Full Text of HB0528 96th General Assembly
HB0528ham004 96TH GENERAL ASSEMBLY
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Rep. Mary E. Flowers
Filed: 3/26/2009
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| AMENDMENT TO HOUSE BILL 528
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| AMENDMENT NO. ______. Amend House Bill 528, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The State Employees Group Insurance Act of 1971 | 6 |
| is amended by changing Section 6.11 as follows:
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| (5 ILCS 375/6.11)
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| (Text of Section before amendment by P.A. 95-958 ) | 9 |
| Sec. 6.11. Required health benefits; Illinois Insurance | 10 |
| Code
requirements. The program of health
benefits shall provide | 11 |
| the post-mastectomy care benefits required to be covered
by a | 12 |
| policy of accident and health insurance under Section 356t of | 13 |
| the Illinois
Insurance Code. The program of health benefits | 14 |
| shall provide the coverage
required under Sections 356g.5,
| 15 |
| 356u, 356w, 356x, 356z.2, 356z.4, 356z.6, 356z.9, 356z.10, | 16 |
| 356z.13
356z.11 , and 356z.14 , and 356z.15
of the
Illinois |
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| Insurance Code.
The program of health benefits must comply with | 2 |
| Section 155.37 of the
Illinois Insurance Code.
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| (Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; | 4 |
| 95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-978, eff. | 5 |
| 1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)
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| (Text of Section after amendment by P.A. 95-958 )
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| Sec. 6.11. Required health benefits; Illinois Insurance | 8 |
| Code
requirements. The program of health
benefits shall provide | 9 |
| the post-mastectomy care benefits required to be covered
by a | 10 |
| policy of accident and health insurance under Section 356t of | 11 |
| the Illinois
Insurance Code. The program of health benefits | 12 |
| shall provide the coverage
required under Sections 356g.5,
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| 356u, 356w, 356x, 356z.2, 356z.4, 356z.6, 356z.9, 356z.10, | 14 |
| 356z.11, and 356z.12 , 356z.13
356z.11 , and 356z.14 , and 356z.15 | 15 |
| of the
Illinois Insurance Code.
The program of health benefits | 16 |
| must comply with Section 155.37 of the
Illinois Insurance Code.
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| (Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; | 18 |
| 95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. | 19 |
| 6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised | 20 |
| 12-15-08.) | 21 |
| Section 10. The Counties Code is amended by changing | 22 |
| Section 5-1069.3 as follows: | 23 |
| (55 ILCS 5/5-1069.3)
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| (Text of Section before amendment by P.A. 95-958 )
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| Sec. 5-1069.3. Required health benefits. If a county, | 3 |
| including a home
rule
county, is a self-insurer for purposes of | 4 |
| providing health insurance coverage
for its employees, the | 5 |
| coverage shall include coverage for the post-mastectomy
care | 6 |
| benefits required to be covered by a policy of accident and | 7 |
| health
insurance under Section 356t and the coverage required | 8 |
| under Sections 356g.5, 356u,
356w, 356x, 356z.6, 356z.9, | 9 |
| 356z.10, 356z.13
356z.11 , and 356z.14 , and 356z.15 of
the | 10 |
| Illinois Insurance Code. The requirement that health benefits | 11 |
| be covered
as provided in this Section is an
exclusive power | 12 |
| and function of the State and is a denial and limitation under
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| Article VII, Section 6, subsection (h) of the Illinois | 14 |
| Constitution. A home
rule county to which this Section applies | 15 |
| must comply with every provision of
this Section.
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| (Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; | 17 |
| 95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-978, eff. | 18 |
| 1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)
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| (Text of Section after amendment by P.A. 95-958 ) | 20 |
| Sec. 5-1069.3. Required health benefits. If a county, | 21 |
| including a home
rule
county, is a self-insurer for purposes of | 22 |
| providing health insurance coverage
for its employees, the | 23 |
| coverage shall include coverage for the post-mastectomy
care | 24 |
| benefits required to be covered by a policy of accident and | 25 |
| health
insurance under Section 356t and the coverage required |
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LRB096 06176 KTG 24375 a |
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| under Sections 356g.5, 356u,
356w, 356x, 356z.6, 356z.9, | 2 |
| 356z.10, 356z.11, and 356z.12 , 356z.13
356z.11 , and 356z.14 , | 3 |
| and 356z.15 of
the Illinois Insurance Code. The requirement | 4 |
| that health benefits be covered
as provided in this Section is | 5 |
| an
exclusive power and function of the State and is a denial | 6 |
| and limitation under
Article VII, Section 6, subsection (h) of | 7 |
| the Illinois Constitution. A home
rule county to which this | 8 |
| Section applies must comply with every provision of
this | 9 |
| Section.
