Rep. Mary E. Flowers
Filed: 3/11/2009
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 626 




2
    AMENDMENT NO. ______. Amend House Bill 626  by replacing 
3
everything after the enacting clause with the following:


 
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
    (Text of Section before amendment by P.A. 95-958)
8
    Sec. 6.11. Required health benefits; Illinois Insurance 
9
Code
requirements.  The program of health
benefits shall provide 
10
the post-mastectomy care benefits required to be covered
by a 
11
policy of accident and health insurance under Section 356t of 
12
the Illinois
Insurance Code.  The program of health benefits 
13
shall provide the coverage
required under Sections 356g.5,

14
356u, 356w, 356x, 356z.2, 356z.4, 356z.6, 356z.9, 356z.10, 
15
356z.13
356z.11, and 356z.14, 356z.15, and 356z.16
of the

16
Illinois Insurance Code.
The program of health benefits must 
 


 






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comply with Section 155.37 of the
Illinois Insurance Code.

2
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
3
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-978, eff. 
4
1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)

 
5
    (Text of Section after amendment by P.A. 95-958)

6
    Sec. 6.11. Required health benefits; Illinois Insurance 
7
Code
requirements.  The program of health
benefits shall provide 
8
the post-mastectomy care benefits required to be covered
by a 
9
policy of accident and health insurance under Section 356t of 
10
the Illinois
Insurance Code.  The program of health benefits 
11
shall provide the coverage
required under Sections 356g.5,

12
356u, 356w, 356x, 356z.2, 356z.4, 356z.6, 356z.9, 356z.10, 
13
356z.11, and 356z.12, 356z.13
356z.11, and 356z.14, 356z.15, 
14
and 356z.16 of the
Illinois Insurance Code.
The program of 
15
health benefits must comply with Section 155.37 of the
Illinois 
16
Insurance Code.

17
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
18
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. 
19
6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised 
20
12-15-08.)

 
21
    Section 10. The Counties Code is amended by changing 
22
Section 5-1069.3 as
follows:


 
23
    (55 ILCS 5/5-1069.3)

 


 






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    (Text of Section before amendment by P.A. 95-958)

2
    Sec. 5-1069.3. Required health benefits.   If a county, 
3
including a home
rule
county, is a self-insurer for purposes of 
4
providing health insurance coverage
for its employees, the 
5
coverage shall include coverage for the post-mastectomy
care 
6
benefits required to be covered by a policy of accident and 
7
health
insurance under Section 356t and the coverage required 
8
under Sections 356g.5, 356u,
356w, 356x, 356z.6, 356z.9, 
9
356z.10, 356z.13
356z.11, and 356z.14, 356z.15, and 356z.16 of

10
the Illinois Insurance Code.  The requirement that health 
11
benefits be covered
as provided in this Section is an
exclusive 
12
power and function of the State and is a denial and limitation 
13
under
Article VII, Section 6, subsection (h) of the Illinois 
14
Constitution.  A home
rule county to which this Section applies 
15
must comply with every provision of
this Section.


16
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
17
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-978, eff. 
18
1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)

 
19
    (Text of Section after amendment by P.A. 95-958)
20
    Sec. 5-1069.3. Required health benefits.   If a county, 
21
including a home
rule
county, is a self-insurer for purposes of 
22
providing health insurance coverage
for its employees, the 
23
coverage shall include coverage for the post-mastectomy
care 
24
benefits required to be covered by a policy of accident and 
25
health
insurance under Section 356t and the coverage required 
 


 






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under Sections 356g.5, 356u,
356w, 356x, 356z.6, 356z.9, 
2
356z.10, 356z.11, and 356z.12, 356z.13
356z.11, and 356z.14, 
3
356z.15, and 356z.16 of
the Illinois Insurance Code.  The 
4
requirement that health benefits be covered
as provided in this 
5
Section is an
exclusive power and function of the State and is 
6
a denial and limitation under
Article VII, Section 6, 
7
subsection (h) of the Illinois Constitution.  A home
rule county 
8
to which this Section applies must comply with every provision 
9
of
this Section.


10
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
11
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. 
12
6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised 
13
12-15-08.)

