98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3319

 

Introduced 2/14/2014, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Telehealth Act. Provides that telehealth services consist of (1) the provision of services and the mode of delivering health care services, including, but not limited to, primary care, counseling, psychiatry, emergency care, and specialty care and public health services via information and communication technologies, including, but not limited to, remote patient monitoring, to facilitate the examination, assessment, diagnosis, consultation, treatment, education, care management, and self-management of a patient's health care while the patient is at the originating site and the health care provider is at a distant site and (2) as it relates to the delivery of health care, mental health care, or substance use disorder treatment, the use of interactive audio, video, or other telecommunications or electronic technology by a health care provider to deliver a health care service within the scope of practice of the health care provider from the distant site to the originating site at which the patient is located. Sets forth the requirements for the delivery of telehealth services and telepsychiatry services. Amends the Illinois Insurance Code, the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, and the Voluntary Health Services Plans Act to provide that health care plans and policies must provide coverage for telehealth services, including primary care, counseling, psychiatry, emergency care, and specialty care as set forth in the Illinois Insurance Code and as otherwise set forth in the Telehealth Act. Sets forth requirements concerning the coverage of telehealth services.


LRB098 18154 RPM 55351 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3319LRB098 18154 RPM 55351 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 1. Short title. This Act may be cited as the
5Telehealth Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Distant site" means the location at which the health care
8provider rendering the service is located.
9    "Health care provider" means Illinois-licensed health care
10professionals, including, but not limited to, physicians
11licensed to practice medicine in all its branches, advanced
12practice nurses, physician assistants, licensed clinical
13psychologists, licensed clinical social workers, and licensed
14clinical professional counselors. Individuals not meeting the
15definition of "health care provider" are prohibited from
16providing telehealth services under this Act.
17    "Interactive telecommunications system" means multimedia
18communications equipment that includes, at a minimum, audio and
19video equipment permitting 2-way, real-time interactive
20communication between the patient and the distant site health
21care provider. Telephones, facsimile machines, and electronic
22mail systems do not meet the definition of "interactive
23telecommunications system".

 

 

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1    "Originating site" means the health care providers'
2office, local health departments, community mental health
3centers, rural health clinics, hospitals, substance use
4disorder facilities licensed by the Department of Human
5Services or the Department of Public Health, federally
6qualified health centers, and, in the case of individuals under
7the age of 18, elementary or secondary schools.
8    "Rural area" means a geographical area that is defined as
9rural by regulations issued by the Centers for Medicare and
10Medicaid Services or an area designated as underserved for
11behavioral health services by the Health Resources and Services
12Administration of the U.S. Department of Health and Human
13Services or a successor agency of either.
14    "Synchronous interaction" means a real-time interaction
15between a patient at an originating site and a health care
16provider located at a distant site.
17    "Telecommunication system" means an interactive
18telecommunications system that is used to transmit data between
19the originating and distant sites and is compliant with the
20Health Insurance Portability and Accountability Act (HIPAA)
21privacy and security rules.
 
22    Section 10. Telehealth services.
23    (a) Telehealth services consist of the following:
24        (1) the provision of services and the mode of
25    delivering health care services, including, but not

 

 

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1    limited to, primary care, counseling, psychiatry,
2    emergency care, and specialty care and public health
3    services via information and communication technologies,
4    including, but not limited to, remote patient monitoring,
5    to facilitate the examination, assessment, diagnosis,
6    consultation, treatment, education, care management, and
7    self-management of a patient's health care while the
8    patient is at the originating site and the health care
9    provider is at a distant site; and
10        (2) as it relates to the delivery of health care,
11    mental health care, or substance use disorder treatment,
12    the use of interactive audio, video, or other
13    telecommunications or electronic technology by a health
14    care provider to deliver a health care service within the
15    scope of practice of the health care provider from the
16    distant site to the originating site at which the patient
17    is located.
18    (b) Telehealth services does not include:
19        (1) an audio-only telephone conversation between a
20    health care provider and a patient;
21        (2) an electronic mail message between a health care
22    provider and a patient; or
23        (3) a facsimile transmission between a health care
24    provider and a patient.
 
