Full Text of HB5018 96th General Assembly
HB5018eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning insurance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Insurance Code is amended by | 5 |
| changing Section 367e as follows:
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| (215 ILCS 5/367e) (from Ch. 73, par. 979e)
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| Sec. 367e. Continuation of Group Hospital, Surgical and | 8 |
| Major Medical
Coverage After Termination of Employment or | 9 |
| Membership.
A group policy delivered, issued for delivery, | 10 |
| renewed or amended in this
state which insures employees or | 11 |
| members
for hospital, surgical or major medical insurance on an | 12 |
| expense incurred
or service basis, other than for specific | 13 |
| diseases or for accidental injuries
only, shall provide that | 14 |
| employees or members whose insurance under the
group policy | 15 |
| would otherwise terminate because of termination of employment
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| or membership or because of a reduction in hours below the | 17 |
| minimum required
by the group plan shall be entitled to | 18 |
| continue their hospital, surgical and
major medical insurance | 19 |
| under that group policy, for themselves and their
eligible | 20 |
| dependents, subject to all of the group policy's terms and | 21 |
| conditions
applicable to those forms of insurance and to the | 22 |
| following conditions:
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| 1. Continuation shall only be available to an employee |
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| or member who has
been continuously insured under the group | 2 |
| policy (and for similar benefits
under any group policy | 3 |
| which it replaced) during the entire 3 months period
ending | 4 |
| with such termination
or reduction in hours below the | 5 |
| minimum required by the group plan. With respect to an | 6 |
| employee or member who is involuntarily terminated between | 7 |
| September 1, 2008 and the end of the period set forth in | 8 |
| Section 3001(a)(3)(A) of Title III of Division B of the | 9 |
| federal American Recovery and Reinvestment Act of 2009, as | 10 |
| now or hereafter amended December 31, 2009 , continuation | 11 |
| shall be available if the employee or member was insured | 12 |
| under the group policy on the day prior to the termination.
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| 2. Continuation shall not be available for any person | 14 |
| who is covered by
Medicare, except for those individuals | 15 |
| who have been covered under a
group Medicare supplement | 16 |
| policy. Neither shall continuation be
available for any | 17 |
| person who is
covered by any other insured or uninsured | 18 |
| plan
which provides hospital, surgical or medical coverage | 19 |
| for individuals in
a group and under which the person was | 20 |
| not
covered immediately prior to such termination
or | 21 |
| reduction in hours below the minimum required by the group | 22 |
| plan
or who exercises his conversion
privilege under the | 23 |
| group policy.
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| 3. Continuation need not include dental, vision care, | 25 |
| prescription drug
benefits, disability income, specified | 26 |
| disease, or similar supplementary
benefits which are |
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| provided under the group policy in addition to its | 2 |
| hospital,
surgical or major medical benefits.
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| 4. Within 10 days after the employee's or member's | 4 |
| termination
or reduction in hours below the minimum | 5 |
| required by the group plan
written notice of continuation | 6 |
| shall be presented
to the employee or member by the | 7 |
| employer. If the employee or member is unavailable, written | 8 |
| notice shall be mailed by the employer to the
last known | 9 |
| address of the employee or member within 10 days after the | 10 |
| employee's or member's termination or reduction in hours | 11 |
| below the minimum required by the group plan. The employer | 12 |
| shall also send a copy of the notice to the insurer. An | 13 |
| employee or member who wishes
continuation
of coverage must | 14 |
| request such continuation in writing within the 30 day
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| period following the later of: (i) the date of such | 16 |
| termination
or reduction in hours below the minimum | 17 |
| required by the group plan, or (ii)
the date the employee | 18 |
| is presented or mailed written notice of the right of | 19 |
| continuation
by either the employer or the
group | 20 |
| policyholder. In no event, however, may the employee or | 21 |
| member elect
continuation more than 60 days after the date | 22 |
| of such termination
or reduction in hours below the minimum | 23 |
| required by the group plan.
Written notice of continuation | 24 |
| presented to the employee or member by the
policyholder, or | 25 |
| mailed by the policyholder to the last known address of
the | 26 |
| employee, shall constitute the giving of notice for the |
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| purpose of this
provision.
