Full Text of SB2639 103rd General Assembly
SB2639sam002 103RD GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 4/10/2024 | | 10300SB2639sam002 | | LRB103 35235 RPS 72174 a |
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| 1 | | AMENDMENT TO SENATE BILL 2639
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2639 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Section 5-1069.3 as follows: | 6 | | (55 ILCS 5/5-1069.3) | 7 | | Sec. 5-1069.3. Required health benefits. If a county, | 8 | | including a home rule county, is a self-insurer for purposes | 9 | | of providing health insurance coverage for its employees, the | 10 | | coverage shall include coverage for the post-mastectomy care | 11 | | benefits required to be covered by a policy of accident and | 12 | | health insurance under Section 356t and the coverage required | 13 | | under Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, | 14 | | 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, | 15 | | 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, | 16 | | 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, |
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| 1 | | 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, | 2 | | 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and | 3 | | 356z.61, and 356z.62 , 356z.64, 356z.67, 356z.68, and 356z.70 | 4 | | of the Illinois Insurance Code. The coverage shall comply with | 5 | | Sections 155.22a, 355b, 356z.19, and 370c of the Illinois | 6 | | Insurance Code. The Department of Insurance shall enforce the | 7 | | requirements of this Section. The requirement that health | 8 | | benefits be covered as provided in this Section is an | 9 | | exclusive power and function of the State and is a denial and | 10 | | limitation under Article VII, Section 6, subsection (h) of the | 11 | | Illinois Constitution. A home rule county to which this | 12 | | Section applies must comply with every provision of this | 13 | | Section. | 14 | | Rulemaking authority to implement Public Act 95-1045, if | 15 | | any, is conditioned on the rules being adopted in accordance | 16 | | with all provisions of the Illinois Administrative Procedure | 17 | | Act and all rules and procedures of the Joint Committee on | 18 | | Administrative Rules; any purported rule not so adopted, for | 19 | | whatever reason, is unauthorized. | 20 | | (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; | 21 | | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. | 22 | | 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, | 23 | | eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; | 24 | | 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. | 25 | | 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, | 26 | | eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; |
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| 1 | | 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; revised | 2 | | 8-29-23.) | 3 | | Section 10. The Illinois Municipal Code is amended by | 4 | | changing Section 10-4-2.3 as follows: | 5 | | (65 ILCS 5/10-4-2.3) | 6 | | Sec. 10-4-2.3. Required health benefits. If a | 7 | | municipality, including a home rule municipality, is a | 8 | | self-insurer for purposes of providing health insurance | 9 | | coverage for its employees, the coverage shall include | 10 | | coverage for the post-mastectomy care benefits required to be | 11 | | covered by a policy of accident and health insurance under | 12 | | Section 356t and the coverage required under Sections 356g, | 13 | | 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x, 356z.4, | 14 | | 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, | 15 | | 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, | 16 | | 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, | 17 | | 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, | 18 | | 356z.56, 356z.57, 356z.59, 356z.60, and 356z.61, and 356z.62 , | 19 | | 356z.64, 356z.67, 356z.68, and 356z.70 of the Illinois | 20 | | Insurance Code. The coverage shall comply with Sections | 21 | | 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance | 22 | | Code. The Department of Insurance shall enforce the | 23 | | requirements of this Section. The requirement that health | 24 | | benefits be covered as provided in this is an exclusive power |
