State of Illinois
92nd General Assembly
Legislation

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92_HB1390

 
                                               LRB9203581JSpc

 1        AN ACT in relation to insurance.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Health Maintenance  Organization  Act  is
 5    amended by changing Section 4-5 as follows:

 6        (215 ILCS 125/4-5) (from Ch. 111 1/2, par. 1408.5)
 7        Sec.  4-5.  Organ Transplants. No contract or evidence of
 8    coverage issued by a  health  maintenance  organization  that
 9    which  provides  coverage for health care services shall deny
10    reimbursement for an otherwise covered expense  incurred  for
11    any  organ transplantation procedure solely on the basis that
12    such procedure  is  deemed  experimental  or  investigational
13    unless supported by the determination of the Office of Health
14    Care  Technology Assessment within the Agency for Health Care
15    Policy and Research within the federal Department  of  Health
16    and Human Services that such procedure is either experimental
17    or  investigational  or  that  there  is insufficient data or
18    experience to  determine  whether  an  organ  transplantation
19    procedure  is  clinically acceptable. If a health maintenance
20    organization has made written request, or had one made on its
21    behalf by a national organization, for determination  by  the
22    Office of Health Care Technology Assessment within the Agency
23    for  Health  Care  Policy  and  Research  within  the federal
24    Department of Health and  Human  Services  as  to  whether  a
25    specific   organ   transplantation  procedure  is  clinically
26    acceptable and said organization fails to respond to  such  a
27    request within a period of 90 days, the failure to act may be
28    deemed  a  determination  that  the procedure is deemed to be
29    experimental or investigational.
30    (Source: P.A. 87-218.)

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