093_HB3661ham001

 










                                     LRB093 09245 JLS 14018 a

 1                    AMENDMENT TO HOUSE BILL 3661

 2        AMENDMENT NO.     .  Amend House Bill  3661  on  page  1,
 3    line  5,  by  changing "Section 367.2-5" to "Sections 367.2-5
 4    and 367e.1"; and

 5    on page 1, line 8, by  changing  "Continuation"  to  "Spousal
 6    continuation"; and

 7    on page 13 by replacing line 34 with the following:

 8        Group Accident and Health Insurance Conversion Privilege.
 9        (A)  A  group policy which provides hospital, medical, or
10    major medical expense insurance, or any combination of  these
11    coverages,  on an expense-incurred basis, but not including a
12    policy which provides benefits for specific diseases  or  for
13    accidental  injuries  only, shall provide that an employee or
14    member (i) whose insurance under the group  policy  has  been
15    terminated  for  any  reason other than discontinuance of the
16    group policy in its entirety  where  there  is  a  succeeding
17    carrier,  or  failure  of  the  employee or member to pay any
18    required contribution; and (ii)  who  has  been  continuously
19    insured  under  the  group policy (and under any group policy
20    providing similar benefits which it replaces)  for  at  least
21    three  months  immediately  prior  to  termination,  shall be
22    entitled to have issued to him by the  insurer  a  policy  of
 
                            -2-      LRB093 09245 JLS 14018 a
 1    health  insurance  (hereafter  referred  to  as the converted
 2    policy), subject to the following conditions:
 3             (1)  Written application for  the  converted  policy
 4        shall  be  made and the first premium paid to the insurer
 5        not later than the latter of (i)  thirty-one  days  after
 6        such  termination  or  (ii) 15 days after the employee or
 7        member has been given written notice of the existence  of
 8        the  conversion  privilege, but in no event later than 60
 9        days after such termination.
10          Written notice presented to the employee or  member  by
11        the  policyholder,  or  mailed by the policyholder to the
12        last known address  of  the  employee  or  member,  shall
13        constitute  the  giving of notice for the purpose of this
14        provision.
15             (2)  The converted policy shall  be  issued  without
16        evidence of insurability.
17             (3)  The  initial  premium  for the converted policy
18        shall be determined  in  accordance  with  the  insurer's
19        table of premium rates applicable to the age and class of
20        risk  of  each  person  to be covered under the converted
21        policy and to  the  type  and  amount  of  the  insurance
22        provided. Conditions pertaining to health shall not be an
23        acceptable  basis  of  classification for the purposes of
24        this subsection.  The frequency of premium payment  shall
25        be  the frequency customarily required by the insurer for
26        the policy form and  plan  selected,  provided  that  the
27        insurer   shall   not   require   premium  payments  less
28        frequently than quarterly  without  the  consent  of  the
29        insured.
30             (4)  The  effective  date  of  the  converted policy
31        shall be the day following the termination  of  insurance
32        under the group policy.
33             (5)  The  converted  policy shall cover the employee
34        or member and his dependents  who  were  covered  by  the
 
                            -3-      LRB093 09245 JLS 14018 a
 1        group policy on the date of termination of insurance.  At
 2        the  option  of  the insurer, a separate converted policy
 3        may be issued to cover any dependent.
 4             (6)  The insurer shall not be required  to  issue  a
 5        converted policy covering any person if such person is or
 6        could  be  covered by Medicare (Title XVIII of the United
 7        States  Social  Security  Act  as  added  by  the  Social
 8        Security Amendments  of  1965  or  as  later  amended  or
 9        superseded).   Furthermore,  the  insurer  shall  not  be
10        required to issue a converted policy covering any  person
11        if  (i)  such  person  is covered for similar benefits by
12        another hospital, surgical,  medical,  or  major  medical
13        expense  insurance  policy or hospital or medical service
14        subscriber  contract  or  medical   practice   or   other
15        prepayment  plan or by any other plan or program; or (ii)
16        such person is eligible for similar benefits (whether  or
17        not  covered  therefor) under any arrangement of coverage
18        for individuals in a group,  whether  on  an  insured  or
19        uninsured  basis;  or (iii) similar benefits are provided
20        for or available  to  such  person,  pursuant  to  or  in
21        accordance  with the requirements of any statute, and the
22        benefits provided or available under the sources referred
23        to in (i), (ii), (iii) above  for  such  person  together
24        with  the  converted policy would result in overinsurance
25        according to the insurer's standards.
26             (7)  In the event that coverage would  be  continued
27        under  the  group  policy  on  an  employee following his
28        retirement prior to the time he is or could be covered by
29        Medicare, he may elect, in lieu of such  continuation  of
30        such  group insurance, to have the same conversion rights
31        as would apply had his insurance terminated at retirement
32        by reason of termination of employment or membership.
33             (8)  Subject to the conditions set forth above,  the
34        conversion  privilege  shall also be available (i) to the
 
