Sen. Iris Y. Martinez
Filed: 5/28/2004
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 790
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 790 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Insurance Code is amended by | ||||||
5 | changing Section 356z.4 as follows:
| ||||||
6 | (215 ILCS 5/356z.4)
| ||||||
7 | Sec. 356z.4. Coverage for contraceptives.
| ||||||
8 | (a) An individual or group policy of accident and health | ||||||
9 | insurance amended,
delivered, issued, or renewed in this State | ||||||
10 | after the effective date of this
amendatory Act of the 93rd | ||||||
11 | General Assembly that provides coverage for
outpatient | ||||||
12 | services and outpatient prescription drugs or devices must | ||||||
13 | provide
coverage for the insured and any
dependent of the
| ||||||
14 | insured covered by the policy for all outpatient contraceptive | ||||||
15 | services and
all outpatient contraceptive drugs and devices | ||||||
16 | approved by the Food and
Drug Administration. Coverage required | ||||||
17 | under this Section may not impose any
deductible, coinsurance, | ||||||
18 | waiting period, or other cost-sharing or limitation
that is | ||||||
19 | greater than that required for any outpatient service or | ||||||
20 | outpatient
prescription drug or device otherwise covered by the | ||||||
21 | policy.
| ||||||
22 | (b) As used in this Section, "outpatient contraceptive | ||||||
23 | service" means
consultations, examinations, procedures, and | ||||||
24 | medical services, provided on an
outpatient basis and related |
| |||||||
| |||||||
1 | to the use of contraceptive methods (including
natural family | ||||||
2 | planning) to prevent an unintended pregnancy.
| ||||||
3 | (c) Nothing in this Section shall be construed to require | ||||||
4 | an insurance
company to cover services related to an abortion | ||||||
5 | as the term "abortion" is
defined in the Illinois Abortion Law | ||||||
6 | of 1975.
| ||||||
7 | (d) Nothing in this Section shall be construed to require | ||||||
8 | an insurance
company to cover services related to permanent | ||||||
9 | sterilization that requires a
surgical procedure.
| ||||||
10 | (e) Notwithstanding any other provision of this Section, a | ||||||
11 | religious employer may request a policy or plan without | ||||||
12 | coverage for outpatient contraceptive services and outpatient | ||||||
13 | prescription contraceptive drugs and devices that are contrary | ||||||
14 | to the documented tenets of the religious employer's religion. | ||||||
15 | If so requested, a plan or policy may be issued without | ||||||
16 | coverage for outpatient contraceptive services and outpatient | ||||||
17 | prescription contraceptive drugs or devices. This subsection | ||||||
18 | shall not be construed to deny an enrollee coverage of, and | ||||||
19 | timely access to, contraceptive methods. | ||||||
20 | Every religious employer that invokes the exemption | ||||||
21 | provided under this subsection shall provide written notice to | ||||||
22 | prospective enrollees prior to enrollment with the plan listing | ||||||
23 | the contraceptive health care services the employer refuses to | ||||||
24 | cover for religious reasons. | ||||||
25 | Nothing in this subsection shall be construed to exclude | ||||||
26 | coverage for prescription contraceptive drugs or devices | ||||||
27 | prescribed by a health care provider for reasons other than | ||||||
28 | contraceptive purposes, including but not limited to | ||||||
29 | decreasing the risk of ovarian cancer or eliminating the | ||||||
30 | symptoms of menopause, or for prescription contraception that | ||||||
31 | is necessary to preserve the life or health of an enrollee.
| ||||||
32 | For the purposes of this subsection, a "religious employer" | ||||||
33 | is an entity for which each of the following is true: | ||||||
34 | (1) The inculcation of religious values is the purpose |
| |||||||
| |||||||
1 | of the entity. | ||||||
2 | (2) The entity primarily employs persons who share the | ||||||
3 | religious tenets of the entity. | ||||||
4 | (3) The entity serves primarily persons who share the | ||||||
5 | religious tenets of the entity. | ||||||
6 | (4) The entity is a nonprofit organization as described | ||||||
7 | in Section 6033(a)(2)(A)(i) or (iii) of the Internal | ||||||
8 | Revenue Code of 1986, as amended.
| ||||||
9 | (Source: P.A. 93-102, eff. 1-1-04.)
| ||||||
10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
|