Full Text of SB1096 102nd General Assembly
SB1096sam001 102ND GENERAL ASSEMBLY | Sen. Ann Gillespie Filed: 4/21/2021
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| 1 | | AMENDMENT TO SENATE BILL 1096
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1096 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Insurance Code is amended by | 5 | | adding Section 356z.43 as follows: | 6 | | (215 ILCS 5/356z.43 new) | 7 | | Sec. 356z.43. Coverage for COVID-19 diagnostic testing for | 8 | | nursing home employees. | 9 | | (a) As used in this Section: | 10 | | "COVID-19" means the disease caused by SARS-CoV-2 or any | 11 | | further mutation. | 12 | | "Department" means the Department of Public Health. | 13 | | "Diagnostic testing" means testing administered for the | 14 | | purposes of diagnosing COVID-19 or a related virus and the | 15 | | administration of such tests if the test is: | 16 | | (1) approved, cleared, or authorized under Section |
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| 1 | | 510(k), 513, 515, or 564 of the Federal Food, Drug, and | 2 | | Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, and 360bbb-3); | 3 | | (2) the subject of a request or intended request for | 4 | | emergency use authorization under Section 564 of the | 5 | | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3) | 6 | | until the emergency use authorization request has been | 7 | | denied or the developer of the test does not submit a | 8 | | request within a reasonable timeframe; | 9 | | (3) developed and authorized by a state that has | 10 | | notified the Secretary of the United States Department of | 11 | | Health and Human Services of its intention to review a | 12 | | test intended to diagnose COVID-19; or | 13 | | (4) determined by the Secretary of the United States | 14 | | Department of Health and Human Services or the Director of | 15 | | the Centers for Disease Control and Prevention as | 16 | | appropriate for the diagnosis of COVID-19. | 17 | | "Enrollee" means a long-term care facility employee who is | 18 | | covered by a health plan. | 19 | | "Health plan" means (i) individual health insurance | 20 | | coverage, as defined in Section 5 of the Illinois Health | 21 | | Insurance Portability and Accountability Act, and (ii) group | 22 | | health insurance coverage, as defined in Section 5 of the | 23 | | Illinois Health Insurance Portability and Accountability Act | 24 | | for employees of a licensed long-term care facility. | 25 | | "Long-term care facility" means a long-term care facility | 26 | | as defined in Section 1-113 of the Nursing Home Care Act, an |
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| 1 | | assisted living establishment as defined in Section 10 of the | 2 | | Assisted Living and Shared Housing Act, a MC/DD facility as | 3 | | defined in Section 1-113 of the MC/DD Act, an ID/DD facility as | 4 | | defined in Section 1-113 of the ID/DD Community Care Act, a | 5 | | facility as defined in Section 1-102 of the Specialized Mental | 6 | | Health Rehabilitation Act of 2013, or a supportive living | 7 | | facility as defined in Section 5.01a of the Illinois Public | 8 | | Aid Code. | 9 | | "Testing provider" means a provider that is authorized by | 10 | | the Department of Public Health to perform diagnostic testing | 11 | | for licensed long-term care facilities. | 12 | | (b) A health plan amended, delivered, issued, or renewed | 13 | | on or after the effective date of this amendatory Act of the | 14 | | 102nd General Assembly shall provide coverage of diagnostic | 15 | | testing for enrollees that is performed by a testing provider | 16 | | in accordance with federal COVID-19 testing requirements as | 17 | | set forth in subsection (h) of 42 CFR 483.80; emergency rules | 18 | | adopted by the Department in 77 Ill. Adm. Code 295.4045, | 19 | | 300.696, 330.340, 350.760, and 390.340; and applicable federal | 20 | | and Department guidance. | 21 | | (c) Testing performed in accordance with subsection (b) | 22 | | shall be considered medically necessary for the purposes of | 23 | | this Section. | 24 | | (d) A health plan may inquire as to whether an enrollee is | 25 | | an employee of the long-term care facility but shall not | 26 | | require further evidence or verification of the enrollee's |
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| 1 | | employment status. | 2 | | (e) The coverage requirements set forth in this Section | 3 | | shall only apply when the testing requirements set forth in | 4 | | subsection (b) are in effect. | 5 | | (f) Any failure to provide coverage pursuant to this | 6 | | Section shall be deemed a failure to substantially comply with | 7 | | this Code. | 8 | | (g) This Section is repealed on January 1, 2022. | 9 | | Section 10. The Health Maintenance Organization Act is | 10 | | amended by changing Section 5-3 as follows:
| 11 | | (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
| 12 | | Sec. 5-3. Insurance Code provisions.
