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92nd General Assembly

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Public Act 92-0135

HB1040 Enrolled                                LRB9206171JSpc

    AN ACT relating to insurance.

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

    Section  5.  The  Health  Maintenance Organization Act is
amended by changing Sections 2-3, 2-4,  and  2-6  and  adding
Article 4.5 as follows:

    (215 ILCS 125/2-3) (from Ch. 111 1/2, par. 1405)
    Sec.  2-3.   Powers  of health maintenance organizations.
The powers of a health maintenance organization include,  but
are not limited to the following:
    (a)  The   purchase,   lease,  construction,  renovation,
operation, or maintenance of hospitals, medical facilities or
both, and their ancillary equipment, and such property as may
reasonably be required for its principal office or  for  such
other  purposes as may be necessary in the transaction of the
business of the organization.
    (b)  The  making  of  loans  to  a  medical  group  under
contract with it and in furtherance of  its  program  or  the
making  of  loans  to a corporation or corporations under its
control for the purpose of acquiring or constructing  medical
facilities  at  hospitals  or  in  furtherance  of  a program
providing health care services for enrollees.
    (c)  The  furnishing  of  health  care  services  through
providers which are under contract with or  employed  by  the
health maintenance organization.
    (d)  The  contracting with any person for the performance
on  its  behalf  of  certain  functions  such  as  marketing,
enrollment and administration.
    (e)  The contracting with an insurance  company  licensed
in this State, or with a hospital, medical, dental, vision or
pharmaceutical  service corporation authorized to do business
in this State, for the provision of insurance, indemnity,  or
reimbursement   against  the  cost  of  health  care  service
provided by the health maintenance organization.
    (f)  The offering,  in  addition  to  basic  health  care
services, of (1) health care services, (2) indemnity benefits
covering out of area or emergency services, and (3) indemnity
benefits  provided  through  insurers  or  hospital, medical,
dental, vision, or pharmaceutical service  corporations,  and
(4) health maintenance organization point-of-service benefits
as authorized under Article 4.5.
    (g)  Rendering services related to the functions involved
in  the  operating  of  its  health  maintenance organization
business  including  but  not  limited  to  providing  health
services, data processing, accounting, or claims.
    (g-5)  Indemnification for services provided to  a  child
as required under subdivision (e)(3) of Section 4-2.
    (h)  Any other business activity reasonably complementary
or  supplementary  to  its  health  maintenance  organization
business to the extent approved by the Director.
(Source: P.A. 89-183, eff. 1-1-96.)

