093_HB0211eng

 
HB0211 Engrossed                     LRB093 04018 JLS 04057 b

 1        AN ACT concerning insurance coverage.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  3.  The  State  Employees Group Insurance Act of
 5    1971 is amended by changing Section 6.11 as follows:

 6        (5 ILCS 375/6.11)
 7        Sec. 6.11.  Required health benefits; Illinois  Insurance
 8    Code  requirements.   The  program  of  health benefits shall
 9    provide the post-mastectomy  care  benefits  required  to  be
10    covered  by  a  policy of accident and health insurance under
11    Section 356t of the Illinois Insurance Code.  The program  of
12    health  benefits  shall  provide  the coverage required under
13    Sections 356u, 356w, 356x, and  356z.2,  and  356z.4  of  the
14    Illinois  Insurance Code. The program of health benefits must
15    comply with Section 155.37 of the Illinois Insurance Code.
16    (Source: P.A. 92-440, eff. 8-17-01; 92-764, eff. 1-1-03.)

17        Section 5.  The Illinois Insurance  Code  is  amended  by
18    adding Section 356z.4 as follows:

19        (215 ILCS 5/356z.4 new)
20        Sec. 356z.4.  Coverage for contraceptives.
21        (a)  An individual or group policy of accident and health
22    insurance  amended,  delivered,  issued,  or  renewed in this
23    State after the effective date of this amendatory Act of  the
24    93rd  General  Assembly that provides coverage for outpatient
25    services and outpatient prescription drugs  or  devices  must
26    provide  coverage  for  the  insured and any dependent of the
27    insured  covered   by   the   policy   for   all   outpatient
28    contraceptive services and all outpatient contraceptive drugs
29    and  devices  approved  by  the Food and Drug Administration.



 
HB0211 Engrossed            -2-      LRB093 04018 JLS 04057 b
 1    Coverage required under  this  Section  may  not  impose  any
 2    deductible,    coinsurance,    waiting   period,   or   other
 3    cost-sharing or limitation that is greater than that required
 4    for any outpatient service or outpatient prescription drug or
 5    device otherwise covered by the policy.
 6        (b)  As used in this Section,  "outpatient  contraceptive
 7    service"  means  consultations, examinations, procedures, and
 8    medical services, provided on an outpatient basis and related
 9    to the use of contraceptive methods (including natural family
10    planning) to prevent an unintended pregnancy.

11        Section 10.  The Health Maintenance Organization  Act  is
12    amended by changing Section 5-3 as follows:

13        (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
14        Sec. 5-3.  Insurance Code provisions.
15        (a)  Health Maintenance Organizations shall be subject to
16    the  provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
17    141.3, 143, 143c, 147, 148, 149, 151, 152, 153,  154,  154.5,
18    154.6,  154.7,  154.8, 155.04, 355.2, 356m, 356v, 356w, 356x,
19    356y, 356z.2, 356z.4, 367i, 368a, 401, 401.1, 402, 403, 403A,
20    408, 408.2, 409,  412,  444,  and  444.1,  paragraph  (c)  of
21    subsection  (2)  of  Section 367, and Articles IIA, VIII 1/2,
22    XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of  the  Illinois
23    Insurance Code.
24        (b)  For  purposes of the Illinois Insurance Code, except
25    for Sections 444 and 444.1 and Articles XIII  and  XIII  1/2,
26    Health  Maintenance Organizations in the following categories
27    are deemed to be "domestic companies":
28             (1)  a  corporation  authorized  under  the   Dental
29        Service  Plan  Act or the Voluntary Health Services Plans
30        Act;
31             (2)  a corporation organized under the laws of  this
32        State; or
 
HB0211 Engrossed            -3-      LRB093 04018 JLS 04057 b
 1             (3)  a  corporation  organized  under  the  laws  of
 2        another  state, 30% or more of the enrollees of which are
 3        residents of this State, except a corporation subject  to
 4        substantially  the  same  requirements  in  its  state of
 5        organization as is a  "domestic  company"  under  Article
 6        VIII 1/2 of the Illinois Insurance Code.
 7        (c)  In  considering  the merger, consolidation, or other
 8    acquisition of control of a Health  Maintenance  Organization
 9    pursuant to Article VIII 1/2 of the Illinois Insurance Code,
10             (1)  the  Director  shall give primary consideration
11        to the continuation of  benefits  to  enrollees  and  the
12        financial  conditions  of the acquired Health Maintenance
13        Organization after the merger,  consolidation,  or  other
14        acquisition of control takes effect;
15             (2)(i)  the  criteria specified in subsection (1)(b)
16        of Section 131.8 of the Illinois Insurance Code shall not
17        apply and (ii) the Director, in making his  determination
18        with  respect  to  the  merger,  consolidation,  or other
19        acquisition of control, need not take  into  account  the
20        effect  on  competition  of the merger, consolidation, or
21        other acquisition of control;
22             (3)  the Director shall have the  power  to  require
23        the following information:
24                  (A)  certification by an independent actuary of
25             the   adequacy   of   the  reserves  of  the  Health
26             Maintenance Organization sought to be acquired;
27                  (B)  pro forma financial statements  reflecting
28             the combined balance sheets of the acquiring company
29             and the Health Maintenance Organization sought to be
30             acquired  as of the end of the preceding year and as
31             of a date 90 days prior to the acquisition, as  well
32             as   pro   forma   financial  statements  reflecting
33             projected combined  operation  for  a  period  of  2
34             years;
 
