102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3794

 

Introduced 2/22/2021, by Rep. Bradley Stephens

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 375/6.11
55 ILCS 5/5-1069.3
65 ILCS 5/10-4-2.3
105 ILCS 5/10-22.3f
215 ILCS 5/356w
215 ILCS 5/356z.43 new
215 ILCS 125/5-3  from Ch. 111 1/2, par. 1411.2
215 ILCS 130/4003  from Ch. 73, par. 1504-3
215 ILCS 165/10  from Ch. 32, par. 604

    Amends the Illinois Insurance Code. Provides that insurers that provide coverage for diabetic self-management supplies must limit the total amount an insured is required to pay for diabetic self-management supplies to $100 per 30-day supply of diabetic self-management supplies required by an insured with diabetes for diabetic self-management. Provides that the limitation on diabetic self-management supplies costs also applies to provisions requiring coverage of certain diabetes items to be subject to the same coverage, deductible, co-payment, and co-insurance provisions under a policy. Defines "diabetic self-management supplies". Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, and the Voluntary Health Services Plans Act. Effective January 1, 2022.


LRB102 04242 BMS 14260 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB3794LRB102 04242 BMS 14260 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 5. The State Employees Group Insurance Act of 1971
5is amended by changing Section 6.11 as follows:
 
6    (5 ILCS 375/6.11)
7    Sec. 6.11. Required health benefits; Illinois Insurance
8Code requirements. The program of health benefits shall
9provide the post-mastectomy care benefits required to be
10covered by a policy of accident and health insurance under
11Section 356t of the Illinois Insurance Code. The program of
12health benefits shall provide the coverage required under
13Sections 356g, 356g.5, 356g.5-1, 356m, 356u, 356w, 356x,
14356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
15356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
16356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
17356z.36, and 356z.41, and 356z.43 of the Illinois Insurance
18Code. The program of health benefits must comply with Sections
19155.22a, 155.37, 355b, 356z.19, 370c, and 370c.1 and Article
20XXXIIB of the Illinois Insurance Code. The Department of
21Insurance shall enforce the requirements of this Section with
22respect to Sections 370c and 370c.1 of the Illinois Insurance
23Code; all other requirements of this Section shall be enforced

 

 

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1by the Department of Central Management Services.
2    Rulemaking authority to implement Public Act 95-1045, if
3any, is conditioned on the rules being adopted in accordance
4with all provisions of the Illinois Administrative Procedure
5Act and all rules and procedures of the Joint Committee on
6Administrative Rules; any purported rule not so adopted, for
7whatever reason, is unauthorized.
8(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
9100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
101-1-19; 100-1102, eff. 1-1-19; 100-1170, eff. 6-1-19; 101-13,
11eff. 6-12-19; 101-281, eff. 1-1-20; 101-393, eff. 1-1-20;
12101-452, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
131-1-21.)
 
14    Section 10. The Counties Code is amended by changing
15Section 5-1069.3 as follows:
 
16    (55 ILCS 5/5-1069.3)
17    Sec. 5-1069.3. Required health benefits. If a county,
18including a home rule county, is a self-insurer for purposes
19of providing health insurance coverage for its employees, the
20coverage shall include coverage for the post-mastectomy care
21benefits required to be covered by a policy of accident and
22health insurance under Section 356t and the coverage required
23under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,
24356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,

 

 

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1356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
2356z.30a, 356z.32, 356z.33, 356z.36, and 356z.41, and 356z.43
3of the Illinois Insurance Code. The coverage shall comply with
4Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
5Insurance Code. The Department of Insurance shall enforce the
6requirements of this Section. The requirement that health
7benefits be covered as provided in this Section is an
8exclusive power and function of the State and is a denial and
9limitation under Article VII, Section 6, subsection (h) of the
10Illinois Constitution. A home rule county to which this
11Section applies must comply with every provision of this
12Section.
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;
23101-625, eff. 1-1-21.)
 
