102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5253

 

Introduced 1/31/2022, by Rep. Keith R. Wheeler

 

SYNOPSIS AS INTRODUCED:
 
215 ILCS 5/356e  from Ch. 73, par. 968e

    Amends the Illinois Insurance Code. In provisions concerning victims of certain offenses, removes language providing that any insurance carrier shall upon reasonable demand by the Department of Public Health disclose the names and identities of its insureds entitled to benefits to the Department whenever the Department has determined that it has paid, or is about to pay, hospital or medical expenses for which an insurance carrier is liable. Removes language providing that whenever the Department finds that it has paid all or part of any hospital or medical expenses which an insurance carrier is obligated to pay, the Department shall be entitled to receive reimbursement for its payments from such insurance carrier provided that the Department has notified the insurance carrier of its claims before the carrier has paid such benefits to its insureds or in behalf of its insureds.


LRB102 25486 BMS 34774 b

 

 

A BILL FOR

 

HB5253LRB102 25486 BMS 34774 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Insurance Code is amended by
5changing Section 356e as follows:
 
6    (215 ILCS 5/356e)  (from Ch. 73, par. 968e)
7    Sec. 356e. Victims of certain offenses.
8    (1) No policy of accident and health insurance, which
9provides benefits for hospital or medical expenses based upon
10the actual expenses incurred, delivered or issued for delivery
11to any person in this State shall contain any specific
12exception to coverage which would preclude the payment under
13that policy of actual expenses incurred in the examination and
14testing of a victim of an offense defined in Sections 11-1.20
15through 11-1.60 or 12-13 through 12-16 of the Criminal Code of
161961 or the Criminal Code of 2012, or an attempt to commit such
17offense to establish that sexual contact did occur or did not
18occur, and to establish the presence or absence of sexually
19transmitted disease or infection, and examination and
20treatment of injuries and trauma sustained by a victim of such
21offense arising out of the offense. Every policy of accident
22and health insurance which specifically provides benefits for
23routine physical examinations shall provide full coverage for

 

 

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1expenses incurred in the examination and testing of a victim
2of an offense defined in Sections 11-1.20 through 11-1.60 or
312-13 through 12-16 of the Criminal Code of 1961 or the
4Criminal Code of 2012, or an attempt to commit such offense as
5set forth in this Section. This Section shall not apply to a
6policy which covers hospital and medical expenses for
7specified illnesses or injuries only.
8    (2) (Blank). For purposes of enabling the recovery of
9State funds, any insurance carrier subject to this Section
10shall upon reasonable demand by the Department of Public
11Health disclose the names and identities of its insureds
12entitled to benefits under this provision to the Department of
13Public Health whenever the Department of Public Health has
14determined that it has paid, or is about to pay, hospital or
15medical expenses for which an insurance carrier is liable
16under this Section. All information received by the Department
17of Public Health under this provision shall be held on a
18confidential basis and shall not be subject to subpoena and
19shall not be made public by the Department of Public Health or
20used for any purpose other than that authorized by this
21Section.
22    (3) (Blank). Whenever the Department of Public Health
23finds that it has paid all or part of any hospital or medical
24expenses which an insurance carrier is obligated to pay under
25this Section, the Department of Public Health shall be
26entitled to receive reimbursement for its payments from such

 

 

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1insurance carrier provided that the Department of Public
2Health has notified the insurance carrier of its claims before
3the carrier has paid such benefits to its insureds or in behalf
4of its insureds.
5(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)