Public Act 101-0625
 
SB0667 EnrolledLRB101 04428 SMS 49436 b



    AN ACT concerning regulation.

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






 
    Section 1. Findings. The General Assembly finds and 
declares that:
        (1) Diabetes affects approximately 1,300,000 adults in 
    Illinois (12.5% of the population);
        (2) Diabetes is the seventh leading cause of death 
    nationally and in Illinois;
        (3) The toll on the U.S. economy has increased by more 
    than 40% since 2007, costing the country $245,000,000,000 
    in 2012;
        (4) When someone has diabetes, the body either does not 
    make enough insulin or is unable to use its own insulin, 
    causing glucose levels to rise higher than normal in the 
    blood;
        (5) For people with Type 1 diabetes, near-constant 
    self-management of glucose levels is essential to prevent 
    life-threatening complications;
        (6) From 2012 to 2016, the average price of insulin 
    increased from 13 cents per unit to 25 cents per unit; 
    therefore,
    It is necessary for the State to enact laws to reduce the 
costs for Illinoisans with diabetes and increase their access 
to life-saving and life-sustaining insulin.
 
    Section 5. The State Employees Group Insurance Act of 1971 
is amended by changing Section 6.11 as follows:
 


    (5 ILCS 375/6.11)

    Sec. 6.11. Required health benefits; Illinois Insurance 
Code
requirements.  The program of health
benefits shall provide 
the post-mastectomy care benefits required to be covered
by a 
policy of accident and health insurance under Section 356t of 
the Illinois
Insurance Code.  The program of health benefits 
shall provide the coverage
required under Sections 356g, 
356g.5, 356g.5-1, 356m,
356u, 356w, 356x, 356z.2, 356z.4, 
356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 
356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, 356z.26, 
356z.29, 356z.30a, 356z.32, and 356z.33, 356z.36, and 356z.41 
of the
Illinois Insurance Code.
The program of health benefits 
must comply with Sections 155.22a, 155.37, 355b, 356z.19, 370c, 
and 370c.1, and Article XXXIIB of the
Illinois Insurance Code. 
The Department of Insurance shall enforce the requirements of 
this Section with respect to Sections 370c and 370c.1 of the 
Illinois Insurance Code; all other requirements of this Section 
shall be enforced by the Department of Central Management 
Services.

    Rulemaking authority to implement Public Act 95-1045, if 
any, is conditioned on the rules being adopted in accordance 
with all provisions of the Illinois Administrative Procedure 
Act and all rules and procedures of the Joint Committee on 
Administrative Rules; any purported rule not so adopted, for 
whatever reason, is unauthorized. 
(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17; 
100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff. 
1-1-19; 100-1102, eff. 1-1-19; 100-1170, eff. 6-1-19; 101-13, 
eff. 6-12-19; 101-281, eff. 1-1-20; 101-393, eff. 1-1-20; 
101-452, eff. 1-1-20; 101-461, eff. 1-1-20; revised 10-16-19.)
 
    Section 15. The Counties Code is amended by changing 
Section 5-1069.3 as follows:
 
    (55 ILCS 5/5-1069.3)

    Sec. 5-1069.3. Required health benefits.   If a county, 
including a home
rule
county, is a self-insurer for purposes of 
providing health insurance coverage
for its employees, the 
coverage shall include coverage for the post-mastectomy
care 
benefits required to be covered by a policy of accident and 
health
insurance under Section 356t and the coverage required 
under Sections 356g, 356g.5, 356g.5-1, 356u,
356w, 356x, 
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 
356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 
356z.30a, and 356z.32, and 356z.33, 356z.36, and 356z.41 of
the 
Illinois Insurance Code. The coverage shall comply with 
Sections 155.22a, 355b, 356z.19, and 370c of
the Illinois 
Insurance Code.  The Department of Insurance shall enforce the 
requirements of this Section. The requirement that health 
benefits be covered
as provided in this Section is an
exclusive 
power and function of the State and is a denial and limitation 
under
Article VII, Section 6, subsection (h) of the Illinois 
Constitution.  A home
rule county to which this Section applies 
must comply with every provision of
this Section.