 
14
    Section 15. The Illinois Municipal Code is amended by 
15
changing Section
10-4-2.3 as follows:


 
16
    (65 ILCS 5/10-4-2.3)

17
    (Text of Section before amendment by P.A. 95-958)

18
    Sec. 10-4-2.3. Required health benefits.   If a 
19
municipality, including a
home rule municipality, is a 
20
self-insurer for purposes of providing health
insurance 
21
coverage for its employees, the coverage shall include coverage 
22
for
the post-mastectomy care benefits required to be covered by 
23
a policy of
accident and health insurance under Section 356t 
24
and the coverage required
under Sections 356g.5, 356u, 356w, 
 


 






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356x, 356z.6, 356z.9, 356z.10, 356z.13
356z.11, and 356z.14, 
2
356z.15, and 356z.16 of the Illinois
Insurance
Code.  The 
3
requirement that health
benefits be covered as provided in this 
4
is an exclusive power and function of
the State and is a denial 
5
and limitation under Article VII, Section 6,
subsection (h) of 
6
the Illinois Constitution.  A home rule municipality to which

7
this Section applies must comply with every provision of this 
8
Section.


9
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
10
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-978, eff. 
11
1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)

 
12
    (Text of Section after amendment by P.A. 95-958)
13
    Sec. 10-4-2.3. Required health benefits.   If a 
14
municipality, including a
home rule municipality, is a 
15
self-insurer for purposes of providing health
insurance 
16
coverage for its employees, the coverage shall include coverage 
17
for
the post-mastectomy care benefits required to be covered by 
18
a policy of
accident and health insurance under Section 356t 
19
and the coverage required
under Sections 356g.5, 356u, 356w, 
20
356x, 356z.6, 356z.9, 356z.10, 356z.11, and 356z.12, 356z.13

21
356z.11, and 356z.14, 356z.15, and 356z.16 of the Illinois

22
Insurance
Code.  The requirement that health
benefits be covered 
23
as provided in this is an exclusive power and function of
the 
24
State and is a denial and limitation under Article VII, Section 
25
6,
subsection (h) of the Illinois Constitution.  A home rule 
 


 






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municipality to which
this Section applies must comply with 
2
every provision of this Section.


3
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
4
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. 
5
6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised 
6
12-15-08.)

 
7
    Section 20. The School Code is amended by changing Section 
8
10-22.3f as
follows:


 
9
    (105 ILCS 5/10-22.3f)

10
    (Text of Section before amendment by P.A. 95-958)

11
    Sec. 10-22.3f. Required health benefits.   Insurance 
12
protection and
benefits
for employees shall provide the 
13
post-mastectomy care benefits required to be
covered by a 
14
policy of accident and health insurance under Section 356t and 
15
the
coverage required under Sections 356g.5, 356u, 356w, 356x,


16
356z.6, 356z.9, 356z.13
and 356z.11, and 356z.14, 356z.15, and 
17
356z.16 of
the
Illinois Insurance Code.


18
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
19
95-876, eff. 8-21-08; 95-978, eff. 1-1-09; 95-1005, eff. 
20
12-12-08; revised 12-15-08.)

 
21
    (Text of Section after amendment by P.A. 95-958)
22
    Sec. 10-22.3f. Required health benefits.   Insurance 
23
protection and
benefits
for employees shall provide the 
 


 






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post-mastectomy care benefits required to be
covered by a 
2
policy of accident and health insurance under Section 356t and 
3
the
coverage required under Sections 356g.5, 356u, 356w, 356x,


4
356z.6, 356z.9, 356z.11, and 356z.12, 356z.13
and 356z.11, and 
5
356z.14, 356z.15, and 356z.16 of
the
Illinois Insurance Code.


6
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
7
95-876, eff. 8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09; 
8
95-1005, 12-12-08; revised 12-15-08.)

 
9
    Section 25. The Illinois Insurance Code is amended by 
10
adding Sections
356z.15 and
356z.16
as
follows:


 
11
    (215 ILCS 5/356z.15 new)

12
    Sec. 356z.15. Intravenous feeding.   A group or individual 
13
policy of
accident and health insurance or managed care plan 
14
amended, delivered, issued,
or renewed after the effective date 
15
of this amendatory Act of the 96th General
Assembly must 
16
provide coverage for intravenous feeding.  The benefits under

17
this Section shall be at least as favorable as for other 
18
coverages under the
policy and may be subject to the same 
19
dollar amount limits, deductibles, and
co-insurance 
20
requirements applicable generally to other coverages under the

21
policy.
 
