093_HB3661

 
                                     LRB093 09245 JLS 09478 b

 1        AN ACT concerning insurance.

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

 4        Section 5.  The Illinois Insurance  Code  is  amended  by
 5    changing  Sections 367.2 and 367e, and adding Section 367.2-5
 6    as follows:

 7        (215 ILCS 5/367.2) (from Ch. 73, par. 979.2)
 8        Sec. 367.2.  Continuation privilege; group contracts.
 9        A.  No policy of group accident or health insurance,  nor
10    any   certificate thereunder shall be delivered or issued for
11    delivery in this State after December  1,  1985,  unless  the
12    policy  provides for a continuation of the existing insurance
13    benefits for an employee's spouse and dependent children  who
14    are  insured  under  the  provisions  of that group policy or
15    certificate thereunder, notwithstanding that the marriage  is
16    dissolved  by  judgment  or  terminated  by  the death of the
17    employee  spouse  or,  after  the  effective  date  of   this
18    amendatory   Act   of   the   93rd   General  Assembly  1991,
19    notwithstanding  the  retirement  of  the  employee  who  has
20    attained age 65 spouse provided that the employee's spouse is
21    at least 55 years of age, in  each  case  without  any  other
22    eligibility  requirements.  The provisions of this amendatory
23    Act of the 93rd General Assembly 1991 apply  to  every  group
24    policy  of accident or health insurance and every certificate
25    issued thereunder delivered or issued for delivery after  the
26    effective  date  of  this  amendatory Act of the 93rd General
27    Assembly 1991.
28        B.  Within 30 days of the entry of judgment or the  death
29    or  retirement  of  the  employee  spouse,  the  spouse of an
30    employee insured under the policy who seeks a continuation of
31    coverage thereunder  shall  give  the  employer  or  and  the
 
                            -2-      LRB093 09245 JLS 09478 b
 1    insurer  written notice of the dissolution of the marriage or
 2    the  death  or  retirement  of  the  employee  spouse.    The
 3    employer,  within 15 days of receipt of the notice shall give
 4    written notice of the dissolution of the employee's  marriage
 5    or  the  death  or retirement of the employee and that former
 6    spouse's or retired employee's  spouse's  residence,  to  the
 7    insurance  company issuing the policy., of the dissolution of
 8    the employee's marriage or the death  or  retirement  of  the
 9    employee spouse and the former or retired employee's spouse's
10    residence.
11        The  employer shall immediately send a copy of the notice
12    to the former spouse of the employee or  the  spouse  of  the
13    retired employee at the retired employee's spouse's residence
14    or  at  the  former spouse's residence.  For purposes of this
15    Act, the term "former spouse" includes "widow" or "widower".
16        C.  Within 30 days after the date of receipt of a  notice
17    from the employer, retired employee's spouse or former spouse
18    or  of  the  initiation  of a new group policy, the insurance
19    company, by certified mail, return receipt  requested,  shall
20    notify  the retired employee's spouse or former spouse at his
21    or her residence that the policy may be continued for  as  to
22    that  retired  employee's spouse or former spouse and covered
23    dependents, and the notice shall include:
24             (i)  a form for election to continue  the  insurance
25        coverage;
26             (ii)  the  amount of periodic premiums to be charged
27        for continuation coverage and the  method  and  place  of
28        payment; and
29             (iii)  instructions  for returning the election form
30        by certified mail, return receipt  requested,  within  30
31        days  after  the  date it is received from of the mailing
32        receipt of the instruction by the insurance company.
33        Failure of the retired employee's spouse or former spouse
34    to exercise the election to continue  insurance  coverage  by
 
                            -3-      LRB093 09245 JLS 09478 b
 1    notifying the insurance company in writing by certified mail,
 2    return  receipt  requested,  within  such 30 day period shall
 3    terminate the continuation  of  benefits  and  the  right  to
 4    continuation.
 5        If  the  insurance  company  fails  to notify the retired
 6    employee's  spouse  or  former  spouse  as  provided  for  in
 7    subsection C hereof, all premiums shall be  waived  from  the
 8    date  the  notice  was required until notice is sent, and the
 9    benefits shall continue under the terms and provisions of the
10    policy, from the date  the  notice  was  required  until  the
11    notice  is  sent, notwithstanding any other provision hereof,
12    except where the  benefits  in  existence  at  the  time  the
13    company's  notice was to be sent pursuant to subsection C are
14    terminated as to all employees.
15        D.  With respect to a former spouse who has not  attained
16    the  age  of  55  at  the  time  continuation coverage begins
17    hereunder, the monthly  premium  for  continuation  shall  be
18    computed as follows:
19             (i)  an  amount,  if  any,  that would be charged an
20        employee if the former spouse were a current employee  of
21        the employer, plus;
22             (ii)  an  amount,  if  any,  that the employer would
23        contribute toward the premium if the former spouse were a
24        current employee.
25        Failure to pay the initial monthly premium within 30 days
26    after the date of receipt of notice required in subsection  C
27    of  this Section terminates the continuation benefits and the
28    right to continuation benefits.
29        The continuation coverage for right granted hereunder  to
30    former  spouses  who  have  not attained the age of 55 at the
31    time coverage  begins  hereunder  shall  terminate  upon  the
32    earliest to happen of the following:
33             (i)  The failure to pay premiums when due, including
34        any grace period allowed by the policy; or
 
