Sen. Don Harmon

Filed: 3/15/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2366

2    AMENDMENT NO. ______. Amend Senate Bill 2366 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Employees Group Insurance Act of 1971
5is amended by changing Section 6.11 as follows:
 
6    (5 ILCS 375/6.11)
7    Sec. 6.11. Required health benefits; Illinois Insurance
8Code requirements. The program of health benefits shall provide
9the post-mastectomy care benefits required to be covered by a
10policy of accident and health insurance under Section 356t of
11the Illinois Insurance Code. The program of health benefits
12shall provide the coverage required under Sections 356g,
13356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
14356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
15356z.14, 356z.15, and 356z.17, and 356z.22 and 356z.19 of the
16Illinois Insurance Code. The program of health benefits must

 

 

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1comply with Sections 155.22a, 155.37, and 356z.19 of the
2Illinois Insurance Code.
3    Rulemaking authority to implement Public Act 95-1045, if
4any, is conditioned on the rules being adopted in accordance
5with all provisions of the Illinois Administrative Procedure
6Act and all rules and procedures of the Joint Committee on
7Administrative Rules; any purported rule not so adopted, for
8whatever reason, is unauthorized.
9(Source: P.A. 96-139, eff. 1-1-10; 96-328, eff. 8-11-09;
1096-639, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-282, eff. 8-9-11;
1197-343, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
12    Section 10. The Counties Code is amended by changing
13Section 5-1069.3 as follows:
 
14    (55 ILCS 5/5-1069.3)
15    Sec. 5-1069.3. Required health benefits. If a county,
16including a home rule county, is a self-insurer for purposes of
17providing health insurance coverage for its employees, the
18coverage shall include coverage for the post-mastectomy care
19benefits required to be covered by a policy of accident and
20health insurance under Section 356t and the coverage required
21under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,
22356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
23356z.14, and 356z.15, and 356z.22 of the Illinois Insurance
24Code. The coverage shall comply with Sections 155.22a and

 

 

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1356z.19 of the Illinois Insurance Code. The requirement that
2health benefits be covered as provided in this Section is an
3exclusive power and function of the State and is a denial and
4limitation under Article VII, Section 6, subsection (h) of the
5Illinois Constitution. A home rule county to which this Section
6applies must comply with every provision of this Section.
7    Rulemaking authority to implement Public Act 95-1045, if
8any, is conditioned on the rules being adopted in accordance
9with all provisions of the Illinois Administrative Procedure
10Act and all rules and procedures of the Joint Committee on
11Administrative Rules; any purported rule not so adopted, for
12whatever reason, is unauthorized.
13(Source: P.A. 96-139, eff. 1-1-10; 96-328, eff. 8-11-09;
1496-1000, eff. 7-2-10; 97-282, eff. 8-9-11; 97-343, eff. 1-1-12;
1597-813, eff. 7-13-12.)
 
16    Section 15. The Illinois Municipal Code is amended by
17changing Section 10-4-2.3 as follows:
 
18    (65 ILCS 5/10-4-2.3)
19    Sec. 10-4-2.3. Required health benefits. If a
20municipality, including a home rule municipality, is a
21self-insurer for purposes of providing health insurance
22coverage for its employees, the coverage shall include coverage
23for the post-mastectomy care benefits required to be covered by
24a policy of accident and health insurance under Section 356t

 

 

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1and the coverage required under Sections 356g, 356g.5,
2356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10,
3356z.11, 356z.12, 356z.13, 356z.14, and 356z.15, and 356z.22 of
4the Illinois Insurance Code. The coverage shall comply with
5Sections 155.22a and 356z.19 of the Illinois Insurance Code.
6The requirement that health benefits be covered as provided in
7this is an exclusive power and function of the State and is a
8denial and limitation under Article VII, Section 6, subsection
9(h) of the Illinois Constitution. A home rule municipality to
10which this Section applies must comply with every provision of
11this Section.
12    Rulemaking authority to implement Public Act 95-1045, if
13any, is conditioned on the rules being adopted in accordance
14with all provisions of the Illinois Administrative Procedure
15Act and all rules and procedures of the Joint Committee on
16Administrative Rules; any purported rule not so adopted, for
17whatever reason, is unauthorized.
18(Source: P.A. 96-139, eff. 1-1-10; 96-328, eff. 8-11-09;
1996-1000, eff. 7-2-10; 97-282, eff. 8-9-11; 97-343, eff. 1-1-12;
2097-813, eff. 7-13-12.)
 