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| (Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; | 11 |
| 95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. | 12 |
| 6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised | 13 |
| 12-15-08.) | 14 |
| Section 15. The Illinois Municipal Code is amended by | 15 |
| changing Section 10-4-2.3 as follows: | 16 |
| (65 ILCS 5/10-4-2.3)
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| (Text of Section before amendment by P.A. 95-958 )
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| Sec. 10-4-2.3. Required health benefits. If a | 19 |
| municipality, including a
home rule municipality, is a | 20 |
| self-insurer for purposes of providing health
insurance | 21 |
| coverage for its employees, the coverage shall include coverage | 22 |
| for
the post-mastectomy care benefits required to be covered by | 23 |
| a policy of
accident and health insurance under Section 356t | 24 |
| and the coverage required
under Sections 356g.5, 356u, 356w, |
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| 356x, 356z.6, 356z.9, 356z.10, 356z.13
356z.11 , and 356z.14 , | 2 |
| and 356z.15 of the Illinois
Insurance
Code. The requirement | 3 |
| that health
benefits be covered as provided in this is an | 4 |
| exclusive power and function of
the State and is a denial and | 5 |
| limitation under Article VII, Section 6,
subsection (h) of the | 6 |
| Illinois Constitution. A home rule municipality to which
this | 7 |
| Section applies must comply with every provision of this | 8 |
| Section.
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| (Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; | 10 |
| 95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-978, eff. | 11 |
| 1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)
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| (Text of Section after amendment by P.A. 95-958 ) | 13 |
| Sec. 10-4-2.3. Required health benefits. If a | 14 |
| municipality, including a
home rule municipality, is a | 15 |
| self-insurer for purposes of providing health
insurance | 16 |
| coverage for its employees, the coverage shall include coverage | 17 |
| for
the post-mastectomy care benefits required to be covered by | 18 |
| a policy of
accident and health insurance under Section 356t | 19 |
| and the coverage required
under Sections 356g.5, 356u, 356w, | 20 |
| 356x, 356z.6, 356z.9, 356z.10, 356z.11, and 356z.12 , 356z.13
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| 356z.11 , and 356z.14 , and 356z.15 of the Illinois
Insurance
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| Code. The requirement that health
benefits be covered as | 23 |
| provided in this is an exclusive power and function of
the | 24 |
| State and is a denial and limitation under Article VII, Section | 25 |
| 6,
subsection (h) of the Illinois Constitution. A home rule |
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| municipality to which
this Section applies must comply with | 2 |
| every provision of this Section.
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| (Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; | 4 |
| 95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. | 5 |
| 6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised | 6 |
| 12-15-08.) | 7 |
| Section 20. The Illinois Insurance Code is amended by | 8 |
| adding Section 356z.15 as follows: | 9 |
| (215 ILCS 5/356z.15 new) | 10 |
| Sec. 356z.15. Hospital patient assessments. A group or | 11 |
| individual policy of accident and health insurance or managed | 12 |
| care plan amended, delivered, issued, or renewed after the | 13 |
| effective date of this amendatory Act of the 96th General | 14 |
| Assembly that provides coverage for hospital care shall include | 15 |
| in that coverage all services ordered by a physician and | 16 |
| provided in the hospital that are considered medically | 17 |
| necessary for the evaluation, assessment, and diagnosis of the | 18 |
| illness or condition that resulted in the hospital stay of the | 19 |
| enrollee or recipient. Such services are subject to reasonable | 20 |
| review and utilization standards required by the policy or plan | 21 |
| for all hospital services, as defined by the Division of | 22 |
| Insurance of the Illinois Department of Financial and | 23 |
| Professional Regulation, or its successor agency. |
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| Section 25. The Illinois Public Aid Code is amended by | 2 |
| changing Section 5-16.8 as follows:
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| (305 ILCS 5/5-16.8)
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| Sec. 5-16.8. Required health benefits. The medical | 5 |
| assistance program
shall
(i) provide the post-mastectomy care | 6 |
| benefits required to be covered by a policy of
accident and | 7 |
| health insurance under Section 356t and the coverage required
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| under Sections 356g.5, 356u, 356w, 356x, and 356z.6 , and | 9 |
| 356z.15 of the Illinois
Insurance Code and (ii) be subject to | 10 |
| the provisions of Section 364.01 of the Illinois
Insurance | 11 |
| Code.