22
    (215 ILCS 5/356z.16 new)

23
    Sec. 356z.16. Prescription nutritional supplements. A 
 


 






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group or individual
policy of
accident and health insurance or 
2
managed care plan amended, delivered, issued,
or renewed
after 
3
the effective date of this amendatory Act of the 96th General 
4
Assembly
that provides
coverage for prescription drugs must 
5
provide coverage for reimbursement for
medically
appropriate 
6
prescription nutritional supplements when ordered by a 
7
physician
licensed to
practice medicine in all its branches and 
8
the insured suffers from a condition
that prevents
him or her 
9
from taking sufficient oral nourishment to sustain life.

 
10
    Section 30. The Health Maintenance Organization Act is 
11
amended by changing
Section 5-3 as follows:


 


12
    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)

13
    (Text of Section before amendment by P.A. 95-958)

14
    Sec. 5-3. Insurance Code provisions. 

15
    (a) Health Maintenance Organizations
shall be subject to 
16
the provisions of Sections 133, 134, 137, 140, 141.1,
141.2, 
17
141.3, 143, 143c, 147, 148, 149, 151,
152, 153, 154, 154.5, 
18
154.6,
154.7, 154.8, 155.04, 355.2, 356m, 356v, 356w, 356x, 
19
356y,
356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 
20
356z.13
356z.11, 356z.14, 356z.15, 356z.16,
 364.01, 367.2, 
21
367.2-5, 367i, 368a, 368b, 368c, 368d, 368e, 370c,
401, 401.1, 
22
402, 403, 403A,
408, 408.2, 409, 412, 444,
and
444.1,
paragraph 
23
(c) of subsection (2) of Section 367, and Articles IIA, VIII 
24
1/2,
XII,
XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the 
 


 






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Illinois Insurance Code.

2
    (b) For purposes of the Illinois Insurance Code, except for 
3
Sections 444
and 444.1 and Articles XIII and XIII 1/2, Health 
4
Maintenance Organizations in
the following categories are 
5
deemed to be "domestic companies":


6
        (1) a corporation authorized under the
Dental Service 
7
    Plan Act or the Voluntary Health Services Plans Act;


8
        (2) a corporation organized under the laws of this 
9
    State; or


10
        (3) a corporation organized under the laws of another 
11
    state, 30% or more
of the enrollees of which are residents 
12
    of this State, except a
corporation subject to 
13
    substantially the same requirements in its state of

14
    organization as is a "domestic company" under Article VIII 
15
    1/2 of the
Illinois Insurance Code.

16
    (c) In considering the merger, consolidation, or other 
17
acquisition of
control of a Health Maintenance Organization 
18
pursuant to Article VIII 1/2
of the Illinois Insurance Code,


19
        (1) the Director shall give primary consideration to 
20
    the continuation of
benefits to enrollees and the financial 
21
    conditions of the acquired Health
Maintenance Organization 
22
    after the merger, consolidation, or other
acquisition of 
23
    control takes effect;


24
        (2)(i) the criteria specified in subsection (1)(b) of 
25
    Section 131.8 of
the Illinois Insurance Code shall not 
26
    apply and (ii) the Director, in making
his determination 
 


 






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    with respect to the merger, consolidation, or other

2
    acquisition of control, need not take into account the 
3
    effect on
competition of the merger, consolidation, or 
4
    other acquisition of control;


5
        (3) the Director shall have the power to require the 
6
    following
information:


7
            (A) certification by an independent actuary of the 
8
        adequacy
of the reserves of the Health Maintenance 
9
        Organization sought to be acquired;


10
            (B) pro forma financial statements reflecting the 
11
        combined balance
sheets of the acquiring company and 
12
        the Health Maintenance Organization sought
to be 
13
        acquired as of the end of the preceding year and as of 
14
        a date 90 days
prior to the acquisition, as well as pro 
15
        forma financial statements
reflecting projected 
16
        combined operation for a period of 2 years;


17
            (C) a pro forma business plan detailing an 
18
        acquiring party's plans with
respect to the operation 
19
        of the Health Maintenance Organization sought to
be 
20
        acquired for a period of not less than 3 years; and


21
            (D) such other information as the Director shall 
22
        require.

23
    (d) The provisions of Article VIII 1/2 of the Illinois 
24
Insurance Code
and this Section 5-3 shall apply to the sale by 
25
any health maintenance
organization of greater than 10% of its

26
enrollee population (including without limitation the health 
 


 






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maintenance
organization's right, title, and interest in and to 
2
its health care
certificates).