    Rulemaking authority to implement Public Act 95-1045, if 
any, is conditioned on the rules being adopted in accordance 
with all provisions of the Illinois Administrative Procedure 
Act and all rules and procedures of the Joint Committee on 
Administrative Rules; any purported rule not so adopted, for 
whatever reason, is unauthorized. 
(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17; 
100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff. 
1-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281, 
eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 
revised 10-16-19.)
 
    Section 20. The Illinois Municipal Code is amended by 
changing Section 10-4-2.3 as follows:
 
    (65 ILCS 5/10-4-2.3)

    Sec. 10-4-2.3. Required health benefits.   If a 
municipality, including a
home rule municipality, is a 
self-insurer for purposes of providing health
insurance 
coverage for its employees, the coverage shall include coverage 
for
the post-mastectomy care benefits required to be covered by 
a policy of
accident and health insurance under Section 356t 
and the coverage required
under Sections 356g, 356g.5, 
356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10, 
356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 
356z.26, 356z.29, 356z.30a, and 356z.32, and 356z.33, 356z.36, 
and 356z.41 of the Illinois
Insurance
Code. The coverage shall 
comply with Sections 155.22a, 355b, 356z.19, and 370c of
the 
Illinois Insurance Code.  The Department of Insurance shall 
enforce the requirements of this Section. The requirement that 
health
benefits be covered as provided in this is an exclusive 
power and function of
the State and is a denial and limitation 
under Article VII, Section 6,
subsection (h) of the Illinois 
Constitution.  A home rule municipality to which
this Section 
applies must comply with every provision of this Section.


    Rulemaking authority to implement Public Act 95-1045, if 
any, is conditioned on the rules being adopted in accordance 
with all provisions of the Illinois Administrative Procedure 
Act and all rules and procedures of the Joint Committee on 
Administrative Rules; any purported rule not so adopted, for 
whatever reason, is unauthorized. 
(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17; 
100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff. 
1-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281, 
eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 
revised 10-16-19.)
 
    Section 25. The School Code is amended by changing Section 
10-22.3f as follows:
 
    (105 ILCS 5/10-22.3f)

    Sec. 10-22.3f. Required health benefits.   Insurance 
protection and
benefits
for employees shall provide the 
post-mastectomy care benefits required to be
covered by a 
policy of accident and health insurance under Section 356t and 
the
coverage required under Sections 356g, 356g.5, 356g.5-1, 
356u, 356w, 356x,

356z.6, 356z.8, 356z.9, 356z.11, 356z.12, 
356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 
356z.30a, and 356z.32, and 356z.33, 356z.36, and 356z.41 of
the

Illinois Insurance Code.
Insurance policies shall comply with 
Section 356z.19 of the Illinois Insurance Code. The coverage 
shall comply with Sections 155.22a, 355b, and 370c  of
the 
Illinois Insurance Code. The Department of Insurance shall 
enforce the requirements of this Section. 

    Rulemaking authority to implement Public Act 95-1045, if 
any, is conditioned on the rules being adopted in accordance 
with all provisions of the Illinois Administrative Procedure 
Act and all rules and procedures of the Joint Committee on 
Administrative Rules; any purported rule not so adopted, for 
whatever reason, is unauthorized. 
(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17; 
100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff. 
1-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281, 
eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 
revised 10-16-19.)
 
    Section 30. The Illinois Insurance Code is amended  by 
changing Section 356w and by adding Sections 356z.41 and 
356z.42 as follows:
 



    (215 ILCS 5/356w)



    Sec. 356w. Diabetes self-management training and 
education. 

    (a) A group policy of accident and health insurance that is 
amended,
delivered,
issued, or renewed after the
effective date 
of this amendatory Act of 1998 shall provide coverage for

outpatient self-management
training and education, equipment, 
and supplies, as set forth in this Section,
for the treatment 
of type 1 diabetes, type 2 diabetes, and gestational diabetes

mellitus.