24    Section 15. The Illinois Municipal Code is amended by
25changing Section 10-4-2.3 as follows:
 

 

 

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1    (65 ILCS 5/10-4-2.3)
2    Sec. 10-4-2.3. Required health benefits. If a
3municipality, including a home rule municipality, is a
4self-insurer for purposes of providing health insurance
5coverage for its employees, the coverage shall include
6coverage for the post-mastectomy care benefits required to be
7covered by a policy of accident and health insurance under
8Section 356t and the coverage required under Sections 356g,
9356g.5, 356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9,
10356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22,
11356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
12356z.36, and 356z.41, and 356z.43 of the Illinois Insurance
13Code. The coverage shall comply with Sections 155.22a, 355b,
14356z.19, and 370c of the Illinois Insurance Code. The
15Department of Insurance shall enforce the requirements of this
16Section. The requirement that health benefits be covered as
17provided in this is an exclusive power and function of the
18State and is a denial and limitation under Article VII,
19Section 6, subsection (h) of the Illinois Constitution. A home
20rule municipality to which this Section applies must comply
21with every provision of this Section.
22    Rulemaking authority to implement Public Act 95-1045, if
23any, is conditioned on the rules being adopted in accordance
24with all provisions of the Illinois Administrative Procedure
25Act and all rules and procedures of the Joint Committee on

 

 

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1Administrative Rules; any purported rule not so adopted, for
2whatever reason, is unauthorized.
3(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
4100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
51-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
6eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20;
7101-625, eff. 1-1-21.)
 
8    Section 20. The School Code is amended by changing Section
910-22.3f as follows:
 
10    (105 ILCS 5/10-22.3f)
11    Sec. 10-22.3f. Required health benefits. Insurance
12protection and benefits for employees shall provide the
13post-mastectomy care benefits required to be covered by a
14policy of accident and health insurance under Section 356t and
15the coverage required under Sections 356g, 356g.5, 356g.5-1,
16356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.11, 356z.12,
17356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
18356z.30a, 356z.32, 356z.33, 356z.36, and 356z.41, and 356z.43
19of the Illinois Insurance Code. Insurance policies shall
20comply with Section 356z.19 of the Illinois Insurance Code.
21The coverage shall comply with Sections 155.22a, 355b, and
22370c of the Illinois Insurance Code. The Department of
23Insurance shall enforce the requirements of this Section.
24    Rulemaking authority to implement Public Act 95-1045, if

 

 

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1any, is conditioned on the rules being adopted in accordance
2with all provisions of the Illinois Administrative Procedure
3Act and all rules and procedures of the Joint Committee on
4Administrative Rules; any purported rule not so adopted, for
5whatever reason, is unauthorized.
6(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
7100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
81-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
9eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20;
10101-625, eff. 1-1-21.)
 
11    Section 25. The Illinois Insurance Code is amended by
12changing Section 356w and by adding Section 356z.43 as
13follows:
 
14    (215 ILCS 5/356w)
15    Sec. 356w. Diabetes self-management training and
16education.
17    (a) A group policy of accident and health insurance that
18is amended, delivered, issued, or renewed after the effective
19date of this amendatory Act of 1998 shall provide coverage for
20outpatient self-management training and education, equipment,
21and supplies, as set forth in this Section, for the treatment
22of type 1 diabetes, type 2 diabetes, and gestational diabetes
23mellitus.
24    (b) As used in this Section:

 

 

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1    "Diabetes self-management training" means instruction in
2an outpatient setting which enables a diabetic patient to
3understand the diabetic management process and daily
4management of diabetic therapy as a means of avoiding frequent
5hospitalization and complications. Diabetes self-management
6training shall include the content areas listed in the
7National Standards for Diabetes Self-Management Education
8Programs as published by the American Diabetes Association,
9including medical nutrition therapy and education programs, as
10defined by the contract of insurance, that allow the patient
11to maintain an A1c level within the range identified in
12nationally recognized standards of care.
13    "Medical nutrition therapy" shall have the meaning
14ascribed to that term in the Dietitian Nutritionist Practice
15Act.
16    "Physician" means a physician licensed to practice
17medicine in all of its branches providing care to the
18individual.
19    "Qualified provider" for an individual that is enrolled
20in:
21        (1) a health maintenance organization that uses a
22    primary care physician to control access to specialty care
23    means (A) the individual's primary care physician licensed
24    to practice medicine in all of its branches, (B) a
25    physician licensed to practice medicine in all of its
26    branches to whom the individual has been referred by the

