State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]

90_HB0161eng

      215 ILCS 5/370c           from Ch. 73, par. 982c
          Amends  the  Illinois  Insurance  Code.   Provides   that
      treatment  for  mental,  emotional,  or  nervous disorders or
      conditions by  a  licensed  clinical  professional  counselor
      shall be covered.  Effective immediately.
                                                     LRB9000024JScw
HB0161 Engrossed                               LRB9000024JScw
 1        AN  ACT  to amend the Illinois Insurance Code by changing
 2    Section 370c.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois  Insurance Code is amended by
 6    changing Section 370c as follows:
 7        (215 ILCS 5/370c) (from Ch. 73, par. 982c)
 8        Sec. 370c. Mental, emotional,  or  nervous  disorders  or
 9    conditions.
10        (1)  On  and  after  the  effective date of this Section,
11    every insurer which delivers, issues for delivery  or  renews
12    or   modifies  group  A&H  policies  providing  coverage  for
13    hospital or medical treatment or services for illness  on  an
14    expense-incurred  basis shall offer to the applicant or group
15    policyholder   subject   to   the   insurers   standards   of
16    insurability, coverage for reasonable and necessary treatment
17    and services for mental, emotional or  nervous  disorders  or
18    conditions,  as   provided  in  the  policy, up to the limits
19    provided in the policy for  other  disorders  or  conditions,
20    except  (i)  the  insured may be required to pay up to 50% of
21    expenses incurred as a result of the treatment  or  services,
22    and  (ii)  the  annual  benefit  limit  may be limited to the
23    lesser of $10,000 or 25% of the lifetime policy limit.
24        (2)  Each insured that is covered for  mental,  emotional
25    or  nervous  disorders  or conditions shall be free to select
26    the physician  licensed  to  practice  medicine  in  all  its
27    branches,  licensed  clinical psychologist, licensed clinical
28    professional counselor, or licensed clinical social worker of
29    his choice to treat such disorders, and the insurer shall pay
30    the covered charges of such physician  licensed  to  practice
31    medicine in all its branches, licensed clinical psychologist,
HB0161 Engrossed            -2-                LRB9000024JScw
 1    licensed   clinical   professional   counselor,  or  licensed
 2    clinical social worker up to the limits of coverage, provided
 3    (i) the disorder or  condition  treated  is  covered  by  the
 4    policy,   and  (ii)  the  physician,  licensed  psychologist,
 5    licensed  clinical  professional   counselor,   or   licensed
 6    clinical social worker is authorized to provide said services
 7    under  the  statutes  of  this  State  and in accordance with
 8    accepted principles of his profession.
 9        Insofar  as  this  Section  applies  solely  to  licensed
10    clinical social workers and  licensed  clinical  professional
11    counselors,   those  persons  who  may  provide  services  to
12    individuals shall do so after the  licensed  clinical  social
13    worker   or  licensed  clinical  professional  counselor  has
14    informed the patient  of  the  desirability  of  the  patient
15    conferring  with the patient's primary care physician and the
16    licensed  clinical  social  worker   or   licensed   clinical
17    professional  counselor  has provided written notification to
18    the patient's primary care physician, if any,  that  services
19    are  being  provided  to the patient.  That notification may,
20    however, be waived by the patient on a written  form.   Those
21    forms  shall  be  retained  by  the  licensed clinical social
22    worker or the licensed clinical professional counselor for  a
23    period of not less than 5 years.
24    (Source: P.A. 86-1434.)
25        Section  99.  Effective date.  This Act takes effect upon
26    becoming law.

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