                            -4-      LRB093 09245 JLS 09478 b
 1             (ii)  When  coverage would terminate under the terms
 2        of the existing policy if the employee and former  spouse
 3        were  still  married to each other; however, the existing
 4        coverage shall not be modified or terminated  during  the
 5        first  120  consecutive  days  subsequent to the employee
 6        spouse's death or to the entry of the judgment dissolving
 7        the marriage existing between the employee and the former
 8        spouse unless the master policy in existence at the  time
 9        is modified or terminated as to all employees; or
10             (iii)  the  date  on  which  the former spouse first
11        becomes, after the date of election, an insured  employee
12        under any other group health plan; or
13             (iv)  the date on which the former spouse remarries;
14        or
15             (v)  the   expiration  of  2  years  from  the  date
16        continuation coverage began hereunder.
17        Upon the termination of continuation coverage  hereunder,
18    the  former  spouse shall be entitled to convert the coverage
19    to an individual policy.
20        The continuation rights granted  to  former  spouses  who
21    have   not  attained  age  55  shall  also  include  eligible
22    dependents insured prior to the dissolution  of  marriage  or
23    the death of the employee.
24        E.  With respect to a retired employee's spouse or former
25    spouse   who   has  attained  the  age  of  55  at  the  time
26    continuation coverage begins hereunder, the  monthly  premium
27    for the continuation shall be computed as follows:
28             (i)  an  amount,  if  any,  that would be charged an
29        employee if  the  retired  employee's  spouse  or  former
30        spouse were a current employee of the employer, plus;
31             (ii)  an  amount,  if  any,  that the employer would
32        contribute toward the premium if the  retired  employee's
33        spouse or former spouse were a current employee.
34        Beginning  2  years  after  coverage  begins  under  this
 
                            -5-      LRB093 09245 JLS 09478 b
 1    paragraph, the monthly premium shall be computed as follows:
 2             (i)  an  amount,  if  any,  that would be charged an
 3        employee if  the  retired  employee's  spouse  or  former
 4        spouse were a current employee of the employer, plus;
 5             (ii)  an  amount,  if  any,  that the employer would
 6        contribute toward the premium if the  retired  employee's
 7        spouse or former spouse were a current employee.
 8             (iii)  an  additional  amount,  not to exceed 20% of
 9        (i) and (ii) above, for costs of administration.
10        Failure to pay the initial monthly premium within 30 days
11    after  the  date  of  receipt  of  the  notice  required   in
12    subsection  C  of  this  Section  terminates the continuation
13    benefits and the right to continuation benefits.
14        The continuation coverage for right  granted  to  retired
15    employees'  spouses  and former spouses who have attained the
16    age of  55  at  the  time  coverage  begins  hereunder  shall
17    terminate upon the earliest to happen of the following:
18             (i)  The failure to pay premiums when due, including
19        any grace period allowed by the policy; or
20             (ii)  When  coverage  would terminate, except due to
21        the retirement of an employee, under  the  terms  of  the
22        existing  policy  if  the employee and former spouse were
23        still  married  to  each  other;  however,  the  existing
24        coverage shall not be modified or terminated  during  the
25        first  120  consecutive  days  subsequent to the employee
26        spouse's death or retirement to the entry of the judgment
27        dissolving the marriage existing between the employee and
28        the former spouse unless the master policy  in  existence
29        at   the  time  is  modified  or  terminated  as  to  all
30        employees; or
31             (iii)  the date  on  which  the  retired  employee's
32        spouse  or former spouse first becomes, after the date of
33        election, an  insured  employee  under  any  other  group
34        health plan; or
 
                            -6-      LRB093 09245 JLS 09478 b
 1             (iv)  the date on which the former spouse remarries;
 2        or
 3             (v)  the date that person reaches the qualifying age
 4        or  otherwise  establishes eligibility under the Medicare
 5        Program pursuant to Title XVIII  of  the  federal  Social
 6        Security Act.
 7        Upon  the termination of continuation coverage hereunder,
 8    the former spouse shall be entitled to convert  the  coverage
 9    to an individual policy.
10        The  continuation  rights  granted  to former spouses who
11    have attained age 55 shall also include  eligible  dependents
12    insured  prior  to  the dissolution of marriage, the death of
13    the employee, or the retirement of the employee.
14        F.  The renewal, amendment, or  extension  of  any  group
15    policy  affected  by  this  Section  shall  be  deemed  to be
16    delivery or issuance for delivery of a new policy or contract
17    of insurance in this State.
18        G.  If (i) the policy is  canceled  cancelled,  and  (ii)
19    another  insurance  company contracts to provide group health
20    and  accident  insurance   to   the   employer,   and   (iii)
21    continuation coverage is in effect for the retired employee's
22    spouse  or former spouse at the time of cancellation and (iv)
23    the employee is or would have been  included  under  the  new
24    group   policy,   then   the  new  insurer  must  also  offer
25    continuation coverage to the retired employee's spouse and to
26    an  employee's  former  spouse  under  the  same  terms   and
27    conditions as contained in this Section.
28        H.  This Section shall not limit the right of the retired
29    employee's  spouse  or  any  former  spouse  to  exercise the
30    privilege to convert to an individual policy as contained  in
31    this Code.
32        I.  No  person  who  obtains  coverage under this Section
33    shall be required to pay a rate greater than that  applicable
34    to  any employee or member covered under that group except as
 
                            -7-      LRB093 09245 JLS 09478 b
 1    provided  in  clause  (iii)  of  the  second   paragraph   of
 2    subsection E.
 3    (Source: P.A. 87-615.)

