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SB1418 Enrolled                      LRB104 06136 BAB 16169 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
    SB1418 Enrolled  -2-              LRB104 06136 BAB 16169 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.
   SB1418 Enrolled              -3-  LRB104 06136 BAB 16169 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,
    SB1418 Enrolled       -4-             LRB104 06136 BAB 16169 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
    SB1418 Enrolled  -5-  LRB104 06136 BAB 16169 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
    SB1418 Enrolled        -6-  LRB104 06136 BAB 16169 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,
    SB1418 Enrolled  -7-              LRB104 06136 BAB 16169 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.)
    SB1418 Enrolled           -8-     LRB104 06136 BAB 16169 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 peripheral artery disease

5 screening test. A group or individual plan of accident and

6 health insurance or managed care plan amended, delivered,

7 issued, or renewed on or after January 1, 2027 shall provide

8 medically necessary coverage for a peripheral artery disease

9 screening test for any at-risk individual, as defined by the

10 American College of Cardiology and the American Heart

11 Association's Joint Committee on Clinical Practice Guidelines.

12  Section 25. The Health Maintenance Organization Act is

13 amended by changing Section 5-3 as follows:

14  (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)

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

16  Sec. 5-3. Insurance Code provisions.

17  (a) Health Maintenance Organizations shall be subject to

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

19 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151,

20 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a,

21 155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g.5-1,

22 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2, 356z.3a,

23 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10,
    SB1418 Enrolled          -9-           LRB104 06136 BAB 16169 b

1 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18,

2 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24, 356z.25,

3 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32, 356z.33,

4 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39, 356z.40,

5 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46, 356z.47,

6 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54, 356z.55,

7 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61, 356z.62,

8 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68, 356z.69,

9 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75, 356z.77,

10 356z.80, 364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b,

11 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A,

12 408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of

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

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

15 Illinois Insurance Code.

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

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

18 Health Maintenance Organizations in the following categories

19 are deemed to be "domestic companies":

20  (1) a corporation authorized under the Dental Service

21  Plan Act or the Voluntary Health Services Plans Act;

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

23  State; or

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

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

26  of this State, except a corporation subject to
    SB1418 Enrolled         - 10 - LRB104 06136 BAB 16169 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   (c) In considering the merger, consolidation, or other

5 acquisition of control of a Health Maintenance Organization

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

7   (1) the Director shall give primary consideration to

8   the continuation of benefits to enrollees and the

9   financial conditions of the acquired Health Maintenance

10  Organization after the merger, consolidation, or other

11  acquisition of control takes effect;

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

13  Section 131.8 of the Illinois Insurance Code shall not

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

15  with respect to the merger, consolidation, or other

16  acquisition of control, need not take into account the

17  effect on competition of the merger, consolidation, or

18  other acquisition of control;

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

20  following information:

21  (A) certification by an independent actuary of the

22  adequacy of the reserves of the Health Maintenance

23  Organization sought to be acquired;

24  (B) pro forma financial statements reflecting the

25  combined balance sheets of the acquiring company and

26  the Health Maintenance Organization sought to be
    SB1418 Enrolled           - 11 - LRB104 06136 BAB 16169 b

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

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

3   forma financial statements reflecting projected

4   combined operation for a period of 2 years;

5   (C) a pro forma business plan detailing an

6   acquiring party's plans with respect to the operation

7   of the Health Maintenance Organization sought to be

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

9   (D) such other information as the Director shall

10  require.

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

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

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

14 enrollee population (including, without limitation, the health

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

16 to its health care certificates).