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| 1 | | and function of the State and is a denial and limitation under | 2 | | Article VII, Section 6, subsection (h) of the Illinois | 3 | | Constitution. A home rule municipality to which this Section | 4 | | applies must comply with every provision of this Section. | 5 | | Rulemaking authority to implement Public Act 95-1045, if | 6 | | any, is conditioned on the rules being adopted in accordance | 7 | | with all provisions of the Illinois Administrative Procedure | 8 | | Act and all rules and procedures of the Joint Committee on | 9 | | Administrative Rules; any purported rule not so adopted, for | 10 | | whatever reason, is unauthorized. | 11 | | (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; | 12 | | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. | 13 | | 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, | 14 | | eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; | 15 | | 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. | 16 | | 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, | 17 | | eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; | 18 | | 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; revised | 19 | | 8-29-23.) | 20 | | Section 15. The School Code is amended by changing Section | 21 | | 10-22.3f as follows: | 22 | | (105 ILCS 5/10-22.3f) | 23 | | Sec. 10-22.3f. Required health benefits. Insurance | 24 | | protection and benefits for employees shall provide the |
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| 1 | | post-mastectomy care benefits required to be covered by a | 2 | | policy of accident and health insurance under Section 356t and | 3 | | the coverage required under Sections 356g, 356g.5, 356g.5-1, | 4 | | 356m, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, | 5 | | 356z.9, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, | 6 | | 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, | 7 | | 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, | 8 | | 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and | 9 | | 356z.61, and 356z.62 , 356z.64, 356z.67, 356z.68, and 356z.70 | 10 | | of the Illinois Insurance Code. Insurance policies shall | 11 | | comply with Section 356z.19 of the Illinois Insurance Code. | 12 | | The coverage shall comply with Sections 155.22a, 355b, and | 13 | | 370c of the Illinois Insurance Code. The Department of | 14 | | Insurance shall enforce the requirements of this Section. | 15 | | Rulemaking authority to implement Public Act 95-1045, if | 16 | | any, is conditioned on the rules being adopted in accordance | 17 | | with all provisions of the Illinois Administrative Procedure | 18 | | Act and all rules and procedures of the Joint Committee on | 19 | | Administrative Rules; any purported rule not so adopted, for | 20 | | whatever reason, is unauthorized. | 21 | | (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; | 22 | | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. | 23 | | 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, | 24 | | eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; | 25 | | 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. | 26 | | 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, |
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| 1 | | eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; | 2 | | 103-551, eff. 8-11-23; revised 8-29-23.) | 3 | | Section 20. The Illinois Insurance Code is amended by | 4 | | changing Section 356m as follows: | 5 | | (215 ILCS 5/356m) (from Ch. 73, par. 968m) | 6 | | Sec. 356m. Infertility coverage. | 7 | | (a) No group policy of accident and health insurance | 8 | | providing coverage for more than 25 employees that provides | 9 | | pregnancy-related pregnancy related benefits may be issued, | 10 | | amended, delivered, or renewed in this State after the | 11 | | effective date of this amendatory Act of the 99th General | 12 | | Assembly unless the policy contains coverage for the diagnosis | 13 | | and treatment of infertility including, but not limited to, in | 14 | | vitro fertilization, uterine embryo lavage, embryo transfer, | 15 | | artificial insemination, gamete intrafallopian tube transfer, | 16 | | zygote intrafallopian tube transfer, and low tubal ovum | 17 | | transfer. | 18 | | (b) The coverage required under subsection (a) is subject | 19 | | to the following conditions: | 20 | | (1) Coverage for procedures for in vitro | 21 | | fertilization, gamete intrafallopian tube transfer, or | 22 | | zygote intrafallopian tube transfer shall be required only | 23 | | if: | 24 | | (A) the covered individual has been unable to |
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| 1 | | attain a viable pregnancy, maintain a viable | 2 | | pregnancy, or sustain a successful pregnancy through | 3 | | reasonable, less costly medically appropriate | 4 | | infertility treatments for which coverage is available | 5 | | under the policy, plan, or contract; | 6 | | (B) the covered individual has not undergone 4 | 7 | | completed oocyte retrievals, except that if a live | 8 | | birth follows a completed oocyte retrieval, then 2 | 9 | | more completed oocyte retrievals shall be covered; and | 10 | | (C) the procedures are performed at medical | 11 | | facilities that conform to the American College of | 12 | | Obstetric and Gynecology guidelines for in vitro | 13 | | fertilization clinics or to the American Fertility | 14 | | Society minimal standards for programs of in vitro | 15 | | fertilization. | 16 | | (1.5) For a group policy of accident and health | 17 | | insurance that provides pregnancy-related benefits that is | 18 | | issued, amended, delivered, or renewed in this State after | 19 | | January 1, 2026, if the requirements of paragraph (1) are | 20 | | met or if the covered individual obtains, from a physician | 21 | | licensed to practice medicine in all its branches, a | 22 | | recommendation approving the covered individual to seek in | 23 | | vitro fertilization, gamete intrafallopian tube transfer, | 24 | | or zygote intrafallopian tube transfer based on any of the | 25 | | following: (i) the covered individual's medical, sexual, | 26 | | and reproductive history; (ii) the covered individual's |
