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Illinois General Assembly· SB 1392Governor Approved

DENTAL INSURANCE ASSIGNABILITY, the official text

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SB1392 Enrolled                      LRB104 06099 BAB 16132 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 Illinois Insurance Code is amended by

5 changing Section 370a as follows:

6  (215 ILCS 5/370a) (from Ch. 73, par. 982a)

7  Sec. 370a. Assignability of Accident and Health Insurance,

8 including dental insurance. No provision of the Illinois

9 Insurance Code, or any other law, prohibits an insured under

10 any policy of dental insurance or accident and health

11 insurance or any other person who may be the owner of any

12 rights under any such policy from making an assignment of all

13 or any part of his rights and privileges under the policy

14 including but not limited to the right to designate a

15 beneficiary and to have an individual policy issued in

16 accordance with its terms. Subject to the terms of the policy

17 or any contract relating thereto, an assignment by an insured

18 or by any other owner of rights under the policy, made before

19 or after the effective date of this amendatory Act of 1969 is

20 valid for the purpose of vesting in the assignee, in

21 accordance with any provisions included therein as to the time

22 at which it is effective, all rights and privileges so

23 assigned. However, such assignment is without prejudice to the
    SB1392 Enrolled          -2-    LRB104 06099 BAB 16132 b

 1 company on account of any payment it makes or individual
 2 policy it issues before receipt of notice of the assignment.
 3 This amendatory Act of 1969 acknowledges, declares and
 4 codifies the existing right of assignment of interests under
 5 accident and health insurance policies. If an enrollee or
 6 insured of an insurer, health maintenance organization,
 7 managed care plan, health care plan, preferred provider
 8 organization, dental service plan corporation, dental insurer,
 9 or third party administrator assigns a claim to a health care
10 professional, or health care facility, dental care provider,
11 or dental care facility, then payment shall be made directly
12 to the health care professional, or health care facility,
13 dental care provider, or dental care facility, including any
14 interest required under Section 368a, of this Code for failure
15 to pay claims within 30 days after receipt by the insurer of
16 due proof of loss. Nothing in this Section shall be construed
17 to prevent any parties from reconciling duplicate payments.
18 (Source: P.A. 91-605, eff. 12-14-99; 91-788, eff. 6-9-00.)

19  Section 10. The Dental Service Plan Act is amended by

20 adding Section 38.1 as follows:

21  (215 ILCS 110/38.1 new)

22  Sec. 38.1. Illinois Insurance Code provisions. Every

23 dental service plan corporation shall comply with Section 370a

24 of the Illinois Insurance Code.
   SB1392 Enrolled  -3-  LRB104 06099 BAB 16132 b

1  Section 15. The Health Maintenance Organization Act is

2 amended by changing Section 5-3 as follows:

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

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

5  Sec. 5-3. Illinois Insurance Code provisions.

6  (a) Health Maintenance Organizations shall be subject to

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

8 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151,

9 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a,

10 155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g.5-1,

11 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2, 356z.3a,

12 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10,

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

14 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24, 356z.25,

15 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32, 356z.33,

16 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39, 356z.40,

17 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46, 356z.47,

18 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54, 356z.55,

19 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61, 356z.62,

20 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68, 356z.69,

21 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75, 356z.77,

22 364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b, 368c,

23 368d, 368e, 370a, 370c, 370c.1, 401, 401.1, 402, 403, 403A,

24 408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of
    SB1392 Enrolled         -4-           LRB104 06099 BAB 16132 b

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

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

3 Illinois Insurance Code.

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

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

6 Health Maintenance Organizations in the following categories

7 are deemed to be "domestic companies":

8   (1) a corporation authorized under the Dental Service

9   Plan Act or the Voluntary Health Services Plans Act;

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

11  State; or

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

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

14  of this State, except a corporation subject to

15  substantially the same requirements in its state of

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

17  1/2 of the Illinois Insurance Code.

