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Illinois General Assembly· HB 1141Governor Approved

GENERAL ANESTHESIA COVERAGE, the official text

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HB1141 Enrolled                      LRB104 05570 BAB 15600 b

1  AN ACT concerning regulation.

2  Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4  Section 5. The State Employees Group Insurance Act of 1971

5 is amended by changing Section 6.11 as follows:

6  (5 ILCS 375/6.11)

7  Sec. 6.11. Required health benefits; Illinois Insurance

8 Code requirements. The program of health benefits shall

9 provide the post-mastectomy care benefits required to be

10 covered by a policy of accident and health insurance under

11 Section 356t of the Illinois Insurance Code. The program of

12 health benefits shall provide the coverage required under

13 Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356u.10,

14 356w, 356x, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8,

15 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,

16 356z.17, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32,

17 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47,

18 356z.51, 356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59,

19 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, and

20 356z.70, and 356z.71, 356z.74, 356z.76, 356z.77, and 356z.80

21 of the Illinois Insurance Code. The program of health benefits

22 must comply with Sections 155.22a, 155.37, 355b, 356z.19,

23 370c, and 370c.1 and Article XXXIIB of the Illinois Insurance
    HB1141 Enrolled  -2-              LRB104 05570 BAB 15600 b

1 Code. The program of health benefits shall provide the

2 coverage required under Section 356m of the Illinois Insurance

3 Code and, for the employees of the State Employee Group

4 Insurance Program only, the coverage as also provided in

5 Section 6.11B of this Act. The Department of Insurance shall

6 enforce the requirements of this Section with respect to

7 Sections 370c and 370c.1 of the Illinois Insurance Code; all

8 other requirements of this Section shall be enforced by the

9 Department of Central Management Services.

10  Rulemaking authority to implement Public Act 95-1045, if

11 any, is conditioned on the rules being adopted in accordance

12 with all provisions of the Illinois Administrative Procedure

13 Act and all rules and procedures of the Joint Committee on

14 Administrative Rules; any purported rule not so adopted, for

15 whatever reason, is unauthorized.

16 (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;

17 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff.

18 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-768,

19 eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;

20 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.

21 1-1-23; 102-1117, eff. 1-13-23; 103-8, eff. 1-1-24; 103-84,

22 eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24;

23 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff.

24 8-11-23; 103-605, eff. 7-1-24; 103-718, eff. 7-19-24; 103-751,

25 eff. 8-2-24; 103-870, eff. 1-1-25; 103-914, eff. 1-1-25;

26 103-918, eff. 1-1-25; 103-951, eff. 1-1-25; 103-1024, eff.
   HB1141 Enrolled              -3-  LRB104 05570 BAB 15600 b

1 1-1-25; revised 11-26-24.)

2  Section 10. The Counties Code is amended by changing

3 Section 5-1069.3 as follows:

4  (55 ILCS 5/5-1069.3)

5  Sec. 5-1069.3. Required health benefits. If a county,

6 including a home rule county, is a self-insurer for purposes

7 of providing health insurance coverage for its employees, the

8 coverage shall include coverage for the post-mastectomy care

9 benefits required to be covered by a policy of accident and

10 health insurance under Section 356t and the coverage required

11 under Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u,

12 356u.10, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9,

13 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22,

14 356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 356z.33, 356z.36,

15 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51,

16 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61,

17 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70, and 356z.71,

18 356z.74, 356z.77, and 356z.80 of the Illinois Insurance Code.

19 The coverage shall comply with Sections 155.22a, 355b,

20 356z.19, and 370c of the Illinois Insurance Code. The

21 Department of Insurance shall enforce the requirements of this

22 Section. The requirement that health benefits be covered as

23 provided in this Section is an exclusive power and function of

24 the State and is a denial and limitation under Article VII,
    HB1141 Enrolled       -4-             LRB104 05570 BAB 15600 b

1 Section 6, subsection (h) of the Illinois Constitution. A home

2 rule county to which this Section applies must comply with

3 every provision of this Section.

