101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3862

 

Introduced 2/14/2020, by Sen. Andy Manar

 

SYNOPSIS AS INTRODUCED:
 
215 ILCS 5/355.5 new
215 ILCS 5/356g  from Ch. 73, par. 968g
215 ILCS 5/356z.4
215 ILCS 5/356z.37
215 ILCS 125/4-6.1  from Ch. 111 1/2, par. 1408.7
215 ILCS 125/5-3  from Ch. 111 1/2, par. 1411.2
215 ILCS 165/10  from Ch. 32, par. 604

    Amends the Illinois Insurance Code, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act. Exempts HSA-eligible high deductible health plans from various cost-sharing provisions for insurance coverage under the Illinois Insurance Code, the Health Maintenance Organization Act, the Managed Care Reform and Patients Rights Act, and any other provision of Illinois law that the Department of Insurance may specify by rule or at an insurance company's request pursuant to the policy form filing process, but only until the plan's deductible has been met and only to the minimum extent necessary to allow the policy to satisfy specified federal criteria for health savings accounts. Provides that for insurance policies issued, delivered, amended, or renewed on or after January 1, 2021, companies must identify plans as "HSA-eligible" or "non-HSA". Provides form disclosure language. Provides that for any high deductible non-HSA insurance policy issued, delivered, amended, or renewed on or after January 1, 2020 and before December 31, 2020, insurance companies must offer applicants and policyholders the option to amend the policy to be an HSA-eligible plan by adopting all necessary exemptions. Provides Notice and Election form language which allows applicants or policyholders to adjust a policy's coverage to be eligible to contribute to a health savings account. Provides requirements for insurance companies concerning filing and receipt of Notice and Election forms, adjustments to terms of coverage, and issuance of riders or endorsements. Defines "HSA-eligible HDHP" and "high deductible non-HSA policy". Removes exemptions from prohibitions against imposing a deductible, coinsurance, copayment, or any other cost-sharing requirement on required insurance coverage. Effective immediately, except certain provisions take effect on January 1, 2021.


LRB101 20451 BMS 70010 b

 

 

A BILL FOR

 

SB3862LRB101 20451 BMS 70010 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Insurance Code is amended by
5changing Sections 356g and 356z.4, renumbering and changing
6356z.33, and by adding Section 355.5 as follows:
 
7    (215 ILCS 5/355.5 new)
8    Sec. 355.5. Eligibility for health savings accounts.
9    (a) In this Section:
10        "High deductible non-HSA policy" means a policy of
11    individual or group accident and health insurance coverage
12    that would have qualified as an HSA-eligible policy but for
13    its conformity with any of the Illinois statutes subject to
14    exemption under subsection (b).
15        "HSA-eligible HDHP" means a policy of individual or
16    group accident and health insurance coverage that
17    satisfies the criteria for a high deductible health plan in
18    26 U.S.C. 223 as implemented and interpreted by the U.S.
19    Department of the Treasury in the regulations and guidance
20    in effect at the time of any transaction or occurrence
21    addressed by this Section.
22    (b) Exemptions for an HSA-eligible HDHP.
23        (1) An HSA-eligible HDHP is exempt from the following

 

 

SB3862- 2 -LRB101 20451 BMS 70010 b

1    provisions of Illinois law, but only until the deductible
2    has been met and only to the minimum extent necessary to
3    allow the policy to satisfy the criteria for a high
4    deductible health plan as implemented and interpreted by
5    the U.S. Department of the Treasury under 26 U.S.C. 223:
6            (A) the prohibition on cost-sharing requirements
7        for all coverages provided under subsection (a) of
8        Section 356g of this Code and subsection (a) of Section
9        4-6.1 of the Health Maintenance Organization Act;
10            (B) the prohibition on cost-sharing requirements
11        for coverage of voluntary male sterilization
12        procedures under paragraph (4) of subsection (a) of
13        Section 356z.4 of this Code;
14            (C) the prohibition on cost-sharing requirements
15        for coverage of whole body skin examinations provided
16        under Section 356z.37 of this Code;
17            (D) the requirements in subsection (d) of Section
18        30 of the Managed Care Reform and Patient Rights Act.
19        Notwithstanding any other provision of this Section,
20        if any method of reducing an individual's
21        out-of-pocket expenses addressed in subsection (d) of
22        Section 30 does not fall within the scope of U.S.
23        Department of the Treasury regulations or guidance
24        about the criteria for a high deductible health plan
25        under 26 U.S.C. 223, or if such regulations or guidance
26        indicate that the method of reduction is not prohibited

 

 

SB3862- 3 -LRB101 20451 BMS 70010 b

1        for such a plan, then an HSA-eligible HDHP shall not be
2        exempt from the requirements of subsection (d) of
3        Section 30 relating to that method of reduction;
4            (E) other Illinois provisions that the Department
5        may identify by rule. For such an exemption to be
6        valid, the Department's rule must cite to the specific
7        federal statute, regulation, or guidance within or
8        under 26 U.S.C. 223 that would require a policy to be
9        exempt from the Illinois statute in order to be an
10        HSA-eligible HDHP; and
11            (F) other Illinois provisions that the Department
12        may acknowledge at a company's request during the
13        policy form filing process provided under Sections 143
14        and 355 of this Code. If a company requests an
15        exemption from a statutory provision under this
16        subparagraph (F), the Department may grant the
17        exemption only if the company has cited a specific
18        federal statute, regulation, or guidance within or
19        under 26 U.S.C. 223 that would actually require such an
20        exemption for the policy to be an HSA-eligible HDHP.
21        Upon the first time granting the exemption to that
22        Illinois provision, the Department shall publish a
23        notification to companies indicating that it has done
24        so and identifying its specific basis for granting the
25        exemption.
26        (2) Notwithstanding any other provision of this

 

 