| 13 | | (a) Health Maintenance Organizations
shall be subject to | 14 | | the provisions of Sections 133, 134, 136, 137, 139, 140, | 15 | | 141.1,
141.2, 141.3, 143, 143c, 147, 148, 149, 151,
152, 153, | 16 | | 154, 154.5, 154.6,
154.7, 154.8, 155.04, 155.22a, 355.2, | 17 | | 355.3, 355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y,
356z.2, | 18 | | 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, | 19 | | 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, | 20 | | 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, | 21 | | 356z.30a, 356z.32, 356z.33, 356z.35, 356z.36, 356z.41, | 22 | | 356z.43, 364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, | 23 | | 368d, 368e, 370c,
370c.1, 401, 401.1, 402, 403, 403A,
408, | 24 | | 408.2, 409, 412, 444,
and
444.1,
paragraph (c) of subsection |
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| 1 | | (2) of Section 367, and Articles IIA, VIII 1/2,
XII,
XII 1/2, | 2 | | XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois | 3 | | Insurance Code.
| 4 | | (b) For purposes of the Illinois Insurance Code, except | 5 | | for Sections 444
and 444.1 and Articles XIII and XIII 1/2, | 6 | | Health Maintenance Organizations in
the following categories | 7 | | are deemed to be "domestic companies":
| 8 | | (1) a corporation authorized under the
Dental Service | 9 | | Plan Act or the Voluntary Health Services Plans Act;
| 10 | | (2) a corporation organized under the laws of this | 11 | | State; or
| 12 | | (3) a corporation organized under the laws of another | 13 | | state, 30% or more
of the enrollees of which are residents | 14 | | of this State, except a
corporation subject to | 15 | | substantially the same requirements in its state of
| 16 | | organization as is a "domestic company" under Article VIII | 17 | | 1/2 of the
Illinois Insurance Code.
| 18 | | (c) In considering the merger, consolidation, or other | 19 | | acquisition of
control of a Health Maintenance Organization | 20 | | pursuant to Article VIII 1/2
of the Illinois Insurance Code,
| 21 | | (1) the Director shall give primary consideration to | 22 | | the continuation of
benefits to enrollees and the | 23 | | financial conditions of the acquired Health
Maintenance | 24 | | Organization after the merger, consolidation, or other
| 25 | | acquisition of control takes effect;
| 26 | | (2)(i) the criteria specified in subsection (1)(b) of |
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| 1 | | Section 131.8 of
the Illinois Insurance Code shall not | 2 | | apply and (ii) the Director, in making
his determination | 3 | | with respect to the merger, consolidation, or other
| 4 | | acquisition of control, need not take into account the | 5 | | effect on
competition of the merger, consolidation, or | 6 | | other acquisition of control;
| 7 | | (3) the Director shall have the power to require the | 8 | | following
information:
| 9 | | (A) certification by an independent actuary of the | 10 | | adequacy
of the reserves of the Health Maintenance | 11 | | Organization sought to be acquired;
| 12 | | (B) pro forma financial statements reflecting the | 13 | | combined balance
sheets of the acquiring company and | 14 | | the Health Maintenance Organization sought
to be | 15 | | acquired as of the end of the preceding year and as of | 16 | | a date 90 days
prior to the acquisition, as well as pro | 17 | | forma financial statements
reflecting projected | 18 | | combined operation for a period of 2 years;
| 19 | | (C) a pro forma business plan detailing an | 20 | | acquiring party's plans with
respect to the operation | 21 | | of the Health Maintenance Organization sought to
be | 22 | | acquired for a period of not less than 3 years; and
| 23 | | (D) such other information as the Director shall | 24 | | 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 by |
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| 1 | | any health maintenance
organization of greater than 10% of its
| 2 | | enrollee population (including without limitation the health | 3 | | maintenance
organization's right, title, and interest in and | 4 | | to its health care
certificates).
