State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0148

SB867 Enrolled                                 LRB9203901JSpc

    AN ACT concerning insurance.

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

    Section 5.  The Illinois Insurance  Code  is  amended  by
changing  Sections  351A-1,  351A-4,  351A-7,  and 351A-8 and
adding Sections 351A-9.2 and 351A-9.3 as follows:

    (215 ILCS 5/351A-1) (from Ch. 73, par. 963A-1)
    Sec. 351A-1.  Definitions.  Unless the  context  requires
otherwise, in this Article:
    (a)  "Long-term  care  insurance"  means any accident and
health  insurance  policy  or  rider  advertised,   marketed,
offered  or designed to provide coverage for not less than 12
consecutive months for each  covered  person  on  an  expense
incurred,  indemnity, prepaid or other basis, for one or more
necessary  or  medically  necessary  diagnostic,  preventive,
therapeutic, rehabilitative, maintenance,  or  personal  care
services, provided in a setting other than an acute care unit
of  a  hospital.   Such  term  includes  group and individual
annuities and life insurance policies or riders which provide
directly or which supplement long-term care  insurance.   The
term  also  includes  a  policy  or  rider  that provides for
payment of benefits based upon cognitive  impairment  or  the
loss  of  functional  capacity.   The term shall also include
qualified long-term care insurance contracts.  Long-term care
insurance  may  be  issued  by  insurers,  fraternal  benefit
societies, nonprofit health, hospital,  and  medical  service
corporations,   prepaid   health  plans,  health  maintenance
organizations or any similar organization to the extent  they
are  otherwise  authorized to issue life or health insurance.
Long-term care insurance  shall  not  include  any  insurance
policy  which  is offered primarily to provide basic Medicare
supplement coverage, basic hospital expense  coverage,  basic
medical-surgical   expense   coverage,  hospital  confinement
indemnity   coverage,   major   medical   expense   coverage,
disability  income   protection   coverage,   accident   only
coverage,  specified  disease or specified accident coverage,
or limited benefit health coverage. Long-term care  insurance
may  include  benefits  for  care and treatment in accordance
with the tenets and practices of any  established  church  or
religious  denomination  which  teaches reliance on spiritual
treatment through prayer for healing.
    (b)  "Applicant" means:
         (1)  In the case of  an  individual  long-term  care
    insurance  policy,  the  person who seeks to contract for
    benefits.
         (2)  In the case of a group long-term care insurance
    policy, the proposed certificate holder.
    (c)  "Certificate"  means,  for  the  purposes  of   this
Article,  any certificate issued under a group long-term care
insurance policy, which policy has been delivered  or  issued
for delivery in this State.
    (d)  "Director"  means  the Director of Insurance of this
State.
    (e)  "Group long-term care insurance" means  a  long-term
care  insurance  policy  which  is  delivered  or  issued for
delivery in this State and issued to one of the following:
         (1)  One or more employers or  labor  organizations,
    or  to  a  trust  or to the trustee or trustees of a fund
    established  by  one   or   more   employers   or   labor
    organizations, or a combination thereof, for employees or
    former  employees,  or  a  combination  thereof,  or  for
    members  or  former members, or a combination thereof, of
    the labor organizations.
         (2)  Any   professional,   trade   or   occupational
    association for its members or former or retired members,
    or combination thereof, if such association:
              (A)  is composed of individuals all of whom are
         or were actively engaged  in  the  same  profession,
         trade or occupation; and
              (B)  has  been  maintained  in  good  faith for
         purposes other than obtaining insurance.
         (3)  An association or a trust  or  the  trustee  or
    trustees of a fund established, created or maintained for
    the  benefit  of  members  of  one  or more associations.
    Prior to advertising, marketing or offering  such  policy
    within  this  State,  the association or associations, or
    the insurer of the  association  or  associations,  shall
    file  evidence  with the Director that the association or
    associations have at the outset a minimum of 100  members
    and  have been organized and maintained in good faith for