                            -4-      LRB093 09245 JLS 14018 a
 1        surviving spouse, if any, at the death of the employee or
 2        member, with respect to  the  spouse  and  such  children
 3        whose  coverage  under  the  group  policy  terminates by
 4        reason of such death, otherwise to each  surviving  child
 5        whose  coverage  under  the  group  policy  terminates by
 6        reason of such death, or, if the  group  policy  provides
 7        for  continuation  of  dependents' coverage following the
 8        employee's  or  member's  death,  at  the  end  of   such
 9        continuation;  (ii)  to  the  spouse  of  the employee or
10        member upon termination of coverage of the spouse,  while
11        the  employee  or  member remains insured under the group
12        policy, by reason of ceasing to  be  a  qualified  family
13        member under the group policy, with respect to the spouse
14        and  such  children whose coverage under the group policy
15        terminates at the same time; or (iii) to a  child  solely
16        with  respect to himself upon termination of his coverage
17        by reason of ceasing to  be  a  qualified  family  member
18        under  the group policy, if a conversion privilege is not
19        otherwise   provided   above   with   respect   to   such
20        termination.
21             (9)  A  notification  of  the  conversion  privilege
22        shall be included in each certificate.
23             (10)  The  insurer  may  elect  to   provide   group
24        insurance coverage in lieu of the issuance of a converted
25        policy.
26        (B)  A  converted  policy issued upon the exercise of the
27    conversion privilege  required  by  subsection  (A)  of  this
28    Section shall conform to the following minimum standards:
29             (1)  If   the   group   policy   provided  hospital,
30        surgical, or medical expense insurance, or a  combination
31        thereof,  the  converted policy shall provide benefits on
32        an expense-incurred basis equal to the lesser of (i)  the
33        hospital room and board, miscellaneous hospital, surgical
34        and medical benefits provided under the group policy; and
 
                            -5-      LRB093 09245 JLS 14018 a
 1        (ii) the corresponding benefits described below:
 2                  (a)  Hospital  room  and  board  benefits in an
 3             amount per day elected by  the  group  policyholder,
 4             but  in  no  event less than 60% of the then average
 5             semi-private hospital room and board charge  in  the
 6             State,  such benefits to be payable for a maximum of
 7             not less than 70 days for  any  period  of  hospital
 8             confinement, as defined in the converted policy.
 9                  (b)  Miscellaneous  hospital  benefits  for any
10             one period of hospital confinement in an  amount  up
11             to  twenty  times  the hospital room and board daily
12             benefit provided under the converted policy.
13                  (c)  Surgical benefits according to a  surgical
14             schedule  providing  a benefit amount elected by the
15             group policy holder, but in no event less  than  60%
16             of the then average surgical charge in the State and
17             with  a  maximum  amount  appropriate  thereto.  The
18             maximum surgical benefit shall be applicable to  all
19             surgical  operations of an individual resulting from
20             or contributed to by the same and all related causes
21             occurring in one period of disability.  Two or  more
22             surgical  procedures  performed  in  the course of a
23             single operation through the same  incision,  or  in
24             the same natural body orifice, may be treated as one
25             surgical  procedure  with  the payment determined by
26             the  scheduled  benefit  for  the   most   expensive
27             procedure performed.  The surgical schedule shall be
28             consistent   with   the   schedule   of   operations
29             customarily  offered  by  the insurer under group or
30             individual health insurance policies.
31                  (d)  Non-surgical medical  attendance  benefits
32             for in-hospital services in an amount elected by the
33             group policyholder, but in no event less than 60% of
34             the   then  average  in-hospital  physician's  visit
 