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| The insurer shall not deny coverage to the employee or | 3 |
| member due to the employer's failure to provide notice | 4 |
| pursuant to this Section to the employee or member. Until | 5 |
| the end of the period set forth in Section 3001(a)(3)(A) of | 6 |
| Title III of Division B of the federal American Recovery | 7 |
| and Reinvestment Act of 2009, as now or hereafter amended | 8 |
| January 1, 2010 , in the event the employee or member | 9 |
| contacts the insurer regarding continuation rights and | 10 |
| advises that notice has not been provided by the employer | 11 |
| or group policyholder, the insurer shall provide a written | 12 |
| explanation to the employee or member of the employee's or | 13 |
| member's continuation rights pursuant to this Section. | 14 |
| 4a. Unless contrary to the provisions of, or any rules | 15 |
| promulgated pursuant to , Section 3001(a)(7) of Title III of | 16 |
| Division B of the federal American Recovery and | 17 |
| Reinvestment Act of 2009, with respect to employees or | 18 |
| members of health plans that are subject solely to State | 19 |
| continuation coverage and who are terminated or whose | 20 |
| reduction in hours below the minimum required by the group | 21 |
| occurs between the effective date of this amendatory Act of | 22 |
| the 96th General Assembly and the end of the period set | 23 |
| forth in Section 3001(a)(3)(A) of Title III of Division B | 24 |
| of the federal American Recovery and Reinvestment Act of | 25 |
| 2009, as now or hereafter amended December 31, 2009 , the | 26 |
| notice requirements of this Section are not satisfied |
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| unless notice is presented or mailed to the employee or | 2 |
| member by the insurer informing the employee or member of | 3 |
| the availability of premium reduction with respect to such | 4 |
| coverage under the American Recovery and Reinvestment Act | 5 |
| of 2009. Such written notice shall conform to all | 6 |
| applicable requirements set forth in Section 3001(a)(7) of | 7 |
| Title III of Division B of the federal American Recovery | 8 |
| and Reinvestment Act of 2009. The Department shall publish | 9 |
| models for the notification that shall be provided by | 10 |
| insurers pursuant to this paragraph 4a. | 11 |
| 4b. Unless contrary to the provisions of, or any rules | 12 |
| promulgated pursuant to, Section 3001(a)(7) of Title III of | 13 |
| Division B of the federal American Recovery and | 14 |
| Reinvestment Act of 2009, with respect to employees or | 15 |
| members of health plans that are subject solely to State | 16 |
| continuation coverage who were terminated or whose | 17 |
| reduction in hours below the minimum required by the group | 18 |
| occurred between September 1, 2008 and the effective date | 19 |
| of this amendatory Act of the 96th General Assembly and who | 20 |
| have an election of continuation of coverage pursuant to | 21 |
| this Section in effect, notice shall be presented or mailed | 22 |
| to the employee or member by the insurer informing the | 23 |
| employee or member of the availability of premium reduction | 24 |
| with respect to such coverage under the federal American | 25 |
| Recovery and Reinvestment Act of 2009. Such written notice | 26 |
| shall conform to all applicable requirements set forth in |
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| Section 3001(a)(7) of Title III of Division B of the | 2 |
| federal American Recovery and Reinvestment Act of 2009 and | 3 |
| shall be presented or mailed to the employee or member | 4 |
| within 14 days of the effective date of this amendatory Act | 5 |
| of the 96th General Assembly. The Department shall publish | 6 |
| models for the notification that shall be provided by | 7 |
| insurers pursuant to this paragraph 4b.
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| 5. An employee or member electing continuation must pay | 9 |
| to the group
policyholder
or his employer, on a monthly | 10 |
| basis in advance, the total amount of premium
required by | 11 |
| the insurer, including that portion of the premium | 12 |
| contributed
by the policyholder or employer, if any, but | 13 |
| not more than the group rate
for the insurance being | 14 |
| continued with appropriate reduction in premium
for any | 15 |
| supplementary benefits which have been discontinued under | 16 |
| paragraph
(3) of this Section. The premium rate required by | 17 |
| the insurer shall be
the applicable premium required on the | 18 |
| due date of each payment.