17  (e) In considering any management contract or service

18 agreement subject to Section 141.1 of the Illinois Insurance

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

20 specified in Section 141.2 of the Illinois Insurance Code,

21 take into account the effect of the management contract or

22 service agreement on the continuation of benefits to enrollees

23 and the financial condition of the health maintenance

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

25 into account the effect of the management contract or service

26 agreement on competition.
    SB1418 Enrolled  - 12 - LRB104 06136 BAB 16169 b

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

2 Small Employer Rating, Renewability and Portability Health

3 Insurance Act and except for medicare supplement policies as

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

5 Health Maintenance Organization may by contract agree with a

6 group or other enrollment unit to effect refunds or charge

7 additional premiums under the following terms and conditions:

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

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

10  in the group or enrollment unit contract agreed in advance

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

12  additional premium is to be charged (which period shall

13  not be less than one year); and

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

15  shall not exceed 20% of the Health Maintenance

16  Organization's profitable or unprofitable experience with

17  respect to the group or other enrollment unit for the

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

19  premium, the profitable or unprofitable experience shall

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

21  Health Maintenance Organization's administrative and

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

23  made or additional premium to be paid pursuant to this

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

25  the group or enrollment unit may agree that the profitable

26  or unprofitable experience may be calculated taking into
    SB1418 Enrolled  - 13 - LRB104 06136 BAB 16169 b

1   account the refund period and the immediately preceding 2

2   plan years.

3   The Health Maintenance Organization shall include a

4 statement in the evidence of coverage issued to each enrollee

5 describing the possibility of a refund or additional premium,

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

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

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

9 profitable experience with respect to the group or enrollment

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

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

12 experience with respect to the group or enrollment unit and

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

14 enrollment unit.

15  In no event shall the Illinois Health Maintenance

16 Organization Guaranty Association be liable to pay any

17 contractual obligation of an insolvent organization to pay any

18 refund authorized under this Section.

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

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

21 accordance with all provisions of the Illinois Administrative

22 Procedure Act and all rules and procedures of the Joint

23 Committee on Administrative Rules; any purported rule not so

24 adopted, for whatever reason, is unauthorized.

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

26 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
    SB1418 Enrolled  - 14 - LRB104 06136 BAB 16169 b

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

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

15  Sec. 5-3. Insurance Code provisions.

16  (a) Health Maintenance Organizations shall be subject to

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

18 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151,

19 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a,

20 155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g,

21 356g.5-1, 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2,

22 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9,

23 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17,

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

25 356z.25, 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32,
    SB1418 Enrolled          - 15 - LRB104 06136 BAB 16169 b

1 356z.33, 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39,

2 356z.40, 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46,

3 356z.47, 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54,

4 356z.55, 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61,

5 356z.62, 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68,

6 356z.69, 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75,

7 356z.77, 356z.80, 364, 364.01, 364.3, 367.2, 367.2-5, 367i,

8 368a, 368b, 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402,

9 403, 403A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c)

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

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

12 Illinois Insurance Code.

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

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

15 Health Maintenance Organizations in the following categories

16 are deemed to be "domestic companies":

17  (1) a corporation authorized under the Dental Service

18  Plan Act or the Voluntary Health Services Plans Act;

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

20  State; or

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

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

23  of this State, except a corporation subject to

24  substantially the same requirements in its state of

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

26  1/2 of the Illinois Insurance Code.
    SB1418 Enrolled         - 16 - LRB104 06136 BAB 16169 b

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

2 acquisition of control of a Health Maintenance Organization

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

4   (1) the Director shall give primary consideration to

5   the continuation of benefits to enrollees and the

6   financial conditions of the acquired Health Maintenance

7   Organization after the merger, consolidation, or other

8   acquisition of control takes effect;

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

10  Section 131.8 of the Illinois Insurance Code shall not

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

12  with respect to the merger, consolidation, or other

13  acquisition of control, need not take into account the

14  effect on competition of the merger, consolidation, or

15  other acquisition of control;

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

17  following information:

18  (A) certification by an independent actuary of the

19  adequacy of the reserves of the Health Maintenance

20  Organization sought to be acquired;

21  (B) pro forma financial statements reflecting the

22  combined balance sheets of the acquiring company and

23  the Health Maintenance Organization sought to be

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

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

26  forma financial statements reflecting projected
    SB1418 Enrolled           - 17 - LRB104 06136 BAB 16169 b

1   combined operation for a period of 2 years;

2   (C) a pro forma business plan detailing an

3   acquiring party's plans with respect to the operation

4   of the Health Maintenance Organization sought to be

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

6   (D) such other information as the Director shall

7   require.

