Illinois General Assembly - Full Text of SB0667
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Full Text of SB0667  101st General Assembly

SB0667enr 101ST GENERAL ASSEMBLY



 


 
SB0667 EnrolledLRB101 04428 SMS 49436 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Findings. The General Assembly finds and
5declares that:
6        (1) Diabetes affects approximately 1,300,000 adults in
7    Illinois (12.5% of the population);
8        (2) Diabetes is the seventh leading cause of death
9    nationally and in Illinois;
10        (3) The toll on the U.S. economy has increased by more
11    than 40% since 2007, costing the country $245,000,000,000
12    in 2012;
13        (4) When someone has diabetes, the body either does not
14    make enough insulin or is unable to use its own insulin,
15    causing glucose levels to rise higher than normal in the
16    blood;
17        (5) For people with Type 1 diabetes, near-constant
18    self-management of glucose levels is essential to prevent
19    life-threatening complications;
20        (6) From 2012 to 2016, the average price of insulin
21    increased from 13 cents per unit to 25 cents per unit;
22    therefore,
23    It is necessary for the State to enact laws to reduce the
24costs for Illinoisans with diabetes and increase their access

 

 

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1to life-saving and life-sustaining insulin.
 
2    Section 5. The State Employees Group Insurance Act of 1971
3is amended by changing Section 6.11 as follows:
 
4    (5 ILCS 375/6.11)
5    Sec. 6.11. Required health benefits; Illinois Insurance
6Code requirements. The program of health benefits shall provide
7the post-mastectomy care benefits required to be covered by a
8policy of accident and health insurance under Section 356t of
9the Illinois Insurance Code. The program of health benefits
10shall provide the coverage required under Sections 356g,
11356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
12356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,
13356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 356z.25, 356z.26,
14356z.29, 356z.30a, 356z.32, and 356z.33, 356z.36, and 356z.41
15of the Illinois Insurance Code. The program of health benefits
16must comply with Sections 155.22a, 155.37, 355b, 356z.19, 370c,
17and 370c.1, and Article XXXIIB of the Illinois Insurance Code.
18The Department of Insurance shall enforce the requirements of
19this Section with respect to Sections 370c and 370c.1 of the
20Illinois Insurance Code; all other requirements of this Section
21shall be enforced by the Department of Central Management
22Services.
23    Rulemaking authority to implement Public Act 95-1045, if
24any, is conditioned on the rules being adopted in accordance

 

 

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1with all provisions of the Illinois Administrative Procedure
2Act and all rules and procedures of the Joint Committee on
3Administrative Rules; any purported rule not so adopted, for
4whatever reason, is unauthorized.
5(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
6100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
71-1-19; 100-1102, eff. 1-1-19; 100-1170, eff. 6-1-19; 101-13,
8eff. 6-12-19; 101-281, eff. 1-1-20; 101-393, eff. 1-1-20;
9101-452, eff. 1-1-20; 101-461, eff. 1-1-20; revised 10-16-19.)
 
10    Section 15. The Counties Code is amended by changing
11Section 5-1069.3 as follows:
 
12    (55 ILCS 5/5-1069.3)
13    Sec. 5-1069.3. Required health benefits. If a county,
14including a home rule county, is a self-insurer for purposes of
15providing health insurance coverage for its employees, the
16coverage shall include coverage for the post-mastectomy care
17benefits required to be covered by a policy of accident and
18health insurance under Section 356t and the coverage required
19under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,
20356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
21356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
22356z.30a, and 356z.32, and 356z.33, 356z.36, and 356z.41 of the
23Illinois Insurance Code. The coverage shall comply with
24Sections 155.22a, 355b, 356z.19, and 370c of the Illinois

 

 

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1Insurance Code. The Department of Insurance shall enforce the
2requirements of this Section. The requirement that health
3benefits be covered as provided in this Section is an exclusive
4power and function of the State and is a denial and limitation
5under Article VII, Section 6, subsection (h) of the Illinois
6Constitution. A home rule county to which this Section applies
7must comply with every provision of this Section.
8    Rulemaking authority to implement Public Act 95-1045, if
9any, is conditioned on the rules being adopted in accordance
10with all provisions of the Illinois Administrative Procedure
11Act and all rules and procedures of the Joint Committee on
12Administrative Rules; any purported rule not so adopted, for
13whatever reason, is unauthorized.
14(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
15100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
161-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
17eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20;
18revised 10-16-19.)
 