SB3862- 4 -LRB101 20451 BMS 70010 b

1    Section, if the U.S. Department of the Treasury determines
2    by regulation or guidance that any coverage addressed by
3    one of the Illinois statutes referenced in this subsection
4    pertains to preventive care as that term is used in 26
5    U.S.C. 223, an exemption shall not apply with respect to
6    that Illinois statute for any HSA-eligible HDHP issued,
7    delivered, amended, or renewed while such regulation or
8    guidance is effective.
9    (c) For any HSA-eligible HDHP issued, delivered, amended,
10or renewed on or after January 1, 2021, a company shall
11expressly identify the policy as HSA-eligible in all policy
12forms and in all sales and marketing materials. Any name or
13title of a product that is an HSA-eligible HDHP shall include
14the term "HSA-eligible".
15    (d) For all policies issued, delivered, amended, or renewed
16on or after January 1, 2021, unless the policy is an
17HSA-eligible HDHP, no company shall use the terms
18"HSA-eligible", "HSA", "for HSAs", "high deductible health
19plan", "HDHP", or any substantially similar term or phrase, to
20describe a policy of individual or group accident and health
21insurance coverage in any policy form or related sales or
22marketing materials. For all policies in effect on or after the
23effective date of this amendatory Act of the 101st General
24Assembly, a company or producer shall not in any way represent
25that a policy not satisfying the definition in subsection (a)
26is an HSA-eligible HDHP.

 

 

SB3862- 5 -LRB101 20451 BMS 70010 b

1    (e) For high deductible non-HSA policies issued,
2delivered, amended, or renewed on or after January 1, 2021, the
3company shall use the term "non-HSA" in any name or title of
4the product found in its policy form, as well as in all sales
5and marketing materials. Any policy, certificate, evidence of
6coverage, or outline of coverage for a high deductible non-HSA
7policy shall include a statement substantially the same as the
8following within the first 2 pages of substantive text:
9"Pursuant to Section 355.5 of the Illinois Insurance Code, we
10are required to disclose that the coverage provided under this
11policy may not qualify as a high deductible health plan under
1226 U.S.C. 223. As a result, your enrollment under this policy
13may not qualify you as an eligible individual to contribute to
14a health savings account.".
15    (f) Except as provided in subsection (g), no company is
16required to offer an HSA-eligible HDHP merely because it offers
17a high deductible non-HSA policy, or vice versa.
18    (g)(1) This subsection shall apply only to the large group
19market and only with respect to large employer applicants for a
20group policy and large employer policyholders whose coverage a
21company will renew or offer to renew.
22    (2) For any high deductible non-HSA policy issued,
23delivered, amended, or renewed no later than December 31, 2020
24based on an application or renewal notice issued at least 30
25days after the effective date of this amendatory Act of the
26101st General Assembly, the company shall offer all applicants

 

 

SB3862- 6 -LRB101 20451 BMS 70010 b

1and policyholders of such policies the option to amend their
2coverage to be an HSA-eligible HDHP by adopting all necessary
3exemptions under subsection (b). With an application form or
4renewal notice issued or displayed at least 30 days after the
5effective date of this amendatory Act of the 101st General
6Assembly the company shall provide a Notice and Election form
7to the applicant or policyholder containing the following text
8in quotations. Brackets denote variable text, while
9parentheses enclose instructions about the use of the variable
10text:
11
"NOTICE AND ELECTION REGARDING ELIGIBILITY FOR HEALTH SAVINGS
12
ACCOUNT
13            Under Section 355.5 of the Illinois Insurance
14        Code, we are required to notify you that, because of
15        temporary inconsistencies between state and federal
16        laws, the coverage provided under this policy may not
17        currently qualify any of your enrolled employees as an
18        eligible individual to make contributions to a health
19        savings account. A health savings account, also known
20        as an HSA, is a specific type of account with federal
21        tax advantages that can be used to pay for qualified
22        medical expenses. An HSA is not the same as a flexible
23        spending account, a health reimbursement arrangement,
24        or some other arrangements that help consumers pay for
25        their medical expenses. The State of Illinois has
26        amended its laws so that health insurance coverage

 

 

SB3862- 7 -LRB101 20451 BMS 70010 b

1        issued, delivered, amended, or renewed in 2021 or later
2        will not conflict with federal laws regarding HSAs.
3            For the meantime, though, if you want your coverage
4        under this policy to allow employees to contribute to
5        an HSA, then you MUST return this Notice and Election
6        to us with your signature and a mark in the "YES" box
7        below. You may also wish to return this Notice and
8        Election if you or your employees have already
9        contributed to an employee HSA at any time since
10        January 1, 2020. By returning this form to us with your
11        signature and a mark for "YES", you expressly will
12        allow us to adjust the terms of your coverage as
13        follows:
14            1. Your enrolled employees will be responsible to
15        pay out-of-pocket for all costs associated with the
16        benefits for a comprehensive ultrasound screening or
17        MRI of an entire breast or breasts until before they
18        have met their deductible. Once they have met their
19        deductible, they will receive these benefits without
20        any further cost-sharing.
21            2. For prescription drugs, we will NOT apply any
22        third-party payments, financial assistance, discount,
23        product vouchers, or any other reduction in
24        out-of-pocket expenses toward your enrolled employees'
25        deductible for this coverage. Only the payments that
26        they make themselves will count toward the deductible.

 

 

SB3862- 8 -LRB101 20451 BMS 70010 b

1        IMPORTANT: Nothing here will prevent your enrolled
2        employees from accepting or using these discounts,
3        coupons, and other reductions in out-of-pocket
4        expenses when they pay for their prescription. We
5        simply will not be able to count toward their
6        deductible any amounts that they do not pay for
7        themselves. Once they have met the deductible, if they
8        subsequently receive any of these discounts, coupons,
9        or other reductions for prescription drugs during the
10        current policy term, the amount of that reduction WILL
11        be counted toward all other applicable cost-sharing
12        requirements for their coverage, such as a copay,
13        coinsurance, and out-of-pocket maximum.
14            [3. Your enrolled employees will be responsible to
15        pay out-of-pocket for all costs associated with the
16        benefit for a whole body skin examination until they
17        have met their deductible. Once they have met the
18        deductible, they will receive these benefits without
19        any further cost-sharing. (This clause 3 must be
20        included in the Notice and Election form if and only if
21        the existing policy does not impose cost-sharing
22        requirements for whole body skin examinations at least
23        until the deductible is reached.)]
24            [[3.] [4.] Your enrolled employees will be
25        responsible to pay out-of-pocket for all costs
26        associated with the benefit for voluntary male

 

 