25    Section 15. Delivery of telehealth services.

 

 

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1    (a) The requirements for the delivery of telehealth
2services are as follows:
3        (1) A physician or other health care provider must be
4    onsite and available to the patient at the originating
5    site, but need not be present in the same room as the
6    patient. In the case of individuals under the age of 18,
7    for an originating site in an elementary or secondary
8    school, a health care provider or school administrator,
9    counselor, social worker, nurse, or teacher must be onsite
10    and available to the patient, but need not be present in
11    the same room as the patient.
12        (2) The distant site provider must be a physician or
13    other health care provider.
14        (3) Medical data may be exchanged through a Health
15    Insurance Portability and Accountability Act of
16    1996-compliant telecommunication system.
17        (4) The interactive telecommunications system must, at
18    a minimum, have the capability of allowing the consulting
19    physician or other health care provider to examine the
20    patient sufficiently to allow proper diagnosis. The system
21    must also be capable of transmitting clearly audible sounds
22    as well as clear video images.
23    (b) The specific requirements for the delivery of
24telepsychiatry services are as follows:
25        (1) A physician or other health care provider must be
26    onsite and available to the patient at the originating

 

 

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1    site, but need not be present in the same room as the
2    patient. In the case of individuals under the age of 18,
3    for an originating site in an elementary or secondary
4    school, a health care provider or school administrator,
5    counselor, social worker, nurse, or teacher must be onsite
6    and available to the patient at the originating site, but
7    need not be present in the same room as the patient.
8        (2) The distant site provider must be a physician
9    licensed by this State who has completed an approved
10    general psychiatry residency program or be registered in an
11    approved general psychiatry residency program or
12    psychiatry fellowship program supervised by a physician
13    who has completed an approved general psychiatry residency
14    program. Patients must be located in this State. When
15    treating patients age 16 and younger, the physician must
16    also have completed an approved child and adolescent
17    fellowship program and supervised by a physician who has
18    completed an approved child and adolescent psychiatry
19    fellowship program.
20        (3) The distant site provider must personally render
21    the telepsychiatry service.
22        (4) Telepsychiatry services must be rendered using an
23    interactive video telecommunications system.
24    (c) Both the originating and distant site must maintain
25records to document services provided to patients. All laws
26regarding the confidentiality of health care information and a

 

 

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1patient's rights to his or her medical information shall apply
2to telehealth service interactions.
3    (d) This Act shall not be construed to alter the scope of
4practice of any health care provider or authorize the delivery
5of health care services in a setting or in a manner not
6otherwise authorized by law.
7    (e) Only health care providers licensed by the State of
8Illinois may provide telehealth services for patients located
9in Illinois.
 
10    Section 905. The State Employees Group Insurance Act of
111971 is amended by changing Section 6.11 as follows:
 
12    (5 ILCS 375/6.11)
13    Sec. 6.11. Required health benefits; Illinois Insurance
14Code requirements. The program of health benefits shall provide
15the post-mastectomy care benefits required to be covered by a
16policy of accident and health insurance under Section 356t of
17the Illinois Insurance Code. The program of health benefits
18shall provide the coverage required under Sections 356g,
19356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
20356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
21356z.14, 356z.15, and 356z.17, and 356z.22 of the Illinois
22Insurance Code. The program of health benefits must comply with
23Sections 155.22a, 155.37, 355b, and 356z.19 of the Illinois
24Insurance Code.

 

 

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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. 97-282, eff. 8-9-11; 97-343, eff. 1-1-12; 97-813,
8eff. 7-13-12; 98-189, eff. 1-1-14.)
 