19    Section 20. The Illinois Municipal Code is amended by
20changing Section 10-4-2.3 as follows:
 
21    (65 ILCS 5/10-4-2.3)
22    Sec. 10-4-2.3. Required health benefits. If a
23municipality, including a home rule municipality, is a
24self-insurer for purposes of providing health insurance

 

 

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1coverage for its employees, the coverage shall include coverage
2for the post-mastectomy care benefits required to be covered by
3a policy of accident and health insurance under Section 356t
4and the coverage required under Sections 356g, 356g.5,
5356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10,
6356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25,
7356z.26, 356z.29, 356z.30a, and 356z.32, and 356z.33, 356z.36,
8and 356z.41 of the Illinois Insurance Code. The coverage shall
9comply with Sections 155.22a, 355b, 356z.19, and 370c of the
10Illinois Insurance Code. The Department of Insurance shall
11enforce the requirements of this Section. The requirement that
12health benefits be covered as provided in this is an exclusive
13power and function of the State and is a denial and limitation
14under Article VII, Section 6, subsection (h) of the Illinois
15Constitution. A home rule municipality to which this Section
16applies must comply with every provision of this Section.
17    Rulemaking authority to implement Public Act 95-1045, if
18any, is conditioned on the rules being adopted in accordance
19with all provisions of the Illinois Administrative Procedure
20Act and all rules and procedures of the Joint Committee on
21Administrative Rules; any purported rule not so adopted, for
22whatever reason, is unauthorized.
23(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
24100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
251-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
26eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20;

 

 

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1revised 10-16-19.)
 
2    Section 25. The School Code is amended by changing Section
310-22.3f as follows:
 
4    (105 ILCS 5/10-22.3f)
5    Sec. 10-22.3f. Required health benefits. Insurance
6protection and benefits for employees shall provide the
7post-mastectomy care benefits required to be covered by a
8policy of accident and health insurance under Section 356t and
9the coverage required under Sections 356g, 356g.5, 356g.5-1,
10356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.11, 356z.12,
11356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
12356z.30a, and 356z.32, and 356z.33, 356z.36, and 356z.41 of the
13Illinois Insurance Code. Insurance policies shall comply with
14Section 356z.19 of the Illinois Insurance Code. The coverage
15shall comply with Sections 155.22a, 355b, and 370c of the
16Illinois Insurance Code. The Department of Insurance shall
17enforce the requirements of this Section.
18    Rulemaking authority to implement Public Act 95-1045, if
19any, is conditioned on the rules being adopted in accordance
20with all provisions of the Illinois Administrative Procedure
21Act and all rules and procedures of the Joint Committee on
22Administrative Rules; any purported rule not so adopted, for
23whatever reason, is unauthorized.
24(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;

 

 

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1100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
21-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
3eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20;
4revised 10-16-19.)
 
5    Section 30. The Illinois Insurance Code is amended by
6changing Section 356w and by adding Sections 356z.41 and
7356z.42 as follows:
 
8    (215 ILCS 5/356w)
9    Sec. 356w. Diabetes self-management training and
10education.
11    (a) A group policy of accident and health insurance that is
12amended, delivered, issued, or renewed after the effective date
13of this amendatory Act of 1998 shall provide coverage for
14outpatient self-management training and education, equipment,
15and supplies, as set forth in this Section, for the treatment
16of type 1 diabetes, type 2 diabetes, and gestational diabetes
17mellitus.
18    (b) As used in this Section:
19    "Diabetes self-management training" means instruction in
20an outpatient setting which enables a diabetic patient to
21understand the diabetic management process and daily
22management of diabetic therapy as a means of avoiding frequent
23hospitalization and complications. Diabetes self-management
24training shall include the content areas listed in the National