 

 

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1    primary care physician, or (C) a certified, registered, or
2    licensed network health care professional with expertise
3    in diabetes management to whom the individual has been
4    referred by the primary care physician.
5        (2) an insurance plan means (A) a physician licensed
6    to practice medicine in all of its branches or (B) a
7    certified, registered, or licensed health care
8    professional with expertise in diabetes management to whom
9    the individual has been referred by a physician.
10    (c) Coverage under this Section for diabetes
11self-management training, including medical nutrition
12education, shall be limited to the following:
13        (1) Up to 3 medically necessary visits to a qualified
14    provider upon initial diagnosis of diabetes by the
15    patient's physician or, if diagnosis of diabetes was made
16    within one year prior to the effective date of this
17    amendatory Act of 1998 where the insured was a covered
18    individual, up to 3 medically necessary visits to a
19    qualified provider within one year after that effective
20    date.
21        (2) Up to 2 medically necessary visits to a qualified
22    provider upon a determination by a patient's physician
23    that a significant change in the patient's symptoms or
24    medical condition has occurred. A "significant change" in
25    condition means symptomatic hyperglycemia (greater than
26    250 mg/dl on repeated occasions), severe hypoglycemia

 

 

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1    (requiring the assistance of another person), onset or
2    progression of diabetes, or a significant change in
3    medical condition that would require a significantly
4    different treatment regimen.
5    Payment by the insurer or health maintenance organization
6for the coverage required for diabetes self-management
7training pursuant to the provisions of this Section is only
8required to be made for services provided. No coverage is
9required for additional visits beyond those specified in items
10(1) and (2) of this subsection.
11    Coverage under this subsection (c) for diabetes
12self-management training shall be subject to the same
13deductible, co-payment, and co-insurance provisions that apply
14to coverage under the policy for other services provided by
15the same type of provider.
16    (d) Coverage shall be provided for the following equipment
17when medically necessary and prescribed by a physician
18licensed to practice medicine in all of its branches. Coverage
19for the following items shall be subject to deductible,
20co-payment and co-insurance provisions provided for under the
21policy or a durable medical equipment rider to the policy:
22        (1) blood glucose monitors;
23        (2) blood glucose monitors for the legally blind;
24        (3) cartridges for the legally blind; and
25        (4) lancets and lancing devices.
26    This subsection does not apply to a group policy of

 

 

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1accident and health insurance that does not provide a durable
2medical equipment benefit.
3    (e) Coverage shall be provided for the following
4pharmaceuticals and supplies when medically necessary and
5prescribed by a physician licensed to practice medicine in all
6of its branches. Coverage for the following items shall be
7subject to the same coverage, deductible, co-payment, and
8co-insurance provisions under the policy or a drug rider to
9the policy, except as otherwise provided for under Sections
10Section 356z.41 and 356z.43:
11        (1) insulin;
12        (2) syringes and needles;
13        (3) test strips for glucose monitors;
14        (4) FDA approved oral agents used to control blood
15    sugar; and
16        (5) glucagon emergency kits.
17    This subsection does not apply to a group policy of
18accident and health insurance that does not provide a drug
19benefit.
20    (f) Coverage shall be provided for regular foot care exams
21by a physician or by a physician to whom a physician has
22referred the patient. Coverage for regular foot care exams
23shall be subject to the same deductible, co-payment, and
24co-insurance provisions that apply under the policy for other
25services provided by the same type of provider.
26    (g) If authorized by a physician, diabetes self-management

 

 

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1training may be provided as a part of an office visit, group
2setting, or home visit.
3    (h) This Section shall not apply to agreements, contracts,
4or policies that provide coverage for a specified diagnosis or
5other limited benefit coverage.
6(Source: P.A. 101-625, eff. 1-1-21.)
 