9    Section 910. The Counties Code is amended by changing
10Section 5-1069.3 as follows:
 
11    (55 ILCS 5/5-1069.3)
12    Sec. 5-1069.3. Required health benefits. If a county,
13including a home rule county, is a self-insurer for purposes of
14providing health insurance coverage for its employees, the
15coverage shall include coverage for the post-mastectomy care
16benefits required to be covered by a policy of accident and
17health insurance under Section 356t and the coverage required
18under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,
19356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
20356z.14, and 356z.15, and 356z.22 of the Illinois Insurance
21Code. The coverage shall comply with Sections 155.22a, 355b,
22and 356z.19 of the Illinois Insurance Code. The requirement
23that health benefits be covered as provided in this Section is
24an exclusive power and function of the State and is a denial

 

 

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1and limitation under Article VII, Section 6, subsection (h) of
2the Illinois Constitution. A home rule county to which this
3Section applies must comply with every provision of this
4Section.
5    Rulemaking authority to implement Public Act 95-1045, if
6any, is conditioned on the rules being adopted in accordance
7with all provisions of the Illinois Administrative Procedure
8Act and all rules and procedures of the Joint Committee on
9Administrative Rules; any purported rule not so adopted, for
10whatever reason, is unauthorized.
11(Source: P.A. 97-282, eff. 8-9-11; 97-343, eff. 1-1-12; 97-813,
12eff. 7-13-12; 98-189, eff. 1-1-14.)
 
13    Section 915. The Illinois Municipal Code is amended by
14changing Section 10-4-2.3 as follows:
 
15    (65 ILCS 5/10-4-2.3)
16    Sec. 10-4-2.3. Required health benefits. If a
17municipality, including a home rule municipality, is a
18self-insurer for purposes of providing health insurance
19coverage for its employees, the coverage shall include coverage
20for the post-mastectomy care benefits required to be covered by
21a policy of accident and health insurance under Section 356t
22and the coverage required under Sections 356g, 356g.5,
23356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10,
24356z.11, 356z.12, 356z.13, 356z.14, and 356z.15, and 356z.22 of

 

 

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1the Illinois Insurance Code. The coverage shall comply with
2Sections 155.22a, 355b, and 356z.19 of the Illinois Insurance
3Code. The requirement that health benefits be covered as
4provided in this is an exclusive power and function of the
5State and is a denial and limitation under Article VII, Section
66, subsection (h) of the Illinois Constitution. A home rule
7municipality to which this Section applies must comply with
8every provision of this Section.
9    Rulemaking authority to implement Public Act 95-1045, if
10any, is conditioned on the rules being adopted in accordance
11with all provisions of the Illinois Administrative Procedure
12Act and all rules and procedures of the Joint Committee on
13Administrative Rules; any purported rule not so adopted, for
14whatever reason, is unauthorized.
15(Source: P.A. 97-282, eff. 8-9-11; 97-343, eff. 1-1-12; 97-813,
16eff. 7-13-12; 98-189, eff. 1-1-14.)
 
17    Section 920. The School Code is amended by changing Section
1810-22.3f as follows:
 
19    (105 ILCS 5/10-22.3f)
20    Sec. 10-22.3f. Required health benefits. Insurance
21protection and benefits for employees shall provide the
22post-mastectomy care benefits required to be covered by a
23policy of accident and health insurance under Section 356t and
24the coverage required under Sections 356g, 356g.5, 356g.5-1,

 

 

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1356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.11, 356z.12,
2356z.13, 356z.14, and 356z.15, and 356z.22 of the Illinois
3Insurance Code. Insurance policies shall comply with Section
4356z.19 of the Illinois Insurance Code. The coverage shall
5comply with Sections 155.22a and 355b of the Illinois Insurance
6Code.
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. 97-282, eff. 8-9-11; 97-343, eff. 1-1-12; 97-813,
14eff. 7-13-12; 98-189, eff. 1-1-14.)
 