3
    (e) In considering any management contract or service 
4
agreement subject
to Section 141.1 of the Illinois Insurance 
5
Code, the Director (i) shall, in
addition to the criteria 
6
specified in Section 141.2 of the Illinois
Insurance Code, take 
7
into account the effect of the management contract or
service 
8
agreement on the continuation of benefits to enrollees and the

9
financial condition of the health maintenance organization to 
10
be managed or
serviced, and (ii) need not take into account the 
11
effect of the management
contract or service agreement on 
12
competition.

13
    (f) Except for small employer groups as defined in the 
14
Small Employer
Rating, Renewability and Portability Health 
15
Insurance Act and except for
medicare supplement policies as 
16
defined in Section 363 of the Illinois
Insurance Code, a Health 
17
Maintenance Organization may by contract agree with a
group or 
18
other enrollment unit to effect refunds or charge additional 
19
premiums
under the following terms and conditions:


20
        (i) the amount of, and other terms and conditions with 
21
    respect to, the
refund or additional premium are set forth 
22
    in the group or enrollment unit
contract agreed in advance 
23
    of the period for which a refund is to be paid or

24
    additional premium is to be charged (which period shall not 
25
    be less than one
year); and


26
        (ii) the amount of the refund or additional premium 
 


 






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    shall not exceed 20%
of the Health Maintenance 
2
    Organization's profitable or unprofitable experience
with 
3
    respect to the group or other enrollment unit for the 
4
    period (and, for
purposes of a refund or additional 
5
    premium, the profitable or unprofitable
experience shall 
6
    be calculated taking into account a pro rata share of the

7
    Health Maintenance Organization's administrative and 
8
    marketing expenses, but
shall not include any refund to be 
9
    made or additional premium to be paid
pursuant to this 
10
    subsection (f)).  The Health Maintenance Organization and 
11
    the
group or enrollment unit may agree that the profitable 
12
    or unprofitable
experience may be calculated taking into 
13
    account the refund period and the
immediately preceding 2 
14
    plan years.

15
    The Health Maintenance Organization shall include a 
16
statement in the
evidence of coverage issued to each enrollee 
17
describing the possibility of a
refund or additional premium, 
18
and upon request of any group or enrollment unit,
provide to 
19
the group or enrollment unit a description of the method used 
20
to
calculate (1) the Health Maintenance Organization's 
21
profitable experience with
respect to the group or enrollment 
22
unit and the resulting refund to the group
or enrollment unit 
23
or (2) the Health Maintenance Organization's unprofitable

24
experience with respect to the group or enrollment unit and the 
25
resulting
additional premium to be paid by the group or 
26
enrollment unit.

 


 






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    In no event shall the Illinois Health Maintenance 
2
Organization
Guaranty Association be liable to pay any 
3
contractual obligation of an
insolvent organization to pay any 
4
refund authorized under this Section.

5
(Source: P.A. 94-906, eff. 1-1-07; 94-1076, eff. 12-29-06; 
6
95-422, eff. 8-24-07; 95-520, eff. 8-28-07; 95-876, eff. 
7
8-21-08; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised 
8
12-15-08.)

 
9
    (Text of Section after amendment by P.A. 95-958)
10
    Sec. 5-3. Insurance Code provisions. 

11
    (a) Health Maintenance Organizations
shall be subject to 
12
the provisions of Sections 133, 134, 137, 140, 141.1,
141.2, 
13
141.3, 143, 143c, 147, 148, 149, 151,
152, 153, 154, 154.5, 
14
154.6,
154.7, 154.8, 155.04, 355.2, 356m, 356v, 356w, 356x, 
15
356y,
356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 
16
356z.11, 356z.12, 356z.13
356z.11, 356z.14, 356z.15, 356z.16, 
17
364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, 368e, 
18
370c,
401, 401.1, 402, 403, 403A,
408, 408.2, 409, 412, 444,

19
and
444.1,
paragraph (c) of subsection (2) of Section 367, and 
20
Articles IIA, VIII 1/2,
XII,
XII 1/2, XIII, XIII 1/2, XXV, and 
21
XXVI of the Illinois Insurance Code.