SB3862- 9 -LRB101 20451 BMS 70010 b

1        sterilization before they have met their deductible.
2        Once they have met the deductible, they will receive
3        these benefits without any further cost-sharing. (This
4        clause 3 or 4 must be included in the Notice and
5        Election form if and only if the existing policy does
6        not impose cost-sharing requirements on voluntary male
7        sterilization at least until the deductible is
8        reached.)]
9            [If the company intends to adjust the premium)
10        Based on these changes, the premium contributions for
11        this policy term will be adjusted as follows:...]
12            Besides the [two/three/four] changes above [and
13        the associated adjustment to your premium (if
14        applicable)], returning this Notice and Election with
15        your signature will not cause any other adjustments to
16        be made to your coverage during the upcoming policy
17        term. The adjustments to your policy will take effect
18        on the first day of the term.
19            IF YOU WANT US TO ADJUST YOUR COVERAGE IN TIME TO
20        ALLOW ELIGIBILITY TO CONTRIBUTE TO AN HSA DURING THE
21        YEAR 2020, WE MUST RECEIVE YOUR SIGNED NOTICE AND
22        ELECTION WITH A "YES" MARK NO LATER THAN THE BUSINESS
23        DAY BEFORE YOUR POLICY TERM BEGINS, AND YOUR POLICY
24        TERM MUST BEGIN NO LATER THAN DECEMBER 1, 2020. If you
25        do not intend this coverage to be used for employee
26        HSAs during the upscoming policy period, you may

 

 

SB3862- 10 -LRB101 20451 BMS 70010 b

1        disregard this Notice and Election.
2            Please mark this box if applicable:
3            "YES", adjust this coverage to allow eligibility
4        to contribute to an HSA under this policy.
5            IMPORTANT: We are providing this Notice and
6        Election as required under Illinois law. It is not
7        intended to be tax advice or legal advice from us to
8        you or your employees. The requirements for HSAs are
9        based on the federal Internal Revenue Code and are
10        enforced by the federal Internal Revenue Service. Even
11        if you elect "YES" under this form, federal tax
12        penalties may apply to some contributions to an HSA
13        under some circumstances. If you need advice about how
14        or whether to be eligible to contribute to an HSA, or
15        how to avoid or minimize federal tax penalties with an
16        HSA, please consult a qualified tax professional. The
17        IRS also provides guidance about HSAs in its
18        Publication 969, which may be found online at
19        www.irs.gov.
20            Sincerely,
21            [Company Executive Officer Signature]
 
22            For the Group Applicant/Policyholder
23            Group Applicant/Policyholder Name:
24            Authorized Representative Name and Title:
25        Authorized Representative

 

 

SB3862- 11 -LRB101 20451 BMS 70010 b

1            Signature:................................Date:]"
2        (3)(A) Within 30 days after the effective date of this
3    amendatory Act of the 101st General Assembly, a company
4    that offers or provides coverage under a high deductible
5    non-HSA policy subject to this subsection (g) shall file
6    its Notice and Election forms with the Director. In this
7    filing, the company shall identify the System for
8    Electronic Rates and Form Filing (SERFF) tracking numbers,
9    form numbers, and dates of approval of the policies,
10    certificates, and evidences of coverage that will be
11    affected by a Notice and Election form. Besides the
12    contents within the brackets, a company may modify the
13    statutory text of the Notice and Election form to reflect
14    defined terms from the underlying policy, certificate, or
15    evidence of coverage. The company must submit a complete
16    filing before issuing a Notice and Election form to any
17    applicant or policyholder. If the Director finds that this
18    filing does not comply with any requirements of this
19    Section, he or she may order the company to discontinue its
20    use and to resubmit a corrected form. No right to an
21    administrative hearing shall apply to this order.
22        (B) Not later than 60 days after the effective date of
23    this amendatory Act of the 101st General Assembly, a
24    company that offers or provides coverage under a high
25    deductible non-HSA policy subject to this subsection (g)
26    shall file rider or endorsement policy forms with the

 

 

SB3862- 12 -LRB101 20451 BMS 70010 b

1    Director for approval. The rider or endorsement shall
2    reflect only the changes that will be made to the terms and
3    conditions of the policy, contract, certificate, evidence
4    of coverage, or other policy form based on a "YES" election
5    made under the Notice and Election form. The company shall
6    identify in such filings the System for Electronic Rates
7    and Form Filing (SERFF) tracking numbers, form numbers, and
8    dates of approval of the policy forms whose terms and
9    conditions will be amended. The Director shall have 45 days
10    to approve or disapprove the rider or endorsement policy
11    forms upon receipt of a complete filing. Failure to
12    approve, disapprove, or take an extension by that deadline
13    shall be deemed an approval.
14        (C) No signature of acceptance shall be required on the
15    rider or endorsement form, provided that such rider or
16    endorsement shall only be issued to a person who has
17    returned a signed Notice and Election form that has been
18    filed with the Director.
19        (D) If a company will simultameously adjust the premium
20    of a large group policy based on an amendment elected under
21    this subsection (g), the company shall submit a rate filing
22    with the rider or endorsement policy form filing to
23    demonstrate the calculation of the new rates.
24        (E) Except as modified by this paragraph (3), the
25    provisions of subsection (1) of Section 143 and Section 355
26    of this Code, and the rules adopted thereunder, shall apply

 

 

SB3862- 13 -LRB101 20451 BMS 70010 b

1    to this form filing procedure.
2        (4)(A) Upon receipt of a Notice and Election signed by,
3    or on behalf of, an applicant or policyholder under this
4    subsection, a company shall apply the exemptions in
5    subsection (b) of this Section as necessary to adjust the
6    applicant or policyholder's coverage to become an
7    HSA-eligible HDHP as reflected in the approved rider or
8    endorsement for that policy. The changes to the terms and
9    conditions of coverage shall be deemed effective on the
10    date of the policy's inception or renewal, whichever is
11    later.
12        (B) At the time of issuing the policy, certificate, or
13    evidence of coverage or any renewal thereof or within 10
14    days after receiving the Director's approval under
15    paragraph (3) above, whichever is later, the company shall
16    issue a rider or endorsement to each group policyholder,
17    and to each enrollee in a group policy, that specifies the
18    changes to the terms of coverage. The company shall attach
19    a copy of the signed Notice and Election to the rider or
20    endorsement.
21        (C) The company's receipt of the signed Notice and
22    Election shall be deemed to satisfy any Illinois
23    requirement for a rider or endorsement to be signed by the
24    enrollee.
25        (D) Other than the premium rate to be charged, the
26    effective date of the adjustments in coverage shall not be