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| (Source: P.A. 95-189, eff. 8-16-07; 95-331, eff. 8-21-07.)
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| Section 30. The Medical Patient Rights Act is amended by | 14 |
| changing Sections 2.04 and 5 and adding Sections 5.1 and 5.2 as | 15 |
| follows:
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| (410 ILCS 50/2.04) (from Ch. 111 1/2, par. 5402.04)
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| Sec. 2.04.
"Insurance company" means (1) an insurance | 18 |
| company, fraternal
benefit society, and any other insurer | 19 |
| subject to regulation under the
Illinois Insurance Code; or (2) | 20 |
| a health maintenance organization , a limited health service | 21 |
| organization under the Limited Health Service Organization | 22 |
| Act, or a voluntary health services plan under the Voluntary | 23 |
| Health Services Plans Act .
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| (Source: P.A. 85-677; 85-679.)
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| (410 ILCS 50/5)
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| Sec. 5. Statement of hospital patient's rights.
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| (a) Each patient admitted to a hospital, and the guardian | 5 |
| or authorized
representative or parent of a minor patient, | 6 |
| shall be given a written
statement of all the rights enumerated | 7 |
| in this Act, or a similar statement of
patients' rights | 8 |
| required of the hospital by the Joint Commission on
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| Accreditation of Healthcare Organizations or a similar | 10 |
| accrediting
organization. The statement shall be given at the | 11 |
| time of admission or as soon
thereafter as the condition of the | 12 |
| patient permits.
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| (b) If a patient is unable to read the written statement, a | 14 |
| hospital
shall make a reasonable effort to provide it to the | 15 |
| guardian or authorized
representative of the patient.
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| (c) The statement shall also include the right not to be | 17 |
| discriminated against by the hospital due to the patient's | 18 |
| race, color, or national origin where such characteristics are | 19 |
| not relevant to the patient's medical diagnosis and treatment. | 20 |
| The statement shall further provide each admitted patient or | 21 |
| the patient's representative or guardian with notice of how to | 22 |
| initiate a grievance regarding improper discrimination with | 23 |
| the hospital and how the patient may lodge a grievance with the | 24 |
| Illinois Department of Public Health regardless of whether the | 25 |
| patient has first used the hospital's grievance process. |
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| (Source: P.A. 88-56; 88-670, eff. 12-2-94.)
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| (410 ILCS 50/5.1 new)
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| Sec. 5.1. Discrimination grievance procedures. Upon | 4 |
| receipt of a grievance alleging unlawful discrimination on the | 5 |
| basis of race, color, or national origin, the hospital must | 6 |
| investigate the claim and work with the patient to address | 7 |
| valid or proven concerns in accordance with the hospital's | 8 |
| grievance process. At the conclusion of the hospital's | 9 |
| grievance process, the hospital shall inform the patient that | 10 |
| such grievances may be reported to the Illinois Department of | 11 |
| Public Health if not resolved to the patient's satisfaction at | 12 |
| the hospital level. | 13 |
| (410 ILCS 50/5.2 new)
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| Sec. 5.2. Emergency room anti-discrimination notice. Every | 15 |
| hospital shall post a sign next to or in close proximity of its | 16 |
| sign required by Section 489.20 (q)(1) of Title 42 of the Code | 17 |
| of Federal Regulations stating the following: | 18 |
| "You have the right not to be discriminated against by the | 19 |
| hospital due to your race, color, or national origin if these | 20 |
| characteristics are unrelated to your diagnosis or treatment. | 21 |
| If you believe this right has been violated, please call | 22 |
| (insert number for hospital grievance officer)."
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| Section 95. No acceleration or delay. Where this Act makes |
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| changes in a statute that is represented in this Act by text | 2 |
| that is not yet or no longer in effect (for example, a Section | 3 |
| represented by multiple versions), the use of that text does | 4 |
| not accelerate or delay the taking effect of (i) the changes | 5 |
| made by this Act or (ii) provisions derived from any other | 6 |
| Public Act. | 7 |
| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.".
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