 4        (215 ILCS 5/367.2-5 new)
 5        Sec.  367.2-5.  Dependent  child  continuation privilege;
 6    group contracts.
 7        (a)  No policy of group accident or health insurance, nor
 8    any  certificate  thereunder  shall  be   amended,   renewed,
 9    delivered, or issued for delivery in this State after July 1,
10    2004,  unless  the  policy provides for a continuation of the
11    existing insurance benefits for an employee's dependent child
12    who is insured under the provisions of that group  policy  or
13    certificate in the event of the death of the employee and the
14    child  is  not eligible for coverage as a dependent under the
15    provisions of  Section  367.2  or  the  dependent  child  has
16    attained the limiting age under the policy.
17        (b)  In  the  event  of  the  death  of  the employee, if
18    continuation coverage is desired, the dependent  child  or  a
19    responsible  adult  acting  on  behalf of the dependent child
20    shall give the employer or the insurer written notice of  the
21    death  of  employee  within  30 days of the date the coverage
22    terminates. The employer, within 15 days of  receipt  of  the
23    notice,  shall  give  written notice to the insurance company
24    issuing the policy of the  death  of  the  employee  and  the
25    dependent  child's  residence. The employer shall immediately
26    send  a  copy  of  the  notice  to  the  dependent  child  or
27    responsible adult at the dependent child's residence.
28        (c)  In the event of the dependent  child  attaining  the
29    limiting  age  under  the policy, if continuation coverage is
30    desired, the dependent child shall give the employer  or  the
31    insurer  written notice of the attainment of the limiting age
32    within 30 days of  the  date  the  coverage  terminates.  The
33    employer, within 15 days of receipt of the notice, shall give
 
                            -8-      LRB093 09245 JLS 09478 b
 1    written notice to the insurance company issuing the policy of
 2    the attainment of the limiting age by the dependent child and
 3    of the dependent child's residence.
 4        (d)  Within 30 days after the date of receipt of a notice
 5    from  the  employer,  dependent  child,  or responsible adult
 6    acting on behalf of the dependent child, or of the initiation
 7    of a new group policy, the insurance  company,  by  certified
 8    mail,  return  receipt  requested, shall notify the dependent
 9    child or responsible adult at the dependent child's residence
10    that the policy may be continued  for  the  dependent  child.
11    The notice shall include:
12             (1)  a  form  for election to continue the insurance
13        coverage;
14             (2)  the amount of periodic premiums to  be  charged
15        for  continuation  coverage  and  the method and place of
16        payment; and
17             (3)  instructions for returning  the  election  form
18        within  30  days  after  the date it is received from the
19        insurance company.
20        Failure of the dependent child or the  responsible  adult
21    acting  on  behalf  of  the  dependent  child to exercise the
22    election to continue  insurance  coverage  by  notifying  the
23    insurance  company in writing within such 30 day period shall
24    terminate the continuation  of  benefits  and  the  right  to
25    continuation.
26        If  the  insurance  company fails to notify the dependent
27    child or responsible adult acting on behalf of the  dependent
28    child  as  provided  for in this subsection (d), all premiums
29    shall be waived from the date the notice was  required  until
30    notice  was  sent,  and the benefits shall continue under the
31    terms and provisions of the policy, from the date the  notice
32    was  required  until the notice was sent, notwithstanding any
33    other  provision  hereof,  except  where  the   benefits   in
34    existence  at  the  time  the company's notice was to be sent
 
                            -9-      LRB093 09245 JLS 09478 b
 1    pursuant to this subsection (d)  are  terminated  as  to  all
 2    employees.
 3        (e)  The   monthly  premium  for  continuation  shall  be
 4    computed as follows:
 5             (1)  an amount, if any, that  would  be  charged  an
 6        employee  if  the dependent child were a current employee
 7        of the employer, plus;
 8             (2)  an amount, if  any,  that  the  employer  would
 9        contribute toward the premium if the dependent child were
10        a current employee.
11        Failure to pay the initial monthly premium within 30 days
12    after  the  date  of receipt of notice required in subsection
13    (d) of this Section terminates the continuation benefits  and
14    the right to continuation benefits.
15        Continuation  coverage  provided  under  this  Act  shall
16    terminate upon the earliest to happen of the following:
17             (1)  the failure to pay premiums when due, including
18        any grace period allowed by the policy;
19             (2)  when  coverage  would terminate under the terms
20        of the existing policy if the dependent child  was  still
21        an eligible dependent of the employee;
22             (3)  the  date  on  which  the dependent child first
23        becomes, after the date of election, an insured  employee
24        under any other group health plan; or
25             (4)  the   expiration  of  2  years  from  the  date
26        continuation coverage began.
27        Upon  the  termination  of  continuation  coverage,   the
28    dependent  child shall be entitled to convert the coverage to
29    an individual policy.
30        (f)  The renewal, amendment, or extension  of  any  group
31    policy  affected  by  this  Section  shall  be  deemed  to be
32    delivery or issuance for delivery of a new policy or contract
33    of insurance in this State.
34        (g)  If (1) the policy  is  cancelled,  and  (2)  another
 
                            -10-     LRB093 09245 JLS 09478 b
 1    insurance  company  contracts  to  provide  group  health and
 2    accident insurance to  the  employer,  and  (3)  continuation
 3    coverage  is in effect for the dependent child at the time of
 4    cancellation, and (4) the employee  is  or  would  have  been
 5    included  under  the  new  group policy, then the new insurer
 6    must also offer continuation coverage to the dependent  child
 7    under  the  same  terms  and  conditions as contained in this
 8    Section.
 9        (h)  This Section  shall  not  limit  the  right  of  any
10    dependent  child  to  exercise the privilege to convert to an
11    individual policy as contained in this Code.
12        (i)  No person who obtains coverage  under  this  Section
13    shall  be required to pay a rate greater than that applicable
14    to any employee or member covered under that group.