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| 1 | | age; (iii) physical findings; or (iv) diagnostic testing, | 2 | | then the procedure shall be covered without any other | 3 | | restrictions or requirements. | 4 | | (2) The procedures required to be covered under this | 5 | | Section are not required to be contained in any policy or | 6 | | plan issued to or by a religious institution or | 7 | | organization or to or by an entity sponsored by a | 8 | | religious institution or organization that finds the | 9 | | procedures required to be covered under this Section to | 10 | | violate its religious and moral teachings and beliefs. | 11 | | (c) As used in this Section, "infertility" means a | 12 | | disease, condition, or status characterized by: | 13 | | (1) a failure to establish a pregnancy or to carry a | 14 | | pregnancy to live birth after 12 months of regular, | 15 | | unprotected sexual intercourse if the woman is 35 years of | 16 | | age or younger, or after 6 months of regular, unprotected | 17 | | sexual intercourse if the woman is over 35 years of age; | 18 | | conceiving but having a miscarriage does not restart the | 19 | | 12-month or 6-month term for determining infertility; | 20 | | (2) a person's inability to reproduce either as a | 21 | | single individual or with a partner without medical | 22 | | intervention; or | 23 | | (3) a licensed physician's findings based on a | 24 | | patient's medical, sexual, and reproductive history, age, | 25 | | physical findings, or diagnostic testing. | 26 | | (d) A policy, contract, or certificate may not impose any |
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| 1 | | exclusions, limitations, or other restrictions on coverage of | 2 | | fertility medications that are different from those imposed on | 3 | | any other prescription medications, nor may it impose any | 4 | | exclusions, limitations, or other restrictions on coverage of | 5 | | any fertility services based on a covered individual's | 6 | | participation in fertility services provided by or to a third | 7 | | party, nor may it impose deductibles, copayments, coinsurance, | 8 | | benefit maximums, waiting periods, or any other limitations on | 9 | | coverage for the diagnosis of infertility, treatment for | 10 | | infertility, and standard fertility preservation services, | 11 | | except as provided in this Section, that are different from | 12 | | those imposed upon benefits for services not related to | 13 | | infertility. | 14 | | (Source: P.A. 102-170, eff. 1-1-22 .) | 15 | | Section 25. The Limited Health Service Organization Act is | 16 | | amended by changing Section 4003 as follows: | 17 | | (215 ILCS 130/4003) (from Ch. 73, par. 1504-3) | 18 | | Sec. 4003. Illinois Insurance Code provisions. Limited | 19 | | health service organizations shall be subject to the | 20 | | provisions of Sections 133, 134, 136, 137, 139, 140, 141.1, | 21 | | 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, | 22 | | 154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 155.49, 355.2, | 23 | | 355.3, 355b, 356m, 356q, 356v, 356z.4, 356z.4a, 356z.10, | 24 | | 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, |
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| 1 | | 356z.32, 356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, | 2 | | 356z.54, 356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68, | 3 | | 364.3, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, | 4 | | 444, and 444.1 and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, | 5 | | XIII 1/2, XXV, and XXVI of the Illinois Insurance Code. | 6 | | Nothing in this Section shall require a limited health care | 7 | | plan to cover any service that is not a limited health service. | 8 | | For purposes of the Illinois Insurance Code, except for | 9 | | Sections 444 and 444.1 and Articles XIII and XIII 1/2, limited | 10 | | health service organizations in the following categories are | 11 | | deemed to be domestic companies: | 12 | | (1) a corporation under the laws of this State; or | 13 | | (2) a corporation organized under the laws of another | 14 | | state, 30% or more of the enrollees of which are residents | 15 | | of this State, except a corporation subject to | 16 | | substantially the same requirements in its state of | 17 | | organization as is a domestic company under Article VIII | 18 | | 1/2 of the Illinois Insurance Code. | 19 | | (Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; | 20 | | 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-731, eff. | 21 | | 1-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816, | 22 | | eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; | 23 | | 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. | 24 | | 1-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445, | 25 | | eff. 1-1-24; revised 8-29-23.) |
