State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]

91_HB0382eng

 
HB0382 Engrossed                               LRB9100759JSpc

 1        AN  ACT concerning health benefit notices, amending named
 2    Acts.

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

 5        Section  5.   The  State Employees Group Insurance Act of
 6    1971 is amended by adding Section 6.12 as follows:

 7        (5 ILCS 375/6.12 new)
 8        Sec.  6.12.  Benefit  notices.  The  program  of   health
 9    benefits  shall  provide  the  benefit  payment or department
10    responsible  for  resolving  disputes  and   denial   notices
11    required under Section 155.36 of the Illinois Insurance Code.
12    

13        Section  10.  The State Mandates Act is amended by adding
14    Section 8.23 as follows:

15        (30 ILCS 805/8.23 new)
16        Sec. 8.23.  Exempt mandate.  Notwithstanding  Sections  6
17    and  8 of this Act, no reimbursement by the State is required
18    for  the  implementation  of  any  mandate  created  by  this
19    amendatory Act of 1999.

20        Section 15.  The  Counties  Code  is  amended  by  adding
21    Section 5-1069.4 as follows:

22        (55 ILCS 5/5-1069.4 new)
23        Sec.  5-1069.4.  Health  benefit  notices.  If  a county,
24    including a home rule county, is a self-insurer for  purposes
25    of providing health insurance coverage for its employees, the
26    county  must  provide  benefit  payment and denial notices as
27    required under Section 155.36 of the Illinois Insurance Code.
 
HB0382 Engrossed            -2-                LRB9100759JSpc
 1    The requirement that benefit payment and  denial  notices  be
 2    provided  in  accordance  with  this  Section is an exclusive
 3    power  and  function  of  the  State  and  is  a  denial  and
 4    limitation under Article VII, Section 6,  subsection  (h)  of
 5    the  Illinois Constitution.  A home rule county to which this
 6    Section applies must comply  with  every  provision  of  this
 7    Section.

 8        Section  20.   The  Illinois Municipal Code is amended by
 9    adding Section 10-4-2.4 as follows:

10        (65 ILCS 5/10-4-2.4 new)
11        Sec.   10-4-2.4.  Health   benefit   notices.     If    a
12    municipality,  including  a  home  rule  municipality,  is  a
13    self-insurer  for  purposes  of  providing  health  insurance
14    coverage  for  its  employees,  the municipality must provide
15    benefit payment and denial notices as required under  Section
16    155.36  of the Illinois Insurance Code.  The requirement that
17    benefit payment and denial notices be provided in  accordance
18    with  this  Section is an exclusive power and function of the
19    State and is a  denial  and  limitation  under  Article  VII,
20    Section  6,  subsection  (h) of the Illinois Constitution.  A
21    home rule municipality to which  this  Section  applies  must
22    comply with every provision of this Section.

23        Section 25.  The School Code is amended by adding Section
24    10-22.3g as follows:

25        (105 ILCS 5/10-22.3g new)
26        Sec.   10-22.3g.  Health   benefit   notices.   Insurance
27    protection and  benefits  for  employees  shall  provide  the
28    benefit  payment  and  denial  notices required under Section
29    155.36 of the Illinois Insurance Code.
 
HB0382 Engrossed            -3-                LRB9100759JSpc
 1        Section 30.  The Illinois Insurance Code  is  amended  by
 2    adding Sections 155.36 and 511.114 as follows:

 3        (215 ILCS 5/155.36 new)
 4        Sec. 155.36.  Benefit payment and denial notices.
 5        (a)  An  insurance company or managed care plan providing
 6    health care benefits shall provide its insureds and enrollees
 7    with detailed notices  of  benefit  payment  and  denial.   A
 8    notice   of   denial   shall  be  signed  by  the  individual
 9    responsible for denying payment and include  an  address  and
10    accessible  telephone  number  for the individual responsible
11    for denying payment.  In addition, a notice of  denial  shall
12    clearly  state  the procedures for appealing the denial.  The
13    insured or enrollee shall be given the opportunity to respond
14    to any denial and explain any discrepancies.
15        (b)  For the purposes of this Section "managed care plan"
16    has the meaning given that term in Section 356r of this Code.
17    

18        (215 ILCS 5/511.114 new)
19        Sec. 511.114.  Benefit payment and  denial  notices.   An
20    administrator  must  comply  with the requirements of Section
21    155.36 of this Code.

22        Section 35.  The Comprehensive Health Insurance Plan  Act
23    is amended by adding Section 8.7 as follows:

24        (215 ILCS 105/8.7 new)
25        Sec.  8.7.  Benefit  notices.  The plan is subject to the
26    provisions of Section 155.36 of the Illinois Insurance Code.

27        Section 40.  The Health Maintenance Organization  Act  is
28    amended by adding Section 4-6.6 as follows:
 
HB0382 Engrossed            -4-                LRB9100759JSpc
 1        (215 ILCS 125/4-6.6 new)
 2        Sec.   4-6.6.  Benefit  notices.   A  health  maintenance
 3    organization is subject to the provisions of  Section  155.36
 4    of the Illinois Insurance Code.

 5        Section  45.  The Limited Health Service Organization Act
 6    is amended by changing Section 4003 as follows:

 7        (215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
 8        Sec. 4003.  Illinois Insurance Code provisions.   Limited
 9    health   service   organizations  shall  be  subject  to  the
10    provisions of Sections 133,  134,  137,  140,  141.1,  141.2,
11    141.3,  143,  143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
12    154.6, 154.7, 154.8, 155.04, 155.36, 355.2, 356v, 401, 401.1,
13    402, 403, 403A, 408, 408.2, 409,  412,  444,  and  444.1  and
14    Articles  VIII  1/2,  XII,  XII 1/2, XIII, XIII 1/2, XXV, and
15    XXVI of the Illinois Insurance Code.   For  purposes  of  the
16    Illinois  Insurance  Code,  except for Sections 444 and 444.1
17    and Articles  XIII  and  XIII  1/2,  limited  health  service
18    organizations  in  the  following categories are deemed to be
19    domestic companies:
20             (1)  a corporation under the laws of this State; or
21             (2)  a  corporation  organized  under  the  laws  of
22        another state, 30% of more of the enrollees of which  are
23        residents  of this State, except a corporation subject to
24        substantially the  same  requirements  in  its  state  of
25        organization  as is a domestic company under Article VIII
26        1/2 of the Illinois Insurance Code.
27    (Source: P.A.  90-25,  eff.  1-1-98;  90-583,  eff.  5-29-98;
28    90-655, eff. 7-30-98.)

29        Section  50.  The Voluntary Health Services Plans Act  is
30    amended by changing Section 10 as follows:
 
HB0382 Engrossed            -5-                LRB9100759JSpc
 1        (215 ILCS 165/10) (from Ch. 32, par. 604)
 2        Sec.   10.  Application  of  Insurance  Code  provisions.
 3    Health services plan corporations and all persons  interested
 4    therein   or  dealing  therewith  shall  be  subject  to  the
 5    provisions of Article XII 1/2 and  Sections  3.1,  133,  140,
 6    143,  143c,  149, 155.36, 354, 355.2, 356r, 356t, 356u, 356v,
 7    356w, 356x, 367.2, 401, 401.1, 402, 403,  403A,  408,  408.2,
 8    and  412,  and  paragraphs (7) and (15) of Section 367 of the
 9    Illinois Insurance Code.
10    (Source: P.A.  89-514,  eff.  7-17-96;  90-7,  eff.  6-10-97;
11    90-25,  eff.  1-1-98;  90-655,  eff.  7-30-98;  90-741,  eff.
12    1-1-99.)

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