    (215 ILCS 125/2-4) (from Ch. 111 1/2, par. 1406)
    Sec.  2-4. Required minimum net worth; special contingent
reserve; deficiency; impairment.
    (a)  A   health   maintenance   organization   issued   a
certificate of authority on or after the  effective  date  of
this  amendatory  Act  of  1987  shall  have and at all times
maintain net worth  of  not  less  than  $1,500,000.   As  an
allocation of net worth, organizations certified prior to the
effective  date of this amendatory Act of 1987 shall maintain
a special contingent reserve. The special contingent  reserve
for an organization certified between January 1, 1986 and the
effective  date of this amendatory Act of 1987 shall be equal
to 5% of its net earned subscription revenue for health  care
services   through   December  31st  of  the  year  in  which
certified.   In  subsequent  years  such  organization  shall
accumulate additions to the contingent reserve in  an  amount
which  is  equal to 2% of its net earned subscription revenue
for each calendar year.  For purposes of  this  Section,  net
earned  subscription  revenue means premium minus reinsurance
expenses.  Maintenance of  the  contingent  reserve  requires
that  net  worth  equals or exceeds the contingent reserve at
any balance sheet date.
    (b)  Additional accumulations under subsection  (a)  will
no  longer  be  required at such time that  the total special
contingent reserve required by subsection  (a)  is  equal  to
$1,500,000.
    (c)  A   deficiency   in   meeting  amounts  required  in
subsections (a),  (b), and (d) will require (1)  filing  with
the  Director  a  plan  for  correction  of  the  deficiency,
acceptable   to  the  Director  and  (2)  correction  of  the
deficiency within a reasonable time, not to  exceed  60  days
unless  an  extension  of  time,  not to exceed 60 additional
days, is granted by the Director. Such a deficiency  will  be
deemed  an  impairment, and failure to correct the deficiency
in the prescribed time shall be  grounds  for  suspension  or
revocation pursuant to subsection (h) of Section 5-5.
    (d)  All   health   maintenance  organizations  issued  a
certificate of authority on or prior to December 31, 1985 and
regulated under this Act must have and at all times maintain,
prior to  December  31,  1988,  the  net  worth  and  special
contingent  reserve  that  was  required  for that particular
organization  at  the  time  it  was  certified.   All   such
organizations  must  have by December 31, 1988 and thereafter
maintain at all times, net worth of not  less  than  $300,000
and  a  special contingent reserve calculated and accumulated
in the same  manner  as  required  of  a  health  maintenance
organization  issued a certificate of authority on or between
January 1, 1986 and the effective date of this amendatory Act
of 1987.  Such calculation shall commence with the  financial
reporting period first following certification.
    All  organizations  issued  a  certificate  of  authority
between  January  1,  1986  and  the  effective  date of this
amendatory Act of 1987 must have and at  all  times  maintain
the  net  worth  and  special  contingent  reserve  that  was
required  for that particular organization at the time it was
certified.
    (d-5)  A health maintenance organization  that  offers  a
point-of-service  product  must maintain minimum net worth of
not less than:
         (1)  the greater of 300% of the "authorized  control
    level"   as  defined  by  Article  IIA  of  the  Illinois
    Insurance Code; or
         (2)  $3,500,000   if    the    health    maintenance
    organization's  annual  projected  out-of-plan claims are
    less than $500,000; or
         (3)  $4,500,000   if    the    health    maintenance
    organization's  annual  projected  out-of-plan claims are
    equal  to  or  greater  than  $500,000  but   less   than
    $1,000,000; or
         (4)  $6,000,000    if    the    health   maintenance
    organization's annual projected  out-of-plan  claims  are
    $1,000,000 or greater.
    (e)  Unless   allowed   by   the   Director,   no  health
maintenance   organization,   officer,   director,   trustee,
producer, or employee of such organization may renew,  issue,
or  deliver, or cause to be renewed, issued or delivered, any
certificate, agreement,  or  contract  of  coverage  in  this
State,  for which a premium is charged or collected, when the
organization writing such coverage is insolvent or  impaired,
and the fact of such insolvency or impairment is known to the
organization,   officer,   director,  trustee,  producer,  or
employee of such organization.  An organization  is  impaired
when  a  deficiency exists in meeting the amounts required in
subsections(a), (b), and (d) of Section 2-4.
    However, the existence of an impairment does not  prevent
the  issuance  or  renewal  of  a  certificate,  agreement or
contract when the enrollee exercises an option granted  under
the plan to obtain new, renewed or converted coverage.
    Any  organization,  officer, director, trustee, producer,
or employee of such organization  violating  this  subsection
shall be guilty of a Class A misdemeanor.
(Source: P.A. 85-20.)

    (215 ILCS 125/2-6) (from Ch. 111 1/2, par. 1406.2)
    Sec. 2-6.  Statutory deposits.
    (a)  Every organization subject to the provisions of this
Act  shall  make  and  maintain  with  the  Director  through
December  30,  1993,  for  the protection of enrollees of the
organization, a deposit of securities  which  are  authorized
investments under paragraphs (1) and (2) of subsection (h) of
Section  3-1  having  a  fair  market value equal to at least
$100,000.  Effective December 31, 1993 and  through  December
30, 1994, the deposit shall have a fair market value at least
equal   to   $200,000.    Effective  December  31,  1994  and
thereafter, the deposit shall have a  fair  market  value  at
least   equal   to   $300,000.    An  organization  issued  a
certificate of authority on or after the  effective  date  of
this Amendatory Act of 1993, shall make and maintain with the
Director;   for   the   protection   of   enrollees   of  the
organization, a deposit of securities  which  are  authorized
investments under paragraphs (1) and (2) of subsection (h) of
Section  3-1  having  a  fair  market value equal to at least
$300,000.  The amount on deposit shall remain as an  admitted
asset  of  the  organization  in the determination of its net
worth.
    (b)  An  organization  that  offers  a   point-of-service
product,  as  permitted  by  Article  4.5,  must  maintain an
additional deposit in an amount that is  not  less  than  the
greater  of  125%  of  the  organization's  annual  projected
point-of-service claims or $300,000.
(Source: P.A. 88-364.)