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

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

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

11 enrollee population (including, without limitation, the health

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

13 to its health care certificates).

14  (e) In considering any management contract or service

15 agreement subject to Section 141.1 of the Illinois Insurance

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

17 specified in Section 141.2 of the Illinois Insurance Code,

18 take into account the effect of the management contract or

19 service agreement on the continuation of benefits to enrollees

20 and the financial condition of the health maintenance

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

22 into account the effect of the management contract or service

23 agreement on competition.

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

25 Small Employer Rating, Renewability and Portability Health

26 Insurance Act and except for medicare supplement policies as
    SB1418 Enrolled  - 18 - LRB104 06136 BAB 16169 b

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

2 Health Maintenance Organization may by contract agree with a

3 group or other enrollment unit to effect refunds or charge

4 additional premiums under the following terms and conditions:

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

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

7   in the group or enrollment unit contract agreed in advance

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

9   additional premium is to be charged (which period shall

10  not be less than one year); and

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

12  shall not exceed 20% of the Health Maintenance

13  Organization's profitable or unprofitable experience with

14  respect to the group or other enrollment unit for the

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

16  premium, the profitable or unprofitable experience shall

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

18  Health Maintenance Organization's administrative and

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

20  made or additional premium to be paid pursuant to this

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

22  the group or enrollment unit may agree that the profitable

23  or unprofitable experience may be calculated taking into

24  account the refund period and the immediately preceding 2

25  plan years.

26  The Health Maintenance Organization shall include a
    SB1418 Enrolled  - 19 - LRB104 06136 BAB 16169 b

1 statement in the evidence of coverage issued to each enrollee

2 describing the possibility of a refund or additional premium,

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

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

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

6 profitable experience with respect to the group or enrollment

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

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

9 experience with respect to the group or enrollment unit and

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

11 enrollment unit.

12  In no event shall the Illinois Health Maintenance

13 Organization Guaranty Association be liable to pay any

14 contractual obligation of an insolvent organization to pay any

15 refund authorized under this Section.

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

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

18 accordance with all provisions of the Illinois Administrative

19 Procedure Act and all rules and procedures of the Joint

20 Committee on Administrative Rules; any purported rule not so

21 adopted, for whatever reason, is unauthorized.

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

23 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.

24 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,

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

26 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.
    SB1418 Enrolled  - 20 - LRB104 06136 BAB 16169 b

 1 1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,
 2 eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;
 3 103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.
 4 6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
 5 eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24;
 6 103-618, eff. 1-1-25; 103-649, eff. 1-1-25; 103-656, eff.
 7 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751,
 8 eff. 8-2-24; 103-753, eff. 8-2-24; 103-758, eff. 1-1-25;
 9 103-777, eff. 8-2-24; 103-808, eff. 1-1-26; 103-914, eff.
10 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; revised
11 11-26-24.)

12  Section 30. The Limited Health Service Organization Act is

13 amended by changing Section 4003 as follows:

14  (215 ILCS 130/4003) (from Ch. 73, par. 1504-3)

15  Sec. 4003. Illinois Insurance Code provisions. Limited

16 health service organizations shall be subject to the

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

18 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, 152, 153,

19 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 155.49, 352c,

20 355.2, 355.3, 355b, 355d, 356m, 356q, 356v, 356z.4, 356z.4a,

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

22 356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,

23 356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68, 356z.71,

24 356z.73, 356z.74, 356z.75, 356z.80, 364.3, 368a, 401, 401.1,
    SB1418 Enrolled    - 21 - LRB104 06136 BAB 16169 b

1 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1 and

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

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

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

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

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

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

8 organizations in the following categories are deemed to be

9 domestic companies:

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

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

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

13  of this State, except a corporation subject to

14  substantially the same requirements in its state of

15  organization as is a domestic company under Article VIII

16  1/2 of the Illinois Insurance Code.