21    Section 20. The School Code is amended by changing Section
2210-22.3f as follows:
 
23    (105 ILCS 5/10-22.3f)
24    Sec. 10-22.3f. Required health benefits. Insurance

 

 

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1protection and benefits for employees shall provide the
2post-mastectomy care benefits required to be covered by a
3policy of accident and health insurance under Section 356t and
4the coverage required under Sections 356g, 356g.5, 356g.5-1,
5356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.11, 356z.12,
6356z.13, 356z.14, and 356z.15, and 356z.22 of the Illinois
7Insurance Code. Insurance policies shall comply with Section
8356z.19 of the Illinois Insurance Code. The coverage shall
9comply with Section 155.22a of the Illinois Insurance Code.
10    Rulemaking authority to implement Public Act 95-1045, if
11any, is conditioned on the rules being adopted in accordance
12with all provisions of the Illinois Administrative Procedure
13Act and all rules and procedures of the Joint Committee on
14Administrative Rules; any purported rule not so adopted, for
15whatever reason, is unauthorized.
16(Source: P.A. 96-139, eff. 1-1-10; 96-328, eff. 8-11-09;
1796-1000, eff. 7-2-10; 97-282, eff. 8-9-11; 97-343, eff. 1-1-12;
1897-813, eff. 7-13-12.)
 
19    Section 25. The Illinois Insurance Code is amended by
20adding Section 356z.22 as follows:
 
21    (215 ILCS 5/356z.22 new)
22    Sec. 356z.22. Telehealth.
23    (a) The General Assembly finds and declares the following:
24         (1) Lack of primary care providers, specialty

 

 

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1    providers, and transportation continue to be significant
2    barriers to access to health services in medically
3    underserved rural and urban areas.
4        (2) Parts of Illinois have difficulty attracting and
5    retaining health professionals, as well as supporting
6    local health facilities to provide a continuum of health
7    care.
8        (3) Individuals in rural areas are much less likely to
9    have access to the specialty health services they need, due
10    to major distance and time barriers, transportation
11    limitations, or mobility limitations, all of which lead to
12    disparities in access to care.
13        (4) Hospital emergency rooms have become the default
14    provider of health care to patients with acute crises and
15    for whom no appropriate alternatives are available, and the
16    majority of emergency rooms do not have reliable, ready
17    consultative access to psychiatrists or other medical
18    specialties.
19        (5) Telehealth has been shown to be an effective medium
20    through which to deliver physical health and mental health
21    care.
22        (6) Key findings from the Illinois Rural Health
23    Association's Mental Health Access Forum Report recommend
24    the increased use of telehealth and technology to improve
25    access to care, increase training opportunities, and
26    evaluate quality of care.

 

 

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1        (7) The State of Illinois has already recognized, and
2    currently reimburses providers for, telepsychiatry
3    services to patients receiving State public aid.
4        (8) Telehealth is a mode of delivering health care
5    services of a personal, family, and public health nature
6    through utilizing information and communication
7    technologies to enable the examination, diagnosis,
8    consultation, treatment, education, care management, and
9    self-management of patients at a distance from health care
10    providers.
11        (9) The use of information and telecommunication
12    technologies to deliver health services has the potential
13    to reduce costs, improve quality, change the conditions of
14    practice, and improve access to health care, particularly
15    in rural and other medically underserved areas, as well as
16    in emergency rooms in large urban areas where the wait for
17    specialty care can be lengthy.
18        (10) Telehealth will assist in maintaining or
19    improving the physical and economic health of medically
20    underserved communities by keeping the source of medical
21    care in the local area by assisting primary care
22    physicians, strengthening the health infrastructure, and
23    preserving health care-related jobs.
24        (11) Consumers of health care will benefit from
25    telehealth in many ways, including expanded access to
26    providers, faster and more convenient treatment, better