    purposes other than that  of  obtaining  insurance,  have
    been  in active existence for at least one year, and have
    a constitution and by-laws which provide that:
              (A)  the  association  or   associations   hold
         regular  meetings  not less than annually to further
         the purposes of the members;
              (B)  except for credit unions, the  association
         or    associations    collect    dues   or   solicit
         contributions from members; and
              (C)  the members  have  voting  privileges  and
         representation    on   the   governing   board   and
         committees.
         Thirty days after such  filing  the  association  or
    associations    will    be   deemed   to   satisfy   such
    organizational requirements, unless the Director makes  a
    finding  that  the  association  or  associations  do not
    satisfy those organizational requirements.
         (4)  A group other than as  described  in  paragraph
    (1),  (2)  or  (3)  of  this subsection (e), subject to a
    finding by the Director that:
              (A)  the issuance of the group  policy  is  not
         contrary to the best interest of the public;
              (B)  the  issuance  of  the  group policy would
         result    in    economies    of    acquisition    or
         administration; and
              (C)  the benefits are reasonable in relation to
         the premiums charged.
    (f)  "Policy" means, for the purposes  of  this  Article,
any   policy,   contract,   subscriber  agreement,  rider  or
endorsement delivered or issued for delivery in this State by
an insurer,  fraternal  benefit  society,  nonprofit  health,
hospital,  or  medical  service  corporation,  prepaid health
plan,  health  maintenance  organization   or   any   similar
organization.
    (g)  "Qualified  long-term  care  insurance  contract" or
"federally tax-qualified long-term care  insurance  contract"
means  an  individual  or group insurance contract that meets
the requirements of Section 7702B(b) of the Internal  Revenue
Code of 1986, as amended, as follows:
         (1)  The  only  insurance  protection provided under
    the contract is  coverage  of  qualified  long-term  care
    services.   A  contract  shall  not  fail  to satisfy the
    requirements of this subparagraph by reason  of  payments
    being  made on a per diem or other periodic basis without
    regard to the expenses  incurred  during  the  period  to
    which the payments relate.
         (2)  The contract does not pay or reimburse expenses
    incurred  for  services  or  items to the extent that the
    expenses are reimbursable under Title XVIII of the Social
    Security Act, as amended, or would be so reimbursable but
    for  the  application  of  a  deductible  or  coinsurance
    amount.  The requirements of  this  subparagraph  do  not
    apply to expenses that are reimbursable under Title XVIII
    of  the Social Security Act only as a secondary payor.  A
    contract shall not fail to satisfy  the  requirements  of
    this  subparagraph  by reason of payments being made on a
    per diem or other periodic basis without  regard  to  the
    expenses incurred during the period to which the payments
    relate.
         (3)  The contract is guaranteed renewable within the
    meaning  of  Section  7702(B)(b)(1)(C)  of  the  Internal
    Revenue Code of 1986, as amended.
         (4)  The  contract  does  not  provide  for  a  cash
    surrender   value  or  other  money  that  can  be  paid,
    assigned, pledged as collateral for a loan,  or  borrowed
    except as provided in subparagraph (5).
         (5)  All  refunds  of  premiums and all policyholder
    dividends or similar amounts under the contract are to be
    applied as a reduction in future premiums or to  increase
    future  benefits,  except  that  a refund on the event of
    death  of  the  insured  or  a  complete   surrender   or
    cancellation  of the contract cannot exceed the aggregate
    premiums paid under the contract.
         (6)  The  contract  meets  the  consumer  protection
    provisions set forth in Section 7702B(g) of the  Internal
    Revenue Code of 1986, as amended.
    "Qualified   long-term   care   insurance   contract"  or
"federally tax-qualified long-term care  insurance  contract"
also  means  the  portion  of  a life insurance contract that
provides long-term care insurance coverage  by  rider  or  as
part  of  the contract and that satisfies the requirements of
Sections 7702B(b) and 7702B(e) of the Internal  Revenue  Code
of 1986, as amended.
(Source: P.A. 86-384.)