15    Section 925. The Illinois Insurance Code is amended by
16adding Section 356z.22 as follows:
 
17    (215 ILCS 5/356z.22 new)
18    Sec. 356z.22. Coverage for telehealth services.
19    (a) In this Section:
20    "Facility fee" means the reimbursement made to the
21originating site for the telehealth service.
22    "Health care provider" means Illinois-licensed health care
23professionals, including, but not limited to, physicians
24licensed to practice medicine in all its branches, advanced

 

 

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1practice nurses, physician assistants, licensed clinical
2psychologists, licensed clinical social workers, licensed
3clinical professional counselors, and certified substance use
4disorder professionals employed by a licensed substance use
5disorder facility. Individuals not meeting the definition of
6"health care provider" are prohibited from providing
7telehealth services under this Act.
8    "Rural area" means a geographical area that is defined as
9rural by regulations issued by the Centers for Medicare and
10Medicaid Services or an area designated as underserved for
11behavioral health services by the Health Resources and Services
12Administration of the U.S. Department of Health and Human
13Services or a successor agency of either.
14    (b) An individual or group policy of accident and health
15insurance, a health maintenance organization policy, a
16nonprofit health services plan, or a managed care plan must
17provide coverage for telehealth services, including primary
18care, counseling, psychiatry, emergency care, and specialty
19care as set forth in this Section and as otherwise set forth in
20the Telehealth Act. Benefits for telehealth shall be limited to
21individuals who reside in rural areas, with the exception that
22any individual under the age of 18 shall receive benefits for
23telehealth services for behavioral health services,
24irrespective of whether the individual resides in a rural area.
25    (c) An individual or group policy of accident and health
26insurance, a health maintenance organization policy, a

 

 

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1nonprofit health services plan, or a managed care plan:
2        (1) shall provide coverage under a health insurance
3    policy or contract for health care services appropriately
4    delivered through telehealth;
5        (2) may not exclude a health care service from coverage
6    solely because it is provided through telehealth and is not
7    provided through an in-person consultation or contact
8    between a health care provider and a patient;
9        (3) may not require that in-person contact occur
10    between a health care provider and a patient before payment
11    is made for the covered services appropriately provided
12    through telehealth;
13        (4) may not require the health care provider to
14    document a barrier to an in-person visit for coverage of
15    services to be provided via telehealth;
16        (5) may not require the use of telehealth when the
17    health care provider has determined that it is not
18    appropriate;
19        (6) consistent with the terms of this Section, shall
20    reimburse a health care provider for the examination,
21    assessment, diagnosis, consultation, and treatment of an
22    insured patient for a health care service covered under a
23    health insurance policy or contract that can appropriately
24    be provided through telehealth;
25        (7) shall pay a facility fee to the originating site
26    and the health care provider at the originating site for

 

 

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1    services provided;
2        (8) is not required to:
3            (A) reimburse a health care provider for a health
4        care service delivered in-person or through telehealth
5        that is not a covered benefit under the health
6        insurance policy or contract;
7            (B) reimburse a health care provider for a health
8        care service unless the service is provided via a
9        synchronous interaction between the patient and the
10        health care provider;
11            (C) reimburse a health care provider or facility
12        for telehealth services that are not provided at an
13        originating site, as defined in the Telehealth Act; or
14            (D) reimburse a health care provider or facility
15        for telehealth services unless a written agreement
16        exists between the originating site and the distant
17        site, as those terms are defined in the Telehealth Act,
18        that facilitates the provision of health care services
19        sought by the patient, a copy of which shall be
20        provided to the insurer, health maintenance
21        organization policy, nonprofit health services plan,
22        or managed care plan upon request; and
23        (9) may not impose a lifetime dollar maximum or limit
24    the provision of mental health or substance use disorder
25    services in a manner that violates State or federal parity
26    laws.

 

 

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1    (d) Coverage for telehealth services required under this
2Section may be subject to the same deductible, coinsurance, and
3copayment as if the telehealth services were provided through
4face-to-face interactions between patients and their health
5care providers. Nothing in this Section shall be deemed as
6requiring an insurer to provide benefits for a service that
7would not otherwise be covered if the services were provided
8through a face-to-face interaction between the patient and a
9health care provider.
10    (e) Whenever a beneficiary finds it medically necessary to
11utilize a non-preferred provider for telehealth services, the
12payor shall ensure that the beneficiary shall incur no greater
13out-of-pocket liability than had the beneficiary received
14telehealth services from a preferred provider. This subsection
15(e) does not apply to a beneficiary who willfully chooses to
16access a non-preferred provider for telehealth services
17available through the administrator's panel of participating
18providers.
 