15        (215 ILCS 5/367e) (from Ch. 73, par. 979e)
16        Sec. 367e.  Continuation of Group Hospital, Surgical  and
17    Major  Medical  Coverage  After  Termination of Employment or
18    Membership.
19        A group policy delivered, issued for delivery, renewed or
20    amended in this state which insures employees or members  for
21    hospital,  surgical  or major medical insurance on an expense
22    incurred or service basis, other than for  specific  diseases
23    or for accidental injuries only, shall provide that employees
24    or  members  whose  insurance  under  the  group policy would
25    otherwise terminate because of termination of  employment  or
26    membership  or  because  of  a  reduction  in hours below the
27    minimum required by the  group  plan  shall  be  entitled  to
28    continue their hospital, surgical and major medical insurance
29    under  that  group  policy, for themselves and their eligible
30    dependents, subject to all of the group  policy's  terms  and
31    conditions  applicable to those forms of insurance and to the
32    following conditions:
33        1.  Continuation shall only be available to  an  employee
 
                            -11-     LRB093 09245 JLS 09478 b
 1    or  member  who has been continuously insured under the group
 2    policy (and for similar benefits under any group policy which
 3    it replaced) during the entire 3 months  period  ending  with
 4    such  termination  or  reduction  in  hours below the minimum
 5    required by the group plan.
 6        2.  Continuation shall not be available  for  any  person
 7    who  is covered by Medicare, except for those individuals who
 8    have been covered under a group Medicare  supplement  policy.
 9    Neither shall continuation be available for any person who is
10    covered by any other insured or uninsured plan which provides
11    hospital,  surgical  or medical coverage for individuals in a
12    group and under which the person was not covered  immediately
13    prior  to  such  termination  or reduction in hours below the
14    minimum required by the  group  plan  or  who  exercises  his
15    conversion privilege under the group policy.
16        3.  Continuation  need  not  include dental, vision care,
17    prescription  drug  benefits,  disability  income,  specified
18    disease, or similar supplementary benefits which are provided
19    under the group policy in addition to its hospital,  surgical
20    or major medical benefits.
21        4.  Upon  termination  or  reduction  in  hours below the
22    minimum  required  by  the  group  plan  written  notice   of
23    continuation  shall be presented to the employee or member by
24    the employer or mailed by the  employer  to  the  last  known
25    address  of  the  employee.  An employee or member who wishes
26    continuation of coverage must request  such  continuation  in
27    writing within the ten-day period following the later of: (i)
28    the  date of such termination or reduction in hours below the
29    minimum required by the group plan,  or  (ii)  the  date  the
30    employee is given written notice of the right of continuation
31    by  either  the  employer  or  the group policyholder.  In no
32    event, however, may the employee or member elect continuation
33    more than 60 days after  the  date  of  such  termination  or
34    reduction  in  hours  below the minimum required by the group
 
                            -12-     LRB093 09245 JLS 09478 b
 1    plan.  Written  notice  of  continuation  presented  to   the
 2    employee  or  member  by  the  policyholder, or mailed by the
 3    policyholder to the last known address of the employee, shall
 4    constitute the giving of  notice  for  the  purpose  of  this
 5    provision.
 6        5.  An  employee or member electing continuation must pay
 7    to the group policyholder or his employer, on a monthly basis
 8    in advance, the total  amount  of  premium  required  by  the
 9    insurer, including that portion of the premium contributed by
10    the  policyholder  or employer, if any, but not more than the
11    group rate for the insurance being continued with appropriate
12    reduction in premium for  any  supplementary  benefits  which
13    have  been  discontinued under paragraph (3) of this Section.
14    The premium  rate  required  by  the  insurer  shall  be  the
15    applicable premium required on the due date of each payment.
16        6.  Continuation  of insurance under the group policy for
17    any person shall  terminate  when  he  becomes  eligible  for
18    Medicare or is covered by any other insured or uninsured plan
19    which  provides  hospital,  surgical  or medical coverage for
20    individuals in a group and under which  the  person  was  not
21    covered immediately prior to such termination or reduction in
22    hours  below  the  minimum  required  by  the  group  plan as
23    provided in condition 2 above or, if earlier, at the first to
24    occur of the following:
25             (a)  The date 9 months after the date the employee's
26        or member's insurance under the  policy  would  otherwise
27        have  terminated  because of termination of employment or
28        membership  or  reduction  in  hours  below  the  minimum
29        required by the group plan.
30             (b)  If the employee or member fails to make  timely
31        payment of a required contribution, the end of the period
32        for which contributions were made.
33             (c)  The   date   on   which  the  group  policy  is
34        terminated or, in the case of an employee, the  date  his
 
                            -13-     LRB093 09245 JLS 09478 b
 1        employer terminates participation under the group policy.
 2        However,  if this (c) applies and the coverage ceasing by
 3        reason  of  such  termination  is  replaced  by   similar
 4        coverage  under another group policy, the following shall
 5        apply:
 6                  (i)  The employee  or  member  shall  have  the
 7             right  to  become  covered  under  that  other group
 8             policy, for the balance of the period that he  would
 9             have  remained  covered under the prior group policy
10             in accordance with condition  6  had  a  termination
11             described in this (c) not occurred.
12                  (ii)  The  prior group policy shall continue to
13             provide  benefits  to  the  extent  of  its  accrued
14             liabilities and extensions of  benefits  as  if  the
15             replacement had not occurred.
16        7.  A notification of the continuation privilege shall be
17    included in each certificate of coverage.
18        8.  Continuation  shall not be available for any employee
19    who was discharged because of the commission of a  felony  in
20    connection  with  his work, or because of theft in connection
21    with  his  work,  for  which  the  employer  was  in  no  way
22    responsible; provided the employee admitted his commission of
23    the felony or theft or such act has resulted in a  conviction
24    or order of supervision by a court of competent jurisdiction.
25        The  requirements  of  this  amendatory Act of 1983 shall
26    apply to  any  group  policy  as  defined  in  this  Section,
27    delivered  or  issued  for  delivery  on  or  after  180 days
28    following the effective date of this amendatory Act of 1983.
29        The requirements of this amendatory  Act  of  1985  shall
30    apply  to  any  group  policy  as  defined  in  this Section,
31    delivered, issued for delivery,  renewed  or  amended  on  or
32    after   180   days  following  the  effective  date  of  this
33    amendatory Act of 1985.