    (215 ILCS 5/351A-4) (from Ch. 73, par. 963A-4)
    Sec.  351A-4.  Limitation.   No  long-term care insurance
policy may:
    (1)  Be cancelled, nonrenewed or otherwise terminated  on
grounds  of  the  age  or  the deterioration of the mental or
physical health of  the  insured  individual  or  certificate
holder.
    (2)  Contain  a  provision  establishing  a  new  waiting
period  in  the  event  existing  coverage is converted to or
replaced by a new or other  form  within  the  same  company,
except  with  respect  to an increase in benefits voluntarily
selected by the insured individual or group policyholder.
    (3)  Provide coverage for skilled nursing  care  only  or
provide  significantly  more  coverage  for skilled care in a
facility than coverage for lower levels of care.
(Source: P.A. 85-1172; 85-1174; 85-1440.)

    (215 ILCS 5/351A-7) (from Ch. 73, par. 963A-7)
    Sec. 351A-7.  Right to return.
    (a)  An individual long-term care insurance  policyholder
shall  have the right to return the policy  within 30 days of
its delivery and to have the premium refunded directly to him
or her if, after examination of the policy, the  policyholder
is  not  satisfied  for any reason.  Long-term care insurance
policies shall have a notice prominently printed on the first
page of the policy or attached thereto stating  in  substance
that  the  policyholder  shall  have  the right to return the
policy within 30 days of its delivery and to have the premium
refunded  if,  after   examination   of   the   policy,   the
policyholder is not satisfied for any reason.
    (b)  A  person  insured  under a long-term care insurance
policy or certificate issued pursuant to  a  direct  response
solicitation  shall  have  the  right to return the policy or
certificate within 30 days of its delivery and  to  have  the
premium   refunded   directly   to   him  or  her  if,  after
examination, the insured person  is  not  satisfied  for  any
reason.   Long-term  care  insurance policies or certificates
issued pursuant to a direct response solicitation shall  have
a  notice prominently printed on the first page of the policy
or certificate attached thereto stating in substance that the
insured person shall have the right to return the  policy  or
certificate  within  30  days of its delivery and to have the
premium refunded if,  after  examination  of  the  policy  or
certificate,  the  insured  person  is  not satisfied for any
reason.   This  subsection  also  applies   to   denials   of
applications,  and  any refund must be made within 30 days of
the return or denial.
(Source: P.A. 85-1440; 86-384.)

    (215 ILCS 5/351A-8) (from Ch. 73, par. 963A-8)
    Sec. 351A-8.  Outline of coverage.
    (a)  An outline of  coverage  shall  be  delivered  to  a
prospective  applicant  for  long-term  care insurance at the
time of initial solicitation through means which  prominently
direct the attention of the recipient to the document and its
purpose.
         (1)  The  Director shall prescribe a standard format
    including style, arrangement and overall  appearance  and
    the content of an outline of coverage.
         (2)  In  the  case  of agent solicitations, an agent
    must  deliver  the  outline  of  coverage  prior  to  the
    presentation of an application or enrollment form.
         (3)  In the case of direct  response  solicitations,
    the  outline of coverage must be presented in conjunction
    with any application or enrollment form.
    (b)  The outline of coverage shall include:
         (1)  A description of  the  principal  benefits  and
    coverage provided in the policy.
         (2)  A   statement   of  the  principal  exclusions,
    reductions and limitations contained in the policy.
         (3)  A statement of the terms under which the policy
    or certificate, or both, may be  continued  in  force  or
    discontinued,  including any reservation in the policy of
    a right to change premium.   Continuation  or  conversion
    provisions   of  group  coverage  shall  be  specifically
    described.
         (4)  A statement that the outline of coverage  is  a
    summary  only,  not a contract of insurance, and that the
    policy  or  group   master   policy   contain   governing
    contractual provisions.
         (5)  A  description  of  the  terms  under which the
    policy  or  certificate  may  be  returned  and   premium
    refunded.
         (6)  A brief description of the relationship of cost
    of care and benefits.
         (7)  A  statement that discloses to the policyholder
    or certificate holder whether the policy is  intended  to
    be  a  federally  tax-qualified  long-term care insurance
    contract under 7702B(b) of the Internal Revenue  Code  of
    1986, as amended.
(Source: P.A. 85-1440; 86-384.)

    (215 ILCS 5/351A-9.2 new)
    Sec.  351A-9.2.  Delivery of policy.  If an applicant for
a  long-term  care  insurance  contract  or  certificate   is
approved,   the   issuer   shall   deliver  the  contract  or
certificate of insurance to the applicant no  later  than  30
days after the date of approval.

    (215 ILCS 5/351A-9.3 new)
    Sec.  351A-9.3.  Claim  denial;  explanation.  If a claim
under a long-term care  insurance  contract  is  denied,  the
issuer,  within 60 days after receipt of a written request by
a policyholder or certificate holder or a  policyholder's  or
certificate holder's representative shall:
         (1)  provide  a  written  explanation of the reasons
    for the denial; and
         (2)  make available all information directly related
    to the denial.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 08, 2001.
    Approved July 24, 2001.

[ Top ]