 

 

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1    continuity of care, reduction of lost work time and travel
2    costs, and the ability to remain with support networks.
3        (12) It is the intent of the General Assembly that the
4    fundamental health care provider-patient relationship not
5    only be preserved, but also be augmented and enhanced,
6    through the use of telehealth as a tool to be integrated
7    into practices.
8        (13) Without the assurance of payment and the
9    resolution of legal and policy barriers, the full potential
10    of telehealth will not be realized.
11    The purpose of this Section is to require certain insurers,
12nonprofit health service plans, managed care organizations,
13and health maintenance organizations to provide coverage for
14health care services delivered through telehealth in a certain
15manner; prohibit certain insurers, nonprofit health service
16plans, health maintenance organizations and managed care
17organizations from excluding a health care service from
18coverage solely because it is delivered by telehealth and not
19in another manner; require certain insurers, nonprofit health
20service plans, and health maintenance organizations to
21reimburse health care providers for certain services under
22certain circumstances; authorize the imposition of a
23deductible, copayment, coinsurance amount, or annual dollar
24maximum for certain services; prohibit the imposition of a
25lifetime dollar maximum for certain services; prohibit a health
26insurance policy or contract from distinguishing between

 

 

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1patients in rural or urban locations in providing certain
2coverage; and provide for the application of this Code.
3    (b) For the purposes of this Section:
4    "Asynchronous store and forward" means the transmission of
5a patient's medical information from an originating site to the
6health care provider at a distant site without the presence of
7the patient.
8    "Distant site" means the location at which the provider
9rendering the service is located.
10    "Facility fee" means the reimbursement made to the
11following originating sites for the telehealth service:
12physician's office, local health departments, community mental
13health centers, outpatient hospitals, and substance abuse
14treatment centers licensed by the Division of Alcoholism and
15Substance Abuse of the Department of Human Services.
16    "Interactive telecommunications system" means multimedia
17communications equipment that includes, at a minimum, audio and
18video equipment permitting 2-way, real-time interactive
19communication between the patient and the distant site
20provider. Telephones, facsimile machines, and electronic mail
21systems do not meet the definition of "interactive
22telecommunications system".
23    "Originating site" means the location at which the
24participant receiving the service is located, including, but
25not limited to, hospitals, rural health clinics, Federally
26Qualified Health Centers, and other health care professionals

 

 

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1and providers.
2    "Physician" means a physician licensed to practice
3medicine in all its branches.
4    "Synchronous interaction" means a real-time interaction
5between a patient at an originating site and a health care
6provider located at a distant site.
7    "Telecommunication system" means an asynchronous store and
8forward technology or an interactive telecommunications
9system, or both, that is used to transmit data between the
10originating and distant sites.
11     "Telehealth" means (1) the provision of services and the
12mode of delivering health care services and public health via
13information and communication technologies to facilitate the
14examination, diagnosis, consultation, treatment, education,
15care management, and self-management of a patient's health care
16while the patient is at the originating site and the health
17care provider is at a distant site; telehealth facilitates
18patient self-management and caregiver support for patients and
19includes synchronous interactions and asynchronous store and
20forward transfers and (2) as it relates to the delivery of
21health care, mental health care, and public health services,
22the use of interactive audio, video, or other
23telecommunications or electronic technology by a licensed
24health care provider to deliver a health care service within
25the scope of practice of the health care provider from the
26distant site to the originating site at which the patient is

 

 

