Illinois General Assembly - Full Text of SB1365
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Full Text of SB1365  102nd General Assembly

SB1365sam001 102ND GENERAL ASSEMBLY

Sen. Sue Rezin

Filed: 4/13/2021

 

 


 

 


 
10200SB1365sam001LRB102 11139 RJF 24883 a

1
AMENDMENT TO SENATE BILL 1365

2    AMENDMENT NO. ______. Amend Senate Bill 1365 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Employees Group Insurance Act of
51971 is amended by adding Section 6.17 as follows:
 
6    (5 ILCS 375/6.17 new)
7    Sec. 6.17. Waiver application prohibitions.
8    (a) Notwithstanding any other law to the contrary, except
9as specified in subsection (b), the State shall not apply for
10any federal waiver that would reduce or eliminate any
11protection or coverage required under the Patient Protection
12and Affordable Care Act (Public Law 111-148) that was in
13effect on January 1, 2017, including, but not limited to, any
14protection for persons with pre-existing conditions and
15coverage for services identified as essential health benefits
16under the Patient Protection and Affordable Care Act.

 

 

10200SB1365sam001- 2 -LRB102 11139 RJF 24883 a

1    (b) The State or an agency of the executive branch may
2apply for such a waiver only if the General Assembly, by joint
3resolution approved by a majority of each chamber prior to the
4submission of such a waiver application to the U.S. Department
5of Health and Human Services, authorizes the State or an
6agency of the executive branch to apply for such a federal
7waiver.
 
8    Section 10. The Illinois Insurance Code is amended by
9adding Section 356z.43 as follows:
 
10    (215 ILCS 5/356z.43 new)
11    Sec. 356z.43. Waiver application prohibitions.
12    (a) Notwithstanding any other law to the contrary, except
13as specified in subsection (b), the State shall not apply for
14any federal waiver that would permit an individual or group
15health insurance plan to reduce or eliminate any protection or
16coverage required under the Patient Protection and Affordable
17Care Act (Public Law 111-148) that was in effect on January 1,
182017, including, but not limited to, any protection for
19persons with pre-existing conditions and coverage for services
20identified as essential health benefits under the Patient
21Protection and Affordable Care Act.
22    (b) The State or an agency of the executive branch may
23apply for such a waiver only if the General Assembly, by joint
24resolution approved by a majority of each chamber prior to the

 

 

10200SB1365sam001- 3 -LRB102 11139 RJF 24883 a

1submission of such a waiver application to the U.S. Department
2of Health and Human Services, authorizes the State or an
3agency of the executive branch to apply for such a federal
4waiver.
 
5    Section 15. The Illinois Public Aid Code is amended by
6adding Section 5-41 as follows:
 
7    (305 ILCS 5/5-41 new)
8    Sec. 5-41. Waiver application prohibitions.
9    (a) Notwithstanding any other law, except as specified in
10subsection (b), the State or an agency of the executive branch
11shall not apply for any federal Medicaid waiver that would
12result in more restrictive standards, methodologies,
13procedures, or other requirements than those that were in
14effect in Illinois as of January 1, 2017 for: (i) the Medical
15Assistance Program, as authorized under this Code and Title
16XIX of the Social Security Act; (ii) the Children's Health
17Insurance Program, as authorized under the Children's Health
18Insurance Program Act and Title XXI of the Social Security
19Act; or (iii) any other medical assistance program in Illinois
20that is operating under any existing federal waiver authorized
21under Section 1115 or Section 1915 of the Social Security Act.
22    (b) The State or an agency of the executive branch may
23apply for such a waiver only if the General Assembly, by joint
24resolution approved by a majority of each chamber prior to the

 

 

10200SB1365sam001- 4 -LRB102 11139 RJF 24883 a

1submission of such a waiver application to the U.S. Department
2of Health and Human Services, authorizes the State or an
3agency of the executive branch to apply for such a federal
4waiver.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".