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

19 acquisition of control of a Health Maintenance Organization

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

21  (1) the Director shall give primary consideration to

22  the continuation of benefits to enrollees and the

23  financial conditions of the acquired Health Maintenance

24  Organization after the merger, consolidation, or other

25  acquisition of control takes effect;

26  (2)(i) the criteria specified in subsection (1)(b) of
    SB1392 Enrolled         -5-    LRB104 06099 BAB 16132 b

1   Section 131.8 of the Illinois Insurance Code shall not

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

3   with respect to the merger, consolidation, or other

4   acquisition of control, need not take into account the

5   effect on competition of the merger, consolidation, or

6   other acquisition of control;

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

8   following information:

9   (A) certification by an independent actuary of the

10  adequacy of the reserves of the Health Maintenance

11  Organization sought to be acquired;

12  (B) pro forma financial statements reflecting the

13  combined balance sheets of the acquiring company and

14  the Health Maintenance Organization sought to be

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

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

17  forma financial statements reflecting projected

18  combined operation for a period of 2 years;

19  (C) a pro forma business plan detailing an

20  acquiring party's plans with respect to the operation

21  of the Health Maintenance Organization sought to be

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

23  (D) such other information as the Director shall

24  require.

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

26 Insurance Code and this Section 5-3 shall apply to the sale by
    SB1392 Enrolled           -6-    LRB104 06099 BAB 16132 b

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

2 enrollee population (including, without limitation, the health

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

4 to its health care certificates).

5   (e) In considering any management contract or service

6 agreement subject to Section 141.1 of the Illinois Insurance

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

8 specified in Section 141.2 of the Illinois Insurance Code,

9 take into account the effect of the management contract or

10 service agreement on the continuation of benefits to enrollees

11 and the financial condition of the health maintenance

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

13 into account the effect of the management contract or service

14 agreement on competition.

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

16 Small Employer Rating, Renewability and Portability Health

17 Insurance Act and except for medicare supplement policies as

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

19 Health Maintenance Organization may by contract agree with a

20 group or other enrollment unit to effect refunds or charge

21 additional premiums under the following terms and conditions:

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

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

24  in the group or enrollment unit contract agreed in advance

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

26  additional premium is to be charged (which period shall
    SB1392 Enrolled  -7-             LRB104 06099 BAB 16132 b

1   not be less than one year); and

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

3   shall not exceed 20% of the Health Maintenance

4   Organization's profitable or unprofitable experience with

5   respect to the group or other enrollment unit for the

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

7   premium, the profitable or unprofitable experience shall

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

9   Health Maintenance Organization's administrative and

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

11  made or additional premium to be paid pursuant to this

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

13  the group or enrollment unit may agree that the profitable

14  or unprofitable experience may be calculated taking into

15  account the refund period and the immediately preceding 2

16  plan years.

17  The Health Maintenance Organization shall include a

18 statement in the evidence of coverage issued to each enrollee

19 describing the possibility of a refund or additional premium,

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

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

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

23 profitable experience with respect to the group or enrollment

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

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

26 experience with respect to the group or enrollment unit and
   SB1392 Enrolled  -8-                  LRB104 06099 BAB 16132 b

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

2 enrollment unit.

3  In no event shall the Illinois Health Maintenance

4 Organization Guaranty Association be liable to pay any

5 contractual obligation of an insolvent organization to pay any

6 refund authorized under this Section.

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

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

9 accordance with all provisions of the Illinois Administrative

10 Procedure Act and all rules and procedures of the Joint

11 Committee on Administrative Rules; any purported rule not so

12 adopted, for whatever reason, is unauthorized.

13 (Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;

14 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.

15 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,

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

17 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.

18 1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,

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

20 103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.

21 6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,

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

23 103-618, eff. 1-1-25; 103-649, eff. 1-1-25; 103-656, eff.

24 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751,

25 eff. 8-2-24; 103-753, eff. 8-2-24; 103-758, eff. 1-1-25;

26 103-777, eff. 8-2-24; 103-914, eff. 1-1-25; 103-918, eff.
   SB1392 Enrolled           -9-  LRB104 06099 BAB 16132 b

1 1-1-25; 103-1024, eff. 1-1-25; revised 9-26-24.)