19    Section 930. The Health Maintenance Organization Act is
20amended by changing Section 5-3 as follows:
 
21    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)
22    Sec. 5-3. Insurance Code provisions.
23    (a) Health Maintenance Organizations shall be subject to
24the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,

 

 

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1141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
2154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,
3355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4,
4356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,
5356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19, 356z.21,
6356z.22, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d,
7368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2,
8409, 412, 444, and 444.1, paragraph (c) of subsection (2) of
9Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII,
10XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
11    (b) For purposes of the Illinois Insurance Code, except for
12Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
13Maintenance Organizations in the following categories are
14deemed to be "domestic companies":
15        (1) a corporation authorized under the Dental Service
16    Plan Act or the Voluntary Health Services Plans Act;
17        (2) a corporation organized under the laws of this
18    State; or
19        (3) a corporation organized under the laws of another
20    state, 30% or 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.
25    (c) In considering the merger, consolidation, or other
26acquisition of control of a Health Maintenance Organization

 

 

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1pursuant to Article VIII 1/2 of the Illinois Insurance Code,
2        (1) the Director shall give primary consideration to
3    the continuation of benefits to enrollees and the financial
4    conditions of the acquired Health Maintenance Organization
5    after the merger, consolidation, or other acquisition of
6    control takes effect;
7        (2)(i) the criteria specified in subsection (1)(b) of
8    Section 131.8 of the Illinois Insurance Code shall not
9    apply and (ii) the Director, in making his determination
10    with respect to the merger, consolidation, or other
11    acquisition of control, need not take into account the
12    effect on competition of the merger, consolidation, or
13    other acquisition of control;
14        (3) the Director shall have the power to require the
15    following information:
16            (A) certification by an independent actuary of the
17        adequacy of the reserves of the Health Maintenance
18        Organization sought to be acquired;
19            (B) pro forma financial statements reflecting the
20        combined balance sheets of the acquiring company and
21        the Health Maintenance Organization sought to be
22        acquired as of the end of the preceding year and as of
23        a date 90 days prior to the acquisition, as well as pro
24        forma financial statements reflecting projected
25        combined operation for a period of 2 years;
26            (C) a pro forma business plan detailing an

 

 

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1        acquiring party's plans with respect to the operation
2        of the Health Maintenance Organization sought to be
3        acquired for a period of not less than 3 years; and
4            (D) such other information as the Director shall
5        require.
6    (d) The provisions of Article VIII 1/2 of the Illinois
7Insurance Code and this Section 5-3 shall apply to the sale by
8any health maintenance organization of greater than 10% of its
9enrollee population (including without limitation the health
10maintenance organization's right, title, and interest in and to
11its health care certificates).
12    (e) In considering any management contract or service
13agreement subject to Section 141.1 of the Illinois Insurance
14Code, the Director (i) shall, in addition to the criteria
15specified in Section 141.2 of the Illinois Insurance Code, take
16into account the effect of the management contract or service
17agreement on the continuation of benefits to enrollees and the
18financial condition of the health maintenance organization to
19be managed or serviced, and (ii) need not take into account the
20effect of the management contract or service agreement on
21competition.
22    (f) Except for small employer groups as defined in the
23Small Employer Rating, Renewability and Portability Health
24Insurance Act and except for medicare supplement policies as
25defined in Section 363 of the Illinois Insurance Code, a Health
26Maintenance Organization may by contract agree with a group or

 

 

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

 

 

