SB0667 EngrossedLRB101 04428 SMS 49436 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Findings. The General Assembly finds and
5declares that:
6        (1) Diabetes affects approximately 1,300,000 adults in
7    Illinois (12.5% of the population);
8        (2) Diabetes is the seventh leading cause of death
9    nationally and in Illinois;
10        (3) The toll on the U.S. economy has increased by more
11    than 40% since 2007, costing the country $245,000,000,000
12    in 2012;
13        (4) When someone has diabetes, the body either does not
14    make enough insulin or is unable to use its own insulin,
15    causing glucose levels to rise higher than normal in the
16    blood;
17        (5) For people with Type 1 diabetes, near-constant
18    self-management of glucose levels is essential to prevent
19    life-threatening complications;
20        (6) From 2012 to 2016, the average price of insulin
21    increased from 13 cents per unit to 25 cents per unit;
22    therefore,
23    It is necessary for the State to enact laws to reduce the
24costs for Illinoisans with diabetes and increase their access

 

 

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1to life-saving and life-sustaining insulin.
 
2    Section 5. The State Employees Group Insurance Act of 1971
3is amended by changing Section 6.11 as follows:
 
4    (5 ILCS 375/6.11)
5    Sec. 6.11. Required health benefits; Illinois Insurance
6Code requirements. The program of health benefits shall provide
7the post-mastectomy care benefits required to be covered by a
8policy of accident and health insurance under Section 356t of
9the Illinois Insurance Code. The program of health benefits
10shall provide the coverage required under Sections 356g,
11356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
12356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,
13356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, 356z.26,
14356z.29, 356z.30a, 356z.32, and 356z.33, 356z.36, and 356z.41
15of the Illinois Insurance Code. The program of health benefits
16must comply with Sections 155.22a, 155.37, 355b, 356z.19, 370c,
17and 370c.1, and Article XXXIIB of the Illinois Insurance Code.
18The Department of Insurance shall enforce the requirements of
19this Section with respect to Sections 370c and 370c.1 of the
20Illinois Insurance Code; all other requirements of this Section
21shall be enforced by the Department of Central Management
22Services.
23    Rulemaking authority to implement Public Act 95-1045, if
24any, is conditioned on the rules being adopted in accordance

 

 

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1with all provisions of the Illinois Administrative Procedure
2Act and all rules and procedures of the Joint Committee on
3Administrative Rules; any purported rule not so adopted, for
4whatever reason, is unauthorized.
5(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
6100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
71-1-19; 100-1102, eff. 1-1-19; 100-1170, eff. 6-1-19; 101-13,
8eff. 6-12-19; 101-281, eff. 1-1-20; 101-393, eff. 1-1-20;
9101-452, eff. 1-1-20; 101-461, eff. 1-1-20; revised 10-16-19.)
 
10    Section 10. The Attorney General Act is amended by adding
11Section 10 as follows:
 
12    (15 ILCS 205/10 new)
13    Sec. 10. Investigation of prescription insulin drug
14pricing; report.
15    (a) The Attorney General shall investigate pricing of
16prescription insulin drugs made available to Illinois
17consumers to ensure adequate consumer protections in the
18pricing of prescription insulin drugs and to determine whether
19additional consumer protections are needed.
20    (b) As part of the investigation, the Attorney General
21shall gather, compile, and analyze information concerning the
22organization, business practices, pricing information, data,
23reports, or other information that the Attorney General finds
24necessary to fulfill the requirements of this Section from

 

 

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1companies engaged in the manufacture or sale of prescription
2insulin drugs.
3    If necessary to fulfill the reporting requirements of this
4Section, the Attorney General may issue a civil investigative
5demand requiring a State Agency, insurer, pharmacy benefit
6manager, or manufacturer of prescription insulin drugs that are
7made available in Illinois to furnish material, answers, data,
8or other relevant information.
9    (c) A person or business shall not be compelled to provide
10trade secrets.
11    (d) By November 1, 2020, the Attorney General shall issue
12and make available to the public a report detailing the
13findings from the investigation conducted pursuant to this
14Section. The Attorney General shall present the report to the
15Governor, the Department of Insurance, and the Judiciary
16Committees of the Senate and House of Representatives or their
17successor Committees. The report must include the following:
18        (1) a summary of insulin pricing practices and
19    variables that contribute to pricing of health coverage
20    plans;
21        (2) public policy recommendations to control and
22    prevent overpricing of prescription insulin drugs made
23    available to Illinois consumers;
24        (3) any recommendations for improvements to the
25    Consumer Fraud and Deceptive Business Practices Act; and
26        (4) any other information the Attorney General finds

 

 

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1    necessary.
2    (e) This Section is repealed on December 1, 2020.
 
