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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Insurance Code is amended by adding | ||||||
5 | Section 355a.1 as follows: | ||||||
6 | (215 ILCS 5/355a.1 new) | ||||||
7 | Sec. 355a.1. High deductible health plans; mandates. | ||||||
8 | (a) For the purpose of this Section, the terms "high | ||||||
9 | deductible health plan" and "health savings account" shall have | ||||||
10 | the same meanings as defined by the federal Medicare | ||||||
11 | Prescription Drug, Improvement, and Modernization Act of 2003. | ||||||
12 | Components of high deductible health plans and health savings | ||||||
13 | accounts, including, but not limited to, deductible limits, | ||||||
14 | contribution limits, and out-of-pocket maximums shall be those | ||||||
15 | annually prescribed by the United States Department of the | ||||||
16 | Treasury. | ||||||
17 | (b) An individual that purchases a policy of accident and | ||||||
18 | health insurance that is a high deductible health plan with a | ||||||
19 | health savings account may waive coverage for any or all | ||||||
20 | insurance coverage mandates required by this Code. | ||||||
21 | The decision to waive any or all insurance coverage | ||||||
22 | mandates shall be made by the individual covered by the policy | ||||||
23 | of accident and health insurance. |
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1 | In the case of a minor or other individual not able to make | ||||||
2 | an informed decision, the decision to waive coverage shall be | ||||||
3 | made by the parent or guardian of the individual. | ||||||
4 | (c) In order to aid individuals in making informed | ||||||
5 | decisions regarding insurance coverage and the waiving of | ||||||
6 | mandated coverage, the Division of Insurance of the Illinois | ||||||
7 | Department of Financial and Professional Regulation may | ||||||
8 | provide assistance to individuals purchasing coverage to | ||||||
9 | assist the purchaser in weighing the risks and benefits | ||||||
10 | associated with waiving mandated coverage. This assistance may | ||||||
11 | be provided through the Department's Consumer Assistance | ||||||
12 | Hotline, the use of an internet-based system, informational | ||||||
13 | brochures, or any other means deemed appropriate by the | ||||||
14 | Division. | ||||||
15 | (d) The Division of Insurance shall recognize a waiver | ||||||
16 | under this Section as a waiver of coverage required under this | ||||||
17 | Code. | ||||||
18 | (e) Notwithstanding any other rulemaking authority that | ||||||
19 | may exist, neither the Governor nor any agency or agency head | ||||||
20 | under the jurisdiction of the Governor has any authority to | ||||||
21 | make or promulgate rules to implement or enforce the provisions | ||||||
22 | of this amendatory Act of the 95th General Assembly. If, | ||||||
23 | however, the Governor believes that rules are necessary to | ||||||
24 | implement or enforce the provisions of this amendatory Act of | ||||||
25 | the 95th General Assembly, the Governor may suggest rules to | ||||||
26 | the General Assembly by filing them with the Clerk of the House |
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1 | and the Secretary of the Senate and by requesting that the | ||||||
2 | General Assembly authorize such rulemaking by law, enact those | ||||||
3 | suggested rules into law, or take any other appropriate action | ||||||
4 | in the General Assembly's discretion. Nothing contained in this | ||||||
5 | amendatory Act of the 95th General Assembly shall be | ||||||
6 | interpreted to grant rulemaking authority under any other | ||||||
7 | Illinois statute where such authority is not otherwise | ||||||
8 | explicitly given. For the purposes of this amendatory Act of | ||||||
9 | the 95th General Assembly, "rules" is given the meaning | ||||||
10 | contained in Section 1-70 of the Illinois Administrative | ||||||
11 | Procedure Act, and "agency" and "agency head" are given the | ||||||
12 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
13 | Administrative Procedure Act to the extent that such | ||||||
14 | definitions apply to agencies or agency heads under the | ||||||
15 | jurisdiction of the Governor. |