                            -6-      LRB093 09245 JLS 14018 a
 1             charge in the State, such benefits may be limited to
 2             one visit per day of hospitalization and  a  maximum
 3             number of visits numbering not less than seventy for
 4             any period of hospital confinement as defined in the
 5             converted policy.
 6             (2)  If  the  group  policy  provided  major medical
 7        insurance, the insurer may offer the insurance  described
 8        in  (1)  above  only,  major medical insurance only, or a
 9        combination of the insurance described in (1)  above  and
10        major  medical  insurance.   If  the  insurer  elects  to
11        provide  major  medical  insurance,  the converted policy
12        shall provide:
13                  (a)  A maximum benefit at least equal to (i) or
14             (ii) below:
15                       (i)  A  maximum  payment  of   twenty-five
16                  thousand   dollars   for  all  covered  medical
17                  expenses incurred during the  covered  person's
18                  lifetime  with  an  annual  restoration  of the
19                  lesser of, while  coverage  is  in  force,  one
20                  thousand dollars and the amount counted against
21                  the  maximum  benefit  which was not previously
22                  restored; or
23                       (ii)  A  maximum  payment  of  twenty-five
24                  thousand dollars for each unrelated  injury  or
25                  illness.
26                  (b)  Payment  of  benefits  for covered medical
27             expenses, in excess of the deductible, at a rate not
28             less than 80% except as otherwise permitted below.
29                  (c)  A  deductible  for  each  benefit   period
30             which,  at  the  option of the insurer, shall be (i)
31             the greater of $500  and  the  benefits  deductible;
32             (ii) the sum of the benefits deductible and $100; or
33             (iii)  the  corresponding  deductible  in  the group
34             policy.  The term "benefit period," as used  herein,
 
                            -7-      LRB093 09245 JLS 14018 a
 1             means, when the maximum payment is determined by (a)
 2             (i)  above,  either  a  calendar year or a period of
 3             twelve consecutive months;  and,  when  the  maximum
 4             payment is determined by (a) (ii) above, a period of
 5             twenty-four  consecutive months.  The term "benefits
 6             deductible," as used herein, means the value of  any
 7             benefits provided on an expense-incurred basis which
 8             are   provided   with  respect  to  covered  medical
 9             expenses by any other hospital, surgical, or medical
10             insurance policy  or  hospital  or  medical  service
11             subscriber  contract  of  medical  practice or other
12             prepayment plan,  or  any  other  plans  or  program
13             whether  on an insured or uninsured basis, or of any
14             similar  benefits  which  are   provided   or   made
15             available  pursuant  to  or  in  accordance with the
16             requirements of any statute and, if, pursuant to the
17             provisions of this subsection, the converted  policy
18             provides  both  the  coverage described in (1) above
19             and  major  medical  insurance,  the  value  of  the
20             coverage described in (1) above.   The  insurer  may
21             require  that  the  deductible be satisfied during a
22             period of not less than three months. If the maximum
23             payment is determined by (a) (i) above,  and  if  no
24             benefits become payable during the preceding benefit
25             period   due   to  the  cash  deductible  not  being
26             satisfied; credit shall be given, in the  succeeding
27             benefit  period,  to  any expense applied toward the
28             cash deductible of the preceding benefit period  and
29             incurred  during  the  last  three  months  of  such
30             preceding benefit period, subject to any requirement
31             that  the deductible be satisfied during a specified
32             period of time.
33                  (d)  The term "covered  medical  expenses,"  as
34             used  above,  may  be  limited  (i)  in  the case of
 
                            -8-      LRB093 09245 JLS 14018 a
 1             hospital room and board benefits,  maximum  surgical
 2             schedule,   and   non-surgical   medical  attendance
 3             benefits  to  amounts  not  less  than  the  amounts
 4             provided in (1) (a), (1) (c) and (1) (d) above;  and
 5             (ii)  in  the  case  of mental and nervous condition
 6             treatments while  the  patient  is  not  a  hospital
 7             in-patient,   to  co-insurance  of  50%,  a  maximum
 8             benefit  of  $500  per  calendar  year   or   twelve
 9             consecutive  month  periods subject to the inclusion
10             by the insurer of reasonable limits on the number of
11             visits  and  the  maximum  permissible  expense  per
12             visit.
13             (3)  The converted policy may contain any exclusion,
14        reduction, or limitation contained in  the  group  policy
15        and  any  exclusion, reduction, or limitation customarily
16        used in individual accident and health policies delivered
17        or issued for delivery in this state.  It is not required
18        that the converted policy  contain  all  of  the  covered
19        medical  expenses  or  the  same  level  of  benefits  as
20        provided in the group policy.
21             (4)  The  insurer  may,  at  its  option, also offer
22        alternative  plans  for   group   accident   and   health
23        conversion.
24             (5)  The   converted   policy  may  only  exclude  a
25        pre-existing condition  excluded  by  the  group  policy.
26        Any hospital, surgical, medical or major medical benefits
27        payable  under the converted policy may be reduced by the
28        amount of any  such  benefits  payable  under  the  group
29        policy   after   the   termination  of  the  individual's
30        insurance thereunder and, during the first policy year of
31        such converted policy, the  benefits  payable  under  the
32        converted  policy  may be so reduced so that they are not
33        in excess of the benefits that would  have  been  payable
34        had  the  individual's  insurance  under the group policy
 