 

 

SB3862- 14 -LRB101 20451 BMS 70010 b

1    delayed by the absence of a rider or endorsement policy
2    form with the Department's approval.
3        (5) A company may electronically issue and receive the
4    Notice and Election form, as well as any resulting rider or
5    endorsement, to the extent consistent with applicable law.
6        (6) If a company, in its policy forms or marketing
7    materials, already expressly describes any of its policies
8    in the Illinois large group market as pertaining to an HSA
9    or a health savings account, or as being an HDHP or a high
10    deductible health plan, then with respect to the company's
11    coverage in that market, the company shall only be required
12    to offer to amend high deductible non-HSA policies for
13    which such express descriptions are used. However, on or
14    after the effective date of this amendatory Act of the
15    101st General Assembly, if a company subject to this
16    paragraph (6) also offers to amend any other high
17    deductible non-HSA policy so that it becomes an
18    HSA-eligible HDHP, then the company shall conform to the
19    requirements of this subsection (g) for that amendment
20    process.
21    (h) If an applicant or policyholder obtains an HSA-eligible
22HDHP, or if a large group applicant or policyholder elects to
23adjust their coverage under subsection (g), any successive
24policy shall not be deemed a renewal policy unless it is issued
25as an HSA-eligible HDHP. Nothing in this Section prevents a
26company from offering a policyholder a high deductible non-HSA

 

 

SB3862- 15 -LRB101 20451 BMS 70010 b

1policy as an alternative to renewing their HSA-eligible HDHP,
2nor from discontinuing to offer any HSA-eligible HDHP
3altogether in the Illinois individual, small group, or large
4group market.
5    (i) This Section does not apply to short-term,
6limited-duration health insurance coverage as defined in
7Section 5 of the Short-Term, Limited-Duration Health Insurance
8Coverage Act.
 
9    (215 ILCS 5/356g)  (from Ch. 73, par. 968g)
10    Sec. 356g. Mammograms; mastectomies.
11    (a) Every insurer shall provide in each group or individual
12policy, contract, or certificate of insurance issued or renewed
13for persons who are residents of this State, coverage for
14screening by low-dose mammography for all women 35 years of age
15or older for the presence of occult breast cancer within the
16provisions of the policy, contract, or certificate. The
17coverage shall be as follows:
18         (1) A baseline mammogram for women 35 to 39 years of
19    age.
20         (2) An annual mammogram for women 40 years of age or
21    older.
22         (3) A mammogram at the age and intervals considered
23    medically necessary by the woman's health care provider for
24    women under 40 years of age and having a family history of
25    breast cancer, prior personal history of breast cancer,

 

 

SB3862- 16 -LRB101 20451 BMS 70010 b

1    positive genetic testing, or other risk factors.
2        (4) For an individual or group policy of accident and
3    health insurance or a managed care plan that is amended,
4    delivered, issued, or renewed on or after the effective
5    date of this amendatory Act of the 101st General Assembly,
6    a comprehensive ultrasound screening and MRI of an entire
7    breast or breasts if a mammogram demonstrates
8    heterogeneous or dense breast tissue or when medically
9    necessary as determined by a physician licensed to practice
10    medicine in all of its branches.
11        (5) A screening MRI when medically necessary, as
12    determined by a physician licensed to practice medicine in
13    all of its branches.
14        (6) For an individual or group policy of accident and
15    health insurance or a managed care plan that is amended,
16    delivered, issued, or renewed on or after the effective
17    date of this amendatory Act of the 101st General Assembly,
18    a diagnostic mammogram when medically necessary, as
19    determined by a physician licensed to practice medicine in
20    all its branches, advanced practice registered nurse, or
21    physician assistant.
22    A policy subject to this subsection shall not impose a
23deductible, coinsurance, copayment, or any other cost-sharing
24requirement on the coverage provided; except that this sentence
25does not apply to coverage of diagnostic mammograms to the
26extent such coverage would disqualify a high-deductible health

 

 

SB3862- 17 -LRB101 20451 BMS 70010 b

1plan from eligibility for a health savings account pursuant to
2Section 223 of the Internal Revenue Code (26 U.S.C. 223).
3    For purposes of this Section:
4    "Diagnostic mammogram" means a mammogram obtained using
5diagnostic mammography.
6    "Diagnostic mammography" means a method of screening that
7is designed to evaluate an abnormality in a breast, including
8an abnormality seen or suspected on a screening mammogram or a
9subjective or objective abnormality otherwise detected in the
10breast.
11    "Low-dose mammography" means the x-ray examination of the
12breast using equipment dedicated specifically for mammography,
13including the x-ray tube, filter, compression device, and image
14receptor, with radiation exposure delivery of less than 1 rad
15per breast for 2 views of an average size breast. The term also
16includes digital mammography and includes breast
17tomosynthesis. As used in this Section, the term "breast
18tomosynthesis" means a radiologic procedure that involves the
19acquisition of projection images over the stationary breast to
20produce cross-sectional digital three-dimensional images of
21the breast.
22    If, at any time, the Secretary of the United States
23Department of Health and Human Services, or its successor
24agency, promulgates rules or regulations to be published in the
25Federal Register or publishes a comment in the Federal Register
26or issues an opinion, guidance, or other action that would

 

 

SB3862- 18 -LRB101 20451 BMS 70010 b

1require the State, pursuant to any provision of the Patient
2Protection and Affordable Care Act (Public Law 111-148),
3including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
4successor provision, to defray the cost of any coverage for
5breast tomosynthesis outlined in this subsection, then the
6requirement that an insurer cover breast tomosynthesis is
7inoperative other than any such coverage authorized under
8Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
9the State shall not assume any obligation for the cost of
10coverage for breast tomosynthesis set forth in this subsection.
11    (a-5) Coverage as described by subsection (a) shall be
12provided at no cost to the insured and shall not be applied to
13an annual or lifetime maximum benefit.
14    (a-10) When health care services are available through
15contracted providers and a person does not comply with plan
16provisions specific to the use of contracted providers, the
17requirements of subsection (a-5) are not applicable. When a
18person does not comply with plan provisions specific to the use
19of contracted providers, plan provisions specific to the use of
20non-contracted providers must be applied without distinction
21for coverage required by this Section and shall be at least as
22favorable as for other radiological examinations covered by the
23policy or contract.
24    (b) No policy of accident or health insurance that provides
25for the surgical procedure known as a mastectomy shall be
26issued, amended, delivered, or renewed in this State unless