7    (215 ILCS 5/356z.43 new)
8    Sec. 356z.43. Cost sharing in diabetic self-management
9supplies; limits; confidentiality of rebate information.
10    (a) As used in this Section, "diabetic self-management
11supplies" means items determined to be medically necessary for
12a person with diabetes for diabetic self-management, including
13blood test strips for glucose monitors and the monthly lease
14of an insulin pump. "Diabetic self-management supplies" do not
15include insulin drugs.
16    (b) This Section applies to a group or individual policy
17of accident and health insurance amended, delivered, issued,
18or renewed on or after the effective date of this amendatory
19Act of the 102nd General Assembly.
20    (c) An insurer that provides coverage for diabetic
21self-management supplies pursuant to the terms of a health
22coverage plan the insurer offers shall limit the total amount
23that an insured is required to pay for a 30-day supply of
24diabetic self-management supplies at an amount not to exceed
25$100, regardless of the quantity or type of diabetic

 

 

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1self-management supplies required by an insured with diabetes
2for diabetic self-management.
3    (d) Nothing in this Section prevents an insurer from
4reducing an insured's cost sharing by an amount greater than
5the amount specified in subsection (c).
6    (e) The Director may use any of the Director's enforcement
7powers to obtain an insurer's compliance with this Section.
8    (f) The Department may adopt rules as necessary to
9implement and administer this Section and to align it with
10federal requirements.
11    (g) On January 1 of each year, the limit on the amount that
12an insured is required to pay for a 30-day supply of diabetic
13self-management supplies shall increase by a percentage equal
14to the percentage change from the preceding year in the
15medical care component of the Consumer Price Index of the
16Bureau of Labor Statistics of the United States Department of
17Labor.
 
18    Section 30. 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,
24141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153,

 

 

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1154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2,
2355.3, 355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2,
3356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10,
4356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18,
5356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30,
6356z.30a, 356z.32, 356z.33, 356z.35, 356z.36, 356z.41,
7356z.43, 364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c,
8368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408,
9408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection
10(2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2,
11XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois
12Insurance Code.
13    (b) For purposes of the Illinois Insurance Code, except
14for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
15Health Maintenance Organizations in the following categories
16are deemed to be "domestic companies":
17        (1) a corporation authorized under the Dental Service
18    Plan Act or the Voluntary Health Services Plans Act;
19        (2) a corporation organized under the laws of this
20    State; or
21        (3) a corporation organized under the laws of another
22    state, 30% or more of the enrollees of which are residents
23    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.

 

 

HB3794- 14 -LRB102 04242 BMS 14260 b

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

 

 

HB3794- 15 -LRB102 04242 BMS 14260 b

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

 

 

HB3794- 16 -LRB102 04242 BMS 14260 b

1defined in Section 363 of the Illinois Insurance Code, a
2Health Maintenance Organization may by contract agree with a
3group or other enrollment unit to effect refunds or charge
4additional premiums under the following terms and conditions:
5        (i) the amount of, and other terms and conditions with
6    respect to, the refund or additional premium are set forth
7    in the group or enrollment unit contract agreed in advance
8    of the period for which a refund is to be paid or
9    additional premium is to be charged (which period shall
10    not be less than one year); and
11        (ii) the amount of the refund or additional premium
12    shall not exceed 20% of the Health Maintenance
13    Organization's profitable or unprofitable experience with
14    respect to the group or other enrollment unit for the
15    period (and, for purposes of a refund or additional
16    premium, the profitable or unprofitable experience shall
17    be calculated taking into account a pro rata share of the
18    Health Maintenance Organization's administrative and
19    marketing expenses, but shall not include any refund to be
20    made or additional premium to be paid pursuant to this
21    subsection (f)). The Health Maintenance Organization and
22    the group or enrollment unit may agree that the profitable
23    or unprofitable experience may be calculated taking into
24    account the refund period and the immediately preceding 2
25    plan years.
26    The Health Maintenance Organization shall include a