                            -9-      LRB093 09245 JLS 14018 a
 1        remained in force and effect.
 2             (6)  The  converted  policy  may  provide  for   the
 3        termination  of coverage thereunder of any person when he
 4        is or could be covered by Medicare (Title  XVIII  of  the
 5        United  States Social Security Act as added by the Social
 6        Security Amendments  of  1965  or  as  later  amended  or
 7        superseded).
 8             (7)  The  converted  policy  may  provide  that  the
 9        insurer   may  request  information  from  the  converted
10        policyholder, in advance of any premium due date  of  the
11        converted policy, to determine whether any person covered
12        thereunder (i) is covered for similar benefits by another
13        hospital,  surgical,  medical,  or  major medical expense
14        insurance  policy  or   hospital   or   medical   service
15        subscriber   contract   or   medical  practice  or  other
16        prepayment plan or by any other plan or program; or  (ii)
17        is  eligible for similar benefits (whether or not covered
18        therefor)  under  any   arrangement   of   coverage   for
19        individuals   in  a  group,  whether  on  an  insured  or
20        uninsured basis; or (iii) has similar  benefits  provided
21        for  or  available  to  such  person,  pursuant  to or in
22        accordance with the requirements  of  any  statute.   The
23        converted  policy  may also provide that the insurer need
24        not renew the converted policy or  the  coverage  of  any
25        person insured thereunder if either the benefits provided
26        or  available under the sources referred to in (i), (ii),
27        (iii) above for such person, together with the  converted
28        policy,  would  result  in overinsurance according to the
29        insurer's standards, or  if  the  converted  policyholder
30        refuses to provide the requested information.
31             (8)  The  converted  policy  shall  not  contain any
32        provision allowing the insurer  to  non-renew  due  to  a
33        change in the health of an insured.
34             (9)  The converted policy may contain any provisions
 
                            -10-     LRB093 09245 JLS 14018 a
 1        permitted   herein   and   may  also  include  any  other
 2        provisions  not  expressly   prohibited   by   law.   Any
 3        provisions  required  or  permitted  herein may be made a
 4        part of the converted policy by means of  an  endorsement
 5        or rider.
 6             (10)  In the conversion of group health insurance in
 7        accordance  with  the provisions of subsection (A) above,
 8        the insurer may, at its option, accomplish the conversion
 9        by issuing one or more converted policies.
10             (11)  With respect to any person who was covered  by
11        the  group policy, the period specified in the Time Limit
12        on Certain Defenses provisions of  the  converted  policy
13        shall  commence  with  the  date  the  person's insurance
14        became effective under the group policy.
15             (12)  If  the  insurer  elects  to   provide   group
16        insurance  coverage  in  lieu  of a converted policy, the
17        benefit levels required for a converted  policy  must  be
18        applicable to such group insurance coverage.
19        (C)  The  requirements of this Section shall apply to any
20    group policy of  accident  and  health  insurance  delivered,
21    issued  for delivery, renewed or amended on or after 180 days
22    following the effective date of this Section."; and

23    by deleting all of pages 14 through 22; and

24    on page 23 by deleting lines 1 and 2; and

25    on  page  23  by  inserting  immediately  below  line  3  the
26    following:

27        "(215 ILCS 5/367e.1 new)
28        Sec.  367e.1.  Group  Accident   and   Health   Insurance
29    Conversion Privilege.
30        (A)  A  group policy which provides hospital, medical, or
31    major medical expense insurance, or any combination of  these
32    coverages,  on an expense-incurred basis, but not including a
 