3    Section 15. The Counties Code is amended by changing
4Section 5-1069.3 as follows:
 
5    (55 ILCS 5/5-1069.3)
6    Sec. 5-1069.3. Required health benefits. If a county,
7including a home rule county, is a self-insurer for purposes of
8providing health insurance coverage for its employees, the
9coverage shall include coverage for the post-mastectomy care
10benefits required to be covered by a policy of accident and
11health insurance under Section 356t and the coverage required
12under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,
13356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
14356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
15356z.30a, and 356z.32, and 356z.33, 356z.36, and 356z.41 of the
16Illinois Insurance Code. The coverage shall comply with
17Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
18Insurance Code. The Department of Insurance shall enforce the
19requirements of this Section. The requirement that health
20benefits be covered as provided in this Section is an exclusive
21power and function of the State and is a denial and limitation
22under Article VII, Section 6, subsection (h) of the Illinois
23Constitution. A home rule county to which this Section applies
24must comply with every provision of this Section.

 

 

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1    Rulemaking authority to implement Public Act 95-1045, if
2any, is conditioned on the rules being adopted in accordance
3with all provisions of the Illinois Administrative Procedure
4Act and all rules and procedures of the Joint Committee on
5Administrative Rules; any purported rule not so adopted, for
6whatever reason, is unauthorized.
7(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
8100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
91-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
10eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20;
11revised 10-16-19.)
 
12    Section 20. The Illinois Municipal Code is amended by
13changing Section 10-4-2.3 as follows:
 
14    (65 ILCS 5/10-4-2.3)
15    Sec. 10-4-2.3. Required health benefits. If a
16municipality, including a home rule municipality, is a
17self-insurer for purposes of providing health insurance
18coverage for its employees, the coverage shall include coverage
19for the post-mastectomy care benefits required to be covered by
20a policy of accident and health insurance under Section 356t
21and the coverage required under Sections 356g, 356g.5,
22356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10,
23356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25,
24356z.26, 356z.29, 356z.30a, and 356z.32, and 356z.33, 356z.36,

 

 

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1and 356z.41 of the Illinois Insurance Code. The coverage shall
2comply with Sections 155.22a, 355b, 356z.19, and 370c of the
3Illinois Insurance Code. The Department of Insurance shall
4enforce the requirements of this Section. The requirement that
5health benefits be covered as provided in this is an exclusive
6power and function of the State and is a denial and limitation
7under Article VII, Section 6, subsection (h) of the Illinois
8Constitution. A home rule municipality to which this Section
9applies must comply with every provision of this Section.
10    Rulemaking authority to implement Public Act 95-1045, if
11any, is conditioned on the rules being adopted in accordance
12with all provisions of the Illinois Administrative Procedure
13Act and all rules and procedures of the Joint Committee on
14Administrative Rules; any purported rule not so adopted, for
15whatever reason, is unauthorized.
16(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
17100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
181-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
19eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20;
20revised 10-16-19.)
 
