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1 | MOTION
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2 | I move to accept the specific recommendations of the | ||||||
3 | Governor as to House Bill 5285 in manner and form as follows:
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4 | AMENDMENT TO HOUSE BILL 5285
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5 | IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
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6 | Amend House Bill 5285 as follows:
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7 | on page 1, line 14, by replacing " and 356z.11 " with " 356z.11, | ||||||
8 | and 356z.12 "; and | ||||||
9 | on page 2, line 8, by replacing " and 356z.11 " with " 356z.11, | ||||||
10 | and 356z.12 "; and
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11 | on page 3, line 3, by replacing " and 356z.11 " with " 356z.11, | ||||||
12 | and 356z.12 "; and
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13 | on page 3, line 20, by replacing " and 356z.11 " with " 356z.11, | ||||||
14 | and 356z.12 "; and
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15 | on page 4, line 1, by replacing "Section 356z.11" with "Section | ||||||
16 | 356z.11 and Section 356z.12"; and
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17 | on page 4, immediately below line 25, by inserting the | ||||||
18 | following: |
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1 | "(215 ILCS 5/356z.12 new) | ||||||
2 | Sec. 356z.12. Dependent coverage. | ||||||
3 | (a) A group or individual policy of accident and health | ||||||
4 | insurance or managed care plan that provides coverage for | ||||||
5 | dependents and that is amended, delivered, issued, or renewed | ||||||
6 | after the effective date of this amendatory Act of the 95th | ||||||
7 | General Assembly shall not terminate coverage or deny the | ||||||
8 | election of coverage for an unmarried dependent by reason of | ||||||
9 | the dependent's age before the dependent's 26th birthday. | ||||||
10 | (b) A policy or plan subject to this Section shall, upon | ||||||
11 | amendment, delivery, issuance, or renewal, establish an | ||||||
12 | initial enrollment period of not less than 90 days during which | ||||||
13 | an insured may make a written election for coverage of an | ||||||
14 | unmarried person as a dependent under this Section. After the | ||||||
15 | initial enrollment period, enrollment by a dependent pursuant | ||||||
16 | to this Section shall be consistent with the enrollment terms | ||||||
17 | of the plan or policy. | ||||||
18 | (c) A policy or plan subject to this Section shall allow | ||||||
19 | for dependent coverage during the annual open enrollment date | ||||||
20 | or the annual renewal date if the dependent, as of the date on | ||||||
21 | which the insured elects dependent coverage under this | ||||||
22 | subsection, has: | ||||||
23 | (1) a period of continuous creditable coverage of 90 | ||||||
24 | days or more; and | ||||||
25 | (2) not been without creditable coverage for more than | ||||||
26 | 63 days. |
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1 | An insured may elect coverage for a dependent who does not meet | ||||||
2 | the continuous creditable coverage requirements of this | ||||||
3 | subsection (c) and that dependent shall not be denied coverage | ||||||
4 | due to age. | ||||||
5 | For purposes of this subsection (c), "creditable coverage" | ||||||
6 | shall have the meaning provided under subsection (C)(1) of | ||||||
7 | Section 20 of the Illinois Health Insurance Portability and | ||||||
8 | Accountability Act. | ||||||
9 | (d) Military personnel. A group or individual policy of | ||||||
10 | accident and health insurance or managed care plan that | ||||||
11 | provides coverage for dependents and that is amended, | ||||||
12 | delivered, issued, or renewed after the effective date of this | ||||||
13 | amendatory Act of the 95th General Assembly shall not terminate | ||||||
14 | coverage or deny the election of coverage for an unmarried | ||||||
15 | dependent by reason of the dependent's age before the | ||||||
16 | dependent's 30th birthday if the dependent (i) is an Illinois | ||||||
17 | resident, (ii) served as a member of the active or reserve | ||||||
18 | components of any of the branches of the Armed Forces of the | ||||||
19 | United States, and (iii) has received a release or discharge | ||||||
20 | other than a dishonorable discharge. To be eligible for | ||||||
21 | coverage under this subsection (d), the eligible dependent | ||||||
22 | shall submit to the insurer a form approved by the Illinois | ||||||
23 | Department of Veterans Affairs stating the date on which the | ||||||
24 | dependent was released from service. | ||||||
25 | (e) Calculation of the cost of coverage provided to an | ||||||
26 | unmarried dependent under this Section shall be identical. |
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1 | (f) Nothing in this Section shall prohibit an employer from | ||||||
2 | requiring an employee to pay all or part of the cost of | ||||||
3 | coverage provided under this Section. | ||||||
4 | (g) No exclusions or limitations may be applied to coverage | ||||||
5 | elected pursuant to this Section that do not apply to all | ||||||
6 | dependents covered under the policy. | ||||||
7 | (h) A policy or plan subject to this Section shall not | ||||||
8 | condition eligibility for dependent coverage provided pursuant | ||||||
9 | to this Section on enrollment in any educational institution. | ||||||
10 | (i) Notice regarding coverage for a dependent as provided | ||||||
11 | pursuant to this Section shall be provided to an insured by the | ||||||
12 | insurer: | ||||||
13 | (1) upon application or enrollment; | ||||||
14 | (2) in the certificate of coverage or equivalent | ||||||
15 | document prepared for an insured and delivered on or about | ||||||
16 | the date on which the coverage commences; and | ||||||
17 | (3) in a notice delivered to an insured on a | ||||||
18 | semi-annual basis. "; and | ||||||
19 | on page 5, line 10, by replacing " 356z.11 " with " 356z.11, | ||||||
20 | 356z.12 "; and
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21 | on page 10, line 7, by replacing " 356z.11 " with " 356z.11, | ||||||
22 | 356z.12 ".
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23 | Date: _________________, 2008 ___________________________
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