093_SB0475

 
                                     LRB093 05172 JLS 05232 b

 1        AN ACT concerning insurance.

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

 4        Section 5.  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  10.  The  Counties  Code  is amended by changing
18    Section 5-1069.3 as follows:

19        (55 ILCS 5/5-1069.3)
20        Sec. 5-1069.3.  Required health benefits.  If  a  county,
21    including  a home rule county, is a self-insurer for purposes
22    of providing health insurance coverage for its employees, the
23    coverage shall include coverage for the post-mastectomy  care
24    benefits  required  to be covered by a policy of accident and
25    health insurance under Section 356t and the coverage required
26    under Sections 356u,  356w,  and  356x,  and  356z.4  of  the
27    Illinois   Insurance   Code.   The  requirement  that  health
28    benefits be  covered  as  provided  in  this  Section  is  an
29    exclusive power and function of the State and is a denial and

 
                            -2-      LRB093 05172 JLS 05232 b
 1    limitation  under  Article  VII, Section 6, subsection (h) of
 2    the Illinois Constitution.  A home rule county to which  this
 3    Section  applies  must  comply  with  every provision of this
 4    Section.
 5    (Source: P.A. 90-7, eff. 6-10-97; 90-741, eff. 1-1-99.)

 6        Section 15.  The Illinois Municipal Code  is  amended  by
 7    changing Section 10-4-2.3 as follows:

 8        (65 ILCS 5/10-4-2.3)
 9        Sec.   10-4-2.3.    Required   health   benefits.   If  a
10    municipality,  including  a  home  rule  municipality,  is  a
11    self-insurer  for  purposes  of  providing  health  insurance
12    coverage  for  its  employees,  the  coverage  shall  include
13    coverage for the post-mastectomy care benefits required to be
14    covered by a policy of accident and  health  insurance  under
15    Section  356t  and the coverage required under Sections 356u,
16    356w, and 356x, and 356z.4 of the  Illinois  Insurance  Code.
17    The  requirement  that health benefits be covered as provided
18    in this is an exclusive power and function of the  State  and
19    is  a  denial  and  limitation  under Article VII, Section 6,
20    subsection (h) of the Illinois  Constitution.   A  home  rule
21    municipality  to  which this Section applies must comply with
22    every provision of this Section.
23    (Source: P.A. 90-7, eff. 6-10-97; 90-741, eff. 1-1-99.)

24        Section 20.  The  School  Code  is  amended  by  changing
25    Section 10-22.3f as follows:

26        (105 ILCS 5/10-22.3f)
27        Sec.   10-22.3f.  Required  health  benefits.   Insurance
28    protection and  benefits  for  employees  shall  provide  the
29    post-mastectomy  care  benefits  required  to be covered by a
30    policy of accident and health insurance  under  Section  356t
 
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 1    and  the  coverage  required  under  Sections 356u, 356w, and
 2    356x, and 356z.4 of the Illinois Insurance Code.
 3    (Source: P.A. 90-7, eff. 6-10-97; 90-741, eff. 1-1-99.)

 4        Section 25.  The Illinois Insurance Code  is  amended  by
 5    adding Section 356z.4 as follows:

 6        (215 ILCS 5/356z.4 new)
 7        Sec.  356z.4.  Clinical  cancer  trials;  routine patient
 8    care costs.
 9        (a)  For the purposes  of  this  Section,  the  following
10    terms have the following meanings:
11             (1)  "Clinical  or principal investigator" means the
12        person managing the clinical trial.
13             (2)  "Life threatening disease or condition" means a
14        disease or condition, which includes, but is not  limited
15        to,  breast  cancer,  prostate  cancer,  and leukemia, in
16        which either or both of the following is applicable:
17                  (A)  The likelihood of death is high unless the
18             course of the disease or condition is interrupted.
19                  (B)  The outcome is potentially fatal  and  the
20             purpose of clinical intervention is survival.
21             (3)  "Routine  patient  care  costs" means the costs
22        associated with the provision of items and services  that
23        would  otherwise  be  covered  under  the policy if those
24        items and services were not provided in  connection  with
25        an  approved clinical trial program. For purposes of this
26        Section, "routine patient care costs"  does  not  include
27        the  costs  associated  with  the provision of any of the
28        following:
29                  (A)  The cost of  an  investigational  drug  or
30             device.
31                  (B)  The  cost  of  services  other than health
32             care services that  an  insured  may  require  as  a
 