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

3  Sec. 5-3. Illinois Insurance Code provisions.

4  (a) Health Maintenance Organizations shall be subject to

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

6 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151,

7 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a,

8 155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g,

9 356g.5-1, 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2,

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

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

12 356z.18, 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24,

13 356z.25, 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32,

14 356z.33, 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39,

15 356z.40, 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46,

16 356z.47, 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54,

17 356z.55, 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61,

18 356z.62, 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68,

19 356z.69, 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75,

20 356z.77, 364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b,

21 368c, 368d, 368e, 370a, 370c, 370c.1, 401, 401.1, 402, 403,

22 403A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of

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

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

25 Illinois Insurance Code.
    SB1392 Enrolled  - 10 - LRB104 06099 BAB 16132 b

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

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

3 Health Maintenance Organizations in the following categories

4 are deemed to be "domestic companies":

5   (1) a corporation authorized under the Dental Service

6   Plan Act or the Voluntary Health Services Plans Act;

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

8   State; or

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

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

11  of this State, except a corporation subject to

12  substantially the same requirements in its state of

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

14  1/2 of the Illinois Insurance Code.

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

16 acquisition of control of a Health Maintenance Organization

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

18  (1) the Director shall give primary consideration to

19  the continuation of benefits to enrollees and the

20  financial conditions of the acquired Health Maintenance

21  Organization after the merger, consolidation, or other

22  acquisition of control takes effect;

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

24  Section 131.8 of the Illinois Insurance Code shall not

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

26  with respect to the merger, consolidation, or other
    SB1392 Enrolled         - 11 - LRB104 06099 BAB 16132 b

1   acquisition of control, need not take into account the

2   effect on competition of the merger, consolidation, or

3   other acquisition of control;

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

5   following information:

6   (A) certification by an independent actuary of the

7   adequacy of the reserves of the Health Maintenance

8   Organization sought to be acquired;

9   (B) pro forma financial statements reflecting the

10  combined balance sheets of the acquiring company and

11  the Health Maintenance Organization sought to be

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

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

14  forma financial statements reflecting projected

15  combined operation for a period of 2 years;

16  (C) a pro forma business plan detailing an

17  acquiring party's plans with respect to the operation

18  of the Health Maintenance Organization sought to be

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

20  (D) such other information as the Director shall

21  require.

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

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

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

25 enrollee population (including, without limitation, the health

26 maintenance organization's right, title, and interest in and
    SB1392 Enrolled           - 12 - LRB104 06099 BAB 16132 b

1 to its health care certificates).

2   (e) In considering any management contract or service

3 agreement subject to Section 141.1 of the Illinois Insurance

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

5 specified in Section 141.2 of the Illinois Insurance Code,

6 take into account the effect of the management contract or

7 service agreement on the continuation of benefits to enrollees

8 and the financial condition of the health maintenance

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

10 into account the effect of the management contract or service

11 agreement on competition.

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

13 Small Employer Rating, Renewability and Portability Health

14 Insurance Act and except for medicare supplement policies as

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

16 Health Maintenance Organization may by contract agree with a

17 group or other enrollment unit to effect refunds or charge

18 additional premiums under the following terms and conditions:

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

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

21  in the group or enrollment unit contract agreed in advance

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

23  additional premium is to be charged (which period shall

24  not be less than one year); and

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

26  shall not exceed 20% of the Health Maintenance
    SB1392 Enrolled  - 13 - LRB104 06099 BAB 16132 b

1   Organization's profitable or unprofitable experience with

2   respect to the group or other enrollment unit for the

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

4   premium, the profitable or unprofitable experience shall

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

6   Health Maintenance Organization's administrative and

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

8   made or additional premium to be paid pursuant to this

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

10  the group or enrollment unit may agree that the profitable

11  or unprofitable experience may be calculated taking into

12  account the refund period and the immediately preceding 2

13  plan years.

14  The Health Maintenance Organization shall include a

15 statement in the evidence of coverage issued to each enrollee

16 describing the possibility of a refund or additional premium,

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

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

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

20 profitable experience with respect to the group or enrollment

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

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

23 experience with respect to the group or enrollment unit and

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

25 enrollment unit.

26  In no event shall the Illinois Health Maintenance
   SB1392 Enrolled  - 14 - LRB104 06099 BAB 16132 b

1 Organization Guaranty Association be liable to pay any

2 contractual obligation of an insolvent organization to pay any

3 refund authorized under this Section.

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

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

6 accordance with all provisions of the Illinois Administrative

7 Procedure Act and all rules and procedures of the Joint

8 Committee on Administrative Rules; any purported rule not so

9 adopted, for whatever reason, is unauthorized.