4   Rulemaking authority to implement Public Act 95-1045, if

5 any, is conditioned on the rules being adopted in accordance

6 with all provisions of the Illinois Administrative Procedure

7 Act and all rules and procedures of the Joint Committee on

8 Administrative Rules; any purported rule not so adopted, for

9 whatever reason, is unauthorized.

10 (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;

11 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.

12 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731,

13 eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;

14 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.

15 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,

16 eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;

17 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-605, eff.

18 7-1-24; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-914,

19 eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25;

20 revised 11-26-24.)

21  Section 15. The Illinois Municipal Code is amended by

22 changing Section 10-4-2.3 as follows:

23  (65 ILCS 5/10-4-2.3)

24  Sec. 10-4-2.3. Required health benefits. If a
    HB1141 Enrolled  -5-  LRB104 05570 BAB 15600 b

1 municipality, including a home rule municipality, is a

2 self-insurer for purposes of providing health insurance

3 coverage for its employees, the coverage shall include

4 coverage for the post-mastectomy care benefits required to be

5 covered by a policy of accident and health insurance under

6 Section 356t and the coverage required under Sections 356g,

7 356g.5, 356g.5-1, 356m, 356q, 356u, 356u.10, 356w, 356x,

8 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,

9 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,

10 356z.29, 356z.30, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,

11 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54,

12 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64,

13 356z.67, 356z.68, and 356z.70, and 356z.71, 356z.74, 356z.77,

14 and 356z.80 of the Illinois Insurance Code. The coverage shall

15 comply with Sections 155.22a, 355b, 356z.19, and 370c of the

16 Illinois Insurance Code. The Department of Insurance shall

17 enforce the requirements of this Section. The requirement that

18 health benefits be covered as provided in this is an exclusive

19 power and function of the State and is a denial and limitation

20 under Article VII, Section 6, subsection (h) of the Illinois

21 Constitution. A home rule municipality to which this Section

22 applies must comply with every provision of this Section.

23  Rulemaking authority to implement Public Act 95-1045, if

24 any, is conditioned on the rules being adopted in accordance

25 with all provisions of the Illinois Administrative Procedure

26 Act and all rules and procedures of the Joint Committee on
    HB1141 Enrolled        -6-  LRB104 05570 BAB 15600 b

 1 Administrative Rules; any purported rule not so adopted, for
 2 whatever reason, is unauthorized.
 3 (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
 4 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
 5 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731,
 6 eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
 7 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
 8 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
 9 eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
10 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-605, eff.
11 7-1-24; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-914,
12 eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25;
13 revised 11-26-24.)

14  Section 20. The School Code is amended by changing Section

15 10-22.3f as follows:

16  (105 ILCS 5/10-22.3f)

17  Sec. 10-22.3f. Required health benefits. Insurance

18 protection and benefits for employees shall provide the

19 post-mastectomy care benefits required to be covered by a

20 policy of accident and health insurance under Section 356t and

21 the coverage required under Sections 356g, 356g.5, 356g.5-1,

22 356m, 356q, 356u, 356u.10, 356w, 356x, 356z.4, 356z.4a,

23 356z.6, 356z.8, 356z.9, 356z.11, 356z.12, 356z.13, 356z.14,

24 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32,
    HB1141 Enrolled  -7-              LRB104 05570 BAB 15600 b

1 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47,

2 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60,

3 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70, and

4 356z.71, 356z.74, 356z.77, and 356z.80 of the Illinois

5 Insurance Code. Insurance policies shall comply with Section

6 356z.19 of the Illinois Insurance Code. The coverage shall

7 comply with Sections 155.22a, 355b, and 370c of the Illinois

8 Insurance Code. The Department of Insurance shall enforce the

9 requirements of this Section.

10  Rulemaking authority to implement Public Act 95-1045, if

11 any, is conditioned on the rules being adopted in accordance

12 with all provisions of the Illinois Administrative Procedure

13 Act and all rules and procedures of the Joint Committee on

14 Administrative Rules; any purported rule not so adopted, for

15 whatever reason, is unauthorized.