22
    (b) For purposes of the Illinois Insurance Code, except for 
23
Sections 444
and 444.1 and Articles XIII and XIII 1/2, Health 
24
Maintenance Organizations in
the following categories are 
25
deemed to be "domestic companies":


 


 






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        (1) a corporation authorized under the
Dental Service 
2
    Plan Act or the Voluntary Health Services Plans Act;


3
        (2) a corporation organized under the laws of this 
4
    State; or


5
        (3) a corporation organized under the laws of another 
6
    state, 30% or more
of the enrollees of which are residents 
7
    of this State, except a
corporation subject to 
8
    substantially the same requirements in its state of

9
    organization as is a "domestic company" under Article VIII 
10
    1/2 of the
Illinois Insurance Code.

11
    (c) In considering the merger, consolidation, or other 
12
acquisition of
control of a Health Maintenance Organization 
13
pursuant to Article VIII 1/2
of the Illinois Insurance Code,


14
        (1) the Director shall give primary consideration to 
15
    the continuation of
benefits to enrollees and the financial 
16
    conditions of the acquired Health
Maintenance Organization 
17
    after the merger, consolidation, or other
acquisition of 
18
    control takes effect;


19
        (2)(i) the criteria specified in subsection (1)(b) of 
20
    Section 131.8 of
the Illinois Insurance Code shall not 
21
    apply and (ii) the Director, in making
his determination 
22
    with respect to the merger, consolidation, or other

23
    acquisition of control, need not take into account the 
24
    effect on
competition of the merger, consolidation, or 
25
    other acquisition of control;


26
        (3) the Director shall have the power to require the 
 


 






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    following
information:


2
            (A) certification by an independent actuary of the 
3
        adequacy
of the reserves of the Health Maintenance 
4
        Organization sought to be acquired;


5
            (B) pro forma financial statements reflecting the 
6
        combined balance
sheets of the acquiring company and 
7
        the Health Maintenance Organization sought
to be 
8
        acquired as of the end of the preceding year and as of 
9
        a date 90 days
prior to the acquisition, as well as pro 
10
        forma financial statements
reflecting projected 
11
        combined operation for a period of 2 years;


12
            (C) a pro forma business plan detailing an 
13
        acquiring party's plans with
respect to the operation 
14
        of the Health Maintenance Organization sought to
be 
15
        acquired for a period of not less than 3 years; and


16
            (D) such other information as the Director shall 
17
        require.

18
    (d) The provisions of Article VIII 1/2 of the Illinois 
19
Insurance Code
and this Section 5-3 shall apply to the sale by 
20
any health maintenance
organization of greater than 10% of its

21
enrollee population (including without limitation the health 
22
maintenance
organization's right, title, and interest in and to 
23
its health care
certificates).

24
    (e) In considering any management contract or service 
25
agreement subject
to Section 141.1 of the Illinois Insurance 
26
Code, the Director (i) shall, in
addition to the criteria 
 


 






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specified in Section 141.2 of the Illinois
Insurance Code, take 
2
into account the effect of the management contract or
service 
3
agreement on the continuation of benefits to enrollees and the

4
financial condition of the health maintenance organization to 
5
be managed or
serviced, and (ii) need not take into account the 
6
effect of the management
contract or service agreement on 
7
competition.

8
    (f) Except for small employer groups as defined in the 
9
Small Employer
Rating, Renewability and Portability Health 
10
Insurance Act and except for
medicare supplement policies as 
11
defined in Section 363 of the Illinois
Insurance Code, a Health 
12
Maintenance Organization may by contract agree with a
group or 
13
other enrollment unit to effect refunds or charge additional 
14
premiums
under the following terms and conditions:


15
        (i) the amount of, and other terms and conditions with 
16
    respect to, the
refund or additional premium are set forth 
17
    in the group or enrollment unit
contract agreed in advance 
18
    of the period for which a refund is to be paid or

19
    additional premium is to be charged (which period shall not 
20
    be less than one
year); and


21
        (ii) the amount of the refund or additional premium 
22
    shall not exceed 20%
of the Health Maintenance 
23
    Organization's profitable or unprofitable experience
with 
24
    respect to the group or other enrollment unit for the 
25
    period (and, for
purposes of a refund or additional 
26
    premium, the profitable or unprofitable
experience shall 
 


 






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    be calculated taking into account a pro rata share of the

2
    Health Maintenance Organization's administrative and 
3
    marketing expenses, but
shall not include any refund to be 
4
    made or additional premium to be paid
pursuant to this 
5
    subsection (f)).  The Health Maintenance Organization and 
6
    the
group or enrollment unit may agree that the profitable 
7
    or unprofitable
experience may be calculated taking into 
8
    account the refund period and the
immediately preceding 2 
9
    plan years.

