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Illinois General Assembly· SB 69Governor Approved

INS CODE-RIDING THERAPY, the official text

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SB0069 Enrolled                      LRB104 06412 BAB 16448 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
    SB0069 Enrolled  -2-              LRB104 06412 BAB 16448 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.
   SB0069 Enrolled              -3-  LRB104 06412 BAB 16448 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,
    SB0069 Enrolled       -4-             LRB104 06412 BAB 16448 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
    SB0069 Enrolled  -5-  LRB104 06412 BAB 16448 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
    SB0069 Enrolled        -6-  LRB104 06412 BAB 16448 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,
    SB0069 Enrolled  -7-              LRB104 06412 BAB 16448 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.)
    SB0069 Enrolled           -8-     LRB104 06412 BAB 16448 b

1   Section 25. 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 hippotherapy and therapeutic

5 riding.

6   (a) As used in this Section, "hippotherapy" means the use

7 by a licensed occupational therapist, physical therapist, or

8 speech-language pathologist, in conjunction with a

9 professional horse handler and a therapy horse, of equine

10 movement to engage sensory, neuromotor, and cognitive systems

11 to promote functional outcomes.

12  (b) A group or individual policy of accident and health

13 insurance that is amended, delivered, issued, or renewed after

14 January 1, 2027 shall provide coverage for medically necessary

15 services, including hippotherapy, that incorporate equine

16 movement as part of a therapeutic intervention.

17  Section 30. The Health Maintenance Organization Act is

18 amended by changing Section 5-3 as follows:

19  (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)

20  (Text of Section before 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,
    SB0069 Enrolled          -9-           LRB104 06412 BAB 16448 b

1 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151,

2 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a,

3 155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g.5-1,

4 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2, 356z.3a,

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

6 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18,

7 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24, 356z.25,

8 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32, 356z.33,

9 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39, 356z.40,

10 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46, 356z.47,

11 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54, 356z.55,

12 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61, 356z.62,

13 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68, 356z.69,

14 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75, 356z.77,

15 356z.80, 364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b,

16 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A,

17 408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of

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

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

20 Illinois Insurance Code.

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

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

23 Health Maintenance Organizations in the following categories

24 are deemed to be "domestic companies":

25  (1) a corporation authorized under the Dental Service

26  Plan Act or the Voluntary Health Services Plans Act;
    SB0069 Enrolled         - 10 - LRB104 06412 BAB 16448 b

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

2   State; or

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

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

5   of this State, except a corporation subject to

6   substantially the same requirements in its state of

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

8   1/2 of the Illinois Insurance Code.

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

10 acquisition of control of a Health Maintenance Organization

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

12  (1) the Director shall give primary consideration to

13  the continuation of benefits to enrollees and the

14  financial conditions of the acquired Health Maintenance

15  Organization after the merger, consolidation, or other

16  acquisition of control takes effect;

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

18  Section 131.8 of the Illinois Insurance Code shall not

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

20  with respect to the merger, consolidation, or other

21  acquisition of control, need not take into account the

22  effect on competition of the merger, consolidation, or

23  other acquisition of control;

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

25  following information:

26  (A) certification by an independent actuary of the
    SB0069 Enrolled  - 11 - LRB104 06412 BAB 16448 b

1   adequacy of the reserves of the Health Maintenance

2   Organization sought to be acquired;

3   (B) pro forma financial statements reflecting the

4   combined balance sheets of the acquiring company and

5   the Health Maintenance Organization sought to be

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

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

8   forma financial statements reflecting projected

9   combined operation for a period of 2 years;

10  (C) a pro forma business plan detailing an

11  acquiring party's plans with respect to the operation

12  of the Health Maintenance Organization sought to be

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

14  (D) such other information as the Director shall

15  require.

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

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

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

19 enrollee population (including, without limitation, the health

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

21 to its health care certificates).

22  (e) In considering any management contract or service

23 agreement subject to Section 141.1 of the Illinois Insurance

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

25 specified in Section 141.2 of the Illinois Insurance Code,

26 take into account the effect of the management contract or
    SB0069 Enrolled          - 12 - LRB104 06412 BAB 16448 b

1 service agreement on the continuation of benefits to enrollees

2 and the financial condition of the health maintenance

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

4 into account the effect of the management contract or service

5 agreement on competition.

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

7 Small Employer Rating, Renewability and Portability Health

8 Insurance Act and except for medicare supplement policies as

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

10 Health Maintenance Organization may by contract agree with a

11 group or other enrollment unit to effect refunds or charge

12 additional premiums under the following terms and conditions:

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

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

15  in the group or enrollment unit contract agreed in advance

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

17  additional premium is to be charged (which period shall

18  not be less than one year); and

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

20  shall not exceed 20% of the Health Maintenance

21  Organization's profitable or unprofitable experience with

22  respect to the group or other enrollment unit for the

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

24  premium, the profitable or unprofitable experience shall

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

26  Health Maintenance Organization's administrative and
    SB0069 Enrolled  - 13 - LRB104 06412 BAB 16448 b

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

2   made or additional premium to be paid pursuant to this

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

4   the group or enrollment unit may agree that the profitable

5   or unprofitable experience may be calculated taking into

6   account the refund period and the immediately preceding 2

7   plan years.

8   The Health Maintenance Organization shall include a

9 statement in the evidence of coverage issued to each enrollee

10 describing the possibility of a refund or additional premium,

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

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

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

14 profitable experience with respect to the group or enrollment

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

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

17 experience with respect to the group or enrollment unit and

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

19 enrollment unit.