    (b) As used in this Section:

    "Diabetes self-management training"
means instruction in 
an outpatient setting
which enables a diabetic patient to 
understand the diabetic management process
and daily 
management of
diabetic therapy as a means of avoiding frequent 
hospitalization and
complications.  Diabetes self-management 
training shall include
the content areas listed in the National 
Standards for Diabetes Self-Management
Education Programs as 
published by the American Diabetes Association, including

medical nutrition therapy and education programs, as defined by 
the contract of insurance, that allow the patient to maintain 
an A1c level within the range identified in nationally 
recognized standards of care.

    "Medical nutrition therapy" shall have the meaning

ascribed to that term in the Dietitian Nutritionist
Practice 
Act.

    "Physician" means a
physician licensed to practice 
medicine in all of
its branches providing care to the 
individual.

    "Qualified provider" for an
individual that is enrolled in:


        (1) a health maintenance organization that uses a

    primary
care physician to
control access to specialty care 
    means (A) the individual's primary care
physician licensed 
    to practice
medicine in all of its branches, (B) a 
    physician licensed to practice
medicine in all of its 
    branches to
whom the individual has been referred by the 
    primary care physician, or (C) a
certified, registered, or

    licensed network health care professional with expertise 
    in diabetes management
to whom the individual
has been 
    referred by the primary care physician.


        (2) an insurance plan
means (A) a physician licensed to 
    practice medicine in
all of its branches or (B) a

    certified, registered, or licensed health care 
    professional with expertise in
diabetes management to whom 
    the individual has been referred by a physician.

    (c) Coverage under this Section for diabetes 
self-management training,
including medical nutrition

education, shall be limited to the following:


        (1) Up to 3 medically necessary visits to a qualified 
    provider upon
initial diagnosis of diabetes
by the 
    patient's
physician or, if diagnosis of diabetes was made 
    within one year prior to the
effective date of
this 
    amendatory Act
of 1998 where the insured was a covered 
    individual, up to 3 medically necessary
visits to a 
    qualified provider within one
year after that
effective

    date.


        (2) Up to 2 medically necessary visits to a qualified 
    provider upon a
determination by a
patient's
physician that 
    a significant change in the patient's symptoms or medical

    condition has
occurred.  A "significant change" in 
    condition means symptomatic
hyperglycemia (greater than 
    250 mg/dl on repeated occasions), severe
hypoglycemia 
    (requiring the assistance of another person), onset or 
    progression
of diabetes, or a significant change in medical 
    condition that would require a
significantly different 
    treatment regimen.

    Payment by the  insurer or health maintenance organization 
for the coverage
required for diabetes self-management 
training pursuant to the provisions of
this Section is only 
required to be made for services provided.
No coverage is 
required for additional visits beyond those specified in items

(1) and (2) of this subsection.

    Coverage under this subsection (c) for diabetes 
self-management training
shall
be subject to the same

deductible, co-payment, and co-insurance provisions that apply 
to coverage
under
the policy for other
services provided by the 
same type of provider.

    (d) Coverage shall be provided for the following
equipment 
when medically necessary
and prescribed by a physician licensed 
to practice medicine in all
of its branches.
Coverage for the 
following items shall be subject to deductible, co-payment
and 
co-insurance provisions
provided for under the policy or a 
durable medical equipment rider to the
policy:


        (1) blood glucose monitors;


        (2) blood glucose monitors for the legally blind;


        (3) cartridges for the legally blind; and


        (4) lancets and lancing devices.

    This subsection does not apply to a group policy of 
accident and health
insurance that does not provide a durable 
medical equipment benefit.

    (e) Coverage shall be provided for the following 
pharmaceuticals and
supplies when
medically necessary and 
prescribed by a physician licensed to
practice medicine in all 
of its
branches.
Coverage for the following items shall be 
subject to the same coverage,
deductible,
co-payment, and 
co-insurance
provisions under the policy or a drug rider to the 
policy, except as otherwise provided for under Section 356z.41:


        (1) insulin;


        (2) syringes and needles;


        (3) test strips for glucose monitors;


        (4) FDA approved oral agents used to control blood 
    sugar; and


        (5) glucagon emergency kits.

    This subsection does not apply to a group policy of 
accident and health
insurance that does not provide a drug 
benefit.