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1and upon request of any group or enrollment unit, provide to
2the group or enrollment unit a description of the method used
3to calculate (1) the Health Maintenance Organization's
4profitable experience with respect to the group or enrollment
5unit and the resulting refund to the group or enrollment unit
6or (2) the Health Maintenance Organization's unprofitable
7experience with respect to the group or enrollment unit and the
8resulting additional premium to be paid by the group or
9enrollment unit.
10    In no event shall the Illinois Health Maintenance
11Organization Guaranty Association be liable to pay any
12contractual obligation of an insolvent organization to pay any
13refund authorized under this Section.
14    (g) Rulemaking authority to implement Public Act 95-1045,
15if any, is conditioned on the rules being adopted in accordance
16with all provisions of the Illinois Administrative Procedure
17Act and all rules and procedures of the Joint Committee on
18Administrative Rules; any purported rule not so adopted, for
19whatever reason, is unauthorized.
20(Source: P.A. 97-282, eff. 8-9-11; 97-343, eff. 1-1-12; 97-437,
21eff. 8-18-11; 97-486, eff. 1-1-12; 97-592, eff. 1-1-12; 97-805,
22eff. 1-1-13; 97-813, eff. 7-13-12; 98-189, eff. 1-1-14.)
 
23    Section 935. The Limited Health Service Organization Act is
24amended by changing Section 4003 as follows:
 

 

 

SB3319- 20 -LRB098 18154 RPM 55351 b

1    (215 ILCS 130/4003)  (from Ch. 73, par. 1504-3)
2    Sec. 4003. Illinois Insurance Code provisions. Limited
3health service organizations shall be subject to the provisions
4of Sections 133, 134, 136, 137, 139, 140, 141.1, 141.2, 141.3,
5143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6,
6154.7, 154.8, 155.04, 155.37, 355.2, 355.3, 355b, 356v,
7356z.10, 356z.21, 356z.22, 368a, 401, 401.1, 402, 403, 403A,
8408, 408.2, 409, 412, 444, and 444.1 and Articles IIA, VIII
91/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the
10Illinois Insurance Code. For purposes of the Illinois Insurance
11Code, except for Sections 444 and 444.1 and Articles XIII and
12XIII 1/2, limited health service organizations in the following
13categories are deemed to be domestic companies:
14        (1) a corporation under the laws of this State; or
15        (2) a corporation organized under the laws of another
16    state, 30% of more of the enrollees of which are residents
17    of this State, except a corporation subject to
18    substantially the same requirements in its state of
19    organization as is a domestic company under Article VIII
20    1/2 of the Illinois Insurance Code.
21(Source: P.A. 97-486, eff. 1-1-12; 97-592, 1-1-12; 97-805, eff.
221-1-13; 97-813, eff. 7-13-12; 98-189, eff. 1-1-14.)
 
23    Section 940. The Voluntary Health Services Plans Act is
24amended by changing Section 10 as follows:
 

 

 

SB3319- 21 -LRB098 18154 RPM 55351 b

1    (215 ILCS 165/10)  (from Ch. 32, par. 604)
2    Sec. 10. Application of Insurance Code provisions. Health
3services plan corporations and all persons interested therein
4or dealing therewith shall be subject to the provisions of
5Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
6143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g,
7356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x, 356y,
8356z.1, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9,
9356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.18,
10356z.19, 356z.21, 356z.22, 364.01, 367.2, 368a, 401, 401.1,
11402, 403, 403A, 408, 408.2, and 412, and paragraphs (7) and
12(15) of Section 367 of the Illinois Insurance Code.
13    Rulemaking authority to implement Public Act 95-1045, if
14any, is conditioned on the rules being adopted in accordance
15with all provisions of the Illinois Administrative Procedure
16Act and all rules and procedures of the Joint Committee on
17Administrative Rules; any purported rule not so adopted, for
18whatever reason, is unauthorized.
19(Source: P.A. 97-282, eff. 8-9-11; 97-343, eff. 1-1-12; 97-486,
20eff. 1-1-12; 97-592, eff. 1-1-12; 97-805, eff. 1-1-13; 97-813,
21eff. 7-13-12; 98-189, eff. 1-1-14.)

 

 

SB3319- 22 -LRB098 18154 RPM 55351 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    5 ILCS 375/6.11
5    55 ILCS 5/5-1069.3
6    65 ILCS 5/10-4-2.3
7    105 ILCS 5/10-22.3f
8    215 ILCS 5/356z.22 new
9    215 ILCS 125/5-3from Ch. 111 1/2, par. 1411.2
10    215 ILCS 130/4003from Ch. 73, par. 1504-3
11    215 ILCS 165/10from Ch. 32, par. 604