HB0211 Engrossed            -4-      LRB093 04018 JLS 04057 b
 1                  (C)  a  pro  forma  business  plan detailing an
 2             acquiring  party's  plans  with   respect   to   the
 3             operation  of  the  Health  Maintenance Organization
 4             sought to be acquired for a period of not less  than
 5             3 years; and
 6                  (D)  such  other  information  as  the Director
 7             shall require.
 8        (d)  The provisions of Article VIII 1/2 of  the  Illinois
 9    Insurance  Code  and this Section 5-3 shall apply to the sale
10    by any health maintenance organization of greater than 10% of
11    its enrollee population  (including  without  limitation  the
12    health  maintenance organization's right, title, and interest
13    in and to its health care certificates).
14        (e)  In considering any management  contract  or  service
15    agreement  subject to Section 141.1 of the Illinois Insurance
16    Code, the Director (i) shall, in  addition  to  the  criteria
17    specified  in  Section  141.2 of the Illinois Insurance Code,
18    take into account the effect of the  management  contract  or
19    service   agreement   on  the  continuation  of  benefits  to
20    enrollees  and  the  financial  condition   of   the   health
21    maintenance  organization to be managed or serviced, and (ii)
22    need not take into  account  the  effect  of  the  management
23    contract or service agreement on competition.
24        (f)  Except  for  small employer groups as defined in the
25    Small Employer Rating, Renewability  and  Portability  Health
26    Insurance  Act and except for medicare supplement policies as
27    defined in Section 363 of  the  Illinois  Insurance  Code,  a
28    Health  Maintenance Organization may by contract agree with a
29    group or other enrollment unit to effect  refunds  or  charge
30    additional premiums under the following terms and conditions:
31             (i)  the  amount  of, and other terms and conditions
32        with respect to, the refund or additional premium are set
33        forth in the group or enrollment unit contract agreed  in
34        advance of the period for which a refund is to be paid or
 
HB0211 Engrossed            -5-      LRB093 04018 JLS 04057 b
 1        additional  premium  is to be charged (which period shall
 2        not be less than one year); and
 3             (ii)  the amount of the refund or additional premium
 4        shall  not  exceed  20%   of   the   Health   Maintenance
 5        Organization's profitable or unprofitable experience with
 6        respect  to  the  group  or other enrollment unit for the
 7        period (and, for  purposes  of  a  refund  or  additional
 8        premium,  the profitable or unprofitable experience shall
 9        be calculated taking into account a pro rata share of the
10        Health  Maintenance  Organization's  administrative   and
11        marketing  expenses,  but shall not include any refund to
12        be made or additional premium to be paid pursuant to this
13        subsection (f)).  The Health Maintenance Organization and
14        the  group  or  enrollment  unit  may  agree   that   the
15        profitable  or  unprofitable experience may be calculated
16        taking into account the refund period and the immediately
17        preceding 2 plan years.
18        The  Health  Maintenance  Organization  shall  include  a
19    statement in the evidence of coverage issued to each enrollee
20    describing the possibility of a refund or additional premium,
21    and upon request of any group or enrollment unit, provide  to
22    the group or enrollment unit a description of the method used
23    to   calculate  (1)  the  Health  Maintenance  Organization's
24    profitable experience with respect to the group or enrollment
25    unit and the resulting refund to the group or enrollment unit
26    or (2) the  Health  Maintenance  Organization's  unprofitable
27    experience  with  respect to the group or enrollment unit and
28    the resulting additional premium to be paid by the  group  or
29    enrollment unit.
30        In   no  event  shall  the  Illinois  Health  Maintenance
31    Organization  Guaranty  Association  be  liable  to  pay  any
32    contractual obligation of an insolvent  organization  to  pay
33    any refund authorized under this Section.
34    (Source: P.A.  91-357,  eff.  7-29-99;  91-406,  eff. 1-1-00;
 
HB0211 Engrossed            -6-      LRB093 04018 JLS 04057 b
 1    91-549, eff. 8-14-99; 91-605,  eff.  12-14-99;  91-788,  eff.
 2    6-9-00; 92-764, eff. 1-1-03.)

 3        Section  15.   The Voluntary Health Services Plans Act is
 4    amended by changing Section 10 as follows:

 5        (215 ILCS 165/10) (from Ch. 32, par. 604)
 6        Sec.  10.  Application  of  Insurance  Code   provisions.
 7    Health  services plan corporations and all persons interested
 8    therein  or  dealing  therewith  shall  be  subject  to   the
 9    provisions of Articles IIA and XII 1/2 and Sections 3.1, 133,
10    140,  143,  143c,  149, 155.37, 354, 355.2, 356r, 356t, 356u,
11    356v, 356w, 356x, 356y, 356z.1, 356z.2, 356z.4, 367.2,  368a,
12    401,  401.1,  402,  403,  403A,  408,  408.2,  and  412,  and
13    paragraphs  (7)  and  (15)  of  Section  367  of the Illinois
14    Insurance Code.
15    (Source: P.A. 91-406,  eff.  1-1-00;  91-549,  eff.  8-14-99;
16    91-605,  eff.  12-14-99;  91-788,  eff.  6-9-00; 92-130, eff.
17    7-20-01; 92-440, eff. 8-17-01; 92-651, eff. 7-11-02;  92-764,
18    eff. 1-1-03.)