34        Group Accident and Health Insurance Conversion Privilege.
 
                            -14-     LRB093 09245 JLS 09478 b
 1        (A)  A group policy which provides hospital, medical,  or
 2    major  medical expense insurance, or any combination of these
 3    coverages, on an expense-incurred basis, but not including  a
 4    policy  which  provides benefits for specific diseases or for
 5    accidental injuries only, shall provide that an  employee  or
 6    member  (i)  whose  insurance under the group policy has been
 7    terminated for any reason other than  discontinuance  of  the
 8    group  policy  in  its  entirety  where there is a succeeding
 9    carrier, or failure of the employee  or  member  to  pay  any
10    required  contribution;  and  (ii)  who has been continuously
11    insured under the group policy (and under  any  group  policy
12    providing  similar  benefits  which it replaces) for at least
13    three months  immediately  prior  to  termination,  shall  be
14    entitled  to  have  issued  to him by the insurer a policy of
15    health insurance (hereafter  referred  to  as  the  converted
16    policy), subject to the following conditions:
17             (1)  Written  application  for  the converted policy
18        shall be made and the first premium paid to  the  insurer
19        not  later  than  the latter of (i) thirty-one days after
20        such termination or (ii) 15 days after  the  employee  or
21        member  has been given written notice of the existence of
22        the conversion privilege, but in no event later  than  60
23        days after such termination.
24          Written  notice  presented to the employee or member by
25        the policyholder, or mailed by the  policyholder  to  the
26        last  known  address  of  the  employee  or member, shall
27        constitute the giving of notice for the purpose  of  this
28        provision.
29             (2)  The  converted  policy  shall be issued without
30        evidence of insurability.
31             (3)  The initial premium for  the  converted  policy
32        shall  be  determined  in  accordance  with the insurer's
33        table of premium rates applicable to the age and class of
34        risk of each person to be  covered  under  the  converted
 
                            -15-     LRB093 09245 JLS 09478 b
 1        policy  and  to  the  type  and  amount  of the insurance
 2        provided. Conditions pertaining to health shall not be an
 3        acceptable basis of classification for  the  purposes  of
 4        this  subsection.  The frequency of premium payment shall
 5        be the frequency customarily required by the insurer  for
 6        the  policy  form  and  plan  selected, provided that the
 7        insurer  shall  not   require   premium   payments   less
 8        frequently  than  quarterly  without  the  consent of the
 9        insured.
10             (4)  The effective  date  of  the  converted  policy
11        shall  be  the day following the termination of insurance
12        under the group policy.
13             (5)  The converted policy shall cover  the  employee
14        or  member  and  his  dependents  who were covered by the
15        group policy on the date of termination of insurance.  At
16        the option of the insurer, a  separate  converted  policy
17        may be issued to cover any dependent.
18             (6)  The  insurer  shall  not be required to issue a
19        converted policy covering any person if such person is or
20        could be covered by Medicare (Title XVIII of  the  United
21        States  Social  Security  Act  as  added  by  the  Social
22        Security  Amendments  of  1965  or  as  later  amended or
23        superseded).  Furthermore,  the  insurer  shall  not   be
24        required  to issue a converted policy covering any person
25        if (i) such person is covered  for  similar  benefits  by
26        another  hospital,  surgical,  medical,  or major medical
27        expense insurance policy or hospital or  medical  service
28        subscriber   contract   or   medical  practice  or  other
29        prepayment plan or by any other plan or program; or  (ii)
30        such  person is eligible for similar benefits (whether or
31        not covered therefor) under any arrangement  of  coverage
32        for  individuals  in  a  group,  whether on an insured or
33        uninsured basis; or (iii) similar benefits  are  provided
34        for  or  available  to  such  person,  pursuant  to or in
 
                            -16-     LRB093 09245 JLS 09478 b
 1        accordance with the requirements of any statute, and  the
 2        benefits provided or available under the sources referred
 3        to  in  (i),  (ii),  (iii) above for such person together
 4        with the converted policy would result  in  overinsurance
 5        according to the insurer's standards.
 6             (7)  In  the  event that coverage would be continued
 7        under the group  policy  on  an  employee  following  his
 8        retirement prior to the time he is or could be covered by
 9        Medicare,  he  may elect, in lieu of such continuation of
10        such group insurance, to have the same conversion  rights
11        as would apply had his insurance terminated at retirement
12        by reason of termination of employment or membership.
13             (8)  Subject  to the conditions set forth above, the
14        conversion privilege shall also be available (i)  to  the
15        surviving spouse, if any, at the death of the employee or
16        member,  with  respect  to  the  spouse and such children
17        whose coverage  under  the  group  policy  terminates  by
18        reason  of  such death, otherwise to each surviving child
19        whose coverage  under  the  group  policy  terminates  by
20        reason  of  such  death, or, if the group policy provides
21        for continuation of dependents'  coverage  following  the
22        employee's   or  member's  death,  at  the  end  of  such
23        continuation; (ii) to  the  spouse  of  the  employee  or
24        member  upon termination of coverage of the spouse, while
25        the employee or member remains insured  under  the  group
26        policy,  by  reason  of  ceasing to be a qualified family
27        member under the group policy, with respect to the spouse
28        and such children whose coverage under the  group  policy
29        terminates  at  the same time; or (iii) to a child solely
30        with respect to himself upon termination of his  coverage
31        by  reason  of  ceasing  to  be a qualified family member
32        under the group policy, if a conversion privilege is  not
33        otherwise   provided   above   with   respect   to   such
34        termination.
 
