Sen. William R. Haine

Filed: 3/12/2010

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3096

2     AMENDMENT NO. ______. Amend Senate Bill 3096 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Charitable Trust Act is amended by adding
5 Section 20 as follows:
 
6     (760 ILCS 55/20 new)
7     Sec. 20. Medical Sharing Trust Law.
8     (a) This Section may be referred to as the Medical Sharing
9 Trust Law.
10     (b) For the purposes of this Section "Medical Sharing
11 Trust" means an organization that facilitates payment of the
12 medical expenses of its participants as provided in this
13 Section and complies with all provisions of this Act and the
14 Solicitation for Charity Act.
15     (c) An organization complying with this Section as a
16 Medical Sharing Trust is not subject to the provisions of the

 

 

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1 Illinois Insurance Code. A Medical Sharing Trust shall not
2 offer any services that are regulated under any provision of
3 the Illinois Insurance Code.
4     (d) No Medical Sharing Trust shall be offered, issued,
5 sold, or solicited to participants in this State as exempt
6 under subsection (c) of this Section unless the Medical Sharing
7 Trust has complied with all requirements set forth in
8 subsections (b) and (e) of this Section.
9     (e) The following provisions shall apply concerning the
10 operation of a Medical Sharing Trust:
11         (1) A Medical Sharing Trust shall facilitate payments
12     directly between participants who have present medical
13     needs and participants with the ability to pay for the
14     benefit of those participants in need. A Medical Sharing
15     Trust is prohibited from assuming liability for or
16     guaranteeing payment of any medical expenses and from
17     comingling participants' funds.
18         (2) All participants shall execute a release stating
19     that no other participants or the Medical Sharing Trust
20     shall be legally obligated in any way to pay for a medical
21     need.
22         (3) A Medical Sharing Trust shall facilitate the
23     payments provided for in paragraph (1) of this subsection
24     (e) through payments made directly from one participant to
25     another without transferring funds to a third party or the
26     Medical Sharing Trust.

 

 

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1         (4) A Medical Sharing Trust may cancel the membership
2     of a participant when that participant indicates their
3     unwillingness to participate by failing to make a payment
4     to another participant for a period in excess of 60 days.
5         (5) A Medical Sharing Trust may establish
6     qualifications of participation relating to the health of
7     the prospective participant.
8         (6) A Medical Sharing Trust may establish
9     qualifications as to the participants' physical or medical
10     needs necessary for eligibility for payment among the
11     participants.
12         (7) A Medical Sharing Trust shall provide the following
13     verbatim written disclaimer on all applications for
14     membership or participation:
15             "WARNING: This organization is not insurance or an
16         insurance policy nor is it offered through an insurance
17         company. Whether anyone chooses to assist you with your
18         medical bills will be totally voluntary, as no other
19         member will be compelled by law to contribute toward
20         your medical bills. As such, this organization should
21         never be considered to be providing insurance. Whether
22         you receive any payments for medical expenses and
23         whether or not this organization continues to operate,
24         you are always personally responsible for the payment
25         of your own medical bills. This organization is not
26         subject to the regulatory requirements of the Illinois

 

 

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1         Insurance Code.".
2         (8) A Medical Sharing Trust shall provide to its
3     participants, within 30 days after enrollment, a complete
4     set of its rules for the sharing of needs, appeals of
5     decisions made by the Medical Sharing Trust, and the filing
6     of complaints. The rules must be in the participant's
7     native language if requested by the participant.
8         (9) A Medical Sharing Trust shall have a Certificate of
9     Authority to do business in Illinois.
10         (10) A Medical Sharing Trust shall be controlled by a
11     board of directors, the majority of which is elected by its
12     members.".