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| 6. Continuation of insurance under the group policy for
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| any person shall terminate when he becomes eligible for | 21 |
| Medicare or is covered
by any other insured or uninsured | 22 |
| plan which provides hospital, surgical
or medical coverage | 23 |
| for individuals in a group and under which
the person was | 24 |
| not covered immediately prior to such termination
or | 25 |
| reduction in hours below the minimum required by the group | 26 |
| plan
as provided
in condition
2 above or, if earlier, at |
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| the first to occur of the following:
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| (a) The date 12 months after the date the | 3 |
| employee's or member's
insurance
under the policy | 4 |
| would otherwise have terminated because of termination
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| of employment or membership
or reduction in hours below | 6 |
| the minimum required by the group plan or, with respect | 7 |
| to an employee or member who is an assistance eligible | 8 |
| individual as defined in Section 3001(a)(3) of Title | 9 |
| III of Division B of the federal American Recovery and | 10 |
| Reinvestment Act of 2009, the date that the individual | 11 |
| ceases to be eligible for premium assistance under | 12 |
| Section 3001(a)(2)(A)(ii)(I) of Title III of Division | 13 |
| B of the federal American Recovery and Reinvestment Act | 14 |
| of 2009, as now or hereafter amended .
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| (b) If the employee or member fails to make timely | 16 |
| payment of a required
contribution, the end of the | 17 |
| period for which contributions were made.
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| (c) The date on which the group policy is | 19 |
| terminated or, in the case of
an employee, the date his | 20 |
| employer terminates participation under the group
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| policy. However, if this (c) applies and the coverage | 22 |
| ceasing by reason of
such
termination is replaced by | 23 |
| similar coverage under another group policy,
the | 24 |
| following shall apply:
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| (i) The employee or member shall have the right | 26 |
| to become covered
under
that other group policy, |
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| for the balance of the period that he would have
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| remained covered under the prior group policy in | 3 |
| accordance with condition
6 had a termination | 4 |
| described in this (c) not occurred.
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| (ii) The prior group policy shall continue to | 6 |
| provide benefits to the
extent of its accrued | 7 |
| liabilities and extensions of benefits as if the
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| replacement
had not occurred.
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| 7. A notification of the continuation privilege shall | 10 |
| be included in each
certificate of coverage.
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| 8. Continuation shall not be available for any employee | 12 |
| who was
discharged because of the commission of a felony in | 13 |
| connection with his
work, or because of theft in connection | 14 |
| with his work, for which the
employer was in no way | 15 |
| responsible; provided the employee admitted his
commission | 16 |
| of the felony or theft or such act has resulted in a | 17 |
| conviction
or order of supervision by a court of competent | 18 |
| jurisdiction.
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| 9. An employee or member without an election of | 20 |
| continuation of coverage pursuant to this Section in effect | 21 |
| on the effective date of this amendatory Act of the 96th | 22 |
| General Assembly may elect continuation pursuant to this | 23 |
| paragraph 9 if the employee or member: (i) would be an | 24 |
| assistance eligible individual as defined in Section | 25 |
| 3001(a)(3) of Title III of Division B of the federal | 26 |
| American Recovery and Reinvestment Act of 2009, if such an |
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| election were in effect and (ii) at the time of termination | 2 |
| was eligible for continuation pursuant to paragraphs 1 and | 3 |
| 2 of this Section. | 4 |
| Unless contrary to the provisions of, or any rules | 5 |
| promulgated pursuant to, Section 3001(a)(7) of Title III of | 6 |
| Division B of the federal American Recovery and | 7 |
| Reinvestment Act of 2009, written notice of continuation | 8 |
| pursuant to this paragraph 9 shall be presented to the | 9 |
| employee or member by the insurer or mailed by the insurer | 10 |
| to the last known address of the employee or member within | 11 |
| 30 days after the effective date of this amendatory Act of | 12 |
| the 96th General Assembly. Such written notice shall | 13 |
| conform to all applicable requirements set forth in Section | 14 |