                            -17-     LRB093 09245 JLS 09478 b
 1             (9)  A  notification  of  the  conversion  privilege
 2        shall be included in each certificate.
 3             (10)  The   insurer   may  elect  to  provide  group
 4        insurance coverage in lieu of the issuance of a converted
 5        policy.
 6        (B)  A converted policy issued upon the exercise  of  the
 7    conversion  privilege  required  by  subsection  (A)  of this
 8    Section shall conform to the following minimum standards:
 9             (1)  If  the   group   policy   provided   hospital,
10        surgical,  or medical expense insurance, or a combination
11        thereof, the converted policy shall provide  benefits  on
12        an  expense-incurred basis equal to the lesser of (i) the
13        hospital room and board, miscellaneous hospital, surgical
14        and medical benefits provided under the group policy; and
15        (ii) the corresponding benefits described below:
16                  (a)  Hospital room and  board  benefits  in  an
17             amount  per  day  elected by the group policyholder,
18             but in no event less than 60% of  the  then  average
19             semi-private  hospital  room and board charge in the
20             State, such benefits to be payable for a maximum  of
21             not  less  than  70  days for any period of hospital
22             confinement, as defined in the converted policy.
23                  (b)  Miscellaneous hospital  benefits  for  any
24             one  period  of hospital confinement in an amount up
25             to twenty times the hospital room  and  board  daily
26             benefit provided under the converted policy.
27                  (c)  Surgical  benefits according to a surgical
28             schedule providing a benefit amount elected  by  the
29             group  policy  holder, but in no event less than 60%
30             of the then average surgical charge in the State and
31             with a  maximum  amount  appropriate  thereto.   The
32             maximum  surgical benefit shall be applicable to all
33             surgical operations of an individual resulting  from
34             or contributed to by the same and all related causes
 
                            -18-     LRB093 09245 JLS 09478 b
 1             occurring  in one period of disability.  Two or more
 2             surgical procedures performed in  the  course  of  a
 3             single  operation  through  the same incision, or in
 4             the same natural body orifice, may be treated as one
 5             surgical procedure with the  payment  determined  by
 6             the   scheduled   benefit  for  the  most  expensive
 7             procedure performed.  The surgical schedule shall be
 8             consistent   with   the   schedule   of   operations
 9             customarily offered by the insurer  under  group  or
10             individual health insurance policies.
11                  (d)  Non-surgical  medical  attendance benefits
12             for in-hospital services in an amount elected by the
13             group policyholder, but in no event less than 60% of
14             the  then  average  in-hospital  physician's   visit
15             charge in the State, such benefits may be limited to
16             one  visit  per day of hospitalization and a maximum
17             number of visits numbering not less than seventy for
18             any period of hospital confinement as defined in the
19             converted policy.
20             (2)  If the  group  policy  provided  major  medical
21        insurance,  the insurer may offer the insurance described
22        in (1) above only, major medical  insurance  only,  or  a
23        combination  of  the insurance described in (1) above and
24        major  medical  insurance.   If  the  insurer  elects  to
25        provide major medical  insurance,  the  converted  policy
26        shall provide:
27                  (a)  A maximum benefit at least equal to (i) or
28             (ii) below:
29                       (i)  A   maximum  payment  of  twenty-five
30                  thousand  dollars  for  all   covered   medical
31                  expenses  incurred  during the covered person's
32                  lifetime with  an  annual  restoration  of  the
33                  lesser  of,  while  coverage  is  in force, one
34                  thousand dollars and the amount counted against
 
                            -19-     LRB093 09245 JLS 09478 b
 1                  the maximum benefit which  was  not  previously
 2                  restored; or
 3                       (ii)  A  maximum  payment  of  twenty-five
 4                  thousand  dollars  for each unrelated injury or
 5                  illness.
 6                  (b)  Payment of benefits  for  covered  medical
 7             expenses, in excess of the deductible, at a rate not
 8             less than 80% except as otherwise permitted below.
 9                  (c)  A   deductible  for  each  benefit  period
10             which, at the option of the insurer,  shall  be  (i)
11             the  greater  of  $500  and the benefits deductible;
12             (ii) the sum of the benefits deductible and $100; or
13             (iii) the  corresponding  deductible  in  the  group
14             policy.   The term "benefit period," as used herein,
15             means, when the maximum payment is determined by (a)
16             (i) above, either a calendar year  or  a  period  of
17             twelve  consecutive  months;  and,  when the maximum
18             payment is determined by (a) (ii) above, a period of
19             twenty-four consecutive months.  The term  "benefits
20             deductible,"  as used herein, means the value of any
21             benefits provided on an expense-incurred basis which
22             are  provided  with  respect  to   covered   medical
23             expenses by any other hospital, surgical, or medical
24             insurance  policy  or  hospital  or  medical service
25             subscriber contract of  medical  practice  or  other
26             prepayment  plan,  or  any  other  plans  or program
27             whether on an insured or uninsured basis, or of  any
28             similar   benefits   which   are  provided  or  made
29             available pursuant to  or  in  accordance  with  the
30             requirements of any statute and, if, pursuant to the
31             provisions  of this subsection, the converted policy
32             provides both the coverage described  in  (1)  above
33             and  major  medical  insurance,  the  value  of  the
34             coverage  described  in  (1) above.  The insurer may
 