                            -11-     LRB093 09245 JLS 14018 a
 1    policy which provides benefits for specific diseases  or  for
 2    accidental  injuries  only, shall provide that an employee or
 3    member (i) whose insurance under the group  policy  has  been
 4    terminated  for  any  reason other than discontinuance of the
 5    group policy in its entirety  where  there  is  a  succeeding
 6    carrier,  or  failure  of  the  employee or member to pay any
 7    required contribution; and (ii)  who  has  been  continuously
 8    insured  under  the  group policy (and under any group policy
 9    providing similar benefits which it replaces)  for  at  least
10    three  months  immediately  prior  to  termination,  shall be
11    entitled to have issued to him by the  insurer  a  policy  of
12    health  insurance  (hereafter  referred  to  as the converted
13    policy), subject to the following conditions:
14             (1)  Written application for  the  converted  policy
15        shall  be  made and the first premium paid to the insurer
16        not later than the latter  of  (i)  31  days  after  such
17        termination  or (ii) 15 days after the employee or member
18        has been given written notice of  the  existence  of  the
19        conversion  privilege, but in no event later than 60 days
20        after such termination.
21        Written notice presented to the employee or member by the
22        policyholder, or mailed by the policyholder to  the  last
23        known address of the employee or member, shall constitute
24        the giving of notice for the purpose of this provision.
25             (2)  The  converted  policy  shall be issued without
26        evidence of insurability.
27             (3)  The initial premium for  the  converted  policy
28        shall  be  determined  in  accordance  with the insurer's
29        table of premium rates applicable to the age and class of
30        risk of each person to be  covered  under  the  converted
31        policy  and  to  the  type  and  amount  of the insurance
32        provided. Conditions pertaining to health shall not be an
33        acceptable basis of classification for  the  purposes  of
34        this  subsection.  The frequency of premium payment shall
 
                            -12-     LRB093 09245 JLS 14018 a
 1        be the frequency customarily required by the insurer  for
 2        the  policy  form  and  plan  selected, provided that the
 3        insurer  shall  not   require   premium   payments   less
 4        frequently  than  quarterly  without  the  consent of the
 5        insured.
 6             (4)  The effective  date  of  the  converted  policy
 7        shall  be  the day following the termination of insurance
 8        under the group policy.
 9             (5)  The converted policy shall cover  the  employee
10        or  member  and  his  dependents  who were covered by the
11        group policy on the date of termination of insurance.  At
12        the option of the insurer, a  separate  converted  policy
13        may be issued to cover any dependent.
14             (6)  The  insurer  shall  not be required to issue a
15        converted policy covering any person if such person is or
16        could be covered by Medicare (Title XVIII of  the  United
17        States  Social  Security  Act  as  added  by  the  Social
18        Security  Amendments  of  1965  or  as  later  amended or
19        superseded).  Furthermore,  the  insurer  shall  not   be
20        required  to issue a converted policy covering any person
21        if (i) such person is covered  for  similar  benefits  by
22        another  hospital,  surgical,  medical,  or major medical
23        expense insurance policy or hospital or  medical  service
24        subscriber   contract   or   medical  practice  or  other
25        prepayment plan or by any other plan or program; or  (ii)
26        such  person is eligible for similar benefits (whether or
27        not covered therefor) under any arrangement  of  coverage
28        for  individuals  in  a  group,  whether on an insured or
29        uninsured basis; or (iii) similar benefits  are  provided
30        for  or  available  to  such  person,  pursuant  to or in
31        accordance with the requirements of any statute, and  the
32        benefits provided or available under the sources referred
33        to  in  (i),  (ii),  (iii) above for such person together
34        with the converted policy would result  in  overinsurance
 
                            -13-     LRB093 09245 JLS 14018 a
 1        according to the insurer's standards.
 2             (7)  In  the  event that coverage would be continued
 3        under the group  policy  on  an  employee  following  his
 4        retirement prior to the time he is or could be covered by
 5        Medicare,  he  may elect, in lieu of such continuation of
 6        such group insurance, to have the same conversion  rights
 7        as would apply had his insurance terminated at retirement
 8        by reason of termination of employment or membership.
 9             (8)  Subject  to the conditions set forth above, the
10        conversion privilege shall also be available (i)  to  the
11        surviving spouse, if any, at the death of the employee or
12        member,  with  respect  to  the  spouse and such children
13        whose coverage  under  the  group  policy  terminates  by
14        reason  of  such death, otherwise to each surviving child
15        whose coverage  under  the  group  policy  terminates  by
16        reason  of  such  death, or, if the group policy provides
17        for continuation of dependents'  coverage  following  the
18        employee's   or  member's  death,  at  the  end  of  such
19        continuation; (ii) to  the  spouse  of  the  employee  or
20        member  upon termination of coverage of the spouse, while
21        the employee or member remains insured  under  the  group
22        policy,  by  reason  of  ceasing to be a qualified family
23        member under the group policy, with respect to the spouse
24        and such children whose coverage under the  group  policy
25        terminates  at  the same time; or (iii) to a child solely
26        with respect to himself upon termination of his  coverage
27        by  reason  of  ceasing  to  be a qualified family member
28        under the group policy, if a conversion privilege is  not
29        otherwise   provided   above   with   respect   to   such
30        termination.
31             (9)  A  notification  of  the  conversion  privilege
32        shall be included in each certificate.
33             (10)  The   insurer   may  elect  to  provide  group
34        insurance coverage in lieu of the issuance of a converted
 