 

 

SB3862- 19 -LRB101 20451 BMS 70010 b

1that coverage also provides for prosthetic devices or
2reconstructive surgery incident to the mastectomy. Coverage
3for breast reconstruction in connection with a mastectomy shall
4include:
5        (1) reconstruction of the breast upon which the
6    mastectomy has been performed;
7        (2) surgery and reconstruction of the other breast to
8    produce a symmetrical appearance; and
9        (3) prostheses and treatment for physical
10    complications at all stages of mastectomy, including
11    lymphedemas.
12Care shall be determined in consultation with the attending
13physician and the patient. The offered coverage for prosthetic
14devices and reconstructive surgery shall be subject to the
15deductible and coinsurance conditions applied to the
16mastectomy, and all other terms and conditions applicable to
17other benefits. When a mastectomy is performed and there is no
18evidence of malignancy then the offered coverage may be limited
19to the provision of prosthetic devices and reconstructive
20surgery to within 2 years after the date of the mastectomy. As
21used in this Section, "mastectomy" means the removal of all or
22part of the breast for medically necessary reasons, as
23determined by a licensed physician.
24    Written notice of the availability of coverage under this
25Section shall be delivered to the insured upon enrollment and
26annually thereafter. An insurer may not deny to an insured

 

 

SB3862- 20 -LRB101 20451 BMS 70010 b

1eligibility, or continued eligibility, to enroll or to renew
2coverage under the terms of the plan solely for the purpose of
3avoiding the requirements of this Section. An insurer may not
4penalize or reduce or limit the reimbursement of an attending
5provider or provide incentives (monetary or otherwise) to an
6attending provider to induce the provider to provide care to an
7insured in a manner inconsistent with this Section.
8    (c) Rulemaking authority to implement Public Act 95-1045,
9if any, is conditioned on the rules being adopted in accordance
10with all provisions of the Illinois Administrative Procedure
11Act and all rules and procedures of the Joint Committee on
12Administrative Rules; any purported rule not so adopted, for
13whatever reason, is unauthorized.
14(Source: P.A. 100-395, eff. 1-1-18; 101-580, eff. 1-1-20.)
 
15    (215 ILCS 5/356z.4)
16    Sec. 356z.4. Coverage for contraceptives.
17    (a)(1) The General Assembly hereby finds and declares all
18of the following:
19        (A) Illinois has a long history of expanding timely
20    access to birth control to prevent unintended pregnancy.
21        (B) The federal Patient Protection and Affordable Care
22    Act includes a contraceptive coverage guarantee as part of
23    a broader requirement for health insurance to cover key
24    preventive care services without out-of-pocket costs for
25    patients.

 

 

SB3862- 21 -LRB101 20451 BMS 70010 b

1        (C) The General Assembly intends to build on existing
2    State and federal law to promote gender equity and women's
3    health and to ensure greater contraceptive coverage equity
4    and timely access to all federal Food and Drug
5    Administration approved methods of birth control for all
6    individuals covered by an individual or group health
7    insurance policy in Illinois.
8        (D) Medical management techniques such as denials,
9    step therapy, or prior authorization in public and private
10    health care coverage can impede access to the most
11    effective contraceptive methods.
12    (2) As used in this subsection (a):
13    "Contraceptive services" includes consultations,
14examinations, procedures, and medical services related to the
15use of contraceptive methods (including natural family
16planning) to prevent an unintended pregnancy.
17    "Medical necessity", for the purposes of this subsection
18(a), includes, but is not limited to, considerations such as
19severity of side effects, differences in permanence and
20reversibility of contraceptive, and ability to adhere to the
21appropriate use of the item or service, as determined by the
22attending provider.
23    "Therapeutic equivalent version" means drugs, devices, or
24products that can be expected to have the same clinical effect
25and safety profile when administered to patients under the
26conditions specified in the labeling and satisfy the following

 

 

SB3862- 22 -LRB101 20451 BMS 70010 b

1general criteria:
2        (i) they are approved as safe and effective;
3        (ii) they are pharmaceutical equivalents in that they
4    (A) contain identical amounts of the same active drug
5    ingredient in the same dosage form and route of
6    administration and (B) meet compendial or other applicable
7    standards of strength, quality, purity, and identity;
8        (iii) they are bioequivalent in that (A) they do not
9    present a known or potential bioequivalence problem and
10    they meet an acceptable in vitro standard or (B) if they do
11    present such a known or potential problem, they are shown
12    to meet an appropriate bioequivalence standard;
13        (iv) they are adequately labeled; and
14        (v) they are manufactured in compliance with Current
15    Good Manufacturing Practice regulations.
16    (3) An individual or group policy of accident and health
17insurance amended, delivered, issued, or renewed in this State
18after the effective date of this amendatory Act of the 99th
19General Assembly shall provide coverage for all of the
20following services and contraceptive methods:
21        (A) All contraceptive drugs, devices, and other
22    products approved by the United States Food and Drug
23    Administration. This includes all over-the-counter
24    contraceptive drugs, devices, and products approved by the
25    United States Food and Drug Administration, excluding male
26    condoms. The following apply:

 

 

SB3862- 23 -LRB101 20451 BMS 70010 b

1            (i) If the United States Food and Drug
2        Administration has approved one or more therapeutic
3        equivalent versions of a contraceptive drug, device,
4        or product, a policy is not required to include all
5        such therapeutic equivalent versions in its formulary,
6        so long as at least one is included and covered without
7        cost-sharing and in accordance with this Section.
8            (ii) If an individual's attending provider
9        recommends a particular service or item approved by the
10        United States Food and Drug Administration based on a
11        determination of medical necessity with respect to
12        that individual, the plan or issuer must cover that
13        service or item without cost sharing. The plan or
14        issuer must defer to the determination of the attending
15        provider.
16            (iii) If a drug, device, or product is not covered,
17        plans and issuers must have an easily accessible,
18        transparent, and sufficiently expedient process that
19        is not unduly burdensome on the individual or a
20        provider or other individual acting as a patient's
21        authorized representative to ensure coverage without
22        cost sharing.
23            (iv) This coverage must provide for the dispensing
24        of 12 months' worth of contraception at one time.
25        (B) Voluntary sterilization procedures.
26        (C) Contraceptive services, patient education, and