16 (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;

17 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff.

18 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804,

19 eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23;

20 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff.

21 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420,

22 eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23;

23 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-718, eff.

24 7-19-24; 103-751, eff. 8-2-24; 103-914, eff. 1-1-25; 103-918,

25 eff. 1-1-25; 103-1024, eff. 1-1-25; revised 11-26-24.)
    HB1141 Enrolled           -8-     LRB104 05570 BAB 15600 b

1   Section 22. The Illinois Insurance Code is amended by

2 adding Section 356z.80 as follows:

3   (215 ILCS 5/356z.80 new)

4   Sec. 356z.80. Coverage for anesthesia services.

5   (a) A group or individual policy of accident and health

6 insurance or a managed care plan that is amended, delivered,

7 issued, or renewed on or after January 1, 2026 shall provide

8 coverage for medically necessary anesthesia services,

9 regardless of the duration, for any procedure covered by the

10 policy.

11  (b) An individual or group policy of accident and health

12 insurance is prohibited from denying payment or reimbursement

13 for anesthesia services solely because the duration of care

14 exceeded a preset time limit.

15  Section 25. The Health Maintenance Organization Act is

16 amended by changing Section 5-3 as follows:

17  (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)

18  (Text of Section before amendment by P.A. 103-808)

19  Sec. 5-3. Insurance Code provisions.

20  (a) Health Maintenance Organizations shall be subject to

21 the provisions of Sections 133, 134, 136, 137, 139, 140,

22 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151,

23 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a,
    HB1141 Enrolled  -9-                   LRB104 05570 BAB 15600 b

1 155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g.5-1,

2 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2, 356z.3a,

3 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10,

4 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18,

5 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24, 356z.25,

6 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32, 356z.33,

7 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39, 356z.40,

8 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46, 356z.47,

9 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54, 356z.55,

10 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61, 356z.62,

11 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68, 356z.69,

12 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75, 356z.77,

13 356z.80, 364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b,

14 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A,

15 408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of

16 subsection (2) of Section 367, and Articles IIA, VIII 1/2,

17 XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the

18 Illinois Insurance Code. Section 365z.80 of the Illinois

19 Insurance Code is not applicable to health care plans under

20 contract with the Department of Healthcare and Family

21 Services.

22  (b) For purposes of the Illinois Insurance Code, except

23 for Sections 444 and 444.1 and Articles XIII and XIII 1/2,

24 Health Maintenance Organizations in the following categories

25 are deemed to be "domestic companies":

26  (1) a corporation authorized under the Dental Service
    HB1141 Enrolled         - 10 - LRB104 05570 BAB 15600 b

1   Plan Act or the Voluntary Health Services Plans Act;

2   (2) a corporation organized under the laws of this

3   State; or

4   (3) a corporation organized under the laws of another

5   state, 30% or more of the enrollees of which are residents

6   of this State, except a corporation subject to

7   substantially the same requirements in its state of

8   organization as is a "domestic company" under Article VIII

9   1/2 of the Illinois Insurance Code.

10  (c) In considering the merger, consolidation, or other

11 acquisition of control of a Health Maintenance Organization

12 pursuant to Article VIII 1/2 of the Illinois Insurance Code,

13  (1) the Director shall give primary consideration to

14  the continuation of benefits to enrollees and the

15  financial conditions of the acquired Health Maintenance

16  Organization after the merger, consolidation, or other

17  acquisition of control takes effect;

18  (2)(i) the criteria specified in subsection (1)(b) of

19  Section 131.8 of the Illinois Insurance Code shall not

20  apply and (ii) the Director, in making his determination

21  with respect to the merger, consolidation, or other

22  acquisition of control, need not take into account the

23  effect on competition of the merger, consolidation, or

24  other acquisition of control;

25  (3) the Director shall have the power to require the

26  following information:
    HB1141 Enrolled  - 11 - LRB104 05570 BAB 15600 b

1   (A) certification by an independent actuary of the

2   adequacy of the reserves of the Health Maintenance

3   Organization sought to be acquired;

4   (B) pro forma financial statements reflecting the

5   combined balance sheets of the acquiring company and

6   the Health Maintenance Organization sought to be

7   acquired as of the end of the preceding year and as of

8   a date 90 days prior to the acquisition, as well as pro

9   forma financial statements reflecting projected

10  combined operation for a period of 2 years;

11  (C) a pro forma business plan detailing an

12  acquiring party's plans with respect to the operation

13  of the Health Maintenance Organization sought to be

14  acquired for a period of not less than 3 years; and

15  (D) such other information as the Director shall

16  require.