| 3001(a)(7) of Title III of Division B of the federal | 15 |
| American Recovery and Reinvestment Act of 2009. The | 16 |
| Department shall publish models for the notification that | 17 |
| shall be provided by insurers pursuant to this paragraph 9. | 18 |
| An employee or member electing continuation of | 19 |
| coverage under this paragraph 9 must request such | 20 |
| continuation in writing within 60 days after the date the | 21 |
| employee or member receives written notice of the right of | 22 |
| continuation by the insurer. | 23 |
| Continuation of coverage elected pursuant to this | 24 |
| paragraph 9 shall commence with the first period of | 25 |
| coverage beginning on or after February 17, 2009, the | 26 |
| effective date of the federal American Recovery and |
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| Reinvestment Act of 2009, and shall not extend beyond the | 2 |
| period of continuation that would have been required if the | 3 |
| coverage had been elected pursuant to paragraph 4 of this | 4 |
| Section. | 5 |
| With respect to an employee or member who elects | 6 |
| continuation of coverage under this paragraph 9, the period | 7 |
| beginning on the date of the employee's or member's | 8 |
| involuntary termination of employment and ending on the | 9 |
| date of the first period of coverage on or after February | 10 |
| 17, 2009 shall be disregarded for purposes of determining | 11 |
| the 63-day period referred to in Section 20 of the Illinois | 12 |
| Health Insurance Portability and Accountability Act. | 13 |
| The requirements of this amendatory Act of 1983 shall apply | 14 |
| to any group
policy as defined in this Section, delivered or | 15 |
| issued for delivery on or after
180 days following the | 16 |
| effective date of this amendatory Act of 1983.
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| The requirements of this amendatory Act of 1985 shall apply | 18 |
| to any
group policy as defined in this Section, delivered, | 19 |
| issued for delivery,
renewed or amended on or after 180 days | 20 |
| following the effective date of
this amendatory Act of 1985.
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| (Source: P.A. 96-13, eff. 6-18-09.)
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| Section 10. The Health Maintenance Organization Act is | 23 |
| amended by changing Section 4-9.2 as follows:
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| (215 ILCS 125/4-9.2) (from Ch. 111 1/2, par. 1409.2-2)
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| Sec. 4-9.2. Continuation of group HMO coverage after | 2 |
| termination of
employee or membership. A group contract | 3 |
| delivered, issued for delivery,
renewed, or amended in this | 4 |
| State that covers employees or members for health
care services | 5 |
| shall provide that employees or members whose coverage under
| 6 |
| the group contract would otherwise terminate because of | 7 |
| termination of
employment or membership or because of a | 8 |
| reduction in hours below the minimum
required by the group | 9 |
| contract shall be entitled to continue their coverage
under
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| that group contract, for themselves and their eligible | 11 |
| dependents, subject
to all of the group contract's terms and | 12 |
| conditions applicable to those
forms of coverage and to the | 13 |
| following conditions:
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| (1) Continuation shall only be available to an employee | 15 |
| or member who has
been continuously covered under the group | 16 |
| contract (and for similar
benefits under any group contract | 17 |
| that it replaced) during the entire 3
month period ending | 18 |
| with the termination of employment or membership or
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| reduction in hours below the minimum required by the group | 20 |
| contract. With respect to an employee or member who is | 21 |
| involuntarily terminated between September 1, 2008 and the | 22 |
| end of the period set forth in Section 3001(a)(3)(A) of | 23 |
| Title III of Division B of the federal American Recovery | 24 |
| and Reinvestment Act of 2009, as now or hereafter amended | 25 |
| December 31, 2009 , continuation shall be available if the | 26 |
| employee or member was covered under the group contract the |
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| day prior to such termination.
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| (2) Continuation shall not be available for any | 3 |
| enrollee who is
covered by Medicare, except for those | 4 |
| individuals who have been covered
under a group Medicare | 5 |
| supplement policy. Continuation shall not be
available for | 6 |
| any enrollee who is covered by any other insured or | 7 |
| uninsured
plan that provides hospital, surgical, or | 8 |
| medical coverage for individuals
in a group and under which | 9 |
| the enrollee was not covered immediately
before | 10 |
| termination or reduction in hours below the minimum | 11 |
| required by the
group contract or who exercises his or her | 12 |
| conversion privilege under
the group policy.