 

 

SB3862- 24 -LRB101 20451 BMS 70010 b

1    counseling on contraception.
2        (D) Follow-up services related to the drugs, devices,
3    products, and procedures covered under this Section,
4    including, but not limited to, management of side effects,
5    counseling for continued adherence, and device insertion
6    and removal.
7    (4) Except as otherwise provided in this subsection (a), a
8policy subject to this subsection (a) shall not impose a
9deductible, coinsurance, copayment, or any other cost-sharing
10requirement on the coverage provided. The provisions of this
11paragraph do not apply to coverage of voluntary male
12sterilization procedures to the extent such coverage would
13disqualify a high-deductible health plan from eligibility for a
14health savings account pursuant to the federal Internal Revenue
15Code, 26 U.S.C. 223.
16    (5) Except as otherwise authorized under this subsection
17(a), a policy shall not impose any restrictions or delays on
18the coverage required under this subsection (a).
19    (6) If, at any time, the Secretary of the United States
20Department of Health and Human Services, or its successor
21agency, promulgates rules or regulations to be published in the
22Federal Register or publishes a comment in the Federal Register
23or issues an opinion, guidance, or other action that would
24require the State, pursuant to any provision of the Patient
25Protection and Affordable Care Act (Public Law 111-148),
26including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any

 

 

SB3862- 25 -LRB101 20451 BMS 70010 b

1successor provision, to defray the cost of any coverage
2outlined in this subsection (a), then this subsection (a) is
3inoperative with respect to all coverage outlined in this
4subsection (a) other than that authorized under Section 1902 of
5the Social Security Act, 42 U.S.C. 1396a, and the State shall
6not assume any obligation for the cost of the coverage set
7forth in this subsection (a).
8    (b) This subsection (b) shall become operative if and only
9if subsection (a) becomes inoperative.
10    An individual or group policy of accident and health
11insurance amended, delivered, issued, or renewed in this State
12after the date this subsection (b) becomes operative that
13provides coverage for outpatient services and outpatient
14prescription drugs or devices must provide coverage for the
15insured and any dependent of the insured covered by the policy
16for all outpatient contraceptive services and all outpatient
17contraceptive drugs and devices approved by the Food and Drug
18Administration. Coverage required under this Section may not
19impose any deductible, coinsurance, waiting period, or other
20cost-sharing or limitation that is greater than that required
21for any outpatient service or outpatient prescription drug or
22device otherwise covered by the policy.
23    Nothing in this subsection (b) shall be construed to
24require an insurance company to cover services related to
25permanent sterilization that requires a surgical procedure.
26    As used in this subsection (b), "outpatient contraceptive

 

 

SB3862- 26 -LRB101 20451 BMS 70010 b

1service" means consultations, examinations, procedures, and
2medical services, provided on an outpatient basis and related
3to the use of contraceptive methods (including natural family
4planning) to prevent an unintended pregnancy.
5    (c) (Blank).
6    (d) If a plan or issuer utilizes a network of providers,
7nothing in this Section shall be construed to require coverage
8or to prohibit the plan or issuer from imposing cost-sharing
9for items or services described in this Section that are
10provided or delivered by an out-of-network provider, unless the
11plan or issuer does not have in its network a provider who is
12able to or is willing to provide the applicable items or
13services.
14(Source: P.A. 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19.)
 
15    (215 ILCS 5/356z.37)
16    Sec. 356z.37 356z.33. Whole body skin examination. An
17individual or group policy of accident and health insurance
18shall cover, without imposing a deductible, coinsurance,
19copayment, or any other cost-sharing requirement upon the
20insured patient, one annual office visit, using appropriate
21routine evaluation and management Current Procedural
22Terminology codes or any successor codes, for a whole body skin
23examination for lesions suspicious for skin cancer. The whole
24body skin examination shall be indicated using an appropriate
25International Statistical Classification of Diseases and

 

 

SB3862- 27 -LRB101 20451 BMS 70010 b

1Related Health Problems code or any successor codes. The
2provisions of this Section do not apply to the extent such
3coverage would disqualify a high-deductible health plan from
4eligibility for a health savings account pursuant to 26 U.S.C.
5223.
6(Source: P.A. 101-500, eff. 1-1-20; revised 10-16-19.)
 
7    Section 10. The Health Maintenance Organization Act is
8amended by changing Sections 4-6.1 and 5-3 as follows:
 
9    (215 ILCS 125/4-6.1)  (from Ch. 111 1/2, par. 1408.7)
10    Sec. 4-6.1. Mammograms; mastectomies.
11    (a) Every contract or evidence of coverage issued by a
12Health Maintenance Organization for persons who are residents
13of this State shall contain coverage for screening by low-dose
14mammography for all women 35 years of age or older for the
15presence of occult breast cancer. The coverage shall be as
16follows:
17        (1) A baseline mammogram for women 35 to 39 years of
18    age.
19        (2) An annual mammogram for women 40 years of age or
20    older.
21        (3) A mammogram at the age and intervals considered
22    medically necessary by the woman's health care provider for
23    women under 40 years of age and having a family history of
24    breast cancer, prior personal history of breast cancer,

 

 

SB3862- 28 -LRB101 20451 BMS 70010 b

1    positive genetic testing, or other risk factors.
2        (4) For an individual or group policy of accident and
3    health insurance or a managed care plan that is amended,
4    delivered, issued, or renewed on or after the effective
5    date of this amendatory Act of the 101st General Assembly,
6    a comprehensive ultrasound screening and MRI of an entire
7    breast or breasts if a mammogram demonstrates
8    heterogeneous or dense breast tissue or when medically
9    necessary as determined by a physician licensed to practice
10    medicine in all of its branches.
11        (5) For an individual or group policy of accident and
12    health insurance or a managed care plan that is amended,
13    delivered, issued, or renewed on or after the effective
14    date of this amendatory Act of the 101st General Assembly,
15    a diagnostic mammogram when medically necessary, as
16    determined by a physician licensed to practice medicine in
17    all its branches, advanced practice registered nurse, or
18    physician assistant.
19    A policy subject to this subsection shall not impose a
20deductible, coinsurance, copayment, or any other cost-sharing
21requirement on the coverage provided; except that this sentence
22does not apply to coverage of diagnostic mammograms to the
23extent such coverage would disqualify a high-deductible health
24plan from eligibility for a health savings account pursuant to
25Section 223 of the Internal Revenue Code (26 U.S.C. 223).
26    For purposes of this Section:

 

 

SB3862- 29 -LRB101 20451 BMS 70010 b

1    "Diagnostic mammogram" means a mammogram obtained using
2diagnostic mammography.
3    "Diagnostic mammography" means a method of screening that
4is designed to evaluate an abnormality in a breast, including
5an abnormality seen or suspected on a screening mammogram or a
6subjective or objective abnormality otherwise detected in the
7breast.
8    "Low-dose mammography" means the x-ray examination of the
9breast using equipment dedicated specifically for mammography,
10including the x-ray tube, filter, compression device, and image
11receptor, with radiation exposure delivery of less than 1 rad
12per breast for 2 views of an average size breast. The term also
13includes digital mammography and includes breast
14tomosynthesis.
15    "Breast tomosynthesis" means a radiologic procedure that
16involves the acquisition of projection images over the
17stationary breast to produce cross-sectional digital
18three-dimensional images of the breast.
19    If, at any time, the Secretary of the United States
20Department of Health and Human Services, or its successor
21agency, promulgates rules or regulations to be published in the
22Federal Register or publishes a comment in the Federal Register
23or issues an opinion, guidance, or other action that would
24require the State, pursuant to any provision of the Patient
25Protection and Affordable Care Act (Public Law 111-148),
26including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any

 

 

SB3862- 30 -LRB101 20451 BMS 70010 b

1successor provision, to defray the cost of any coverage for
2breast tomosynthesis outlined in this subsection, then the
3requirement that an insurer cover breast tomosynthesis is
4inoperative other than any such coverage authorized under
5Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
6the State shall not assume any obligation for the cost of
7coverage for breast tomosynthesis set forth in this subsection.
8    (a-5) Coverage as described in subsection (a) shall be
9provided at no cost to the enrollee and shall not be applied to
10an annual or lifetime maximum benefit.
11    (b) No contract or evidence of coverage issued by a health
12maintenance organization that provides for the surgical
13procedure known as a mastectomy shall be issued, amended,
14delivered, or renewed in this State on or after the effective
15date of this amendatory Act of the 92nd General Assembly unless
16that coverage also provides for prosthetic devices or
17reconstructive surgery incident to the mastectomy, providing
18that the mastectomy is performed after the effective date of
19this amendatory Act. Coverage for breast reconstruction in
20connection with a mastectomy shall include:
21        (1) reconstruction of the breast upon which the
22    mastectomy has been performed;
23        (2) surgery and reconstruction of the other breast to
24    produce a symmetrical appearance; and
25        (3) prostheses and treatment for physical
26    complications at all stages of mastectomy, including

 

 

SB3862- 31 -LRB101 20451 BMS 70010 b

1    lymphedemas.
2Care shall be determined in consultation with the attending
3physician and the patient. The offered coverage for prosthetic
4devices and reconstructive surgery shall be subject to the
5deductible and coinsurance conditions applied to the
6mastectomy and all other terms and conditions applicable to
7other benefits. When a mastectomy is performed and there is no
8evidence of malignancy, then the offered coverage may be
9limited to the provision of prosthetic devices and
10reconstructive surgery to within 2 years after the date of the
11mastectomy. As used in this Section, "mastectomy" means the
12removal of all or part of the breast for medically necessary
13reasons, as determined by a licensed physician.
14    Written notice of the availability of coverage under this
15Section shall be delivered to the enrollee upon enrollment and
16annually thereafter. A health maintenance organization may not
17deny to an enrollee eligibility, or continued eligibility, to
18enroll or to renew coverage under the terms of the plan solely
19for the purpose of avoiding the requirements of this Section. A
20health maintenance organization may not penalize or reduce or
21limit the reimbursement of an attending provider or provide
22incentives (monetary or otherwise) to an attending provider to
23induce the provider to provide care to an insured in a manner
24inconsistent with this Section.
25    (c) Rulemaking authority to implement this amendatory Act
26of the 95th General Assembly, if any, is conditioned on the

 

 

SB3862- 32 -LRB101 20451 BMS 70010 b

1rules being adopted in accordance with all provisions of the
2Illinois Administrative Procedure Act and all rules and
3procedures of the Joint Committee on Administrative Rules; any
4purported rule not so adopted, for whatever reason, is
5unauthorized.
6(Source: P.A. 100-395, eff. 1-1-18; 101-580, eff. 1-1-20.)
 
7    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)
8    Sec. 5-3. Insurance Code provisions.
9    (a) Health Maintenance Organizations shall be subject to
10the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
11141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
12154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,
13355.5, 355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2,
14356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10,
15356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18,
16356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30,
17356z.30a, 356z.32, 356z.33, 356z.35, 356z.36, 364, 364.01,
18367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, 368e, 370c,
19370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444,
20and 444.1, paragraph (c) of subsection (2) of Section 367, and
21Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV,
22XXVI, and XXXIIB of the Illinois Insurance Code.
23    (b) For purposes of the Illinois Insurance Code, except for
24Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
25Maintenance Organizations in the following categories are

 

 