 

 

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1Standards for Diabetes Self-Management Education Programs as
2published by the American Diabetes Association, including
3medical nutrition therapy and education programs, as defined by
4the contract of insurance, that allow the patient to maintain
5an A1c level within the range identified in nationally
6recognized standards of care.
7    "Medical nutrition therapy" shall have the meaning
8ascribed to that term in the Dietitian Nutritionist Practice
9Act.
10    "Physician" means a physician licensed to practice
11medicine in all of its branches providing care to the
12individual.
13    "Qualified provider" for an individual that is enrolled in:
14        (1) a health maintenance organization that uses a
15    primary care physician to control access to specialty care
16    means (A) the individual's primary care physician licensed
17    to practice medicine in all of its branches, (B) a
18    physician licensed to practice medicine in all of its
19    branches to whom the individual has been referred by the
20    primary care physician, or (C) a certified, registered, or
21    licensed network health care professional with expertise
22    in diabetes management to whom the individual has been
23    referred by the primary care physician.
24        (2) an insurance plan means (A) a physician licensed to
25    practice medicine in all of its branches or (B) a
26    certified, registered, or licensed health care

 

 

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1    professional with expertise in diabetes management to whom
2    the individual has been referred by a physician.
3    (c) Coverage under this Section for diabetes
4self-management training, including medical nutrition
5education, shall be limited to the following:
6        (1) Up to 3 medically necessary visits to a qualified
7    provider upon initial diagnosis of diabetes by the
8    patient's physician or, if diagnosis of diabetes was made
9    within one year prior to the effective date of this
10    amendatory Act of 1998 where the insured was a covered
11    individual, up to 3 medically necessary visits to a
12    qualified provider within one year after that effective
13    date.
14        (2) Up to 2 medically necessary visits to a qualified
15    provider upon a determination by a patient's physician that
16    a significant change in the patient's symptoms or medical
17    condition has occurred. A "significant change" in
18    condition means symptomatic hyperglycemia (greater than
19    250 mg/dl on repeated occasions), severe hypoglycemia
20    (requiring the assistance of another person), onset or
21    progression of diabetes, or a significant change in medical
22    condition that would require a significantly different
23    treatment regimen.
24    Payment by the insurer or health maintenance organization
25for the coverage required for diabetes self-management
26training pursuant to the provisions of this Section is only

 

 

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1required to be made for services provided. No coverage is
2required for additional visits beyond those specified in items
3(1) and (2) of this subsection.
4    Coverage under this subsection (c) for diabetes
5self-management training shall be subject to the same
6deductible, co-payment, and co-insurance provisions that apply
7to coverage under the policy for other services provided by the
8same type of provider.
9    (d) Coverage shall be provided for the following equipment
10when medically necessary and prescribed by a physician licensed
11to practice medicine in all of its branches. Coverage for the
12following items shall be subject to deductible, co-payment and
13co-insurance provisions provided for under the policy or a
14durable medical equipment rider to the policy:
15        (1) blood glucose monitors;
16        (2) blood glucose monitors for the legally blind;
17        (3) cartridges for the legally blind; and
18        (4) lancets and lancing devices.
19    This subsection does not apply to a group policy of
20accident and health insurance that does not provide a durable
21medical equipment benefit.
22    (e) Coverage shall be provided for the following
23pharmaceuticals and supplies when medically necessary and
24prescribed by a physician licensed to practice medicine in all
25of its branches. Coverage for the following items shall be
26subject to the same coverage, deductible, co-payment, and

 

 