    (f) Coverage shall be provided for regular foot care exams 
by a
physician or by a
physician to whom a physician has 
referred the patient.  Coverage
for regular foot care exams

shall be subject to the same deductible, co-payment, and 
co-insurance
provisions
that apply under the policy for
other 
services provided by the same type of provider.

    (g) If authorized by a physician, diabetes self-management

training may be provided as a part of an office visit, group 
setting, or home
visit.

    (h) This Section shall not apply to agreements, contracts, 
or policies that
provide coverage for a specified diagnosis or 
other limited benefit coverage.

(Source: P.A. 97-281, eff. 1-1-12; 97-1141, eff. 12-28-12.)

 
    (215 ILCS 5/356z.41 new)
    Sec. 356z.41. Cost sharing in prescription insulin drugs; 
limits; confidentiality of rebate information. 
    (a) As used in this Section, "prescription insulin drug" 
means a prescription drug that contains insulin and is used to 
control blood glucose levels to treat diabetes but does not 
include an insulin drug that is
administered to a patient 
intravenously.
    (b) This Section applies to a group or individual policy of 
accident and health insurance amended, delivered, issued, or 
renewed on or after the effective date of this amendatory Act 
of the 101st General Assembly. 
    (c) An insurer that provides coverage for prescription 
insulin drugs pursuant to the terms of a health coverage plan 
the insurer offers shall limit the total amount that an insured 
is required to pay for a 30-day supply of covered prescription 
insulin drugs at an amount not to exceed $100, regardless of 
the quantity or type of covered prescription insulin drug used 
to fill the insured's prescription.
    (d) Nothing in this Section prevents an insurer from 
reducing an insured's cost sharing by an amount greater than 
the amount specified in subsection (c).
    (e) The Director may use any of the Director's enforcement 
powers to obtain an insurer's compliance with this Section.
    (f) The Department may adopt rules as necessary to 
implement and administer this Section and to align it with 
federal requirements.
    (g) On January 1 of each year, the limit on the amount that 
an insured is required to pay for a 30-day supply of a covered 
prescription insulin drug shall increase by a percentage equal 
to the percentage change from the preceding year in the medical 
care component of the Consumer Price Index of the Bureau of 
Labor Statistics of the United States Department of Labor.
 
    (215 ILCS 5/356z.42 new)
    Sec. 356z.42. Insulin pricing report. By November 1, 2020, 
the Department of Insurance in conjunction with the Department 
of Human Services and the Department of Healthcare and Family 
Services shall make available to the public a report that 
details each Department's findings for the following:
    (1) a summary of insulin pricing practices and variables 
that contribute to pricing of health coverage plans;
    (2) public policy recommendations to control and prevent 
overpricing of prescription insulin drugs made available to 
Illinois consumers;
and
    (3) any other information the Department finds necessary.
    This Section is repealed December 31, 2020.

 
    Section 35. The Health Maintenance Organization Act is 
amended by changing Section 5-3 as follows:
 


    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)


    Sec. 5-3. Insurance Code provisions. 

    (a) Health Maintenance Organizations
shall be subject to 
the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,

141.2, 141.3, 143, 143c, 147, 148, 149, 151,
152, 153, 154, 
154.5, 154.6,
154.7, 154.8, 155.04, 155.22a, 355.2, 355.3, 
355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y,
356z.2, 356z.4, 
356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 
356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19, 
356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 
356z.30a, 356z.32, 356z.33, 356z.35, 356z.36, 356z.41, 364, 
364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, 368e, 
370c,
370c.1, 401, 401.1, 402, 403, 403A,
408, 408.2, 409, 412, 
444,
and
444.1,
paragraph (c) of subsection (2) of Section 367, 
and Articles IIA, VIII 1/2,
XII,
XII 1/2, XIII, XIII 1/2, XXV, 
XXVI, and XXXIIB of the Illinois Insurance Code.

    (b) For purposes of the Illinois Insurance Code, except for 
Sections 444
and 444.1 and Articles XIII and XIII 1/2, Health 
Maintenance Organizations in
the following categories are 
deemed to be "domestic companies":

        (1) a corporation authorized under the
Dental Service 
    Plan Act or the Voluntary Health Services Plans Act;

        (2) a corporation organized under the laws of this 
    State; or

        (3) a corporation organized under the laws of another 
    state, 30% or more
of the enrollees of which are residents 
    of this State, except a
corporation subject to 
    substantially the same requirements in its state of

    organization as is a "domestic company" under Article VIII 
    1/2 of the
Illinois Insurance Code.