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1located; telehealth is the provision of services via
2information and communication technologies to facilitate the
3diagnosis, consultation, treatment, education, care
4management, and self-management of a patient's health care
5while the patient is at the originating site and the health
6care provider is at a distant site; telehealth facilitates
7patient self-management and caregiver support for patients and
8includes synchronous interactions and asynchronous store and
9forward transfers. "Telehealth" does not include:
10        (A) an audio-only telephone conversation between a
11    health care provider and a patient;
12        (B) an electronic mail message between a health care
13    provider and a patient; or
14        (C) a facsimile transmission between a health care
15    provider and a patient.
16    "Teleophthalmology and teledermatology by store and
17forward" means an asynchronous transmission of medical
18information to be reviewed at a later time by a physician at a
19distant site who is trained in ophthalmology or dermatology or,
20for teleophthalmology, by an optometrist who is licensed
21pursuant to the Illinois Optometric Practice Act of 1987 where
22the physician or optometrist at the distant site reviews the
23medical information without the patient being present in real
24time.
25    (c) This Section applies to:
26        (1) insurers and nonprofit health service plans that

 

 

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1    provide hospital, medical, mental health, or surgical
2    benefits to individuals or groups on an expense-incurred
3    basis under health insurance policies or contracts that are
4    issued or delivered in this State; and
5        (2) health maintenance organizations that provide
6    hospital, medical, mental health, or surgical benefits to
7    individuals or groups under contracts that are issued or
8    delivered in this State.
9    This Section shall not be construed to alter the scope of
10practice of any health care provider or authorize the delivery
11of health care services in a setting or in a manner not
12otherwise authorized by law. All laws regarding the
13confidentiality of health care information and a patient's
14rights to his or her medical information shall apply to
15telehealth interactions. This Section applies to a group or
16individual policy of accident and health insurance or managed
17care plan amended, delivered, issued, or renewed after the
18effective date of this amendatory Act of the 98th General
19Assembly.
20    (d) An entity subject to this Section:
21        (1) shall provide coverage under a health insurance
22    policy or contract for health care services appropriately
23    delivered through telehealth;
24        (2) may not exclude from coverage a health care service
25    solely because it is provided through telehealth and is not
26    provided through an in-person consultation or contact

 

 

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1    between a health care provider and a patient; and
2        (3) shall not require that in-person contact occur
3    between a health care provider and a patient before payment
4    is made for the covered services appropriately provided
5    through telehealth.
6    No health care service plan shall require the health care
7provider to document a barrier to an in-person visit for
8coverage of services to be provided via telehealth. No health
9care service plan shall limit the type of setting where
10services are provided for the patient or by the health care
11provider before payment is made for the covered services
12appropriately provided through telehealth, subject to the
13terms and conditions of the contract entered into between the
14enrollee or subscriber and the health care service plan and its
15participating providers or provider groups.
16    Notwithstanding any other provision, this Section shall
17not be interpreted to authorize a health care service plan to
18require the use of telehealth when the health care provider has
19determined that it is not appropriate.
20    (e) With regard to reimbursement, an entity subject to this
21Section:
22        (1) shall reimburse a health care provider for the
23    examination, diagnosis, consultation, and treatment of an
24    insured patient for a health care service covered under a
25    health insurance policy or contract that can appropriately
26    be provided through telehealth;

 

 

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1        (2) is not required to:
2            (A) reimburse a health care provider for a health
3        care service delivered in person or through telehealth
4        that is not a covered benefit under the health
5        insurance policy or contract; or
6            (B) reimburse a health care provider who is not a
7        covered provider under the health insurance policy or
8        contract;
9        (3) may impose the same deductible, copayment, or
10    coinsurance amount on benefits for health care services
11    that are delivered through an in-person consultation or
12    through telehealth; and
13        (4) may not impose a lifetime dollar maximum.
14    A facility fee shall be paid to providers. Participating
15providers shall be reimbursed for the appropriate current
16procedural terminology (CPT) code for the telehealth service
17rendered.
18    (f) A patient receiving services by store and forward shall
19be notified of the right to receive interactive communication
20with the distant specialist physician or optometrist, and shall
21receive an interactive communication with the distant
22specialist physician or optometrist upon request. If
23requested, communication with the distant specialist physician
24or optometrist may occur either at the time of the consultation
25or within 30 days after the patient's notification of the
26results of the consultation. If the reviewing optometrist