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1co-insurance provisions under the policy or a drug rider to the
2policy, except as otherwise provided for under Section 356z.41:
3        (1) insulin;
4        (2) syringes and needles;
5        (3) test strips for glucose monitors;
6        (4) FDA approved oral agents used to control blood
7    sugar; and
8        (5) glucagon emergency kits.
9    This subsection does not apply to a group policy of
10accident and health insurance that does not provide a drug
11benefit.
12    (f) Coverage shall be provided for regular foot care exams
13by a physician or by a physician to whom a physician has
14referred the patient. Coverage for regular foot care exams
15shall be subject to the same deductible, co-payment, and
16co-insurance provisions that apply under the policy for other
17services provided by the same type of provider.
18    (g) If authorized by a physician, diabetes self-management
19training may be provided as a part of an office visit, group
20setting, or home visit.
21    (h) This Section shall not apply to agreements, contracts,
22or policies that provide coverage for a specified diagnosis or
23other limited benefit coverage.
24(Source: P.A. 97-281, eff. 1-1-12; 97-1141, eff. 12-28-12.)
 
25    (215 ILCS 5/356z.41 new)

 

 

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1    Sec. 356z.41. Cost sharing in prescription insulin drugs;
2limits; confidentiality of rebate information.
3    (a) As used in this Section, "prescription insulin drug"
4means a prescription drug that contains insulin and is used to
5control blood glucose levels to treat diabetes but does not
6include an insulin drug that is administered to a patient
7intravenously.
8    (b) This Section applies to a group or individual policy of
9accident and health insurance amended, delivered, issued, or
10renewed on or after the effective date of this amendatory Act
11of the 101st General Assembly.
12    (c) An insurer that provides coverage for prescription
13insulin drugs pursuant to the terms of a health coverage plan
14the insurer offers shall limit the total amount that an insured
15is required to pay for a 30-day supply of covered prescription
16insulin drugs at an amount not to exceed $100, regardless of
17the quantity or type of covered prescription insulin drug used
18to fill the insured's prescription.
19    (d) Nothing in this Section prevents an insurer from
20reducing an insured's cost sharing by an amount greater than
21the amount specified in subsection (c).
22    (e) The Director may use any of the Director's enforcement
23powers to obtain an insurer's compliance with this Section.
24    (f) The Department may adopt rules as necessary to
25implement and administer this Section and to align it with
26federal requirements.

 

 

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1    (g) On January 1 of each year, the limit on the amount that
2an insured is required to pay for a 30-day supply of a covered
3prescription insulin drug shall increase by a percentage equal
4to the percentage change from the preceding year in the medical
5care component of the Consumer Price Index of the Bureau of
6Labor Statistics of the United States Department of Labor.
 
7    (215 ILCS 5/356z.42 new)
8    Sec. 356z.42. Insulin pricing report. By November 1, 2020,
9the Department of Insurance in conjunction with the Department
10of Human Services and the Department of Healthcare and Family
11Services shall make available to the public a report that
12details each Department's findings for the following:
13    (1) a summary of insulin pricing practices and variables
14that contribute to pricing of health coverage plans;
15    (2) public policy recommendations to control and prevent
16overpricing of prescription insulin drugs made available to
17Illinois consumers; and
18    (3) any other information the Department finds necessary.
19    This Section is repealed December 31, 2020.
 
20    Section 35. The Health Maintenance Organization Act is
21amended by changing Section 5-3 as follows:
 
22    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)
23    Sec. 5-3. Insurance Code provisions.

 

 

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1    (a) Health Maintenance Organizations shall be subject to
2the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
3141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
4154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,
5355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4,
6356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
7356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19,
8356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30,
9356z.30a, 356z.32, 356z.33, 356z.35, 356z.36, 356z.41, 364,
10364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, 368e,
11370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412,
12444, and 444.1, paragraph (c) of subsection (2) of Section 367,
13and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV,
14XXVI, and XXXIIB of the Illinois Insurance Code.
15    (b) For purposes of the Illinois Insurance Code, except for
16Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
17Maintenance Organizations in the following categories are
18deemed to be "domestic companies":
19        (1) a corporation authorized under the Dental Service
20    Plan Act or the Voluntary Health Services Plans Act;
21        (2) a corporation organized under the laws of this
22    State; or
23        (3) a corporation organized under the laws of another
24    state, 30% or more of the enrollees of which are residents
25    of this State, except a corporation subject to
26    substantially the same requirements in its state of