21    Section 25. The School Code is amended by changing Section
2210-22.3f as follows:
 
23    (105 ILCS 5/10-22.3f)
24    Sec. 10-22.3f. Required health benefits. Insurance

 

 

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1protection and benefits for employees shall provide the
2post-mastectomy care benefits required to be covered by a
3policy of accident and health insurance under Section 356t and
4the coverage required under Sections 356g, 356g.5, 356g.5-1,
5356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.11, 356z.12,
6356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
7356z.30a, and 356z.32, and 356z.33, 356z.36, and 356z.41 of the
8Illinois Insurance Code. Insurance policies shall comply with
9Section 356z.19 of the Illinois Insurance Code. The coverage
10shall comply with Sections 155.22a, 355b, and 370c of the
11Illinois Insurance Code. The Department of Insurance shall
12enforce the requirements of this Section.
13    Rulemaking authority to implement Public Act 95-1045, if
14any, is conditioned on the rules being adopted in accordance
15with all provisions of the Illinois Administrative Procedure
16Act and all rules and procedures of the Joint Committee on
17Administrative Rules; any purported rule not so adopted, for
18whatever reason, is unauthorized.
19(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
20100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
211-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
22eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20;
23revised 10-16-19.)
 
24    Section 30. The Illinois Insurance Code is amended by
25changing Section 356w and by adding Section 356z.41 as follows:
 

 

 

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1    (215 ILCS 5/356w)
2    Sec. 356w. Diabetes self-management training and
3education.
4    (a) A group policy of accident and health insurance that is
5amended, delivered, issued, or renewed after the effective date
6of this amendatory Act of 1998 shall provide coverage for
7outpatient self-management training and education, equipment,
8and supplies, as set forth in this Section, for the treatment
9of type 1 diabetes, type 2 diabetes, and gestational diabetes
10mellitus.
11    (b) As used in this Section:
12    "Diabetes self-management training" means instruction in
13an outpatient setting which enables a diabetic patient to
14understand the diabetic management process and daily
15management of diabetic therapy as a means of avoiding frequent
16hospitalization and complications. Diabetes self-management
17training shall include the content areas listed in the National
18Standards for Diabetes Self-Management Education Programs as
19published by the American Diabetes Association, including
20medical nutrition therapy and education programs, as defined by
21the contract of insurance, that allow the patient to maintain
22an A1c level within the range identified in nationally
23recognized standards of care.
24    "Medical nutrition therapy" shall have the meaning
25ascribed to that term in the Dietitian Nutritionist Practice

 

 

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1Act.
2    "Physician" means a physician licensed to practice
3medicine in all of its branches providing care to the
4individual.
5    "Qualified provider" for an individual that is enrolled in:
6        (1) a health maintenance organization that uses a
7    primary care physician to control access to specialty care
8    means (A) the individual's primary care physician licensed
9    to practice medicine in all of its branches, (B) a
10    physician licensed to practice medicine in all of its
11    branches to whom the individual has been referred by the
12    primary care physician, or (C) a certified, registered, or
13    licensed network health care professional with expertise
14    in diabetes management to whom the individual has been
15    referred by the primary care physician.
16        (2) an insurance plan means (A) a physician licensed to
17    practice medicine in all of its branches or (B) a
18    certified, registered, or licensed health care
19    professional with expertise in diabetes management to whom
20    the individual has been referred by a physician.
21    (c) Coverage under this Section for diabetes
22self-management training, including medical nutrition
23education, shall be limited to the following:
24        (1) Up to 3 medically necessary visits to a qualified
25    provider upon initial diagnosis of diabetes by the
26    patient's physician or, if diagnosis of diabetes was made

 

 

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1    within one year prior to the effective date of this
2    amendatory Act of 1998 where the insured was a covered
3    individual, up to 3 medically necessary visits to a
4    qualified provider within one year after that effective
5    date.
6        (2) Up to 2 medically necessary visits to a qualified
7    provider upon a determination by a patient's physician that
8    a significant change in the patient's symptoms or medical
9    condition has occurred. A "significant change" in
10    condition means symptomatic hyperglycemia (greater than
11    250 mg/dl on repeated occasions), severe hypoglycemia
12    (requiring the assistance of another person), onset or
13    progression of diabetes, or a significant change in medical
14    condition that would require a significantly different
15    treatment regimen.
16    Payment by the insurer or health maintenance organization
17for the coverage required for diabetes self-management
18training pursuant to the provisions of this Section is only
19required to be made for services provided. No coverage is
20required for additional visits beyond those specified in items
21(1) and (2) of this subsection.
22    Coverage under this subsection (c) for diabetes
23self-management training shall be subject to the same
24deductible, co-payment, and co-insurance provisions that apply
25to coverage under the policy for other services provided by the
26same type of provider.

