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09600HB0631ham002 |
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LRB096 04319 RPM 24980 a |
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| Medical Sharing Trust offering any services other than those |
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| services offered by a Medical Sharing Trust that are regulated |
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| under any provision of the Illinois Insurance Code shall be |
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| required to comply with the Illinois Insurance Code with |
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| respect to the provision of those services. |
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| Section 15. Registration requirements for a Medical |
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| Sharing Trust. No Medical Sharing Trust shall be offered, |
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| issued, sold, or solicited to participants in this State as |
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| exempt under Section 10 of this Act unless the Medical Sharing |
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| Trust has complied with all requirements set forth in Sections |
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| 5 and 20 of this Act and submitted all of the following to the |
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| Attorney General: |
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| (1) The name of the Medical Sharing Trust. |
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| (2) A list identifying the Medical Sharing Trust's |
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| executive officer or officers directly responsible for the |
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| Medical Sharing Trust's business. |
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| (3) The name and address of the Medical Sharing Trust's |
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| agent for service of process in this State, if other than |
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| the Medical Sharing Trust. |
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| (4) A true and accurate copy of all forms used for |
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| participants' application and agreements with the |
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| organization. |
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| (5) A certified copy of its Certificate of Authority to |
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| do business from the Illinois Secretary of State. |
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| (6) Proof that the Medical Sharing Trust is controlled |
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09600HB0631ham002 |
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LRB096 04319 RPM 24980 a |
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| by a board of directors, the majority of which is elected |
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| by the members of the Medical Sharing Trust.
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| Section 20. Operation of a Medical Sharing Trust. |
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| (a) A Medical Sharing Trust may facilitate payments between |
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| participants who have present medical needs and participants |
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| with the ability to pay for the benefits of those participants |
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| in need. A Medical Sharing Trust is prohibited from assuming |
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| liability for or guaranteeing payment of any medical expenses. |
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| (b) All participants shall execute a release stating that |
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| no other participants or the Medical Sharing Trust shall be |
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| legally obligated in any way to pay for a medical need. |
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| (c) A Medical Sharing Trust may facilitate the payments |
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| provided for in paragraph (a) of this Section 20 through |
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| payments made directly from one participant to another. |
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| (d) A Medical Sharing Trust may cancel the membership of a |
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| participant when that participant indicates their |
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| unwillingness to participate by failing to make a payment to |
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| another participant for a period in excess of 60 days. |
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| (e) A Medical Sharing Trust may establish qualifications of |
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| participation relating to the health of the prospective |
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| participant. |
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| (f) A Medical Sharing Trust may establish qualifications as |
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| to the participants' physical or medical needs necessary for |
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| eligibility for payment among the participants. |
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| (g) A Medical Sharing Trust shall provide the following |
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09600HB0631ham002 |
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LRB096 04319 RPM 24980 a |
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| verbatim written disclaimer on all applications for membership |
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| or participation: |
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| "WARNING: This organization is not insurance or an |
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| insurance policy nor is it offered through an insurance |
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| company. Whether anyone chooses to assist you with your |
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| medical bills will be totally voluntary, as no other member |
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| will be compelled by law to contribute toward your medical |
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| bills. As such, this organization should never be |
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| considered to be providing insurance. Whether you receive |
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| any payments for medical expenses and whether or not this |
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| organization continues to operate, you are always |
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| personally responsible for the payment of your own medical |
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| bills. This organization is not subject to the regulatory |
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| requirements of the Illinois Insurance Code.". |
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| (h) A Medical Sharing Trust shall provide to its |
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| participants, within 30 days of enrollment, a complete set of |
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| its rules for the sharing of needs, appeals of decisions made |
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| by the Medical Sharing Trust, and the filing of complaints in |
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| the participant's native language if requested by the |
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| participant.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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