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 1             result  of the treatment being provided for purposes
 2             of the clinical trial.
 3                  (C)  The costs  associated  with  managing  the
 4             research associated with the clinical trial.
 5                  (D)  The  costs that would not be covered under
 6             the insured's coverage with  respect  to  a  medical
 7             procedure not involving a clinical trial.
 8        (b)  A  group or individual policy of accident and health
 9    insurance that is amended, delivered, issued, or  renewed  in
10    this State on and after the effective date of this amendatory
11    Act  of  the  93rd General Assembly must provide coverage for
12    routine patient care costs for an insured for treatment in  a
13    Phase  II  through  Phase  III  clinical trial that meets the
14    requirements  of  this  Section,  if  all  of  the  following
15    conditions are met:
16             (1)  the  treatment  is   being   provided   for   a
17        life-threatening  disease or  condition;
18             (2)  the      insured's     physician     recommends
19        participation in the clinical trial; and
20             (3)  the  insured's  physician  certifies  that  the
21        clinical trial is likely to be more  beneficial  for  the
22        insured than any available standard therapy.
23        (c)  The  treatment shall be provided in a clinical trial
24    approved by one of the following:
25             (1)  One of the National Institutes of Health.
26             (2)  The federal Food and  Drug  Administration,  in
27        the form of an investigational new drug application.
28             (3)  The Department of Defense.
29        (d)  In  the  case of routine patient care costs provided
30    by a participating provider, the payment rate shall be at the
31    agreed upon rate. In the case of a nonparticipating provider,
32    the payment rate shall be at the rate the insurer  would  pay
33    to  a participating provider for comparable services. Nothing
34    in this Section shall be construed  to  prohibit  an  insurer
 
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 1    from    restricting   coverage   for   clinical   trials   to
 2    participating hospitals and physicians in Illinois unless the
 3    protocol for the clinical trial is not  provided  for  at  an
 4    Illinois hospital or by an Illinois physician.
 5        (e)  The   clinical  or  principal  investigator  seeking
 6    coverage on behalf of an insured for treatment in a  clinical
 7    trial   approved   pursuant  to  subsection  (c)  shall  post
 8    electronically on the National  Cancer  Institute's  national
 9    physician data query data base a current list of the clinical
10    trials  for which he or she is seeking coverage and that meet
11    the requirements of subsection (b).
12        This information shall also be provided to the  insured's
13    insurer.
14        The  list  shall include, for each clinical trial, all of
15    the following:
16             (1)  The name of the trial.
17             (2)  The phase of the trial.
18             (3)  The disease being treated by the trial.
19             (4)  The method by which further  information  about
20        the trial may be obtained.
21        (f)  On  or  before June 1 of each year, an insurer shall
22    submit a report to the Director, in a form  required  by  the
23    Director, that describes the clinical trials that the insurer
24    covered  with  respect  to  an  insured.  The  Director shall
25    compile an annual  summary  report.  A  copy  of  the  annual
26    summary  report  shall be provided to the Governor and to the
27    General Assembly.

28        Section 30.  The Health Maintenance Organization  Act  is
29    amended by changing Section 5-3 as follows:

30        (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
31        Sec. 5-3.  Insurance Code provisions.
32        (a)  Health Maintenance Organizations shall be subject to
 
                            -6-      LRB093 05172 JLS 05232 b
 1    the  provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
 2    141.3, 143, 143c, 147, 148, 149, 151, 152, 153,  154,  154.5,
 3    154.6,  154.7,  154.8, 155.04, 355.2, 356m, 356v, 356w, 356x,
 4    356y, 356z.2, 356z.4, 367i, 368a, 401, 401.1, 402, 403, 403A,
 5    408, 408.2, 409,  412,  444,  and  444.1,  paragraph  (c)  of
 6    subsection  (2)  of  Section 367, and Articles IIA, VIII 1/2,
 7    XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of  the  Illinois
 8    Insurance Code.
 9        (b)  For  purposes of the Illinois Insurance Code, except
10    for Sections 444 and 444.1 and Articles XIII  and  XIII  1/2,
11    Health  Maintenance Organizations in the following categories
12    are deemed to be "domestic companies":
13             (1)  a  corporation  authorized  under  the   Dental
14        Service  Plan  Act or the Voluntary Health Services Plans
15        Act;
16             (2)  a corporation organized under the laws of  this
17        State; or
18             (3)  a  corporation  organized  under  the  laws  of
19        another  state, 30% or more of the enrollees of which are
20        residents of this State, except a corporation subject  to
21        substantially  the  same  requirements  in  its  state of
22        organization as is a  "domestic  company"  under  Article
23        VIII 1/2 of the Illinois Insurance Code.
24        (c)  In  considering  the merger, consolidation, or other
25    acquisition of control of a Health  Maintenance  Organization
26    pursuant to Article VIII 1/2 of the Illinois Insurance Code,
27             (1)  the  Director  shall give primary consideration
28        to the continuation of  benefits  to  enrollees  and  the
29        financial  conditions  of the acquired Health Maintenance
30        Organization after the merger,  consolidation,  or  other
31        acquisition of control takes effect;
32             (2)(i)  the  criteria specified in subsection (1)(b)
33        of Section 131.8 of the Illinois Insurance Code shall not
34        apply and (ii) the Director, in making his  determination
 