| 5 | | (e) In considering any management contract or service | 6 | | agreement subject
to Section 141.1 of the Illinois Insurance | 7 | | Code, the Director (i) shall, in
addition to the criteria | 8 | | specified in Section 141.2 of the Illinois
Insurance Code, | 9 | | take into account the effect of the management contract or
| 10 | | service agreement on the continuation of benefits to enrollees | 11 | | and the
financial condition of the health maintenance | 12 | | organization to be managed or
serviced, and (ii) need not take | 13 | | into account the effect of the management
contract or service | 14 | | agreement on competition.
| 15 | | (f) Except for small employer groups as defined in the | 16 | | Small Employer
Rating, Renewability and Portability Health | 17 | | Insurance Act and except for
medicare supplement policies as | 18 | | defined in Section 363 of the Illinois
Insurance Code, a | 19 | | Health Maintenance Organization may by contract agree with a
| 20 | | group or other enrollment unit to effect refunds or charge | 21 | | additional premiums
under the following terms and conditions:
| 22 | | (i) the amount of, and other terms and conditions with | 23 | | respect to, the
refund or additional premium are set forth | 24 | | in the group or enrollment unit
contract agreed in advance | 25 | | of the period for which a refund is to be paid or
| 26 | | additional premium is to be charged (which period shall |
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| 1 | | not be less than one
year); and
| 2 | | (ii) the amount of the refund or additional premium | 3 | | shall not exceed 20%
of the Health Maintenance | 4 | | Organization's profitable or unprofitable experience
with | 5 | | respect to the group or other enrollment unit for the | 6 | | period (and, for
purposes of a refund or additional | 7 | | premium, the profitable or unprofitable
experience shall | 8 | | be calculated taking into account a pro rata share of the
| 9 | | Health Maintenance Organization's administrative and | 10 | | marketing expenses, but
shall not include any refund to be | 11 | | made or additional premium to be paid
pursuant to this | 12 | | subsection (f)). The Health Maintenance Organization and | 13 | | the
group or enrollment unit may agree that the profitable | 14 | | or unprofitable
experience may be calculated taking into | 15 | | account the refund period and the
immediately preceding 2 | 16 | | plan years.
| 17 | | The Health Maintenance Organization shall include a | 18 | | statement in the
evidence of coverage issued to each enrollee | 19 | | describing the possibility of a
refund or additional premium, | 20 | | and upon request of any group or enrollment unit,
provide to | 21 | | the group or enrollment unit a description of the method used | 22 | | to
calculate (1) the Health Maintenance Organization's | 23 | | profitable experience with
respect to the group or enrollment | 24 | | unit and the resulting refund to the group
or enrollment unit | 25 | | or (2) the Health Maintenance Organization's unprofitable
| 26 | | experience with respect to the group or enrollment unit and |
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| 1 | | the resulting
additional premium to be paid by the group or | 2 | | enrollment unit.
| 3 | | In no event shall the Illinois Health Maintenance | 4 | | Organization
Guaranty Association be liable to pay any | 5 | | contractual obligation of an
insolvent organization to pay any | 6 | | refund authorized under this Section.
| 7 | | (g) Rulemaking authority to implement Public Act 95-1045, | 8 | | if any, is conditioned on the rules being adopted in | 9 | | accordance with all provisions of the Illinois Administrative | 10 | | Procedure Act and all rules and procedures of the Joint | 11 | | Committee on Administrative Rules; any purported rule not so | 12 | | adopted, for whatever reason, is unauthorized. | 13 | | (Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17; | 14 | | 100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff. | 15 | | 1-1-19; 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19; 101-81, | 16 | | eff. 7-12-19; 101-281, eff. 1-1-20; 101-371, eff. 1-1-20; | 17 | | 101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. | 18 | | 1-1-20; 101-625, eff. 1-1-21 .)
| 19 | | (215 ILCS 195/Act rep.) | 20 | | Section 15. The COVID-19 Medically Necessary Diagnostic | 21 | | Testing Act is repealed.".
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