20  In no event shall the Illinois Health Maintenance

21 Organization Guaranty Association be liable to pay any

22 contractual obligation of an insolvent organization to pay any

23 refund authorized under this Section.

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

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

26 accordance with all provisions of the Illinois Administrative
    SB0069 Enrolled  - 14 - LRB104 06412 BAB 16448 b

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

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

20  Sec. 5-3. Insurance Code provisions.

21  (a) Health Maintenance Organizations shall be subject to

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

23 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151,

24 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a,

25 155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g,
    SB0069 Enrolled          - 15 - LRB104 06412 BAB 16448 b

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

2 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9,

3 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17,

4 356z.18, 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24,

5 356z.25, 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32,

6 356z.33, 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39,

7 356z.40, 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46,

8 356z.47, 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54,

9 356z.55, 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61,

10 356z.62, 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68,

11 356z.69, 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75,

12 356z.77, 356z.80, 364, 364.01, 364.3, 367.2, 367.2-5, 367i,

13 368a, 368b, 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402,

14 403, 403A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c)

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

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

17 Illinois Insurance Code.

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

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

20 Health Maintenance Organizations in the following categories

21 are deemed to be "domestic companies":

22  (1) a corporation authorized under the Dental Service

23  Plan Act or the Voluntary Health Services Plans Act;

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

25  State; or

26  (3) a corporation organized under the laws of another
    SB0069 Enrolled         - 16 - LRB104 06412 BAB 16448 b

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

2   of this State, except a corporation subject to

3   substantially the same requirements in its state of

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

5   1/2 of the Illinois Insurance Code.

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

7 acquisition of control of a Health Maintenance Organization

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

9   (1) the Director shall give primary consideration to

10  the continuation of benefits to enrollees and the

11  financial conditions of the acquired Health Maintenance

12  Organization after the merger, consolidation, or other

13  acquisition of control takes effect;

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

15  Section 131.8 of the Illinois Insurance Code shall not

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

17  with respect to the merger, consolidation, or other

18  acquisition of control, need not take into account the

19  effect on competition of the merger, consolidation, or

20  other acquisition of control;

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

22  following information:

23  (A) certification by an independent actuary of the

24  adequacy of the reserves of the Health Maintenance

25  Organization sought to be acquired;

26  (B) pro forma financial statements reflecting the
    SB0069 Enrolled  - 17 - LRB104 06412 BAB 16448 b

1   combined balance sheets of the acquiring company and

2   the Health Maintenance Organization sought to be

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

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

5   forma financial statements reflecting projected

6   combined operation for a period of 2 years;

7   (C) a pro forma business plan detailing an

8   acquiring party's plans with respect to the operation

9   of the Health Maintenance Organization sought to be

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

11  (D) such other information as the Director shall

12  require.

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

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

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

16 enrollee population (including, without limitation, the health

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

18 to its health care certificates).

19  (e) In considering any management contract or service

20 agreement subject to Section 141.1 of the Illinois Insurance

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

22 specified in Section 141.2 of the Illinois Insurance Code,

23 take into account the effect of the management contract or

24 service agreement on the continuation of benefits to enrollees

25 and the financial condition of the health maintenance

26 organization to be managed or serviced, and (ii) need not take
    SB0069 Enrolled          - 18 - LRB104 06412 BAB 16448 b

1 into account the effect of the management contract or service

2 agreement on competition.

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

4 Small Employer Rating, Renewability and Portability Health

5 Insurance Act and except for medicare supplement policies as

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

7 Health Maintenance Organization may by contract agree with a

8 group or other enrollment unit to effect refunds or charge

9 additional premiums under the following terms and conditions:

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

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

12  in the group or enrollment unit contract agreed in advance

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

14  additional premium is to be charged (which period shall

15  not be less than one year); and

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

17  shall not exceed 20% of the Health Maintenance

18  Organization's profitable or unprofitable experience with

19  respect to the group or other enrollment unit for the

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

21  premium, the profitable or unprofitable experience shall

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

23  Health Maintenance Organization's administrative and

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

25  made or additional premium to be paid pursuant to this

26  subsection (f)). The Health Maintenance Organization and
    SB0069 Enrolled  - 19 - LRB104 06412 BAB 16448 b

1   the group or enrollment unit may agree that the profitable

2   or unprofitable experience may be calculated taking into

3   account the refund period and the immediately preceding 2

4   plan years.

5   The Health Maintenance Organization shall include a

6 statement in the evidence of coverage issued to each enrollee

7 describing the possibility of a refund or additional premium,

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

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

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

11 profitable experience with respect to the group or enrollment

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

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

14 experience with respect to the group or enrollment unit and

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

16 enrollment unit.

17  In no event shall the Illinois Health Maintenance

18 Organization Guaranty Association be liable to pay any

19 contractual obligation of an insolvent organization to pay any

20 refund authorized under this Section.

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

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

23 accordance with all provisions of the Illinois Administrative

24 Procedure Act and all rules and procedures of the Joint

25 Committee on Administrative Rules; any purported rule not so

26 adopted, for whatever reason, is unauthorized.
    SB0069 Enrolled  - 20 - LRB104 06412 BAB 16448 b

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

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

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

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

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

21 not accelerate or delay the taking effect of (i) the changes

22 made by this Act or (ii) provisions derived from any other

23 Public Act.
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