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92nd General Assembly

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Public Act 92-0048

SB866 Enrolled                                LRB9201220JSpcA

    AN  ACT  concerning  insurance   coverage   relating   to
mastectomies and mammograms.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Illinois Insurance  Code  is  amended  by
changing Section 356g as follows:

    (215 ILCS 5/356g) (from Ch. 73, par. 968g)
    Sec. 356g.  Mammograms; mastectomies.
    (a)  Every   insurer  shall  provide  in  each  group  or
individual policy,  contract,  or  certificate  of  insurance
issued  or  renewed  for  persons  who  are residents of this
State, coverage for screening by low-dose mammography for all
women 35 years of age or older for  the  presence  of  occult
breast  cancer within the provisions of the policy, contract,
or certificate. The coverage shall be as follows:
         (1)  A baseline mammogram for women 35 to  39  years
    of age.
         (2)  An  annual  mammogram for women 40 years of age
    or older.
    These benefits shall be at  least  as  favorable  as  for
other  radiological  examinations  and  subject  to  the same
dollar limits, deductibles,  and  co-insurance  factors.  For
purposes  of  this  Section, "low-dose mammography" means the
x-ray examination of the  breast  using  equipment  dedicated
specifically  for  mammography,  including  the  x-ray  tube,
filter,   compression   device,   and  image  receptor,  with
radiation exposure delivery of less than 1 rad per breast for
2 views of an average size breast.
    (b)  No policy  of  accident  or  health  insurance  that
provides  for  the  surgical  procedure known as a mastectomy
shall be issued, amended, delivered, or renewed in this State
on or after July  1,  1981,  unless  that  coverage  is  also
provides  offered  for  prosthetic  devices or reconstructive
surgery  incident  to  the  mastectomy,  providing  that  the
mastectomy is performed after  July  1,  1981.  Coverage  for
breast  reconstruction  in connection with a mastectomy shall
include:
         (1)  reconstruction of the  breast  upon  which  the
    mastectomy has been performed;
         (2)  surgery  and reconstruction of the other breast
    to produce a symmetrical appearance; and
         (3)  prostheses   and   treatment    for    physical
    complications  at  all  stages  of  mastectomy, including
    lymphedemas.
Care shall be determined in consultation with  the  attending
physician   and   the   patient.  The  offered  coverage  for
prosthetic  devices  and  reconstructive  surgery  shall   be
subject  to the deductible and coinsurance conditions applied
to  the  mastectomy,  and  all  other  terms  and  conditions
applicable to other benefits.  When a mastectomy is performed
and there is no  evidence  of  malignancy  then  the  offered
coverage  may  be  limited  to  the  provision  of prosthetic
devices and reconstructive surgery to within  2  years  after
the  date  of  the  mastectomy.  As  used  in  this  Section,
"mastectomy"  means  the removal of all or part of the breast
for medically necessary reasons, as determined by a  licensed
physician.
    Written notice of the availability of coverage under this
Section shall be delivered to the insured upon enrollment and
annually  thereafter.   An insurer may not deny to an insured
eligibility, or continued eligibility, to enroll or to  renew
coverage  under  the terms of the plan solely for the purpose
of avoiding the requirements of this Section.  An insurer may
not penalize or reduce  or  limit  the  reimbursement  of  an
attending   provider   or  provide  incentives  (monetary  or
otherwise) to an attending provider to induce the provider to
provide care to an insured in a manner inconsistent with this
Section.
(Source: P.A. 90-7, eff. 6-10-97.)

    Section 10.  The Health Maintenance Organization  Act  is
amended by changing Section 4-6.1 as follows:

    (215 ILCS 125/4-6.1) (from Ch. 111 1/2, par. 1408.7)
    Sec. 4-6.1.  Mammograms; mastectomies.
    (a)  Every  contract  or evidence of coverage issued by a
Health Maintenance Organization for persons who are residents
of  this  State  shall  contain  coverage  for  screening  by
low-dose mammography for all women 35 years of age  or  older
for the presence of occult breast cancer.  The coverage shall
be as follows:
         (1)  A  baseline  mammogram for women 35 to 39 years
    of age.
         (2)  An annual mammogram for women 40 years  of  age
    or older.
    These  benefits  shall  be  at  least as favorable as for
other radiological  examinations  and  subject  to  the  same
dollar  limits,  deductibles,  and co-insurance factors.  For
purposes of this Section, "low-dose  mammography"  means  the
x-ray  examination  of  the  breast using equipment dedicated
specifically  for  mammography,  including  the  x-ray  tube,
filter,  compression  device,  and   image   receptor,   with
radiation exposure delivery of less than 1 rad per breast for
2 views of an average size breast.
    (b)  No  contract  or  evidence  of  coverage issued by a
health  maintenance  organization  that  provides   for   the
surgical  procedure  known  as  a mastectomy shall be issued,
amended, delivered, or renewed in this State on or after  the
effective  date  of  this  amendatory Act of the 92nd General
Assembly unless that coverage also  provides  for  prosthetic
devices or reconstructive surgery incident to the mastectomy,
providing   that   the  mastectomy  is  performed  after  the
effective date of this amendatory Act.  Coverage  for  breast
reconstruction in connection with a mastectomy shall include:
         (1)  reconstruction  of  the  breast  upon which the
    mastectomy has been performed;
         (2)  surgery and reconstruction of the other  breast
    to produce a symmetrical appearance; and
         (3)  prostheses    and    treatment   for   physical
    complications at  all  stages  of  mastectomy,  including
    lymphedemas.
Care  shall  be determined in consultation with the attending
physician  and  the  patient.  The   offered   coverage   for
prosthetic   devices  and  reconstructive  surgery  shall  be
subject to the deductible and coinsurance conditions  applied
to   the  mastectomy  and  all  other  terms  and  conditions
applicable to other benefits.  When a mastectomy is performed
and there is no evidence  of  malignancy,  then  the  offered
coverage  may  be  limited  to  the  provision  of prosthetic
devices and reconstructive surgery to within  2  years  after
the  date  of  the  mastectomy.  As  used  in  this  Section,
"mastectomy"  means  the removal of all or part of the breast
for medically necessary reasons, as determined by a  licensed
physician.
    Written notice of the availability of coverage under this
Section  shall  be  delivered to the enrollee upon enrollment
and annually thereafter.  A health  maintenance  organization
may  not  deny  to  an  enrollee  eligibility,  or  continued
eligibility,  to  enroll or to renew coverage under the terms
of  the  plan  solely  for  the  purpose  of   avoiding   the
requirements   of   this   Section.    A  health  maintenance
organization  may  not  penalize  or  reduce  or  limit   the
reimbursement  of an attending provider or provide incentives
(monetary or otherwise) to an attending  provider  to  induce
the  provider  to  provide  care  to  an  insured in a manner
inconsistent with this Section.
(Source: P.A. 90-7, eff. 6-10-97; 90-655, eff. 7-30-98.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 01, 2001.
    Approved July 03, 2001.

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