HB5285AVM001

LRB095 17860 RPM 52346 v





 

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MOTION


 

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    I move to accept the specific recommendations of the 
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Governor as to House Bill 5285 in manner and form as follows:

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AMENDMENT TO HOUSE BILL 5285


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IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS


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    Amend House Bill 5285 as follows:

 
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on page 1, line 14, by replacing "and 356z.11" with "356z.11, 
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and 356z.12"; and
 
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on page 2, line 8, by replacing "and 356z.11" with "356z.11, 
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and 356z.12"; and



 
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on page 3, line 3, by replacing "and 356z.11" with "356z.11, 
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and 356z.12"; and



 
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on page 3, line 20, by replacing "and 356z.11" with "356z.11, 
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and 356z.12"; and

 
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on page 4, line 1, by replacing "Section 356z.11" with "Section 
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356z.11 and Section 356z.12"; and


 
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on page 4, immediately below line 25, by inserting the 
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following:
 
 


 






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    "(215 ILCS 5/356z.12  new)
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    Sec. 356z.12. Dependent coverage. 
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    (a) A group or individual policy of accident and health 
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insurance or managed care plan that provides coverage for 
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dependents and that is amended, delivered, issued, or renewed 
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after the effective date of this amendatory Act of the 95th 
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General Assembly shall not terminate coverage or deny the 
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election of coverage for an unmarried dependent by reason of 
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the dependent's age before the dependent's 26th birthday.
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    (b)  A policy or plan subject to this Section shall, upon 
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amendment, delivery, issuance, or renewal, establish an 
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initial enrollment period of not less than 90 days during which 
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an insured may make a written election for coverage of an 
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unmarried person as a dependent under this Section.  After the 
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initial enrollment period, enrollment by a dependent pursuant 
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to this Section shall be consistent with the enrollment terms 
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of the plan or policy.
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    (c)  A policy or plan subject to this Section shall allow 
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for dependent coverage during the annual open enrollment date 
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or the annual renewal date if the dependent, as of the date on 
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which the insured elects dependent coverage under this 
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subsection, has:
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        (1) a period of continuous creditable coverage of 90 
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    days or more; and
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        (2) not been without creditable coverage for more than 
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    63 days.
 


 






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An insured may elect coverage for a dependent who does not meet 
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the continuous creditable coverage requirements of this 
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subsection (c) and that dependent shall not be denied coverage 
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due to age. 
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    For purposes of this subsection (c), "creditable coverage" 
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shall have the meaning provided under subsection (C)(1) of 
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Section 20 of the Illinois Health Insurance Portability and 
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Accountability Act. 
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    (d) Military personnel. A group or individual policy of 
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accident and health insurance or managed care plan that 
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provides coverage for dependents and that is amended, 
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delivered, issued, or renewed after the effective date of this 
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amendatory Act of the 95th General Assembly shall not terminate 
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coverage or deny the election of coverage for an unmarried 
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dependent by reason of the dependent's age before the 
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dependent's 30th birthday if the dependent (i) is an Illinois 
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resident, (ii) served as a member of the active or reserve 
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components of any of the branches of the Armed Forces of the 
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United States, and (iii) has received a release or discharge 
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other than a dishonorable discharge. To be eligible for 
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coverage under this subsection (d), the eligible dependent 
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shall submit to the insurer a form approved by the Illinois 
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Department of Veterans Affairs stating the date on which the 
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dependent was released from service.
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    (e) Calculation of the cost of coverage provided to an 
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unmarried dependent under this Section shall be identical.
 


 






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    (f) Nothing in this Section shall prohibit an employer from 
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requiring an employee to pay all or part of the cost of 
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coverage provided under this Section.
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    (g) No exclusions or limitations may be applied to coverage 
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elected pursuant to this Section that do not apply to all 
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dependents covered under the policy.
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    (h) A policy or plan subject to this Section shall not 
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condition eligibility for dependent coverage provided pursuant 
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to this Section on enrollment in any educational institution.
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    (i) Notice regarding coverage for a dependent as provided 
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pursuant to this Section shall be provided to an insured by the 
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insurer: 
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        (1) upon application or enrollment;
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        (2) in the certificate of coverage or equivalent 
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    document prepared for an insured and delivered on or about 
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    the date on which the coverage commences; and
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        (3) in a notice delivered to an insured on a 
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    semi-annual basis."; and 
 
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on page 5, line 10, by replacing "356z.11" with "356z.11, 
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356z.12"; and
 


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on page 10, line 7, by replacing "356z.11" with "356z.11, 
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356z.12".



 

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Date: _________________, 2008    ___________________________