                            -14-     LRB093 09245 JLS 14018 a
 1        policy.
 2        (B)  A converted policy issued upon the exercise  of  the
 3    conversion  privilege  required  by  subsection  (A)  of this
 4    Section shall conform to the following minimum standards:
 5             (1)  If  the   group   policy   provided   hospital,
 6        surgical,  or medical expense insurance, or a combination
 7        thereof, the converted policy shall provide  benefits  on
 8        an  expense-incurred basis equal to the lesser of (i) the
 9        hospital room and board, miscellaneous hospital, surgical
10        and medical benefits provided under the group policy; and
11        (ii) the corresponding benefits described below:
12                  (a)  Hospital room and  board  benefits  in  an
13             amount  per  day  elected by the group policyholder,
14             but in no event less than 60% of  the  then  average
15             semi-private  hospital  room and board charge in the
16             State, such benefits to be payable for a maximum  of
17             not  less  than  70  days for any period of hospital
18             confinement, as defined in the converted policy.
19                  (b)  Miscellaneous hospital  benefits  for  any
20             one  period  of hospital confinement in an amount up
21             to twenty times the hospital room  and  board  daily
22             benefit provided under the converted policy.
23                  (c)  Surgical  benefits according to a surgical
24             schedule providing a benefit amount elected  by  the
25             group  policy  holder, but in no event less than 60%
26             of the then average surgical charge in the State and
27             with a  maximum  amount  appropriate  thereto.   The
28             maximum  surgical benefit shall be applicable to all
29             surgical operations of an individual resulting  from
30             or contributed to by the same and all related causes
31             occurring  in one period of disability.  Two or more
32             surgical procedures performed in  the  course  of  a
33             single  operation  through  the same incision, or in
34             the same natural body orifice, may be treated as one
 
                            -15-     LRB093 09245 JLS 14018 a
 1             surgical procedure with the  payment  determined  by
 2             the   scheduled   benefit  for  the  most  expensive
 3             procedure performed.  The surgical schedule shall be
 4             consistent   with   the   schedule   of   operations
 5             customarily offered by the insurer  under  group  or
 6             individual health insurance policies.
 7                  (d)  Non-surgical  medical  attendance benefits
 8             for in-hospital services in an amount elected by the
 9             group policyholder, but in no event less than 60% of
10             the  then  average  in-hospital  physician's   visit
11             charge in the State, such benefits may be limited to
12             one  visit  per day of hospitalization and a maximum
13             number of visits numbering not less than seventy for
14             any period of hospital confinement as defined in the
15             converted policy.
16             (2)  If the  group  policy  provided  major  medical
17        insurance,  the insurer may offer the insurance described
18        in (1) above only, major medical  insurance  only,  or  a
19        combination  of  the insurance described in (1) above and
20        major  medical  insurance.   If  the  insurer  elects  to
21        provide major medical  insurance,  the  converted  policy
22        shall provide:
23                  (a)  A maximum benefit at least equal to (i) or
24             (ii) below:
25                       (i)  A   maximum  payment  of  twenty-five
26                  thousand  dollars  for  all   covered   medical
27                  expenses  incurred  during the covered person's
28                  lifetime with  an  annual  restoration  of  the
29                  lesser  of,  while  coverage  is  in force, one
30                  thousand dollars and the amount counted against
31                  the maximum benefit which  was  not  previously
32                  restored; or
33                       (ii)  A  maximum  payment  of  twenty-five
34                  thousand  dollars  for each unrelated injury or
 