10
    The Health Maintenance Organization shall include a 
11
statement in the
evidence of coverage issued to each enrollee 
12
describing the possibility of a
refund or additional premium, 
13
and upon request of any group or enrollment unit,
provide to 
14
the group or enrollment unit a description of the method used 
15
to
calculate (1) the Health Maintenance Organization's 
16
profitable experience with
respect to the group or enrollment 
17
unit and the resulting refund to the group
or enrollment unit 
18
or (2) the Health Maintenance Organization's unprofitable

19
experience with respect to the group or enrollment unit and the 
20
resulting
additional premium to be paid by the group or 
21
enrollment unit.

22
    In no event shall the Illinois Health Maintenance 
23
Organization
Guaranty Association be liable to pay any 
24
contractual obligation of an
insolvent organization to pay any 
25
refund authorized under this Section.

26
(Source: P.A. 94-906, eff. 1-1-07; 94-1076, eff. 12-29-06; 
 


 






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95-422, eff. 8-24-07; 95-520, eff. 8-28-07; 95-876, eff. 
2
8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09; 95-1005, 
3
eff. 12-12-08; revised 12-15-08.)


 
4
    Section 35. The Voluntary Health Services Plans Act is 
5
amended by changing
Section 10 as follows:


 


6
    (215 ILCS 165/10)  (from Ch. 32, par. 604)

7
    (Text of Section before amendment by P.A. 95-958)

8
    Sec. 10. Application of Insurance Code provisions. Health 
9
services
plan corporations and all persons interested therein 
10
or dealing therewith
shall be subject to the provisions of 
11
Articles IIA and XII 1/2 and Sections
3.1, 133, 140, 143, 143c, 
12
149, 155.37, 354, 355.2, 356g.5, 356r, 356t, 356u, 356v,
356w, 
13
356x, 356y, 356z.1, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 
14
356z.9,
356z.10, 356z.13
356z.11, 356z.14, 356z.15, 356z.16,
 
15
364.01, 367.2, 368a, 401, 401.1,
402,
403, 403A, 408,
408.2, 
16
and 412, and paragraphs (7) and (15) of Section 367 of the 
17
Illinois
Insurance Code.

18
(Source: P.A. 94-1076, eff. 12-29-06; 95-189, eff. 8-16-07; 
19
95-331, eff. 8-21-07; 95-422, eff. 8-24-07; 95-520, eff. 
20
8-28-07; 95-876, eff. 8-21-08; 95-978, eff. 1-1-09; 95-1005, 
21
eff. 12-12-08; revised 12-15-08.)

 
22
    (Text of Section after amendment by P.A. 95-958)
23
    Sec. 10. Application of Insurance Code provisions. Health 
 


 






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services
plan corporations and all persons interested therein 
2
or dealing therewith
shall be subject to the provisions of 
3
Articles IIA and XII 1/2 and Sections
3.1, 133, 140, 143, 143c, 
4
149, 155.37, 354, 355.2, 356g.5, 356r, 356t, 356u, 356v,
356w, 
5
356x, 356y, 356z.1, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 
6
356z.9,
356z.10, 356z.11, 356z.12, 356z.13
356z.11, 356z.14, 
7
356z.15, 356z.16, 364.01, 367.2, 368a, 401, 401.1,
402,
403, 
8
403A, 408,
408.2, and 412, and paragraphs (7) and (15) of 
9
Section 367 of the Illinois
Insurance Code.

10
(Source: P.A. 94-1076, eff. 12-29-06; 95-189, eff. 8-16-07; 
11
95-331, eff. 8-21-07; 95-422, eff. 8-24-07; 95-520, eff. 
12
8-28-07; 95-876, eff. 8-21-08; 95-958, eff. 6-1-09; 95-978, 
13
eff. 1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)


 
14
    Section 90. The State Mandates Act is amended by adding 
15
Section 8.33 as follows:
 
16
    (30 ILCS 805/8.33 new)
17
    Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 
18
of this Act, no reimbursement by the State is required for the 
19
implementation of any mandate created by this amendatory Act of 
20
the 96th General Assembly.
 
21
    Section 95. No acceleration or delay. Where this Act makes 
22
changes in a statute that is represented in this Act by text 
23
that is not yet or no longer in effect (for example, a Section 
 


 






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represented by multiple versions), the use of that text does 
2
not accelerate or delay the taking effect of (i) the changes 
3
made by this Act or (ii) provisions derived from any other 
4
Public Act.".