    (215 ILCS 125/Art. 4.5, heading new)
               ARTICLE 4.5.  POINT-OF-SERVICE
                          PRODUCTS

    (215 ILCS 125/4.5-1 new)
    Sec. 4.5-1.  Point-of-service health service contracts.
    (a)  A  health  maintenance  organization  that  offers a
point-of-service contract:
         (1)  must include as in-plan  covered  services  all
    services  required  by  law  to  be  provided by a health
    maintenance organization;
         (2)  must provide incentives,  which  shall  include
    financial   incentives,  for  enrollees  to  use  in-plan
    covered services;
         (3)  may  not  offer  services  out-of-plan  without
    providing those services on an in-plan basis;
         (4)  may include  annual  out-of-pocket  limits  and
    lifetime  maximum  benefits  allowances  for  out-of-plan
    services  that are separate from any limits or allowances
    applied to in-plan services;
         (5)  may not consider emergency services, authorized
    referral services, or non-routine services  obtained  out
    of the service area to be point-of-service services; and
         (6)  may   treat   as   out-of-plan  services  those
    services that an enrollee obtains  from  a  participating
    provider,  but for which the proper authorization was not
    given by the health maintenance organization.
    (b)  A  health  maintenance   organization   offering   a
point-of-service  contract is subject to all of the following
limitations:
         (1)  The health  maintenance  organization  may  not
    expend in any calendar quarter more than 20% of its total
    expenditures  for all its members for out-of-plan covered
    services.
         (2)  If the amount specified in  item  (1)  of  this
    subsection  is  exceeded  by  2% in a quarter, the health
    maintenance organization must effect compliance with item
    (1) of this  subsection  by  the  end  of  the  following
    quarter.
         (3)  If compliance with the amount specified in item
    (1)  of this subsection is not demonstrated in the health
    maintenance organization's  next  quarterly  report,  the
    health   maintenance   organization  may  not  offer  the
    point-of-service contract to new groups  or  include  the
    point-of-service  option  in  the  renewal of an existing
    group until compliance with the amount specified in  item
    (1) of this subsection is demonstrated or until otherwise
    allowed by the Director.
         (4)  A   health  maintenance  organization  failing,
    without just cause, to comply with the provisions of this
    subsection shall be required, after notice  and  hearing,
    to  pay a penalty of $250 for each day out of compliance,
    to be recovered by the Director.  Any  penalty  recovered
    shall be paid into the General Revenue Fund. The Director
    may   reduce   the  penalty  if  the  health  maintenance
    organization  demonstrates  to  the  Director  that   the
    imposition  of  the  penalty would constitute a financial
    hardship to the health maintenance organization.
    (c)  A health  maintenance  organization  that  offers  a
point-of-service product must do all of the following:
         (1)  File  a quarterly financial statement detailing
    compliance with the requirements of subsection (b).
         (2)  Track out-of-plan, point-of-service utilization
    separately   from   in-plan   or    non-point-of-service,
    out-of-plan  emergency  care,  referral  care, and urgent
    care out of the service area utilization.
         (3)  Record out-of-plan utilization in a manner that
    will permit such utilization and cost  reporting  as  the
    Director may, by rule, require.
         (4)  Demonstrate to the Director's satisfaction that
    the  health  maintenance  organization  has  the  fiscal,
    administrative,  and  marketing  capacity  to control its
    point-of-service enrollment, utilization, and costs so as
    not to jeopardize the financial security  of  the  health
    maintenance organization.
         (5)  Maintain,  in  addition  to  any  other deposit
    required under this Act, the deposit required by  Section
    2-6.
         (6)  Maintain   cash   and   cash   equivalents   of
    sufficient  amount  to  fully  liquidate 10 days' average
    claim payments, subject to review by the Director.
         (7)  Maintain   and   file   with   the    Director,
    reinsurance   coverage  protecting  against  catastrophic
    losses  on  out  of  network  point-of-service  services.
    Deductibles may not exceed $100,000 per covered life  per
    year,  and  the  portion  of  risk retained by the health
    maintenance  organization  once  deductibles  have   been
    satisfied  may not exceed 20%. Reinsurance must be placed
    with  licensed  authorized  reinsurers  qualified  to  do
    business in this State.
    (d)  A health maintenance organization may  not  issue  a
point-of-service contract until it has filed and had approved
by  the Director a plan to comply with the provisions of this
Section.  The compliance plan must,  at  a  minimum,  include
provisions   demonstrating   that   the   health  maintenance
organization will do all of the following:
         (1)  Design the benefit  levels  and  conditions  of
    coverage  for  in-plan  covered  services and out-of-plan
    covered services as required by this Article.
         (2)  Provide  or  arrange  for  the   provision   of
    adequate systems to:
              (A)  process and pay claims for all out-of-plan
         covered services;
              (B)  meet the requirements for point-of-service
         contracts   set   forth  in  this  Section  and  any
         additional requirements that may be set forth by the
         Director; and
              (C)  generate accurate data and  financial  and
         regulatory  reports  on  a  timely basis so that the
         Department of  Insurance  can  evaluate  the  health
         maintenance   organization's   experience  with  the
         point-of-service  contract  and  monitor  compliance
         with point-of-service contract provisions.
         (3)  Comply with the requirements of subsections (b)
    and (c).
    Passed in the General Assembly May 03, 2001.
    Approved July 24, 2001.

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