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| (3) Continuation need not include dental, vision care, | 14 |
| prescription
drug, or similar supplementary benefits that | 15 |
| are provided under
the group contract in addition to its | 16 |
| basic health care services.
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| (4) Within 10 days after the employee's or member's | 18 |
| termination or reduction in hours below the minimum | 19 |
| required by
the group contract, written notice of | 20 |
| continuation shall be presented
to the employee or member | 21 |
| by the employer. If the employee or member is unavailable, | 22 |
| written notice shall be mailed by the employer to the last
| 23 |
| known address of the employee or member within 10 days | 24 |
| after the employee's or member's termination or reduction | 25 |
| in hours below the minimum required by the group plan. The | 26 |
| employer shall also send a copy of the notice to the HMO. |
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| An employee or member who wishes
continuation of coverage | 2 |
| must request continuation in writing within
the 30 day | 3 |
| period following the later of (i) the date of termination | 4 |
| or
reduction in hours below the minimum required by the | 5 |
| group contract or (ii)
the date the employee is presented | 6 |
| or mailed written notice of the right of continuation by
| 7 |
| either the employer or the group policyholder. In no event, | 8 |
| however, shall the
employee or member elect continuation | 9 |
| more than 60 days after the date of
termination
or | 10 |
| reduction in hours below the minimum required by the group | 11 |
| contract.
Written notice of continuation presented to the | 12 |
| employee or member
by the policyholder, or mailed by the | 13 |
| policyholder to the last known address of
the employee, | 14 |
| shall constitute the giving of notice for the purpose of | 15 |
| this
paragraph. | 16 |
| The HMO shall not deny coverage to the employee or | 17 |
| member due to the employer's failure to provide notice | 18 |
| pursuant to this Section to the employee or member. Until | 19 |
| the end of the period set forth in Section 3001(a)(3)(A) of | 20 |
| Title III of Division B of the federal American Recovery | 21 |
| and Reinvestment Act of 2009, as now or hereafter amended | 22 |
| January 1, 2010 , in the event the employee or member | 23 |
| contacts the HMO regarding continuation rights and advises | 24 |
| that notice has not been provided by the employer or group | 25 |
| policyholder, the HMO shall provide a written explanation | 26 |
| to the employee or member of the employee's or member's |
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| continuation rights pursuant to this Section. | 2 |
| (4a) Unless contrary to the provisions of, or any rules | 3 |
| promulgated pursuant to, Section 3001(a)(7) of Title III of | 4 |
| Division B of the federal American Recovery and | 5 |
| Reinvestment Act of 2009, with respect to employees or | 6 |
| members of health plans that are subject solely to State | 7 |
| continuation coverage and who are terminated or whose | 8 |
| reduction in hours below the minimum required by the group | 9 |
| occurs between the effective date of this amendatory Act of | 10 |
| the 96th General Assembly and the end of the period set | 11 |
| forth in Section 3001(a)(3)(A) of Title III of Division B | 12 |
| of the federal American Recovery and Reinvestment Act of | 13 |
| 2009, as now or hereafter amended December 31, 2009 , the | 14 |
| notice requirements of this Section are not satisfied | 15 |
| unless notice is presented or mailed to the employee or | 16 |
| member by the HMO informing the employee or member of the | 17 |
| availability of premium reduction with respect to such | 18 |
| coverage under the federal American Recovery and | 19 |
| Reinvestment Act of 2009. Such written notice shall conform | 20 |
| to all applicable requirements set forth in Section | 21 |
| 3001(a)(7) of Title III of Division B of the federal | 22 |
| American Recovery and Reinvestment Act of 2009. The | 23 |
| Department shall publish models for the notification that | 24 |
| shall be provided by HMOs pursuant to this paragraph (4a). | 25 |
| (4b) Unless contrary to the provisions of, or any rules | 26 |
| promulgated pursuant to, Section 3001(a)(7) of Title III of |
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|
|
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LRB096 18816 RPM 34202 b |