                            -20-     LRB093 09245 JLS 09478 b
 1             require that the deductible be  satisfied  during  a
 2             period of not less than three months. If the maximum
 3             payment  is  determined  by (a) (i) above, and if no
 4             benefits become payable during the preceding benefit
 5             period  due  to  the  cash  deductible   not   being
 6             satisfied;  credit shall be given, in the succeeding
 7             benefit period, to any expense  applied  toward  the
 8             cash  deductible of the preceding benefit period and
 9             incurred  during  the  last  three  months  of  such
10             preceding benefit period, subject to any requirement
11             that the deductible be satisfied during a  specified
12             period of time.
13                  (d)  The  term  "covered  medical expenses," as
14             used above, may  be  limited  (i)  in  the  case  of
15             hospital  room  and board benefits, maximum surgical
16             schedule,  and   non-surgical   medical   attendance
17             benefits  to  amounts  not  less  than  the  amounts
18             provided  in (1) (a), (1) (c) and (1) (d) above; and
19             (ii) in the case of  mental  and  nervous  condition
20             treatments  while  the  patient  is  not  a hospital
21             in-patient,  to  co-insurance  of  50%,  a   maximum
22             benefit   of   $500  per  calendar  year  or  twelve
23             consecutive month periods subject to  the  inclusion
24             by the insurer of reasonable limits on the number of
25             visits  and  the  maximum  permissible  expense  per
26             visit.
27             (3)  The converted policy may contain any exclusion,
28        reduction,  or  limitation  contained in the group policy
29        and any exclusion, reduction, or  limitation  customarily
30        used in individual accident and health policies delivered
31        or issued for delivery in this state.  It is not required
32        that  the  converted  policy  contain  all of the covered
33        medical  expenses  or  the  same  level  of  benefits  as
34        provided in the group policy.
 
                            -21-     LRB093 09245 JLS 09478 b
 1             (4)  The insurer may,  at  its  option,  also  offer
 2        alternative   plans   for   group   accident  and  health
 3        conversion.
 4             (5)  The  converted  policy  may  only   exclude   a
 5        pre-existing  condition  excluded  by  the  group policy.
 6        Any hospital, surgical, medical or major medical benefits
 7        payable under the converted policy may be reduced by  the
 8        amount  of  any  such  benefits  payable  under the group
 9        policy  after  the  termination   of   the   individual's
10        insurance thereunder and, during the first policy year of
11        such  converted  policy,  the  benefits payable under the
12        converted policy may be so reduced so that they  are  not
13        in  excess  of  the benefits that would have been payable
14        had the individual's insurance  under  the  group  policy
15        remained in force and effect.
16             (6)  The   converted  policy  may  provide  for  the
17        termination of coverage thereunder of any person when  he
18        is  or  could  be covered by Medicare (Title XVIII of the
19        United States Social Security Act as added by the  Social
20        Security  Amendments  of  1965  or  as  later  amended or
21        superseded).
22             (7)  The  converted  policy  may  provide  that  the
23        insurer  may  request  information  from  the   converted
24        policyholder,  in  advance of any premium due date of the
25        converted policy, to determine whether any person covered
26        thereunder (i) is covered for similar benefits by another
27        hospital, surgical, medical,  or  major  medical  expense
28        insurance   policy   or   hospital   or  medical  service
29        subscriber  contract  or  medical   practice   or   other
30        prepayment  plan or by any other plan or program; or (ii)
31        is eligible for similar benefits (whether or not  covered
32        therefor)   under   any   arrangement   of  coverage  for
33        individuals  in  a  group,  whether  on  an  insured   or
34        uninsured  basis;  or (iii) has similar benefits provided
 
                            -22-     LRB093 09245 JLS 09478 b
 1        for or available  to  such  person,  pursuant  to  or  in
 2        accordance  with  the  requirements  of any statute.  The
 3        converted policy may also provide that the  insurer  need
 4        not  renew  the  converted  policy or the coverage of any
 5        person insured thereunder if either the benefits provided
 6        or available under the sources referred to in (i),  (ii),
 7        (iii)  above for such person, together with the converted
 8        policy, would result in overinsurance  according  to  the
 9        insurer's  standards,  or  if  the converted policyholder
10        refuses to provide the requested information.
11             (8)  The converted  policy  shall  not  contain  any
12        provision  allowing  the  insurer  to  non-renew due to a
13        change in the health of an insured.
14             (9)  The converted policy may contain any provisions
15        permitted  herein  and  may  also   include   any   other
16        provisions   not   expressly   prohibited   by  law.  Any
17        provisions required or permitted herein  may  be  made  a
18        part  of  the converted policy by means of an endorsement
19        or rider.
20             (10)  In the conversion of group health insurance in
21        accordance with the provisions of subsection  (A)  above,
22        the insurer may, at its option, accomplish the conversion
23        by issuing one or more converted policies.
24             (11)  With  respect to any person who was covered by
25        the group policy, the period specified in the Time  Limit
26        on  Certain  Defenses  provisions of the converted policy
27        shall commence  with  the  date  the  person's  insurance
28        became effective under the group policy.
29             (12)  If   the   insurer  elects  to  provide  group
30        insurance coverage in lieu of  a  converted  policy,  the
31        benefit  levels  required  for a converted policy must be
32        applicable to such group insurance coverage.
33        (C)  The requirements of this Section shall apply to  any
34    group  policy  of  accident  and  health insurance delivered,
 
                            -23-     LRB093 09245 JLS 09478 b
 1    issued for delivery, renewed or amended on or after 180  days
 2    following the effective date of this Section.
 3    (Source: P.A. 85-210; 86-1475.)