17  (d) The provisions of Article VIII 1/2 of the Illinois

18 Insurance Code and this Section 5-3 shall apply to the sale by

19 any health maintenance organization of greater than 10% of its

20 enrollee population (including, without limitation, the health

21 maintenance organization's right, title, and interest in and

22 to its health care certificates).

23  (e) In considering any management contract or service

24 agreement subject to Section 141.1 of the Illinois Insurance

25 Code, the Director (i) shall, in addition to the criteria

26 specified in Section 141.2 of the Illinois Insurance Code,
    HB1141 Enrolled          - 12 - LRB104 05570 BAB 15600 b

1 take into account the effect of the management contract or

2 service agreement on the continuation of benefits to enrollees

3 and the financial condition of the health maintenance

4 organization to be managed or serviced, and (ii) need not take

5 into account the effect of the management contract or service

6 agreement on competition.

7   (f) Except for small employer groups as defined in the

8 Small Employer Rating, Renewability and Portability Health

9 Insurance Act and except for medicare supplement policies as

10 defined in Section 363 of the Illinois Insurance Code, a

11 Health Maintenance Organization may by contract agree with a

12 group or other enrollment unit to effect refunds or charge

13 additional premiums under the following terms and conditions:

14  (i) the amount of, and other terms and conditions with

15  respect to, the refund or additional premium are set forth

16  in the group or enrollment unit contract agreed in advance

17  of the period for which a refund is to be paid or

18  additional premium is to be charged (which period shall

19  not be less than one year); and

20  (ii) the amount of the refund or additional premium

21  shall not exceed 20% of the Health Maintenance

22  Organization's profitable or unprofitable experience with

23  respect to the group or other enrollment unit for the

24  period (and, for purposes of a refund or additional

25  premium, the profitable or unprofitable experience shall

26  be calculated taking into account a pro rata share of the
    HB1141 Enrolled  - 13 - LRB104 05570 BAB 15600 b

1   Health Maintenance Organization's administrative and

2   marketing expenses, but shall not include any refund to be

3   made or additional premium to be paid pursuant to this

4   subsection (f)). The Health Maintenance Organization and

5   the group or enrollment unit may agree that the profitable

6   or unprofitable experience may be calculated taking into

7   account the refund period and the immediately preceding 2

8   plan years.

9   The Health Maintenance Organization shall include a

10 statement in the evidence of coverage issued to each enrollee

11 describing the possibility of a refund or additional premium,

12 and upon request of any group or enrollment unit, provide to

13 the group or enrollment unit a description of the method used

14 to calculate (1) the Health Maintenance Organization's

15 profitable experience with respect to the group or enrollment

16 unit and the resulting refund to the group or enrollment unit

17 or (2) the Health Maintenance Organization's unprofitable

18 experience with respect to the group or enrollment unit and

19 the resulting additional premium to be paid by the group or

20 enrollment unit.

21  In no event shall the Illinois Health Maintenance

22 Organization Guaranty Association be liable to pay any

23 contractual obligation of an insolvent organization to pay any

24 refund authorized under this Section.