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

18 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-731, eff.

19 1-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816,

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

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

22 1-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,

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

24 103-656, eff. 1-1-25; 103-700, eff. 1-1-25; 103-718, eff.

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

26 eff. 1-1-25; 103-1024, eff. 1-1-25; revised 11-26-24.)
    SB1418 Enrolled  - 22 - LRB104 06136 BAB 16169 b

1   Section 35. The Voluntary Health Services Plans Act is

2 amended by changing Section 10 as follows:

3   (215 ILCS 165/10) (from Ch. 32, par. 604)

4   Sec. 10. Application of Insurance Code provisions. Health

5 services plan corporations and all persons interested therein

6 or dealing therewith shall be subject to the provisions of

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

8 143, 143.31, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3,

9 355b, 355d, 356g, 356g.5, 356g.5-1, 356m, 356q, 356r, 356t,

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

11 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9,

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

13 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30,

14 356z.32, 356z.32a, 356z.33, 356z.40, 356z.41, 356z.46,

15 356z.47, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59,

16 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, 356z.71,

17 356z.72, 356z.74, 356z.75, 356z.77, 356z.80, 364.01, 364.3,

18 367.2, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412,

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

20 Insurance Code.

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

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

23 with all provisions of the Illinois Administrative Procedure

24 Act and all rules and procedures of the Joint Committee on
    SB1418 Enrolled      - 23 - LRB104 06136 BAB 16169 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; 102-203, eff. 1-1-22;
 4 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff.
 5 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804,
 6 eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23;
 7 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 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;
10 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-656, eff.
11 1-1-25; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-753,
12 eff. 8-2-24; 103-758, eff. 1-1-25; 103-832, eff. 1-1-25;
13 103-914, eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff.
14 1-1-25; revised 11-26-24.)

15  Section 40. The Illinois Public Aid Code is amended by

16 changing Section 5-16.8 as follows:

17  (305 ILCS 5/5-16.8)

18  Sec. 5-16.8. Required health benefits. The medical

19 assistance program shall (i) provide the post-mastectomy care

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

21 health insurance under Section 356t and the coverage required

22 under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6,

23 356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46,

24 356z.47, 356z.51, 356z.53, 356z.59, 356z.60, 356z.61, 356z.64,
    SB1418 Enrolled    - 24 - LRB104 06136 BAB 16169 b

1 and 356z.67, and 356z.71, 356z.75, and 356z.80 of the Illinois

2 Insurance Code, (ii) be subject to the provisions of Sections

3 356z.19, 356z.44, 356z.49, 364.01, 370c, and 370c.1 of the

4 Illinois Insurance Code, and (iii) be subject to the

5 provisions of subsection (d-5) of Section 10 of the Network

6 Adequacy and Transparency Act.

7   The Department, by rule, shall adopt a model similar to

8 the requirements of Section 356z.39 of the Illinois Insurance

9 Code.

10  On and after July 1, 2012, the Department shall reduce any

11 rate of reimbursement for services or other payments or alter

12 any methodologies authorized by this Code to reduce any rate

13 of reimbursement for services or other payments in accordance

14 with Section 5-5e.

15  To ensure full access to the benefits set forth in this

16 Section, on and after January 1, 2016, the Department shall

17 ensure that provider and hospital reimbursement for

18 post-mastectomy care benefits required under this Section are

19 no lower than the Medicare reimbursement rate.

20 (Source: P.A. 102-30, eff. 1-1-22; 102-144, eff. 1-1-22;

21 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-530, eff.

22 1-1-22; 102-642, eff. 1-1-22; 102-804, eff. 1-1-23; 102-813,

23 eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093, eff. 1-1-23;

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

25 1-1-24; 103-420, eff. 1-1-24; 103-605, eff. 7-1-24; 103-703,

26 eff. 1-1-25; 103-758, eff. 1-1-25; 103-1024, eff. 1-1-25;
         SB1418 Enrolled  - 25 - LRB104 06136 BAB 16169 b
1 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.
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