, 2020.
 
2    Section 35. The Health Maintenance Organization Act is
3amended by changing Section 5-3 as follows:
 
4    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)
5    Sec. 5-3. Insurance Code provisions.
6    (a) Health Maintenance Organizations shall be subject to
7the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
8141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
9154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,
10355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4,
11356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
12356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19,
13356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30,
14356z.30a, 356z.32, 356z.33, 356z.35, 356z.36, 356z.41, 364,
15364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, 368e,
16370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412,
17444, and 444.1, paragraph (c) of subsection (2) of Section 367,
18and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV,
19XXVI, and XXXIIB of the Illinois Insurance Code.
20    (b) For purposes of the Illinois Insurance Code, except for
21Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
22Maintenance Organizations in the following categories are
23deemed to be "domestic companies":
24        (1) a corporation authorized under the Dental Service

 

 

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1    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
11acquisition of control of a Health Maintenance Organization
12pursuant 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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1            (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
18Insurance Code and this Section 5-3 shall apply to the sale by
19any health maintenance organization of greater than 10% of its
20enrollee population (including without limitation the health
21maintenance organization's right, title, and interest in and to
22its health care certificates).
23    (e) In considering any management contract or service
24agreement subject to Section 141.1 of the Illinois Insurance
25Code, the Director (i) shall, in addition to the criteria
26specified in Section 141.2 of the Illinois Insurance Code, take

 

 

10100SB0667ham001- 17 -LRB101 04428 BMS 64618 a

1into account the effect of the management contract or service
2agreement on the continuation of benefits to enrollees and the
3financial condition of the health maintenance organization to
4be managed or serviced, and (ii) need not take into account the
5effect of the management contract or service agreement on
6competition.
7    (f) Except for small employer groups as defined in the
8Small Employer Rating, Renewability and Portability Health
9Insurance Act and except for medicare supplement policies as
10defined in Section 363 of the Illinois Insurance Code, a Health
11Maintenance Organization may by contract agree with a group or
12other enrollment unit to effect refunds or charge additional
13premiums 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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1    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
10statement in the evidence of coverage issued to each enrollee
11describing the possibility of a refund or additional premium,
12and upon request of any group or enrollment unit, provide to
13the group or enrollment unit a description of the method used
14to calculate (1) the Health Maintenance Organization's
15profitable experience with respect to the group or enrollment
16unit and the resulting refund to the group or enrollment unit
17or (2) the Health Maintenance Organization's unprofitable
18experience with respect to the group or enrollment unit and the
19resulting additional premium to be paid by the group or
20enrollment unit.
21    In no event shall the Illinois Health Maintenance
22Organization Guaranty Association be liable to pay any
23contractual obligation of an insolvent organization to pay any
24refund authorized under this Section.
25    (g) Rulemaking authority to implement Public Act 95-1045,
26if any, is conditioned on the rules being adopted in accordance

 

 

10100SB0667ham001- 19 -LRB101 04428 BMS 64618 a

1with all provisions of the Illinois Administrative Procedure
2Act and all rules and procedures of the Joint Committee on
3Administrative Rules; any purported rule not so adopted, for
4whatever reason, is unauthorized.
5(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
6100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.
71-1-19; 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19; 101-81,
8eff. 7-12-19; 101-281, eff. 1-1-20; 101-371, eff. 1-1-20;
9101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
101-1-20; revised 10-16-19.)
 
11    Section 40. The Limited Health Service Organization Act is
12amended by changing Section 4003 as follows:
 
13    (215 ILCS 130/4003)  (from Ch. 73, par. 1504-3)
14    Sec. 4003. Illinois Insurance Code provisions. Limited
15health service organizations shall be subject to the provisions
16of Sections 133, 134, 136, 137, 139, 140, 141.1, 141.2, 141.3,
17143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6,
18154.7, 154.8, 155.04, 155.37, 355.2, 355.3, 355b, 356v,
19356z.10, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29,
20356z.30a, 356z.32, 356z.33, 356z.41, 368a, 401, 401.1, 402,
21403, 403A, 408, 408.2, 409, 412, 444, and 444.1 and Articles
22IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of
23the Illinois Insurance Code. For purposes of the Illinois
24Insurance Code, except for Sections 444 and 444.1 and Articles

 

 

10100SB0667ham001- 20 -LRB101 04428 BMS 64618 a

1XIII and XIII 1/2, limited health service organizations in the
2following categories are deemed to be domestic companies:
3        (1) a corporation under the laws of this State; or
4        (2) 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(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
11100-201, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1057, eff.
121-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
13eff. 1-1-20; 101-393, eff. 1-1-20; revised 10-16-19.)
 
14    Section 45. The Voluntary Health Services Plans Act is
15amended by changing Section 10 as follows:
 
16    (215 ILCS 165/10)  (from Ch. 32, par. 604)
17    Sec. 10. Application of Insurance Code provisions. Health
18services plan corporations and all persons interested therein
19or dealing therewith shall be subject to the provisions of
20Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
21143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g,
22356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x, 356y,
23356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8,
24356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,

 

 

10100SB0667ham001- 21 -LRB101 04428 BMS 64618 a

1356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29,
2356z.30, 356z.30a, 356z.32, 356z.33, 356z.41, 364.01, 367.2,
3368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and
4paragraphs (7) and (15) of Section 367 of the Illinois
5Insurance Code.
6    Rulemaking authority to implement Public Act 95-1045, if
7any, is conditioned on the rules being adopted in accordance
8with all provisions of the Illinois Administrative Procedure
9Act and all rules and procedures of the Joint Committee on
10Administrative Rules; any purported rule not so adopted, for
11whatever reason, is unauthorized.
12(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
13100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.
141-1-19; 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19; 101-81,
15eff. 7-12-19; 101-281, eff. 1-1-20; 101-393, eff. 1-1-20;
16revised 10-16-19.)
 
17    Section 99. Effective date. This Act takes effect January
181, 2021, except that Section 356z.42 and this Section take
19effect upon becoming law.".