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

 6        (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
 7        Sec. 5-3.  Insurance Code provisions.
 8        (a)  Health Maintenance Organizations shall be subject to
 9    the provisions of Sections 133, 134, 137, 140, 141.1,  141.2,
10    141.3,  143,  143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
11    154.6, 154.7, 154.8, 155.04, 355.2, 356m, 356v,  356w,  356x,
12    356y,  356z.2,  367.2,  367.2-5, 367i, 368a, 401, 401.1, 402,
13    403, 403A, 408, 408.2, 409, 412, 444,  and  444.1,  paragraph
14    (c)  of subsection (2) of Section 367, and Articles IIA, VIII
15    1/2, XII, XII 1/2, XIII, XIII  1/2,  XXV,  and  XXVI  of  the
16    Illinois Insurance Code.
17        (b)  For  purposes of the Illinois Insurance Code, except
18    for Sections 444 and 444.1 and Articles XIII  and  XIII  1/2,
19    Health  Maintenance Organizations in the following categories
20    are deemed to be "domestic companies":
21             (1)  a  corporation  authorized  under  the   Dental
22        Service  Plan  Act or the Voluntary Health Services Plans
23        Act;
24             (2)  a corporation organized under the laws of  this
25        State; or
26             (3)  a  corporation  organized  under  the  laws  of
27        another  state, 30% or more of the enrollees of which are
28        residents of this State, except a corporation subject  to
29        substantially  the  same  requirements  in  its  state of
30        organization as is a  "domestic  company"  under  Article
31        VIII 1/2 of the Illinois Insurance Code.
32        (c)  In  considering  the merger, consolidation, or other
 
                            -24-     LRB093 09245 JLS 09478 b
 1    acquisition of control of a Health  Maintenance  Organization
 2    pursuant to Article VIII 1/2 of the Illinois Insurance Code,
 3             (1)  the  Director  shall give primary consideration
 4        to the continuation of  benefits  to  enrollees  and  the
 5        financial  conditions  of the acquired Health Maintenance
 6        Organization after the merger,  consolidation,  or  other
 7        acquisition of control takes effect;
 8             (2)(i)  the  criteria specified in subsection (1)(b)
 9        of Section 131.8 of the Illinois Insurance Code shall not
10        apply and (ii) the Director, in making his  determination
11        with  respect  to  the  merger,  consolidation,  or other
12        acquisition of control, need not take  into  account  the
13        effect  on  competition  of the merger, consolidation, or
14        other acquisition of control;
15             (3)  the Director shall have the  power  to  require
16        the following information:
17                  (A)  certification by an independent actuary of
18             the   adequacy   of   the  reserves  of  the  Health
19             Maintenance Organization sought to be acquired;
20                  (B)  pro forma financial statements  reflecting
21             the combined balance sheets of the acquiring company
22             and the Health Maintenance Organization sought to be
23             acquired  as of the end of the preceding year and as
24             of a date 90 days prior to the acquisition, as  well
25             as   pro   forma   financial  statements  reflecting
26             projected combined  operation  for  a  period  of  2
27             years;
28                  (C)  a  pro  forma  business  plan detailing an
29             acquiring  party's  plans  with   respect   to   the
30             operation  of  the  Health  Maintenance Organization
31             sought to be acquired for a period of not less  than
32             3 years; and
33                  (D)  such  other  information  as  the Director
34             shall require.
 
                            -25-     LRB093 09245 JLS 09478 b
 1        (d)  The provisions of Article VIII 1/2 of  the  Illinois
 2    Insurance  Code  and this Section 5-3 shall apply to the sale
 3    by any health maintenance organization of greater than 10% of
 4    its enrollee population  (including  without  limitation  the
 5    health  maintenance organization's right, title, and interest
 6    in and to its health care certificates).
 7        (e)  In considering any management  contract  or  service
 8    agreement  subject to Section 141.1 of the Illinois Insurance
 9    Code, the Director (i) shall, in  addition  to  the  criteria
10    specified  in  Section  141.2 of the Illinois Insurance Code,
11    take into account the effect of the  management  contract  or
12    service   agreement   on  the  continuation  of  benefits  to
13    enrollees  and  the  financial  condition   of   the   health
14    maintenance  organization to be managed or serviced, and (ii)
15    need not take into  account  the  effect  of  the  management
16    contract or service agreement on competition.
17        (f)  Except  for  small employer groups as defined in the
18    Small Employer Rating, Renewability  and  Portability  Health
19    Insurance  Act and except for medicare supplement policies as
20    defined in Section 363 of  the  Illinois  Insurance  Code,  a
21    Health  Maintenance Organization may by contract agree with a
22    group or other enrollment unit to effect  refunds  or  charge
23    additional premiums under the following terms and conditions:
24             (i)  the  amount  of, and other terms and conditions
25        with respect to, the refund or additional premium are set
26        forth in the group or enrollment unit contract agreed  in
27        advance of the period for which a refund is to be paid or
28        additional  premium  is to be charged (which period shall
29        not be less than one year); and
30             (ii)  the amount of the refund or additional premium
31        shall  not  exceed  20%   of   the   Health   Maintenance
32        Organization's profitable or unprofitable experience with
33        respect  to  the  group  or other enrollment unit for the
34        period (and, for  purposes  of  a  refund  or  additional
 
                            -26-     LRB093 09245 JLS 09478 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
 5        be 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
 8        profitable  or  unprofitable experience may be calculated
 9        taking into account the refund period and the immediately
10        preceding 2 plan years.
11        The  Health  Maintenance  Organization  shall  include  a
12    statement in the evidence of coverage issued to each enrollee
13    describing the possibility of a refund or additional premium,
14    and upon request of any group or enrollment unit, provide  to
15    the group or enrollment unit a description of the method used
16    to   calculate  (1)  the  Health  Maintenance  Organization's
17    profitable experience with respect to the group or enrollment
18    unit and the resulting refund to the group or enrollment unit
19    or (2) the  Health  Maintenance  Organization's  unprofitable
20    experience  with  respect to the group or enrollment unit and
21    the resulting additional premium to be paid by the  group  or
22    enrollment unit.
23        In   no  event  shall  the  Illinois  Health  Maintenance
24    Organization  Guaranty  Association  be  liable  to  pay  any
25    contractual obligation of an insolvent  organization  to  pay
26    any refund authorized under this Section.
27    (Source: P.A.  91-357,  eff.  7-29-99;  91-406,  eff. 1-1-00;
28    91-549, eff. 8-14-99; 91-605,  eff.  12-14-99;  91-788,  eff.
29    6-9-00; 92-764, eff. 1-1-03.)