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| 1 | | Section 30. The Voluntary Health Services Plans Act is | 2 | | amended by changing Section 10 as follows: | 3 | | (215 ILCS 165/10) (from Ch. 32, par. 604) | 4 | | Sec. 10. Application of Insurance Code provisions. Health | 5 | | services plan corporations and all persons interested therein | 6 | | or dealing therewith shall be subject to the provisions of | 7 | | Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140, | 8 | | 143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, | 9 | | 356g, 356g.5, 356g.5-1, 356m, 356q, 356r, 356t, 356u, 356v, | 10 | | 356w, 356x, 356y, 356z.1, 356z.2, 356z.3a, 356z.4, 356z.4a, | 11 | | 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, | 12 | | 356z.13, 356z.14, 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, | 13 | | 356z.25, 356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, | 14 | | 356z.33, 356z.40, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, | 15 | | 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, | 16 | | 356z.64, 356z.67, 356z.68, 364.01, 364.3, 367.2, 368a, 401, | 17 | | 401.1, 402, 403, 403A, 408, 408.2, and 412, and paragraphs (7) | 18 | | and (15) of Section 367 of the Illinois Insurance Code. | 19 | | Rulemaking authority to implement Public Act 95-1045, if | 20 | | any, is conditioned on the rules being adopted in accordance | 21 | | with all provisions of the Illinois Administrative Procedure | 22 | | Act and all rules and procedures of the Joint Committee on | 23 | | Administrative Rules; any purported rule not so adopted, for | 24 | | whatever reason, is unauthorized. | 25 | | (Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; |
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| 1 | | 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. | 2 | | 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804, | 3 | | eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; | 4 | | 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff. | 5 | | 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, | 6 | | eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; | 7 | | 103-551, eff. 8-11-23; revised 8-29-23.) | 8 | | Section 35. The Illinois Public Aid Code is amended by | 9 | | changing Section 5-16.8 as follows: | 10 | | (305 ILCS 5/5-16.8) | 11 | | Sec. 5-16.8. Required health benefits. The medical | 12 | | assistance program shall (i) provide the post-mastectomy care | 13 | | benefits required to be covered by a policy of accident and | 14 | | health insurance under Section 356t and the coverage required | 15 | | under Sections 356g.5, 356m, 356q, 356u, 356w, 356x, 356z.6, | 16 | | 356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46, | 17 | | 356z.47, 356z.51, 356z.53, 356z.56, 356z.59, 356z.60, and | 18 | | 356z.61 , 356z.64, and 356z.67 of the Illinois Insurance Code, | 19 | | (ii) be subject to the provisions of Sections 356z.19, | 20 | | 356z.44, 356z.49, 364.01, 370c, and 370c.1 of the Illinois | 21 | | Insurance Code, and (iii) be subject to the provisions of | 22 | | subsection (d-5) of Section 10 of the Network Adequacy and | 23 | | Transparency Act. | 24 | | The Department, by rule, shall adopt a model similar to |
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| 1 | | the requirements of Section 356z.39 of the Illinois Insurance | 2 | | Code. | 3 | | On and after July 1, 2012, the Department shall reduce any | 4 | | rate of reimbursement for services or other payments or alter | 5 | | any methodologies authorized by this Code to reduce any rate | 6 | | of reimbursement for services or other payments in accordance | 7 | | with Section 5-5e. | 8 | | To ensure full access to the benefits set forth in this | 9 | | Section, on and after January 1, 2016, the Department shall | 10 | | ensure that provider and hospital reimbursement for | 11 | | post-mastectomy care benefits required under this Section are | 12 | | no lower than the Medicare reimbursement rate. | 13 | | (Source: P.A. 102-30, eff. 1-1-22; 102-144, eff. 1-1-22; | 14 | | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-530, eff. | 15 | | 1-1-22; 102-642, eff. 1-1-22; 102-804, eff. 1-1-23; 102-813, | 16 | | eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093, eff. 1-1-23; | 17 | | 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. | 18 | | 1-1-24; 103-420, eff. 1-1-24; revised 12-15-23.) | 19 | | Section 99. Effective date. This Act takes effect January | 20 | | 1, 2026.". |
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