SB3862- 33 -LRB101 20451 BMS 70010 b

1deemed to be "domestic companies":
2        (1) a corporation authorized under the Dental Service
3    Plan Act or the Voluntary Health Services Plans Act;
4        (2) a corporation organized under the laws of this
5    State; or
6        (3) a corporation organized under the laws of another
7    state, 30% or more of the enrollees of which are residents
8    of this State, except a corporation subject to
9    substantially the same requirements in its state of
10    organization as is a "domestic company" under Article VIII
11    1/2 of the Illinois Insurance Code.
12    (c) In considering the merger, consolidation, or other
13acquisition of control of a Health Maintenance Organization
14pursuant to Article VIII 1/2 of the Illinois Insurance Code,
15        (1) the Director shall give primary consideration to
16    the continuation of benefits to enrollees and the financial
17    conditions of the acquired Health Maintenance Organization
18    after the merger, consolidation, or other acquisition of
19    control takes effect;
20        (2)(i) the criteria specified in subsection (1)(b) of
21    Section 131.8 of the Illinois Insurance Code shall not
22    apply and (ii) the Director, in making his determination
23    with respect to the merger, consolidation, or other
24    acquisition of control, need not take into account the
25    effect on competition of the merger, consolidation, or
26    other acquisition of control;

 

 

SB3862- 34 -LRB101 20451 BMS 70010 b

1        (3) the Director shall have the power to require the
2    following information:
3            (A) certification by an independent actuary of the
4        adequacy of the reserves of the Health Maintenance
5        Organization sought to be acquired;
6            (B) pro forma financial statements reflecting the
7        combined balance sheets of the acquiring company and
8        the Health Maintenance Organization sought to be
9        acquired as of the end of the preceding year and as of
10        a date 90 days prior to the acquisition, as well as pro
11        forma financial statements reflecting projected
12        combined operation for a period of 2 years;
13            (C) a pro forma business plan detailing an
14        acquiring party's plans with respect to the operation
15        of the Health Maintenance Organization sought to be
16        acquired for a period of not less than 3 years; and
17            (D) such other information as the Director shall
18        require.
19    (d) The provisions of Article VIII 1/2 of the Illinois
20Insurance Code and this Section 5-3 shall apply to the sale by
21any health maintenance organization of greater than 10% of its
22enrollee population (including without limitation the health
23maintenance organization's right, title, and interest in and to
24its health care certificates).
25    (e) In considering any management contract or service
26agreement subject to Section 141.1 of the Illinois Insurance

 

 

SB3862- 35 -LRB101 20451 BMS 70010 b

1Code, the Director (i) shall, in addition to the criteria
2specified in Section 141.2 of the Illinois Insurance Code, take
3into account the effect of the management contract or service
4agreement on the continuation of benefits to enrollees and the
5financial condition of the health maintenance organization to
6be managed or serviced, and (ii) need not take into account the
7effect of the management contract or service agreement on
8competition.
9    (f) Except for small employer groups as defined in the
10Small Employer Rating, Renewability and Portability Health
11Insurance Act and except for medicare supplement policies as
12defined in Section 363 of the Illinois Insurance Code, a Health
13Maintenance Organization may by contract agree with a group or
14other enrollment unit to effect refunds or charge additional
15premiums under the following terms and conditions:
16        (i) the amount of, and other terms and conditions with
17    respect to, the refund or additional premium are set forth
18    in the group or enrollment unit contract agreed in advance
19    of the period for which a refund is to be paid or
20    additional premium is to be charged (which period shall not
21    be less than one year); and
22        (ii) the amount of the refund or additional premium
23    shall not exceed 20% of the Health Maintenance
24    Organization's profitable or unprofitable experience with
25    respect to the group or other enrollment unit for the
26    period (and, for purposes of a refund or additional

 

 

SB3862- 36 -LRB101 20451 BMS 70010 b

1    premium, the profitable or unprofitable experience shall
2    be calculated taking into account a pro rata share of the
3    Health Maintenance Organization's administrative and
4    marketing expenses, but shall not include any refund to be
5    made or additional premium to be paid pursuant to this
6    subsection (f)). The Health Maintenance Organization and
7    the group or enrollment unit may agree that the profitable
8    or unprofitable experience may be calculated taking into
9    account the refund period and the immediately preceding 2
10    plan years.
11    The Health Maintenance Organization shall include a
12statement in the evidence of coverage issued to each enrollee
13describing the possibility of a refund or additional premium,
14and upon request of any group or enrollment unit, provide to
15the group or enrollment unit a description of the method used
16to calculate (1) the Health Maintenance Organization's
17profitable experience with respect to the group or enrollment
18unit and the resulting refund to the group or enrollment unit
19or (2) the Health Maintenance Organization's unprofitable
20experience with respect to the group or enrollment unit and the
21resulting additional premium to be paid by the group or
22enrollment unit.
23    In no event shall the Illinois Health Maintenance
24Organization Guaranty Association be liable to pay any
25contractual obligation of an insolvent organization to pay any
26refund authorized under this Section.

 

 

SB3862- 37 -LRB101 20451 BMS 70010 b

1    (g) Rulemaking authority to implement Public Act 95-1045,
2if any, is conditioned on the rules being adopted in accordance
3with all provisions of the Illinois Administrative Procedure
4Act and all rules and procedures of the Joint Committee on
5Administrative Rules; any purported rule not so adopted, for
6whatever reason, is unauthorized.
7(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
8100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.
91-1-19; 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19; 101-81,
10eff. 7-12-19; 101-281, eff. 1-1-20; 101-371, eff. 1-1-20;
11101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
121-1-20; revised 10-16-19.)
 
13    Section 15. The Voluntary Health Services Plans Act is
14amended by changing Section 10 as follows:
 
15    (215 ILCS 165/10)  (from Ch. 32, par. 604)
16    Sec. 10. Application of Insurance Code provisions. Health
17services plan corporations and all persons interested therein
18or dealing therewith shall be subject to the provisions of
19Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
20143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355.5,
21355b, 356g, 356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w,
22356x, 356y, 356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6,
23356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14,
24356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26,

 

 

SB3862- 38 -LRB101 20451 BMS 70010 b

1356z.29, 356z.30, 356z.30a, 356z.32, 356z.33, 364.01, 367.2,
2368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and
3paragraphs (7) and (15) of Section 367 of the Illinois
4Insurance Code.
5    Rulemaking authority to implement Public Act 95-1045, if
6any, is conditioned on the rules being adopted in accordance
7with all provisions of the Illinois Administrative Procedure
8Act and all rules and procedures of the Joint Committee on
9Administrative Rules; any purported rule not so adopted, for
10whatever reason, is unauthorized.
11(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
12100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.
131-1-19; 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19; 101-81,
14eff. 7-12-19; 101-281, eff. 1-1-20; 101-393, eff. 1-1-20;
15revised 10-16-19.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.