10 (Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;

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

12 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,

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

14 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.

15 1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,

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

17 103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.

18 6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,

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

20 103-618, eff. 1-1-25; 103-649, eff. 1-1-25; 103-656, eff.

21 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751,

22 eff. 8-2-24; 103-753, eff. 8-2-24; 103-758, eff. 1-1-25;

23 103-777, eff. 8-2-24; 103-808, eff. 1-1-26; 103-914, eff.

24 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; revised

25 11-26-24.)
    SB1392 Enrolled  - 15 - LRB104 06099 BAB 16132 b

1   Section 20. The Limited Health Service Organization Act is

2 amended by changing Section 4003 as follows:

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

4   Sec. 4003. Illinois Insurance Code provisions. Limited

5 health service organizations shall be subject to the

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

7 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, 152, 153,

8 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 155.49, 352c,

9 355.2, 355.3, 355b, 355d, 356m, 356q, 356v, 356z.4, 356z.4a,

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

11 356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,

12 356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68, 356z.71,

13 356z.73, 356z.74, 356z.75, 364.3, 368a, 370a, 401, 401.1, 402,

14 403, 403A, 408, 408.2, 409, 412, 444, and 444.1 and Articles

15 IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of

16 the Illinois Insurance Code. Nothing in this Section shall

17 require a limited health care plan to cover any service that is

18 not a limited health service. For purposes of the Illinois

19 Insurance Code, except for Sections 444 and 444.1 and Articles

20 XIII and XIII 1/2, limited health service organizations in the

21 following categories are deemed to be domestic companies:

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

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

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

25  of this State, except a corporation subject to
    SB1392 Enrolled  - 16 - LRB104 06099 BAB 16132 b

1   substantially the same requirements in its state of

2   organization as is a domestic company under Article VIII

3   1/2 of the Illinois Insurance Code.

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

5 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-731, eff.

6 1-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816,

7 eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;

8 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.

9 1-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,

10 eff. 1-1-24; 103-605, eff. 7-1-24; 103-649, eff. 1-1-25;

11 103-656, eff. 1-1-25; 103-700, eff. 1-1-25; 103-718, eff.

12 7-19-24; 103-751, eff. 8-2-24; 103-758, eff. 1-1-25; 103-832,

13 eff. 1-1-25; 103-1024, eff. 1-1-25; revised 11-26-24.)

14  Section 25. The Voluntary Health Services Plans Act is

15 amended by changing Section 10 as follows:

16  (215 ILCS 165/10) (from Ch. 32, par. 604)

17  Sec. 10. Application of Illinois Insurance Code

18 provisions. Health services plan corporations and all persons

19 interested therein or dealing therewith shall be subject to

20 the provisions of Articles IIA and XII 1/2 and Sections 3.1,

21 133, 136, 139, 140, 143, 143.31, 143c, 149, 155.22a, 155.37,

22 354, 355.2, 355.3, 355b, 355d, 356g, 356g.5, 356g.5-1, 356m,

23 356q, 356r, 356t, 356u, 356u.10, 356v, 356w, 356x, 356y,

24 356z.1, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6,
    SB1392 Enrolled             - 17 - LRB104 06099 BAB 16132 b

1 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14,

2 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26,

3 356z.29, 356z.30, 356z.32, 356z.32a, 356z.33, 356z.40,

4 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, 356z.56,

5 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64, 356z.67,

6 356z.68, 356z.71, 356z.72, 356z.74, 356z.75, 356z.77, 364.01,

7 364.3, 367.2, 368a, 370a, 401, 401.1, 402, 403, 403A, 408,

8 408.2, and 412, and paragraphs (7) and (15) of Section 367 of

9 the Illinois Insurance Code.

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; 102-203, eff. 1-1-22;

17 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff.

18 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 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; 102-901, eff. 7-1-22; 102-1093, eff.

21 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,

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

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

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

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

26 103-914, eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff.
   SB1392 Enrolled            - 18 - LRB104 06099 BAB 16132 b

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

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

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

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

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

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

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

8 Public Act.

9  Section 99. Effective date. This Act takes effect January

10 1, 2026.
Every fact on this page links to its source, starting with the official bill record.