25  (g) Rulemaking authority to implement Public Act 95-1045,

26 if any, is conditioned on the rules being adopted in
    HB1141 Enrolled  - 14 - LRB104 05570 BAB 15600 b

 1 accordance with all provisions of the Illinois Administrative
 2 Procedure Act and all rules and procedures of the Joint
 3 Committee on Administrative Rules; any purported rule not so
 4 adopted, for whatever reason, is unauthorized.
 5 (Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;
 6 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
 7 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,
 8 eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;
 9 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.
10 1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,
11 eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;
12 103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.
13 6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
14 eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24;
15 103-618, eff. 1-1-25; 103-649, eff. 1-1-25; 103-656, eff.
16 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751,
17 eff. 8-2-24; 103-753, eff. 8-2-24; 103-758, eff. 1-1-25;
18 103-777, eff. 8-2-24; 103-914, eff. 1-1-25; 103-918, eff.
19 1-1-25; 103-1024, eff. 1-1-25; revised 9-26-24.)

20  (Text of Section after amendment by P.A. 103-808)

21  Sec. 5-3. Insurance Code provisions.

22  (a) Health Maintenance Organizations shall be subject to

23 the provisions of Sections 133, 134, 136, 137, 139, 140,

24 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151,

25 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a,
    HB1141 Enrolled          - 15 - LRB104 05570 BAB 15600 b

1 155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g,

2 356g.5-1, 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2,

3 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9,

4 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17,

5 356z.18, 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24,

6 356z.25, 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32,

7 356z.33, 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39,

8 356z.40, 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46,

9 356z.47, 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54,

10 356z.55, 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61,

11 356z.62, 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68,

12 356z.69, 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75,

13 356z.77, 356z.80, 364, 364.01, 364.3, 367.2, 367.2-5, 367i,

14 368a, 368b, 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402,

15 403, 403A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c)

16 of subsection (2) of Section 367, and Articles IIA, VIII 1/2,

17 XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the

18 Illinois Insurance Code.

19  (b) For purposes of the Illinois Insurance Code, except

20 for Sections 444 and 444.1 and Articles XIII and XIII 1/2,

21 Health Maintenance Organizations in the following categories

22 are deemed to be "domestic companies":

23  (1) a corporation authorized under the Dental Service

24  Plan Act or the Voluntary Health Services Plans Act;

25  (2) a corporation organized under the laws of this

26  State; or
    HB1141 Enrolled         - 16 - LRB104 05570 BAB 15600 b

1   (3) a corporation organized under the laws of another

2   state, 30% or more of the enrollees of which are residents

3   of this State, except a corporation subject to

4   substantially the same requirements in its state of

5   organization as is a "domestic company" under Article VIII

6   1/2 of the Illinois Insurance Code.

7   (c) In considering the merger, consolidation, or other

8 acquisition of control of a Health Maintenance Organization

9 pursuant to Article VIII 1/2 of the Illinois Insurance Code,

10  (1) the Director shall give primary consideration to

11  the continuation of benefits to enrollees and the

12  financial conditions of the acquired Health Maintenance

13  Organization after the merger, consolidation, or other

14  acquisition of control takes effect;

15  (2)(i) the criteria specified in subsection (1)(b) of

16  Section 131.8 of the Illinois Insurance Code shall not

17  apply and (ii) the Director, in making his determination

18  with respect to the merger, consolidation, or other

19  acquisition of control, need not take into account the

20  effect on competition of the merger, consolidation, or

21  other acquisition of control;

22  (3) the Director shall have the power to require the

23  following information:

24  (A) certification by an independent actuary of the

25  adequacy of the reserves of the Health Maintenance

26  Organization sought to be acquired;
    HB1141 Enrolled  - 17 - LRB104 05570 BAB 15600 b

1   (B) pro forma financial statements reflecting the

2   combined balance sheets of the acquiring company and

3   the Health Maintenance Organization sought to be

4   acquired as of the end of the preceding year and as of

5   a date 90 days prior to the acquisition, as well as pro

6   forma financial statements reflecting projected

7   combined operation for a period of 2 years;

8   (C) a pro forma business plan detailing an

9   acquiring party's plans with respect to the operation

10  of the Health Maintenance Organization sought to be

11  acquired for a period of not less than 3 years; and

12  (D) such other information as the Director shall

13  require.

