HB5954eng 95TH GENERAL ASSEMBLY

HB5954 Engrossed LRB095 18393 KBJ 44479 b

AN ACT concerning regulation.

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

Section 5. The Illinois Insurance Code is amended by adding Section 355a.1 as follows:

(215 ILCS 5/355a.1 new)

Sec. 355a.1. High deductible health plans; mandates.

(a) For the purpose of this Section, the terms "high deductible health plan" and "health savings account" shall have the same meanings as defined by the federal Medicare Prescription Drug, Improvement, and Modernization Act of 2003. Components of high deductible health plans and health savings accounts, including, but not limited to, deductible limits, contribution limits, and out-of-pocket maximums shall be those annually prescribed by the United States Department of the Treasury.

(b) An individual that purchases a policy of accident and health insurance that is a high deductible health plan with a health savings account may waive coverage for any or all insurance coverage mandates required by this Code.

The decision to waive any or all insurance coverage mandates shall be made by the individual covered by the policy of accident and health insurance.

In the case of a minor or other individual not able to make an informed decision, the decision to waive coverage shall be made by the parent or guardian of the individual.

(c) In order to aid individuals in making informed decisions regarding insurance coverage and the waiving of mandated coverage, the Division of Insurance of the Illinois Department of Financial and Professional Regulation may provide assistance to individuals purchasing coverage to assist the purchaser in weighing the risks and benefits associated with waiving mandated coverage. This assistance may be provided through the Department's Consumer Assistance Hotline, the use of an internet-based system, informational brochures, or any other means deemed appropriate by the Division.

(d) The Division of Insurance shall recognize a waiver under this Section as a waiver of coverage required under this Code.

(e) Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.