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| Division B of the federal American Recovery and | 2 |
| Reinvestment Act of 2009, with respect to employees or | 3 |
| members of health plans that are subject solely to State | 4 |
| continuation coverage who were terminated or whose | 5 |
| reduction in hours below the minimum required by the group | 6 |
| occurred between September 1, 2008, and the effective date | 7 |
| of this amendatory Act of the 96th General Assembly and who | 8 |
| have an election of continuation of coverage pursuant to | 9 |
| this Section in effect, notice shall be presented or mailed | 10 |
| to the employee or member by the HMO informing the employee | 11 |
| or member of the availability of premium reduction with | 12 |
| respect to such coverage under the federal American | 13 |
| Recovery and Reinvestment Act of 2009. Such written notice | 14 |
| shall conform to all applicable requirements set forth in | 15 |
| Section 3001(a)(7) of Title III of Division B of the | 16 |
| federal American Recovery and Reinvestment Act of 2009 and | 17 |
| shall be presented or mailed to the employee or member | 18 |
| within 14 days of the effective date of this amendatory Act | 19 |
| of the 96th General Assembly. The Department shall publish | 20 |
| models for the notification that shall be provided by HMOs | 21 |
| pursuant to this paragraph (4b).
| 22 |
| (5) An employee or member electing continuation must | 23 |
| pay to the group
policyholder or his employer, on a monthly | 24 |
| basis in advance, the total
amount of premium required by | 25 |
| the HMO, including that portion of the
premium contributed | 26 |
| by the policyholder or employer, if any, but not more
than |
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|
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| the group rate for the coverage being continued with | 2 |
| appropriate
reduction in premium for any supplementary | 3 |
| benefits that have been
discontinued under paragraph (3) of | 4 |
| this Section. The premium rate required
by the HMO shall be | 5 |
| the applicable premium required on the due date of each
| 6 |
| payment.
| 7 |
| (6) Continuation of coverage under the group contract | 8 |
| for any person
shall terminate when the person becomes | 9 |
| eligible for Medicare or is covered by
any other insured or | 10 |
| uninsured plan that provides hospital, surgical, or
| 11 |
| medical coverage for individuals in a group and under which | 12 |
| the person was not
covered immediately before termination
| 13 |
| or reduction in hours below the minimum required by the | 14 |
| group contract
as provided in paragraph (2) of this
Section | 15 |
| or, if earlier, at the first to occur of the following:
| 16 |
| (a) The expiration of 12 months after the | 17 |
| employee's or member's coverage
because of termination | 18 |
| of employment or membership
or reduction in hours below | 19 |
| the minimum required by the group contract.
| 20 |
| (b) If the employee or member fails to make timely | 21 |
| payment of a
required contribution, the end of the | 22 |
| period for which contributions were made or, with | 23 |
| respect to an employee or member who is an assistance | 24 |
| eligible individual as defined in Section 3001(a)(3) | 25 |
| of Title III of Division B of the federal American | 26 |
| Recovery and Reinvestment Act of 2009, the date that |
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| the individual ceases to be eligible for premium | 2 |
| assistance under Section 3001(a)(2)(A)(ii)(I) of Title | 3 |
| III of Division B of the federal American Recovery and | 4 |
| Reinvestment Act of 2009, as now or hereafter amended .
| 5 |
| (c) The date on which the group contract is | 6 |
| terminated or, in the
case of an employee, the date his | 7 |
| or her employer terminates participation
under the | 8 |
| group contract. If, however, this paragraph applies | 9 |
| and the coverage
ceasing by reason of termination is | 10 |
| replaced by similar coverage under another
group | 11 |
| contract, then (i) the employee or member shall have | 12 |
| the right to become
covered under the replacement group | 13 |
| contract for the balance of the period that
he or she | 14 |
| would have remained covered under the prior group | 15 |
| contract in
accordance with paragraph (6) had a | 16 |
| termination described in this item (c) not
occurred and | 17 |
| (ii) the prior group contract shall continue to provide | 18 |
| benefits
to the extent of its accrued liabilities and | 19 |
| extensions of benefits as if the
replacement had not | 20 |
| occurred.