 

 

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1    (d) Coverage shall be provided for the following equipment
2when medically necessary and prescribed by a physician licensed
3to practice medicine in all of its branches. Coverage for the
4following items shall be subject to deductible, co-payment and
5co-insurance provisions provided for under the policy or a
6durable medical equipment rider to the policy:
7        (1) blood glucose monitors;
8        (2) blood glucose monitors for the legally blind;
9        (3) cartridges for the legally blind; and
10        (4) lancets and lancing devices.
11    This subsection does not apply to a group policy of
12accident and health insurance that does not provide a durable
13medical equipment benefit.
14    (e) Coverage shall be provided for the following
15pharmaceuticals and supplies when medically necessary and
16prescribed by a physician licensed to practice medicine in all
17of its branches. Coverage for the following items shall be
18subject to the same coverage, deductible, co-payment, and
19co-insurance provisions under the policy or a drug rider to the
20policy, except as otherwise provided for under Section 356z.41:
21        (1) insulin;
22        (2) syringes and needles;
23        (3) test strips for glucose monitors;
24        (4) FDA approved oral agents used to control blood
25    sugar; and
26        (5) glucagon emergency kits.

 

 

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1    This subsection does not apply to a group policy of
2accident and health insurance that does not provide a drug
3benefit.
4    (f) Coverage shall be provided for regular foot care exams
5by a physician or by a physician to whom a physician has
6referred the patient. Coverage for regular foot care exams
7shall be subject to the same deductible, co-payment, and
8co-insurance provisions that apply under the policy for other
9services provided by the same type of provider.
10    (g) If authorized by a physician, diabetes self-management
11training may be provided as a part of an office visit, group
12setting, or home visit.
13    (h) This Section shall not apply to agreements, contracts,
14or policies that provide coverage for a specified diagnosis or
15other limited benefit coverage.
16(Source: P.A. 97-281, eff. 1-1-12; 97-1141, eff. 12-28-12.)
 
17    (215 ILCS 5/356z.41 new)
18    Sec. 356z.41. Cost sharing in prescription insulin drugs;
19limits; confidentiality of rebate information.
20    (a) As used in this Section, "prescription insulin drug"
21means a prescription drug that contains insulin and is used to
22treat diabetes but does not include an insulin drug that is
23administered to a patient intravenously.
24    (b) This Section applies to a group or individual policy of
25accident and health insurance amended, delivered, issued, or

 

 

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1renewed on or after the effective date of this amendatory Act
2of the 101st General Assembly.
3    (c) An insurer that provides coverage for prescription
4insulin drugs pursuant to the terms of a health coverage plan
5the insurer offers shall limit the total amount that an insured
6is required to pay for a covered prescription insulin drug at
7an amount not to exceed $100 per 30-day supply of insulin,
8regardless of the amount or type of insulin needed to fill the
9insured's prescription.
10    (d) Nothing in this Section prevents an insurer from
11reducing an insured's cost sharing by an amount greater than
12the amount specified in subsection (c).
13    (e) The Director may use any of the Director's enforcement
14powers to obtain an insurer's compliance with this Section.
15    (f) The Department may adopt rules as necessary to
16implement and administer this Section and to align it with
17federal requirements.
 
18    Section 35. The Health Maintenance Organization Act is
19amended by changing Section 5-3 as follows:
 
20    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)
21    Sec. 5-3. Insurance Code provisions.
22    (a) Health Maintenance Organizations shall be subject to
23the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
24141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,

 

 

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1154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,
2355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4,
3356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
4356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19,
5356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30,
6356z.30a, 356z.32, 356z.33, 356z.35, 356z.36, 356z.41, 364,
7364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, 368e,
8370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412,
9444, and 444.1, paragraph (c) of subsection (2) of Section 367,
10and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV,
11XXVI, and XXXIIB of the Illinois Insurance Code.
12    (b) For purposes of the Illinois Insurance Code, except for
13Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
14Maintenance Organizations in the following categories are
15deemed to be "domestic companies":
16        (1) a corporation authorized under the Dental Service
17    Plan Act or the Voluntary Health Services Plans Act;
18        (2) a corporation organized under the laws of this
19    State; or
20        (3) a corporation organized under the laws of another
21    state, 30% or more of the enrollees of which are residents
22    of this State, except a corporation subject to
23    substantially the same requirements in its state of
24    organization as is a "domestic company" under Article VIII
25    1/2 of the Illinois Insurance Code.
26    (c) In considering the merger, consolidation, or other