14  (d) The provisions of Article VIII 1/2 of the Illinois

15 Insurance Code and this Section 5-3 shall apply to the sale by

16 any health maintenance organization of greater than 10% of its

17 enrollee population (including, without limitation, the health

18 maintenance organization's right, title, and interest in and

19 to its health care certificates).

20  (e) In considering any management contract or service

21 agreement subject to Section 141.1 of the Illinois Insurance

22 Code, the Director (i) shall, in addition to the criteria

23 specified in Section 141.2 of the Illinois Insurance Code,

24 take into account the effect of the management contract or

25 service agreement on the continuation of benefits to enrollees

26 and the financial condition of the health maintenance
    HB1141 Enrolled          - 18 - LRB104 05570 BAB 15600 b

1 organization to be managed or serviced, and (ii) need not take

2 into account the effect of the management contract or service

3 agreement on competition.

4   (f) Except for small employer groups as defined in the

5 Small Employer Rating, Renewability and Portability Health

6 Insurance Act and except for medicare supplement policies as

7 defined in Section 363 of the Illinois Insurance Code, a

8 Health Maintenance Organization may by contract agree with a

9 group or other enrollment unit to effect refunds or charge

10 additional premiums under the following terms and conditions:

11  (i) the amount of, and other terms and conditions with

12  respect to, the refund or additional premium are set forth

13  in the group or enrollment unit contract agreed in advance

14  of the period for which a refund is to be paid or

15  additional premium is to be charged (which period shall

16  not be less than one year); and

17  (ii) the amount of the refund or additional premium

18  shall not exceed 20% of the Health Maintenance

19  Organization's profitable or unprofitable experience with

20  respect to the group or other enrollment unit for the

21  period (and, for purposes of a refund or additional

22  premium, the profitable or unprofitable experience shall

23  be calculated taking into account a pro rata share of the

24  Health Maintenance Organization's administrative and

25  marketing expenses, but shall not include any refund to be

26  made or additional premium to be paid pursuant to this
    HB1141 Enrolled  - 19 - LRB104 05570 BAB 15600 b

1   subsection (f)). The Health Maintenance Organization and

2   the group or enrollment unit may agree that the profitable

3   or unprofitable experience may be calculated taking into

4   account the refund period and the immediately preceding 2

5   plan years.

6   The Health Maintenance Organization shall include a

7 statement in the evidence of coverage issued to each enrollee

8 describing the possibility of a refund or additional premium,

9 and upon request of any group or enrollment unit, provide to

10 the group or enrollment unit a description of the method used

11 to calculate (1) the Health Maintenance Organization's

12 profitable experience with respect to the group or enrollment

13 unit and the resulting refund to the group or enrollment unit

14 or (2) the Health Maintenance Organization's unprofitable

15 experience with respect to the group or enrollment unit and

16 the resulting additional premium to be paid by the group or

17 enrollment unit.

18  In no event shall the Illinois Health Maintenance

19 Organization Guaranty Association be liable to pay any

20 contractual obligation of an insolvent organization to pay any

21 refund authorized under this Section.

22  (g) Rulemaking authority to implement Public Act 95-1045,

23 if any, is conditioned on the rules being adopted in

24 accordance with all provisions of the Illinois Administrative

25 Procedure Act and all rules and procedures of the Joint

26 Committee on Administrative Rules; any purported rule not so
    HB1141 Enrolled  - 20 - LRB104 05570 BAB 15600 b

 1 adopted, for whatever reason, is unauthorized.
 2 (Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;
 3 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
 4 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,
 5 eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;
 6 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.
 7 1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,
 8 eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;
 9 103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.
10 6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
11 eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24;
12 103-618, eff. 1-1-25; 103-649, eff. 1-1-25; 103-656, eff.
13 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751,
14 eff. 8-2-24; 103-753, eff. 8-2-24; 103-758, eff. 1-1-25;
15 103-777, eff. 8-2-24; 103-808, eff. 1-1-26; 103-914, eff.
16 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; revised
17 11-26-24.)