 

 

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1identifies a disease or condition requiring consultation or
2referral, then that consultation or referral shall be with an
3ophthalmologist or other appropriate physician and surgeon as
4required.
5    (g) The requirements for telehealth services are as
6follows:
7        (1) A physician or other licensed health care
8    professional must be present at all times with the patient
9    at the originating site.
10        (2) The distant site provider must be a physician or
11    other licensed health care professional who is licensed by
12    the State of Illinois or by the state where the patient is
13    located.
14        (3) Medical data may be exchanged through a
15    telecommunication system.
16        (4) The interactive telecommunications system must, at
17    a minimum, have the capability of allowing the consulting
18    physician to examine the patient sufficiently to allow
19    proper diagnosis of the involved body system. The system
20    must also be capable of transmitting clearly audible heart
21    tones and lung sounds as well as clear video images of the
22    patient and any diagnostic tools such as radiographs.
23    (h) The requirements for telepsychiatry services are as
24follows:
25        (1) A physician or other licensed clinician as defined
26    in Section 132.25 of Title 59 of the Illinois

 

 

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1    Administrative Code must be present at all times with the
2    patient at the originating site.
3        (2) The distant site provider must be a physician
4    licensed by the State of Illinois or by the state where the
5    patient is located and must have completed or be registered
6    in and supervised by a physician who has completed an
7    approved general psychiatry residency program. When
8    treating patients age 16 and younger, the physician must
9    have also completed an approved child and adolescent
10    residency program or be registered in an approved general
11    psychiatry residency program or a child and adolescent
12    psychiatry fellowship program and supervised by a
13    physician who has completed an approved child and
14    adolescent psychiatry fellowship program. The distant site
15    provider must personally render the telepsychiatry
16    service. Telepsychiatry services must be rendered using an
17    interactive telecommunications system.
18    Group psychotherapy is a covered telepsychiatry service.
19    (i) The originating site must maintain records to document
20the services provided to patients and the health care
21professionals and providers involved in the services at all
22originating and distant site locations.
 
23    Section 30. The Health Maintenance Organization Act is
24amended by changing Section 5-3 as follows:
 

 

 

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1    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)
2    Sec. 5-3. Insurance Code provisions.
3    (a) Health Maintenance Organizations shall be subject to
4the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
5141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
6154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,
7356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4, 356z.5,
8356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
9356z.14, 356z.15, 356z.17, 356z.18, 356z.19, 356z.21, 356z.22,
10364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, 368e,
11370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412,
12444, and 444.1, paragraph (c) of subsection (2) of Section 367,
13and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV,
14and XXVI of the Illinois Insurance Code.
15    (b) For purposes of the Illinois Insurance Code, except for
16Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
17Maintenance Organizations in the following categories are
18deemed to be "domestic companies":
19        (1) a corporation authorized under the Dental Service
20    Plan Act or the Voluntary Health Services Plans Act;
21        (2) a corporation organized under the laws of this
22    State; or
23        (3) a corporation organized under the laws of another
24    state, 30% or more of the enrollees of which are residents
25    of this State, except a corporation subject to
26    substantially the same requirements in its state of

 

 

