Full Text of HB5349 94th General Assembly
HB5349ham002 94TH GENERAL ASSEMBLY
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Rep. Frank J. Mautino
Filed: 2/21/2006
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09400HB5349ham002 |
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LRB094 19325 LJB 56244 a |
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| AMENDMENT TO HOUSE BILL 5349
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| AMENDMENT NO. ______. Amend House Bill 5349, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Illinois Insurance Code is amended by | 6 |
| adding Section 368f as follows: | 7 |
| (215 ILCS 5/368f new) | 8 |
| Sec. 368f. Military service member insurance | 9 |
| reinstatement. | 10 |
| (a) No Illinois resident activated for military service and | 11 |
| no spouse or dependent of the resident who becomes eligible for | 12 |
| a federal government-sponsored health insurance program, | 13 |
| including the TriCare program providing coverage for civilian | 14 |
| dependents of military personnel, as a result of the activation | 15 |
| shall be denied reinstatement into the same individual health | 16 |
| insurance coverage with the health insurer that the resident | 17 |
| lapsed as a result of activation or becoming covered by the | 18 |
| federal government-sponsored health insurance program. The | 19 |
| resident shall have the right to reinstatement in the same | 20 |
| individual health insurance coverage without medical | 21 |
| underwriting, subject to payment of the current premium charged | 22 |
| to other persons of the same age and gender that are covered | 23 |
| under the same individual health coverage. Except in the case | 24 |
| of birth or adoption that occurs during the period of |
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| activation, reinstatement must be into the same coverage type | 2 |
| as the resident held prior to lapsing the individual health | 3 |
| insurance coverage and at the same or, at the option of the | 4 |
| resident, higher deductible level. The reinstatement rights | 5 |
| provided under this subsection (a) are not available to a | 6 |
| resident or dependents if the activated person is discharged | 7 |
| from the military under other than honorable conditions. | 8 |
| (b) The health insurer with which the reinstatement is | 9 |
| being requested must receive a request for reinstatement no | 10 |
| later than 63 days following the later of (i) deactivation or | 11 |
| (ii) loss of coverage under the federal government-sponsored | 12 |
| health insurance program. The health insurer may request proof | 13 |
| of loss of coverage and the timing of the loss of coverage of | 14 |
| the government-sponsored coverage in order to determine | 15 |
| eligibility for reinstatement into the individual coverage. | 16 |
| The effective date of the reinstatement of individual health | 17 |
| coverage shall be the first of the month following receipt of | 18 |
| the notice requesting reinstatement. | 19 |
| (c) All insurers must provide written notice to the | 20 |
| policyholder of individual health coverage of the rights | 21 |
| described in subsection (a) of this Section. In lieu of the | 22 |
| inclusion of the notice in the individual health insurance | 23 |
| policy, an insurance company may satisfy the notification | 24 |
| requirement by providing a single written notice: | 25 |
| (1) in conjunction with the enrollment process for a | 26 |
| policyholder initially enrolling in the individual | 27 |
| coverage on or after the effective date of this amendatory | 28 |
| Act of the 94th General Assembly; or | 29 |
| (2) by mailing written notice to policyholders whose | 30 |
| coverage was effective prior to the effective date of this | 31 |
| amendatory Act of the 94th General Assembly no later than | 32 |
| 90 days following the effective date of this amendatory Act | 33 |
| of the 94th General Assembly. | 34 |
| (d) The provisions of subsection (a) of this Section do not |
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| apply to any policy or certificate providing coverage for any | 2 |
| specified disease, specified accident or accident-only | 3 |
| coverage, credit, dental, disability income, hospital | 4 |
| indemnity, long-term care, Medicare supplement, vision care, | 5 |
| or short-term nonrenewable health policy or other | 6 |
| limited-benefit supplemental insurance, or any coverage issued | 7 |
| as a supplement to any liability insurance, workers' | 8 |
| compensation or similar insurance, or any insurance under which | 9 |
| benefits are payable with or without regard to fault, whether | 10 |
| written on a group, blanket, or individual basis. | 11 |
| (e) Nothing in this Section shall require an insurer to | 12 |
| reinstate the resident if the insurer requires residency in an | 13 |
| enrollment area and those residency requirements are not met | 14 |
| after deactivation or loss of coverage under the | 15 |
| government-sponsored health insurance program. | 16 |
| (f) All terms, conditions, and limitations of the | 17 |
| individual coverage into which reinstatement is made apply | 18 |
| equally to all insureds enrolled in the coverage. | 19 |
| (g) The Secretary may adopt rules as may be necessary to | 20 |
| carry out the provisions of this Section.
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.".
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