    (c) In considering the merger, consolidation, or other 
acquisition of
control of a Health Maintenance Organization 
pursuant to Article VIII 1/2
of the Illinois Insurance Code,

        (1) the Director shall give primary consideration to 
    the continuation of
benefits to enrollees and the financial 
    conditions of the acquired Health
Maintenance Organization 
    after the merger, consolidation, or other
acquisition of 
    control takes effect;

        (2)(i) the criteria specified in subsection (1)(b) of 
    Section 131.8 of
the Illinois Insurance Code shall not 
    apply and (ii) the Director, in making
his determination 
    with respect to the merger, consolidation, or other

    acquisition of control, need not take into account the 
    effect on
competition of the merger, consolidation, or 
    other acquisition of control;

        (3) the Director shall have the power to require the 
    following
information:

            (A) certification by an independent actuary of the 
        adequacy
of the reserves of the Health Maintenance 
        Organization sought to be acquired;

            (B) pro forma financial statements reflecting the 
        combined balance
sheets of the acquiring company and 
        the Health Maintenance Organization sought
to be 
        acquired as of the end of the preceding year and as of 
        a date 90 days
prior to the acquisition, as well as pro 
        forma financial statements
reflecting projected 
        combined operation for a period of 2 years;

            (C) a pro forma business plan detailing an 
        acquiring party's plans with
respect to the operation 
        of the Health Maintenance Organization sought to
be 
        acquired for a period of not less than 3 years; and

            (D) such other information as the Director shall 
        require.

    (d) The provisions of Article VIII 1/2 of the Illinois 
Insurance Code
and this Section 5-3 shall apply to the sale by 
any health maintenance
organization of greater than 10% of its

enrollee population (including without limitation the health 
maintenance
organization's right, title, and interest in and to 
its health care
certificates).

    (e) In considering any management contract or service 
agreement subject
to Section 141.1 of the Illinois Insurance 
Code, the Director (i) shall, in
addition to the criteria 
specified in Section 141.2 of the Illinois
Insurance Code, take 
into account the effect of the management contract or
service 
agreement on the continuation of benefits to enrollees and the

financial condition of the health maintenance organization to 
be managed or
serviced, and (ii) need not take into account the 
effect of the management
contract or service agreement on 
competition.

    (f) Except for small employer groups as defined in the 
Small Employer
Rating, Renewability and Portability Health 
Insurance Act and except for
medicare supplement policies as 
defined in Section 363 of the Illinois
Insurance Code, a Health 
Maintenance Organization may by contract agree with a
group or 
other enrollment unit to effect refunds or charge additional 
premiums
under the following terms and conditions:

        (i) the amount of, and other terms and conditions with 
    respect to, the
refund or additional premium are set forth 
    in the group or enrollment unit
contract agreed in advance 
    of the period for which a refund is to be paid or

    additional premium is to be charged (which period shall not 
    be less than one
year); and

        (ii) the amount of the refund or additional premium 
    shall not exceed 20%
of the Health Maintenance 
    Organization's profitable or unprofitable experience
with 
    respect to the group or other enrollment unit for the 
    period (and, for
purposes of a refund or additional 
    premium, the profitable or unprofitable
experience shall 
    be calculated taking into account a pro rata share of the

    Health Maintenance Organization's administrative and 
    marketing expenses, but
shall not include any refund to be 
    made or additional premium to be paid
pursuant to this 
    subsection (f)).  The Health Maintenance Organization and 
    the
group or enrollment unit may agree that the profitable 
    or unprofitable
experience may be calculated taking into 
    account the refund period and the
immediately preceding 2 
    plan years.