 

 

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1acquisition of control of a Health Maintenance Organization
2pursuant to Article VIII 1/2 of the Illinois Insurance Code,
3        (1) the Director shall give primary consideration to
4    the continuation of benefits to enrollees and the financial
5    conditions of the acquired Health Maintenance Organization
6    after the merger, consolidation, or other acquisition of
7    control takes effect;
8        (2)(i) the criteria specified in subsection (1)(b) of
9    Section 131.8 of the Illinois Insurance Code shall not
10    apply and (ii) the Director, in making his determination
11    with respect to the merger, consolidation, or other
12    acquisition of control, need not take into account the
13    effect on competition of the merger, consolidation, or
14    other acquisition of control;
15        (3) the Director shall have the power to require the
16    following information:
17            (A) certification by an independent actuary of the
18        adequacy of the reserves of the Health Maintenance
19        Organization sought to be acquired;
20            (B) pro forma financial statements reflecting the
21        combined balance sheets of the acquiring company and
22        the Health Maintenance Organization sought to be
23        acquired as of the end of the preceding year and as of
24        a date 90 days prior to the acquisition, as well as pro
25        forma financial statements reflecting projected
26        combined operation for a period of 2 years;

 

 

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1            (C) a pro forma business plan detailing an
2        acquiring party's plans with respect to the operation
3        of the Health Maintenance Organization sought to be
4        acquired for a period of not less than 3 years; and
5            (D) such other information as the Director shall
6        require.
7    (d) The provisions of Article VIII 1/2 of the Illinois
8Insurance Code and this Section 5-3 shall apply to the sale by
9any health maintenance organization of greater than 10% of its
10enrollee population (including without limitation the health
11maintenance organization's right, title, and interest in and to
12its health care certificates).
13    (e) In considering any management contract or service
14agreement subject to Section 141.1 of the Illinois Insurance
15Code, the Director (i) shall, in addition to the criteria
16specified in Section 141.2 of the Illinois Insurance Code, take
17into account the effect of the management contract or service
18agreement on the continuation of benefits to enrollees and the
19financial condition of the health maintenance organization to
20be managed or serviced, and (ii) need not take into account the
21effect of the management contract or service agreement on
22competition.
23    (f) Except for small employer groups as defined in the
24Small Employer Rating, Renewability and Portability Health
25Insurance Act and except for medicare supplement policies as
26defined in Section 363 of the Illinois Insurance Code, a Health

 

 

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1Maintenance Organization may by contract agree with a group or
2other enrollment unit to effect refunds or charge additional
3premiums under the following terms and conditions:
4        (i) the amount of, and other terms and conditions with
5    respect to, the refund or additional premium are set forth
6    in the group or enrollment unit contract agreed in advance
7    of the period for which a refund is to be paid or
8    additional premium is to be charged (which period shall not
9    be less than one year); and
10        (ii) the amount of the refund or additional premium
11    shall not exceed 20% of the Health Maintenance
12    Organization's profitable or unprofitable experience with
13    respect to the group or other enrollment unit for the
14    period (and, for purposes of a refund or additional
15    premium, the profitable or unprofitable experience shall
16    be calculated taking into account a pro rata share of the
17    Health Maintenance Organization's administrative and
18    marketing expenses, but shall not include any refund to be
19    made or additional premium to be paid pursuant to this
20    subsection (f)). The Health Maintenance Organization and
21    the group or enrollment unit may agree that the profitable
22    or unprofitable experience may be calculated taking into
23    account the refund period and the immediately preceding 2
24    plan years.
25    The Health Maintenance Organization shall include a
26statement in the evidence of coverage issued to each enrollee

 

 