                            -16-     LRB093 09245 JLS 14018 a
 1                  illness.
 2                  (b)  Payment of benefits  for  covered  medical
 3             expenses, in excess of the deductible, at a rate not
 4             less than 80% except as otherwise permitted below.
 5                  (c)  A   deductible  for  each  benefit  period
 6             which, at the option of the insurer,  shall  be  (i)
 7             the  greater  of  $500  and the benefits deductible;
 8             (ii) the sum of the benefits deductible and $100; or
 9             (iii) the  corresponding  deductible  in  the  group
10             policy.   The term "benefit period," as used herein,
11             means, when the maximum payment is determined by (a)
12             (i) above, either a calendar year  or  a  period  of
13             twelve  consecutive  months;  and,  when the maximum
14             payment is determined by (a) (ii) above, a period of
15             twenty-four consecutive months.  The term  "benefits
16             deductible,"  as used herein, means the value of any
17             benefits provided on an expense-incurred basis which
18             are  provided  with  respect  to   covered   medical
19             expenses by any other hospital, surgical, or medical
20             insurance  policy  or  hospital  or  medical service
21             subscriber contract of  medical  practice  or  other
22             prepayment  plan,  or  any  other  plans  or program
23             whether on an insured or uninsured basis, or of  any
24             similar   benefits   which   are  provided  or  made
25             available pursuant to  or  in  accordance  with  the
26             requirements of any statute and, if, pursuant to the
27             provisions  of this subsection, the converted policy
28             provides both the coverage described  in  (1)  above
29             and  major  medical  insurance,  the  value  of  the
30             coverage  described  in  (1) above.  The insurer may
31             require that the deductible be  satisfied  during  a
32             period of not less than three months. If the maximum
33             payment  is  determined  by (a) (i) above, and if no
34             benefits become payable during the preceding benefit
 
                            -17-     LRB093 09245 JLS 14018 a
 1             period  due  to  the  cash  deductible   not   being
 2             satisfied;  credit shall be given, in the succeeding
 3             benefit period, to any expense  applied  toward  the
 4             cash  deductible of the preceding benefit period and
 5             incurred  during  the  last  three  months  of  such
 6             preceding benefit period, subject to any requirement
 7             that the deductible be satisfied during a  specified
 8             period of time.
 9                  (d)  The  term  "covered  medical expenses," as
10             used above, may  be  limited  (i)  in  the  case  of
11             hospital  room  and board benefits, maximum surgical
12             schedule,  and   non-surgical   medical   attendance
13             benefits  to  amounts  not  less  than  the  amounts
14             provided  in (1) (a), (1) (c) and (1) (d) above; and
15             (ii) in the case of  mental  and  nervous  condition
16             treatments  while  the  patient  is  not  a hospital
17             in-patient,  to  co-insurance  of  50%,  a   maximum
18             benefit   of   $500  per  calendar  year  or  twelve
19             consecutive month periods subject to  the  inclusion
20             by the insurer of reasonable limits on the number of
21             visits  and  the  maximum  permissible  expense  per
22             visit.
23             (3)  The converted policy may contain any exclusion,
24        reduction,  or  limitation  contained in the group policy
25        and any exclusion, reduction, or  limitation  customarily
26        used in individual accident and health policies delivered
27        or issued for delivery in this state.  It is not required
28        that  the  converted  policy  contain  all of the covered
29        medical  expenses  or  the  same  level  of  benefits  as
30        provided in the group policy.
31             (4)  The insurer may,  at  its  option,  also  offer
32        alternative   plans   for   group   accident  and  health
33        conversion.
34             (5)  The  converted  policy  may  only   exclude   a
 
                            -18-     LRB093 09245 JLS 14018 a
 1        pre-existing  condition  excluded  by  the  group policy.
 2        Any hospital, surgical, medical or major medical benefits
 3        payable under the converted policy may be reduced by  the
 4        amount  of  any  such  benefits  payable  under the group
 5        policy  after  the  termination   of   the   individual's
 6        insurance thereunder and, during the first policy year of
 7        such  converted  policy,  the  benefits payable under the
 8        converted policy may be so reduced so that they  are  not
 9        in  excess  of  the benefits that would have been payable
10        had the individual's insurance  under  the  group  policy
11        remained in force and effect.
12             (6)  The   converted  policy  may  provide  for  the
13        termination of coverage thereunder of any person when  he
14        is  or  could  be covered by Medicare (Title XVIII of the
15        United States Social Security Act as added by the  Social
16        Security  Amendments  of  1965  or  as  later  amended or
17        superseded).
18             (7)  The  converted  policy  may  provide  that  the
19        insurer  may  request  information  from  the   converted
20        policyholder,  in  advance of any premium due date of the
21        converted policy, to determine whether any person covered
22        thereunder (i) is covered for similar benefits by another
23        hospital, surgical, medical,  or  major  medical  expense
24        insurance   policy   or   hospital   or  medical  service
25        subscriber  contract  or  medical   practice   or   other
26        prepayment  plan or by any other plan or program; or (ii)
27        is eligible for similar benefits (whether or not  covered
28        therefor)   under   any   arrangement   of  coverage  for
29        individuals  in  a  group,  whether  on  an  insured   or
30        uninsured  basis;  or (iii) has similar benefits provided
31        for or available  to  such  person,  pursuant  to  or  in
32        accordance  with  the  requirements  of any statute.  The
33        converted policy may also provide that the  insurer  need
34        not  renew  the  converted  policy or the coverage of any
 