18  Section 30. The Limited Health Service Organization Act is

19 amended by changing Section 4003 as follows:

20  (215 ILCS 130/4003) (from Ch. 73, par. 1504-3)

21  Sec. 4003. Illinois Insurance Code provisions. Limited

22 health service organizations shall be subject to the

23 provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,

24 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, 152, 153,
    HB1141 Enrolled     - 21 - LRB104 05570 BAB 15600 b

1 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 155.49, 352c,

2 355.2, 355.3, 355b, 355d, 356m, 356q, 356v, 356z.4, 356z.4a,

3 356z.10, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.32,

4 356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,

5 356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68, 356z.71,

6 356z.73, 356z.74, 356z.75, 356z.80, 364.3, 368a, 401, 401.1,

7 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1 and

8 Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and

9 XXVI of the Illinois Insurance Code. Nothing in this Section

10 shall require a limited health care plan to cover any service

11 that is not a limited health service. For purposes of the

12 Illinois Insurance Code, except for Sections 444 and 444.1 and

13 Articles XIII and XIII 1/2, limited health service

14 organizations in the following categories are deemed to be

15 domestic companies:

16  (1) a corporation under the laws of this State; or

17  (2) a corporation organized under the laws of another

18  state, 30% or more of the enrollees of which are residents

19  of this State, except a corporation subject to

20  substantially the same requirements in its state of

21  organization as is a domestic company under Article VIII

22  1/2 of the Illinois Insurance Code.

23 (Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;

24 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-731, eff.

25 1-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816,

26 eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
    HB1141 Enrolled  - 22 - LRB104 05570 BAB 15600 b

1 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.
2 1-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
3 eff. 1-1-24; 103-605, eff. 7-1-24; 103-649, eff. 1-1-25;
4 103-656, eff. 1-1-25; 103-700, eff. 1-1-25; 103-718, eff.
5 7-19-24; 103-751, eff. 8-2-24; 103-758, eff. 1-1-25; 103-832,
6 eff. 1-1-25; 103-1024, eff. 1-1-25; revised 11-26-24.)

7   Section 35. The Voluntary Health Services Plans Act is

8 amended 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

11 services plan corporations and all persons interested therein

12 or dealing therewith shall be subject to the provisions of

13 Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,

14 143, 143.31, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3,

15 355b, 355d, 356g, 356g.5, 356g.5-1, 356m, 356q, 356r, 356t,

16 356u, 356u.10, 356v, 356w, 356x, 356y, 356z.1, 356z.2,

17 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9,

18 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.18,

19 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30,

20 356z.32, 356z.32a, 356z.33, 356z.40, 356z.41, 356z.46,

21 356z.47, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59,

22 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, 356z.71,

23 356z.72, 356z.74, 356z.75, 356z.77, 356z.80, 364.01, 364.3,

24 367.2, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412,
    HB1141 Enrolled            - 23 - LRB104 05570 BAB 15600 b

1 and paragraphs (7) and (15) of Section 367 of the Illinois

2 Insurance Code.

3   Rulemaking authority to implement Public Act 95-1045, if

4 any, is conditioned on the rules being adopted in accordance

5 with all provisions of the Illinois Administrative Procedure

6 Act and all rules and procedures of the Joint Committee on

7 Administrative Rules; any purported rule not so adopted, for

8 whatever reason, is unauthorized.

9 (Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;

10 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff.

11 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804,

12 eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23;

13 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff.

14 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,

15 eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;

16 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-656, eff.

17 1-1-25; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-753,

18 eff. 8-2-24; 103-758, eff. 1-1-25; 103-832, eff. 1-1-25;

19 103-914, eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff.

20 1-1-25; revised 11-26-24.)

21  Section 95. No acceleration or delay. Where this Act makes

22 changes in a statute that is represented in this Act by text

23 that is not yet or no longer in effect (for example, a Section

24 represented by multiple versions), the use of that text does

25 not accelerate or delay the taking effect of (i) the changes
   HB1141 Enrolled  - 24 - LRB104 05570 BAB 15600 b

1 made by this Act or (ii) provisions derived from any other
2 Public Act.

3  Section 99. Effective date. This Act takes effect upon

4 becoming law.
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