 

 

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1    organization as is a "domestic company" under Article VIII
2    1/2 of the Illinois Insurance Code.
3    (c) In considering the merger, consolidation, or other
4acquisition of control of a Health Maintenance Organization
5pursuant to Article VIII 1/2 of the Illinois Insurance Code,
6        (1) the Director shall give primary consideration to
7    the continuation of benefits to enrollees and the financial
8    conditions of the acquired Health Maintenance Organization
9    after the merger, consolidation, or other acquisition of
10    control takes effect;
11        (2)(i) the criteria specified in subsection (1)(b) of
12    Section 131.8 of the Illinois Insurance Code shall not
13    apply and (ii) the Director, in making his determination
14    with respect to the merger, consolidation, or other
15    acquisition of control, need not take into account the
16    effect on competition of the merger, consolidation, or
17    other acquisition of control;
18        (3) the Director shall have the power to require the
19    following information:
20            (A) certification by an independent actuary of the
21        adequacy of the reserves of the Health Maintenance
22        Organization sought to be acquired;
23            (B) pro forma financial statements reflecting the
24        combined balance sheets of the acquiring company and
25        the Health Maintenance Organization sought to be
26        acquired as of the end of the preceding year and as of

 

 

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1        a date 90 days prior to the acquisition, as well as pro
2        forma financial statements reflecting projected
3        combined operation for a period of 2 years;
4            (C) a pro forma business plan detailing an
5        acquiring party's plans with respect to the operation
6        of the Health Maintenance Organization sought to be
7        acquired for a period of not less than 3 years; and
8            (D) such other information as the Director shall
9        require.
10    (d) The provisions of Article VIII 1/2 of the Illinois
11Insurance Code and this Section 5-3 shall apply to the sale by
12any health maintenance organization of greater than 10% of its
13enrollee population (including without limitation the health
14maintenance organization's right, title, and interest in and to
15its health care certificates).
16    (e) In considering any management contract or service
17agreement subject to Section 141.1 of the Illinois Insurance
18Code, the Director (i) shall, in addition to the criteria
19specified in Section 141.2 of the Illinois Insurance Code, take
20into account the effect of the management contract or service
21agreement on the continuation of benefits to enrollees and the
22financial condition of the health maintenance organization to
23be managed or serviced, and (ii) need not take into account the
24effect of the management contract or service agreement on
25competition.
26    (f) Except for small employer groups as defined in the

 

 

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1Small Employer Rating, Renewability and Portability Health
2Insurance Act and except for medicare supplement policies as
3defined in Section 363 of the Illinois Insurance Code, a Health
4Maintenance Organization may by contract agree with a group or
5other enrollment unit to effect refunds or charge additional
6premiums under the following terms and conditions:
7        (i) the amount of, and other terms and conditions with
8    respect to, the refund or additional premium are set forth
9    in the group or enrollment unit contract agreed in advance
10    of the period for which a refund is to be paid or
11    additional premium is to be charged (which period shall not
12    be less than one year); and
13        (ii) the amount of the refund or additional premium
14    shall not exceed 20% of the Health Maintenance
15    Organization's profitable or unprofitable experience with
16    respect to the group or other enrollment unit for the
17    period (and, for purposes of a refund or additional
18    premium, the profitable or unprofitable experience shall
19    be calculated taking into account a pro rata share of the
20    Health Maintenance Organization's administrative and
21    marketing expenses, but shall not include any refund to be
22    made or additional premium to be paid pursuant to this
23    subsection (f)). The Health Maintenance Organization and
24    the group or enrollment unit may agree that the profitable
25    or unprofitable experience may be calculated taking into
26    account the refund period and the immediately preceding 2

 

 