| 21 |
| (7) A notification of the continuation privilege shall | 22 |
| be included in
each evidence of coverage.
| 23 |
| (8) Continuation shall not be available for any | 24 |
| employee who was
discharged because of the commission of a | 25 |
| felony in connection with his or her
work, or because of | 26 |
| theft in connection with his or her work, for which the
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HB5018 Engrossed |
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LRB096 18816 RPM 34202 b |
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| 1 |
| employer was in no way responsible if the employee (i) | 2 |
| admitted to
committing the felony or theft or (ii) was | 3 |
| convicted or placed under
supervision by a court of | 4 |
| competent jurisdiction.
| 5 |
| (9) An employee or member without an election of | 6 |
| continuation of coverage pursuant to this Section in effect | 7 |
| on the effective date of this amendatory Act of the 96th | 8 |
| General Assembly may elect continuation pursuant to this | 9 |
| paragraph (9) if the employee or member: (i) would be an | 10 |
| assistance eligible individual as defined in Section | 11 |
| 3001(a)(3) of Title III of Division B of the federal | 12 |
| American Recovery and Reinvestment Act of 2009 if such an | 13 |
| election were in effect and (ii) at the time of termination | 14 |
| was eligible for continuation pursuant to paragraphs (1) | 15 |
| and (2) of this Section. | 16 |
| Unless contrary to the provisions of, or any rules | 17 |
| promulgated pursuant to, Section 3001(a)(7) of Title III of | 18 |
| Division B of the federal American Recovery and | 19 |
| Reinvestment Act of 2009, written notice of continuation | 20 |
| pursuant to this paragraph (9) shall be presented to the | 21 |
| employee or member by the HMO or mailed by the HMO to the | 22 |
| last known address of the employee or member within 30 days | 23 |
| after the effective date of this amendatory Act of the 96th | 24 |
| General Assembly. The written notice shall conform to all | 25 |
| applicable requirements set forth in Section 3001(a)(7) of | 26 |
| Title III of Division B of the federal American Recovery |
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HB5018 Engrossed |
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LRB096 18816 RPM 34202 b |
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| 1 |
| and Reinvestment Act of 2009. The Department shall publish | 2 |
| models for the notification that shall be provided by HMOs | 3 |
| pursuant to this paragraph (9). | 4 |
| An employee or member electing continuation of | 5 |
| coverage under this paragraph (9) must request such | 6 |
| continuation in writing within 60 days after the date the | 7 |
| employee or member receives written notice of the right of | 8 |
| continuation by the HMO. | 9 |
| Continuation of coverage elected pursuant to this | 10 |
| paragraph (9) shall commence with the first period of | 11 |
| coverage beginning on or after February 17, 2009, the | 12 |
| effective date of the federal American Recovery and | 13 |
| Reinvestment Act of 2009, and shall not extend beyond the | 14 |
| period of continuation that would have been required if the | 15 |
| coverage had been elected pursuant to paragraph (4) of this | 16 |
| Section. | 17 |
| With respect to an employee or member who elects | 18 |
| continuation of coverage under this paragraph (9), the | 19 |
| period beginning on the date of the employee or member's | 20 |
| involuntary termination of employment and ending on the | 21 |
| date of the first period of coverage on or after February | 22 |
| 17, 2009 shall be disregarded for purposes of determining | 23 |
| the 63-day period referred to in Section 20 of the Illinois | 24 |
| Health Insurance Portability and Accountability Act. | 25 |
| The requirements of this amendatory Act of 1992 shall apply | 26 |
| to any
group contract, as defined in this Section, delivered or |
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HB5018 Engrossed |
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LRB096 18816 RPM 34202 b |
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| 1 |
| issued for
delivery on or after 180 days following the | 2 |
| effective date of this
amendatory Act of 1992.
| 3 |
| (Source: P.A. 96-13, eff. 6-18-09.)
| 4 |
| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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|