 

 

HB3794- 17 -LRB102 04242 BMS 14260 b

1statement in the evidence of coverage issued to each enrollee
2describing the possibility of a refund or additional premium,
3and upon request of any group or enrollment unit, provide to
4the group or enrollment unit a description of the method used
5to calculate (1) the Health Maintenance Organization's
6profitable experience with respect to the group or enrollment
7unit and the resulting refund to the group or enrollment unit
8or (2) the Health Maintenance Organization's unprofitable
9experience with respect to the group or enrollment unit and
10the resulting additional premium to be paid by the group or
11enrollment unit.
12    In no event shall the Illinois Health Maintenance
13Organization Guaranty Association be liable to pay any
14contractual obligation of an insolvent organization to pay any
15refund authorized under this Section.
16    (g) Rulemaking authority to implement Public Act 95-1045,
17if any, is conditioned on the rules being adopted in
18accordance with all provisions of the Illinois Administrative
19Procedure Act and all rules and procedures of the Joint
20Committee on Administrative Rules; any purported rule not so
21adopted, for whatever reason, is unauthorized.
22(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
23100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.
241-1-19; 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19; 101-81,
25eff. 7-12-19; 101-281, eff. 1-1-20; 101-371, eff. 1-1-20;
26101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.

 

 

HB3794- 18 -LRB102 04242 BMS 14260 b

11-1-20; 101-625, eff. 1-1-21.)
 
2    Section 35. The Limited Health Service Organization Act is
3amended by changing Section 4003 as follows:
 
4    (215 ILCS 130/4003)  (from Ch. 73, par. 1504-3)
5    Sec. 4003. Illinois Insurance Code provisions. Limited
6health service organizations shall be subject to the
7provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
8141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
9154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 355.2, 355.3,
10355b, 356v, 356z.10, 356z.21, 356z.22, 356z.25, 356z.26,
11356z.29, 356z.30a, 356z.32, 356z.33, 356z.41, 356z.43, 368a,
12401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444, and
13444.1 and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2,
14XXV, and XXVI of the Illinois Insurance Code. For purposes of
15the Illinois Insurance Code, except for Sections 444 and 444.1
16and Articles XIII and XIII 1/2, limited health service
17organizations in the following categories are deemed to be
18domestic companies:
19        (1) a corporation under the laws of this State; or
20        (2) 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

 

 

HB3794- 19 -LRB102 04242 BMS 14260 b

1    1/2 of the Illinois Insurance Code.
2(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
3100-201, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1057, eff.
41-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
5eff. 1-1-20; 101-393, eff. 1-1-20; 101-625, eff. 1-1-21.)
 
6    Section 40. The Voluntary Health Services Plans Act is
7amended by changing Section 10 as follows:
 
8    (215 ILCS 165/10)  (from Ch. 32, par. 604)
9    Sec. 10. Application of Insurance Code provisions. Health
10services plan corporations and all persons interested therein
11or dealing therewith shall be subject to the provisions of
12Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
13143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b,
14356g, 356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x,
15356y, 356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8,
16356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,
17356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29,
18356z.30, 356z.30a, 356z.32, 356z.33, 356z.41, 356z.43, 364.01,
19367.2, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412,
20and paragraphs (7) and (15) of Section 367 of the Illinois
21Insurance Code.
22    Rulemaking authority to implement Public Act 95-1045, if
23any, is conditioned on the rules being adopted in accordance
24with all provisions of the Illinois Administrative Procedure

 

 

HB3794- 20 -LRB102 04242 BMS 14260 b

1Act and all rules and procedures of the Joint Committee on
2Administrative Rules; any purported rule not so adopted, for
3whatever reason, is unauthorized.
4(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
5100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.
61-1-19; 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19; 101-81,
7eff. 7-12-19; 101-281, eff. 1-1-20; 101-393, eff. 1-1-20;
8101-625, eff. 1-1-21.)
 
9    Section 99. Effective date. This Act takes effect January
101, 2022.