HB4165eng 100TH GENERAL ASSEMBLY

HB4165 Engrossed LRB100 15528 KTG 30575 b

AN ACT concerning health care.

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

Section 1. The State Employees Group Insurance Act of 1971 is amended by adding Section 6.16 as follows:

(5 ILCS 375/6.16 new)

Sec. 6.16. Waiver application prohibitions.

(a) Notwithstanding any other law to the contrary, except as specified in subsection (b), the State shall not apply for any federal waiver that would reduce or eliminate any protection or coverage required under the Patient Protection and Affordable Care Act (Public Law 111-148) that was in effect on January 1, 2017, including, but not limited to, any protection for persons with pre-existing conditions and coverage for services identified as essential health benefits under the Patient Protection and Affordable Care Act.

(b) The State or an agency of the executive branch may apply for such a waiver only if the General Assembly, by joint resolution approved by a majority of each chamber prior to the submission of such a waiver application to the U.S. Department of Health and Human Services, authorizes the State or an agency of the executive branch to apply for such a federal waiver.

Section 5. The Illinois Insurance Code is amended by adding Section 356z.29 as follows:

(215 ILCS 5/356z.29 new)

Sec. 356z.29. Waiver application prohibitions.

(a) Notwithstanding any other law to the contrary, except as specified in subsection (b), the State shall not apply for any federal waiver that would permit an individual or group health insurance plan to reduce or eliminate any protection or coverage required under the Patient Protection and Affordable Care Act (Public Law 111-148) that was in effect on January 1, 2017, including, but not limited to, any protection for persons with pre-existing conditions and coverage for services identified as essential health benefits under the Patient Protection and Affordable Care Act.

(b) The State or an agency of the executive branch may apply for such a waiver only if the General Assembly, by joint resolution approved by a majority of each chamber prior to the submission of such a waiver application to the U.S. Department of Health and Human Services, authorizes the State or an agency of the executive branch to apply for such a federal waiver.

Section 10. The Illinois Public Aid Code is amended by adding Section 5-36 as follows:

(305 ILCS 5/5-36 new)

Sec. 5-36. Waiver application prohibitions.

(a) Notwithstanding any other law, except as specified in subsection (b), the State or an agency of the executive branch shall not apply for any federal Medicaid waiver that would result in more restrictive standards, methodologies, procedures, or other requirements than those that were in effect in Illinois as of January 1, 2017 for: (i) the Medical Assistance Program, as authorized under this Code and Title XIX of the Social Security Act; (ii) the Children's Health Insurance Program, as authorized under the Children's Health Insurance Program Act and Title XXI of the Social Security Act; or (iii) any other medical assistance program in Illinois that is operating under any existing federal waiver authorized under Section 1115 or Section 1915 of the Social Security Act.

(b) The State or an agency of the executive branch may apply for such a waiver only if the General Assembly, by joint resolution approved by a majority of each chamber prior to the submission of such a waiver application to the U.S. Department of Health and Human Services, authorizes the State or an agency of the executive branch to apply for such a federal waiver.

Section 99. Effective date. This Act takes effect upon becoming law.