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1    plan years.
2    The Health Maintenance Organization shall include a
3statement in the evidence of coverage issued to each enrollee
4describing the possibility of a refund or additional premium,
5and upon request of any group or enrollment unit, provide to
6the group or enrollment unit a description of the method used
7to calculate (1) the Health Maintenance Organization's
8profitable experience with respect to the group or enrollment
9unit and the resulting refund to the group or enrollment unit
10or (2) the Health Maintenance Organization's unprofitable
11experience with respect to the group or enrollment unit and the
12resulting additional premium to be paid by the group or
13enrollment unit.
14    In no event shall the Illinois Health Maintenance
15Organization Guaranty Association be liable to pay any
16contractual obligation of an insolvent organization to pay any
17refund authorized under this Section.
18    (g) Rulemaking authority to implement Public Act 95-1045,
19if any, is conditioned on the rules being adopted in accordance
20with all provisions of the Illinois Administrative Procedure
21Act and all rules and procedures of the Joint Committee on
22Administrative Rules; any purported rule not so adopted, for
23whatever reason, is unauthorized.
24(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
25100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.
261-1-19; 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19; 101-81,

 

 

SB0667 Enrolled- 19 -LRB101 04428 SMS 49436 b

1eff. 7-12-19; 101-281, eff. 1-1-20; 101-371, eff. 1-1-20;
2101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
31-1-20; revised 10-16-19.)
 
4    Section 40. The Limited Health Service Organization Act is
5amended by changing Section 4003 as follows:
 
6    (215 ILCS 130/4003)  (from Ch. 73, par. 1504-3)
7    Sec. 4003. Illinois Insurance Code provisions. Limited
8health service organizations shall be subject to the provisions
9of Sections 133, 134, 136, 137, 139, 140, 141.1, 141.2, 141.3,
10143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6,
11154.7, 154.8, 155.04, 155.37, 355.2, 355.3, 355b, 356v,
12356z.10, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29,
13356z.30a, 356z.32, 356z.33, 356z.41, 368a, 401, 401.1, 402,
14403, 403A, 408, 408.2, 409, 412, 444, and 444.1 and Articles
15IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of
16the Illinois Insurance Code. For purposes of the Illinois
17Insurance Code, except for Sections 444 and 444.1 and Articles
18XIII and XIII 1/2, limited health service organizations in the
19following categories are deemed to be domestic companies:
20        (1) a corporation under the laws of this State; or
21        (2) a corporation organized under the laws of another
22    state, 30% or more of the enrollees of which are residents
23    of this State, except a corporation subject to
24    substantially the same requirements in its state of

 

 

SB0667 Enrolled- 20 -LRB101 04428 SMS 49436 b

1    organization as is a domestic company under Article VIII
2    1/2 of the Illinois Insurance Code.
3(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
4100-201, eff. 8-18-17; 100-863, eff. 8-14-18; 100-1057, eff.
51-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
6eff. 1-1-20; 101-393, eff. 1-1-20; revised 10-16-19.)
 
7    Section 45. The Voluntary Health Services Plans Act is
8amended by changing Section 10 as follows:
 
9    (215 ILCS 165/10)  (from Ch. 32, par. 604)
10    Sec. 10. Application of Insurance Code provisions. Health
11services plan corporations and all persons interested therein
12or dealing therewith shall be subject to the provisions of
13Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
14143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g,
15356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x, 356y,
16356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8,
17356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,
18356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29,
19356z.30, 356z.30a, 356z.32, 356z.33, 356z.41, 364.01, 367.2,
20368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and
21paragraphs (7) and (15) of Section 367 of the Illinois
22Insurance Code.
23    Rulemaking authority to implement Public Act 95-1045, if
24any, is conditioned on the rules being adopted in accordance

 

 

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1with all provisions of the Illinois Administrative Procedure
2Act and all rules and procedures of the Joint Committee on
3Administrative Rules; any purported rule not so adopted, for
4whatever reason, is unauthorized.
5(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
6100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.
71-1-19; 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19; 101-81,
8eff. 7-12-19; 101-281, eff. 1-1-20; 101-393, eff. 1-1-20;
9revised 10-16-19.)
 
10    Section 99. Effective date. This Act takes effect January
111, 2021, except that Section 356z.42 and this Section take
12effect upon becoming law.