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1    organization as is a "domestic company" under Article VIII
2    1/2 of the Illinois Insurance Code.
3    (c) In considering the merger, consolidation, or other
4acquisition of control of a Health Maintenance Organization
5pursuant to Article VIII 1/2 of the Illinois Insurance Code,
6        (1) the Director shall give primary consideration to
7    the continuation of benefits to enrollees and the financial
8    conditions of the acquired Health Maintenance Organization
9    after the merger, consolidation, or other acquisition of
10    control takes effect;
11        (2)(i) the criteria specified in subsection (1)(b) of
12    Section 131.8 of the Illinois Insurance Code shall not
13    apply and (ii) the Director, in making his determination
14    with respect to the merger, consolidation, or other
15    acquisition of control, need not take into account the
16    effect on competition of the merger, consolidation, or
17    other acquisition of control;
18        (3) the Director shall have the power to require the
19    following information:
20            (A) certification by an independent actuary of the
21        adequacy of the reserves of the Health Maintenance
22        Organization sought to be acquired;
23            (B) pro forma financial statements reflecting the
24        combined balance sheets of the acquiring company and
25        the Health Maintenance Organization sought to be
26        acquired as of the end of the preceding year and as of

 

 

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1        a date 90 days prior to the acquisition, as well as pro
2        forma financial statements reflecting projected
3        combined operation for a period of 2 years;
4            (C) a pro forma business plan detailing an
5        acquiring party's plans with respect to the operation
6        of the Health Maintenance Organization sought to be
7        acquired for a period of not less than 3 years; and
8            (D) such other information as the Director shall
9        require.
10    (d) The provisions of Article VIII 1/2 of the Illinois
11Insurance Code and this Section 5-3 shall apply to the sale by
12any health maintenance organization of greater than 10% of its
13enrollee population (including without limitation the health
14maintenance organization's right, title, and interest in and to
15its health care certificates).
16    (e) In considering any management contract or service
17agreement subject to Section 141.1 of the Illinois Insurance
18Code, the Director (i) shall, in addition to the criteria
19specified in Section 141.2 of the Illinois Insurance Code, take
20into account the effect of the management contract or service
21agreement on the continuation of benefits to enrollees and the
22financial condition of the health maintenance organization to
23be managed or serviced, and (ii) need not take into account the
24effect of the management contract or service agreement on
25competition.
26    (f) Except for small employer groups as defined in the

 

 

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1Small Employer Rating, Renewability and Portability Health
2Insurance Act and except for medicare supplement policies as
3defined in Section 363 of the Illinois Insurance Code, a Health
4Maintenance Organization may by contract agree with a group or
5other enrollment unit to effect refunds or charge additional
6premiums under the following terms and conditions:
7        (i) the amount of, and other terms and conditions with
8    respect to, the refund or additional premium are set forth
9    in the group or enrollment unit contract agreed in advance
10    of the period for which a refund is to be paid or
11    additional premium is to be charged (which period shall not
12    be less than one year); and
13        (ii) the amount of the refund or additional premium
14    shall not exceed 20% of the Health Maintenance
15    Organization's profitable or unprofitable experience with
16    respect to the group or other enrollment unit for the
17    period (and, for purposes of a refund or additional
18    premium, the profitable or unprofitable experience shall
19    be calculated taking into account a pro rata share of the
20    Health Maintenance Organization's administrative and
21    marketing expenses, but shall not include any refund to be
22    made or additional premium to be paid pursuant to this
23    subsection (f)). The Health Maintenance Organization and
24    the group or enrollment unit may agree that the profitable
25    or unprofitable experience may be calculated taking into
26    account the refund period and the immediately preceding 2

 

 