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1describing the possibility of a refund or additional premium,
2and upon request of any group or enrollment unit, provide to
3the group or enrollment unit a description of the method used
4to calculate (1) the Health Maintenance Organization's
5profitable experience with respect to the group or enrollment
6unit and the resulting refund to the group or enrollment unit
7or (2) the Health Maintenance Organization's unprofitable
8experience with respect to the group or enrollment unit and the
9resulting additional premium to be paid by the group or
10enrollment unit.
11    In no event shall the Illinois Health Maintenance
12Organization Guaranty Association be liable to pay any
13contractual obligation of an insolvent organization to pay any
14refund authorized under this Section.
15    (g) Rulemaking authority to implement Public Act 95-1045,
16if any, is conditioned on the rules being adopted in accordance
17with all provisions of the Illinois Administrative Procedure
18Act and all rules and procedures of the Joint Committee on
19Administrative Rules; any purported rule not so adopted, for
20whatever reason, is unauthorized.
21(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
22100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.
231-1-19; 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19; 101-81,
24eff. 7-12-19; 101-281, eff. 1-1-20; 101-371, eff. 1-1-20;
25101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
261-1-20; revised 10-16-19.)
 

 

 

SB0667 Engrossed- 20 -LRB101 04428 SMS 49436 b

1    Section 40. The Limited Health Service Organization Act is
2amended by changing Section 4003 as follows:
 
3    (215 ILCS 130/4003)  (from Ch. 73, par. 1504-3)
4    Sec. 4003. Illinois Insurance Code provisions. Limited
5health service organizations shall be subject to the provisions
6of Sections 133, 134, 136, 137, 139, 140, 141.1, 141.2, 141.3,
7143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6,
8154.7, 154.8, 155.04, 155.37, 355.2, 355.3, 355b, 356v,
9356z.10, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29,
10356z.30a, 356z.32, 356z.33, 356z.41, 368a, 401, 401.1, 402,
11403, 403A, 408, 408.2, 409, 412, 444, and 444.1 and Articles
12IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of
13the Illinois Insurance Code. For purposes of the Illinois
14Insurance Code, except for Sections 444 and 444.1 and Articles
15XIII and XIII 1/2, limited health service organizations in the
16following categories are deemed to be domestic companies:
17        (1) a corporation under the laws of this State; or
18        (2) a corporation organized under the laws of another
19    state, 30% or more of the enrollees of which are residents
20    of this State, except a corporation subject to
21    substantially the same requirements in its state of
22    organization as is a domestic company under Article VIII
23    1/2 of the Illinois Insurance Code.
24(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;

 

 

SB0667 Engrossed- 21 -LRB101 04428 SMS 49436 b

1100-201, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1057, eff.
21-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
3eff. 1-1-20; 101-393, eff. 1-1-20; revised 10-16-19.)
 
4    Section 45. The Voluntary Health Services Plans Act is
5amended by changing Section 10 as follows:
 
6    (215 ILCS 165/10)  (from Ch. 32, par. 604)
7    Sec. 10. Application of Insurance Code provisions. Health
8services plan corporations and all persons interested therein
9or dealing therewith shall be subject to the provisions of
10Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
11143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g,
12356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x, 356y,
13356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8,
14356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,
15356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29,
16356z.30, 356z.30a, 356z.32, 356z.33, 356z.41, 364.01, 367.2,
17368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and
18paragraphs (7) and (15) of Section 367 of the Illinois
19Insurance Code.
20    Rulemaking authority to implement Public Act 95-1045, if
21any, is conditioned on the rules being adopted in accordance
22with all provisions of the Illinois Administrative Procedure
23Act and all rules and procedures of the Joint Committee on
24Administrative Rules; any purported rule not so adopted, for

 

 

SB0667 Engrossed- 22 -LRB101 04428 SMS 49436 b

1whatever reason, is unauthorized.
2(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
3100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.
41-1-19; 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19; 101-81,
5eff. 7-12-19; 101-281, eff. 1-1-20; 101-393, eff. 1-1-20;
6revised 10-16-19.)
 
7    Section 99. Effective date. This Act takes effect January
81, 2021, except that Section 10 and this Section take effect
9upon becoming law.