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 1        with  respect  to  the  merger,  consolidation,  or other
 2        acquisition of control, need not take  into  account  the
 3        effect  on  competition  of the merger, consolidation, or
 4        other acquisition of control;
 5             (3)  the Director shall have the  power  to  require
 6        the following information:
 7                  (A)  certification by an independent actuary of
 8             the   adequacy   of   the  reserves  of  the  Health
 9             Maintenance Organization sought to be acquired;
10                  (B)  pro forma financial statements  reflecting
11             the combined balance sheets of the acquiring company
12             and the Health Maintenance Organization sought to be
13             acquired  as of the end of the preceding year and as
14             of a date 90 days prior to the acquisition, as  well
15             as   pro   forma   financial  statements  reflecting
16             projected combined  operation  for  a  period  of  2
17             years;
18                  (C)  a  pro  forma  business  plan detailing an
19             acquiring  party's  plans  with   respect   to   the
20             operation  of  the  Health  Maintenance Organization
21             sought to be acquired for a period of not less  than
22             3 years; and
23                  (D)  such  other  information  as  the Director
24             shall require.
25        (d)  The provisions of Article VIII 1/2 of  the  Illinois
26    Insurance  Code  and this Section 5-3 shall apply to the sale
27    by any health maintenance organization of greater than 10% of
28    its enrollee population  (including  without  limitation  the
29    health  maintenance organization's right, title, and interest
30    in and to its health care certificates).
31        (e)  In considering any management  contract  or  service
32    agreement  subject to Section 141.1 of the Illinois Insurance
33    Code, the Director (i) shall, in  addition  to  the  criteria
34    specified  in  Section  141.2 of the Illinois Insurance Code,
 
                            -8-      LRB093 05172 JLS 05232 b
 1    take into account the effect of the  management  contract  or
 2    service   agreement   on  the  continuation  of  benefits  to
 3    enrollees  and  the  financial  condition   of   the   health
 4    maintenance  organization to be managed or serviced, and (ii)
 5    need not take into  account  the  effect  of  the  management
 6    contract or service agreement on competition.
 7        (f)  Except  for  small employer groups as defined in the
 8    Small Employer Rating, Renewability  and  Portability  Health
 9    Insurance  Act and except for medicare supplement policies as
10    defined in Section 363 of  the  Illinois  Insurance  Code,  a
11    Health  Maintenance Organization may by contract agree with a
12    group or other enrollment unit to effect  refunds  or  charge
13    additional premiums under the following terms and conditions:
14             (i)  the  amount  of, and other terms and conditions
15        with respect to, the refund or additional premium are set
16        forth in the group or enrollment unit contract agreed  in
17        advance of the period for which a refund is to be paid or
18        additional  premium  is to be charged (which period shall
19        not 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
27        Health  Maintenance  Organization's  administrative   and
28        marketing  expenses,  but shall not include any refund to
29        be made or additional premium to be paid pursuant to this
30        subsection (f)).  The Health Maintenance Organization and
31        the  group  or  enrollment  unit  may  agree   that   the
32        profitable  or  unprofitable experience may be calculated
33        taking into account the refund period and the immediately
34        preceding 2 plan years.
 
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 1        The  Health  Maintenance  Organization  shall  include  a
 2    statement in the evidence of coverage issued to each enrollee
 3    describing the possibility of a refund or additional premium,
 4    and upon request of any group or enrollment unit, provide  to
 5    the group or enrollment unit a description of the method used
 6    to   calculate  (1)  the  Health  Maintenance  Organization's
 7    profitable experience with respect to the group or enrollment
 8    unit and the resulting refund to the group or enrollment unit
 9    or (2) the  Health  Maintenance  Organization's  unprofitable
10    experience  with  respect to the group or enrollment unit and
11    the resulting additional premium to be paid by the  group  or
12    enrollment unit.
13        In   no  event  shall  the  Illinois  Health  Maintenance
14    Organization  Guaranty  Association  be  liable  to  pay  any
15    contractual obligation of an insolvent  organization  to  pay
16    any refund authorized under this Section.
17    (Source: P.A.  91-357,  eff.  7-29-99;  91-406,  eff. 1-1-00;
18    91-549, eff. 8-14-99; 91-605,  eff.  12-14-99;  91-788,  eff.
19    6-9-00; 92-764, eff. 1-1-03.)

20        Section  35.  The  Voluntary Health Services Plans Act is
21    amended by changing Section 10 as follows:

22        (215 ILCS 165/10) (from Ch. 32, par. 604)
23        Sec.  10.  Application  of  Insurance  Code   provisions.
24    Health  services plan corporations and all persons interested
25    therein  or  dealing  therewith  shall  be  subject  to   the
26    provisions of Articles IIA and XII 1/2 and Sections 3.1, 133,
27    140,  143,  143c,  149, 155.37, 354, 355.2, 356r, 356t, 356u,
28    356v, 356w, 356x, 356y, 356z.1, 356z.2, 356z.4, 367.2,  368a,
29    401,  401.1,  402,  403,  403A,  408,  408.2,  and  412,  and
30    paragraphs  (7)  and  (15)  of  Section  367  of the Illinois
31    Insurance Code.
32    (Source: P.A. 91-406,  eff.  1-1-00;  91-549,  eff.  8-14-99;
 
                            -10-     LRB093 05172 JLS 05232 b
 1    91-605,  eff.  12-14-99;  91-788,  eff.  6-9-00; 92-130, eff.
 2    7-20-01; 92-440, eff. 8-17-01; 92-651, eff. 7-11-02;  92-764,
 3    eff. 1-1-03.)