103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0288

 

Introduced 2/2/2023, by Sen. Sue Rezin

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 375/6.17 new
215 ILCS 5/356z.61 new
305 ILCS 5/5-47 new

    Amends the State Employees Group Insurance Act of 1971. Prohibits the State from applying for any federal waiver that would reduce or eliminate any protection or coverage required under the Patient Protection and Affordable Care Act (Affordable Care Act) that was in effect on January 1, 2017, including, but not limited to, any protection for persons with preexisting conditions and coverage for services identified as essential health benefits under the Affordable Care Act. Provides that the State or an agency of the executive branch may apply for such a waiver only if granted authorization by the General Assembly through joint resolution. Amends the Illinois Insurance Code. Prohibits the State from applying for any federal waiver that would permit an individual or group health insurance plan to reduce or eliminate any protection or coverage required under the Affordable Care Act that was in effect on January 1, 2017, including, but not limited to, any protection for persons with preexisting conditions and coverage for services identified as essential health benefits under the Affordable Care Act. Provides that the State or an agency of the executive branch may apply for such a waiver only if granted authorization by the General Assembly through joint resolution. Amends the Illinois Public Aid Code. Prohibits the State or an agency of the executive branch from applying for any federal Medicaid waiver that would result in more restrictive standards, methodologies, procedures, or other requirements than those that were in effect in Illinois as of January 1, 2017 for the Medical Assistance Program, the Children's Health Insurance Program, or any other medical assistance program in Illinois operating under any existing federal waiver authorized by specified provisions of the Social Security Act. Provides that the State or an agency of the executive branch may apply for such a waiver only if granted authorization by the General Assembly through joint resolution. Effective immediately.


LRB103 25458 BMS 51807 b

 

 

A BILL FOR

 

SB0288LRB103 25458 BMS 51807 b

1    AN ACT concerning government.
 
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 adding Section 6.17 as follows:
 
6    (5 ILCS 375/6.17 new)
7    Sec. 6.17. Waiver application prohibitions.
8    (a) Notwithstanding any other law to the contrary, except
9as specified in subsection (b), the State shall not apply for
10any federal waiver that would reduce or eliminate any
11protection or coverage required under the Patient Protection
12and Affordable Care Act (Public Law 111-148) that was in
13effect on January 1, 2017, including, but not limited to, any
14protection for persons with preexisting conditions and
15coverage for services identified as essential health benefits
16under the Patient Protection and Affordable Care Act.
17    (b) The State or an agency of the executive branch may
18apply for such a waiver only if the General Assembly, by joint
19resolution approved by a majority of each house prior to the
20submission of such a waiver application to the U.S. Department
21of Health and Human Services, authorizes the State or an
22agency of the executive branch to apply for such a federal
23waiver.
 

 

 

SB0288- 2 -LRB103 25458 BMS 51807 b

1    Section 10. The Illinois Insurance Code is amended by
2adding Section 356z.61 as follows:
 
3    (215 ILCS 5/356z.61 new)
4    Sec. 356z.61. Waiver application prohibitions.
5    (a) Notwithstanding any other law to the contrary, except
6as specified in subsection (b), the State shall not apply for
7any federal waiver that would permit an individual or group
8health insurance plan to reduce or eliminate any protection or
9coverage required under the Patient Protection and Affordable
10Care Act (Public Law 111-148) that was in effect on January 1,
112017, including, but not limited to, any protection for
12persons with preexisting conditions and coverage for services
13identified as essential health benefits under the Patient
14Protection and Affordable Care Act.
15    (b) The State or an agency of the executive branch may
16apply for such a waiver only if the General Assembly, by joint
17resolution approved by a majority of each house prior to the
18submission of such a waiver application to the U.S. Department
19of Health and Human Services, authorizes the State or an
20agency of the executive branch to apply for such a federal
21waiver.
 
22    Section 15. The Illinois Public Aid Code is amended by
23adding Section 5-47 as follows:
 

 

 

SB0288- 3 -LRB103 25458 BMS 51807 b

1    (305 ILCS 5/5-47 new)
2    Sec. 5-47. Waiver application prohibitions.
3    (a) Notwithstanding any other law, except as specified in
4subsection (b), the State or an agency of the executive branch
5shall not apply for any federal Medicaid waiver that would
6result in more restrictive standards, methodologies,
7procedures, or other requirements than those that were in
8effect in Illinois as of January 1, 2017 for: (i) the Medical
9Assistance Program, as authorized under this Code and Title
10XIX of the Social Security Act; (ii) the Children's Health
11Insurance Program, as authorized under the Children's Health
12Insurance Program Act and Title XXI of the Social Security
13Act; or (iii) any other medical assistance program in Illinois
14that is operating under any existing federal waiver authorized
15under Section 1115 or Section 1915 of the Social Security Act.
16    (b) The State or an agency of the executive branch may
17apply for such a waiver only if the General Assembly, by joint
18resolution approved by a majority of each house prior to the
19submission of such a waiver application to the U.S. Department
20of Health and Human Services, authorizes the State or an
21agency of the executive branch to apply for such a federal
22waiver.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.