09800SB2366sam001- 21 -LRB098 07932 RPM 42592 a

1    plan years.
2    The Health Maintenance Organization shall include a
3statement in the evidence of coverage issued to each enrollee
4describing the possibility of a refund or additional premium,
5and upon request of any group or enrollment unit, provide to
6the group or enrollment unit a description of the method used
7to calculate (1) the Health Maintenance Organization's
8profitable experience with respect to the group or enrollment
9unit and the resulting refund to the group or enrollment unit
10or (2) the Health Maintenance Organization's unprofitable
11experience with respect to the group or enrollment unit and the
12resulting additional premium to be paid by the group or
13enrollment unit.
14    In no event shall the Illinois Health Maintenance
15Organization Guaranty Association be liable to pay any
16contractual obligation of an insolvent organization to pay any
17refund authorized under this Section.
18    (g) Rulemaking authority to implement Public Act 95-1045,
19if any, is conditioned on the rules being adopted in accordance
20with all provisions of the Illinois Administrative Procedure
21Act and all rules and procedures of the Joint Committee on
22Administrative Rules; any purported rule not so adopted, for
23whatever reason, is unauthorized.
24(Source: P.A. 96-328, eff. 8-11-09; 96-639, eff. 1-1-10;
2596-833, eff. 6-1-10; 96-1000, eff. 7-2-10; 97-282, eff. 8-9-11;
2697-343, eff. 1-1-12; 97-437, eff. 8-18-11; 97-486, eff. 1-1-12;

 

 

09800SB2366sam001- 22 -LRB098 07932 RPM 42592 a

197-592, eff. 1-1-12; 97-805, eff. 1-1-13; 97-813, eff.
27-13-12.)
 
3    Section 35. The Limited Health Service Organization Act is
4amended by changing Section 4003 as follows:
 
5    (215 ILCS 130/4003)  (from Ch. 73, par. 1504-3)
6    Sec. 4003. Illinois Insurance Code provisions. Limited
7health service organizations shall be subject to the provisions
8of Sections 133, 134, 136, 137, 139, 140, 141.1, 141.2, 141.3,
9143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6,
10154.7, 154.8, 155.04, 155.37, 355.2, 355.3, 356v, 356z.10,
11356z.21, 356z.22, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2,
12409, 412, 444, and 444.1 and Articles IIA, VIII 1/2, XII, XII
131/2, XIII, XIII 1/2, XXV, and XXVI of the Illinois Insurance
14Code. For purposes of the Illinois Insurance Code, except for
15Sections 444 and 444.1 and Articles XIII and XIII 1/2, limited
16health service organizations in the following categories are
17deemed to be domestic companies:
18        (1) a corporation under the laws of this State; or
19        (2) a corporation organized under the laws of another
20    state, 30% of more of the enrollees of which are residents
21    of this State, except a corporation subject to
22    substantially the same requirements in its state of
23    organization as is a domestic company under Article VIII
24    1/2 of the Illinois Insurance Code.

 

 

09800SB2366sam001- 23 -LRB098 07932 RPM 42592 a

1(Source: P.A. 97-486, eff. 1-1-12; 97-592, 1-1-12; 97-805, eff.
21-1-13; 97-813, eff. 7-13-12.)
 
3    Section 40. The Voluntary Health Services Plans Act is
4amended by changing Section 10 as follows:
 
5    (215 ILCS 165/10)  (from Ch. 32, par. 604)
6    Sec. 10. Application of Insurance Code provisions. Health
7services plan corporations and all persons interested therein
8or dealing therewith shall be subject to the provisions of
9Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
10143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 356g,
11356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x, 356y,
12356z.1, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9,
13356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.18,
14356z.19, 356z.21, 356z.22, 364.01, 367.2, 368a, 401, 401.1,
15402, 403, 403A, 408, 408.2, and 412, and paragraphs (7) and
16(15) of Section 367 of the Illinois Insurance Code.
17    Rulemaking authority to implement Public Act 95-1045, if
18any, is conditioned on the rules being adopted in accordance
19with all provisions of the Illinois Administrative Procedure
20Act and all rules and procedures of the Joint Committee on
21Administrative Rules; any purported rule not so adopted, for
22whatever reason, is unauthorized.
23(Source: P.A. 96-328, eff. 8-11-09; 96-833, eff. 6-1-10;
2496-1000, eff. 7-2-10; 97-282, eff. 8-9-11; 97-343, eff. 1-1-12;

 

 

09800SB2366sam001- 24 -LRB098 07932 RPM 42592 a

197-486, eff. 1-1-12; 97-592, eff. 1-1-12; 97-805, eff. 1-1-13;
297-813, eff. 7-13-12.)".