    The Health Maintenance Organization shall include a 
statement in the
evidence of coverage issued to each enrollee 
describing the possibility of a
refund or additional premium, 
and upon request of any group or enrollment unit,
provide to 
the group or enrollment unit a description of the method used 
to
calculate (1) the Health Maintenance Organization's 
profitable experience with
respect to the group or enrollment 
unit and the resulting refund to the group
or enrollment unit 
or (2) the Health Maintenance Organization's unprofitable

experience with respect to the group or enrollment unit and the 
resulting
additional premium to be paid by the group or 
enrollment unit.

    In no event shall the Illinois Health Maintenance 
Organization
Guaranty Association be liable to pay any 
contractual obligation of an
insolvent organization to pay any 
refund authorized under this Section.

    (g) Rulemaking authority to implement Public Act 95-1045, 
if any, is conditioned on the rules being adopted in accordance 
with all provisions of the Illinois Administrative Procedure 
Act and all rules and procedures of the Joint Committee on 
Administrative Rules; any purported rule not so adopted, for 
whatever reason, is unauthorized. 
(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17; 
100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff. 
1-1-19; 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19; 101-81, 
eff. 7-12-19; 101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 
101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. 
1-1-20; revised 10-16-19.)
 
    Section 40. The Limited Health Service Organization Act is 
amended by changing Section 4003 as follows:
 


    (215 ILCS 130/4003)  (from Ch. 73, par. 1504-3)



    Sec. 4003. Illinois Insurance Code provisions. Limited 
health service
organizations shall be subject to the provisions 
of Sections 133, 134, 136, 137, 139,
140, 141.1, 141.2, 141.3, 
143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
154.6, 
154.7, 154.8, 155.04, 155.37, 355.2, 355.3, 355b, 356v, 
356z.10, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 
356z.30a, 356z.32, 356z.33, 356z.41, 368a, 401, 401.1,
402,

403, 403A, 408,
408.2, 409, 412, 444, and 444.1 and Articles 
IIA, VIII 1/2, XII, XII 1/2,
XIII,
XIII 1/2, XXV, and XXVI of 
the Illinois Insurance Code.  For purposes of the
Illinois 
Insurance Code, except for Sections 444 and 444.1 and Articles 
XIII
and XIII 1/2, limited health service organizations in the 
following categories
are deemed to be domestic companies:

        (1) a corporation under the laws of this State; or

        (2) a corporation organized under the laws of another 
    state, 30% or more
of the enrollees of which are residents 
    of this State, except a corporation
subject to 
    substantially the same requirements in its state of 
    organization as
is a domestic company under Article VIII 
    1/2 of the Illinois Insurance Code.

(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17; 
100-201, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1057, eff. 
1-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281, 
eff. 1-1-20; 101-393, eff. 1-1-20; revised 10-16-19.)




 
    Section 45. The Voluntary Health Services Plans Act is 
amended by changing Section 10 as follows:
 


    (215 ILCS 165/10)  (from Ch. 32, par. 604)

    Sec. 10. Application of Insurance Code provisions. Health 
services
plan corporations and all persons interested therein 
or dealing therewith
shall be subject to the provisions of 
Articles IIA and XII 1/2 and Sections
3.1, 133, 136, 139, 140, 
143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g, 
356g.5, 356g.5-1, 356r, 356t, 356u, 356v,
356w, 356x, 356y, 
356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 
356z.9,
356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 
356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 
356z.30, 356z.30a, 356z.32, 356z.33, 356z.41, 364.01, 367.2, 
368a, 401, 401.1,
402,
403, 403A, 408,
408.2, and 412, and 
paragraphs (7) and (15) of Section 367 of the Illinois

Insurance Code.

    Rulemaking authority to implement Public Act 95-1045, if 
any, is conditioned on the rules being adopted in accordance 
with all provisions of the Illinois Administrative Procedure 
Act and all rules and procedures of the Joint Committee on 
Administrative Rules; any purported rule not so adopted, for 
whatever reason, is unauthorized. 
(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17; 
100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff. 
1-1-19; 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19; 101-81, 
eff. 7-12-19; 101-281, eff. 1-1-20; 101-393, eff. 1-1-20; 
revised 10-16-19.)
 
    Section 99. Effective date. This Act takes effect January 
1, 2021, except that Section 356z.42 and this Section take 
effect upon becoming law.

Effective Date:  01/24/2020