                            -19-     LRB093 09245 JLS 14018 a
 1        person insured thereunder if either the benefits provided
 2        or available under the sources referred to in (i),  (ii),
 3        (iii)  above for such person, together with the converted
 4        policy, would result in overinsurance  according  to  the
 5        insurer's  standards,  or  if  the converted policyholder
 6        refuses to provide the requested information.
 7             (8)  The converted  policy  shall  not  contain  any
 8        provision  allowing  the  insurer  to  non-renew due to a
 9        change in the health of an insured.
10             (9)  The converted policy may contain any provisions
11        permitted  herein  and  may  also   include   any   other
12        provisions   not   expressly   prohibited   by  law.  Any
13        provisions required or permitted herein  may  be  made  a
14        part  of  the converted policy by means of an endorsement
15        or rider.
16             (10)  In the conversion of group health insurance in
17        accordance with the provisions of subsection  (A)  above,
18        the insurer may, at its option, accomplish the conversion
19        by issuing one or more converted policies.
20             (11)  With  respect to any person who was covered by
21        the group policy, the period specified in the Time  Limit
22        on  Certain  Defenses  provisions of the converted policy
23        shall commence  with  the  date  the  person's  insurance
24        became effective under the group policy.
25             (12)  If   the   insurer  elects  to  provide  group
26        insurance coverage in lieu of  a  converted  policy,  the
27        benefit  levels  required  for a converted policy must be
28        applicable to such group insurance coverage.
29        (C)  The requirements of this Section shall apply to  any
30    group  policy  of  accident  and  health insurance delivered,
31    issued for delivery, renewed or amended on or after 180  days
32    following the effective date of this Section."; and

33    on page 23 by replacing line 5 with the following:
34    "amended by changing Sections 4-9.2 and 5-3 as follows:
 
                            -20-     LRB093 09245 JLS 14018 a
 1        (215 ILCS 125/4-9.2) (from Ch. 111 1/2, par. 1409.2-2)
 2        Sec.  4-9.2.  Continuation  of  group  HMO coverage after
 3    termination of  employee  or  membership.  A  group  contract
 4    delivered,  issued for delivery, renewed,  or amended in this
 5    State that  covers  employees  or  members  for  health  care
 6    services  shall  provide  that  employees  or  members  whose
 7    coverage  under  the group contract would otherwise terminate
 8    because of termination of employment or membership or because
 9    of a reduction in hours below the  minimum  required  by  the
10    group  contract  shall be entitled to continue their coverage
11    under that group contract, for themselves and their  eligible
12    dependents,  subject to all of the group contract's terms and
13    conditions applicable to those forms of coverage and  to  the
14    following conditions:
15             (1)  Continuation  shall  only  be  available  to an
16        employee or member  who  has  been  continuously  covered
17        under  the group contract (and for similar benefits under
18        any group contract that it replaced) during the entire  3
19        month period ending with the termination of employment or
20        membership  or  reduction  in  hours  below  the  minimum
21        required by the group contract.
22             (2)  Continuation  shall  not  be  available for any
23        enrollee who is covered by  Medicare,  except  for  those
24        individuals  who have been covered under a group Medicare
25        supplement policy. Continuation shall  not  be  available
26        for  any  enrollee who is covered by any other insured or
27        uninsured  plan  that  provides  hospital,  surgical,  or
28        medical coverage for individuals in  a  group  and  under
29        which  the  enrollee  was  not covered immediately before
30        termination or  reduction  in  hours  below  the  minimum
31        required  by  the  group contract or who exercises his or
32        her conversion privilege under the group policy.
33             (3)  Continuation need not  include  dental,  vision
34        care,   prescription   drug,   or  similar  supplementary
 
                            -21-     LRB093 09245 JLS 14018 a
 1        benefits that are provided under the  group  contract  in
 2        addition to its basic health care services.
 3             (4)  Upon  termination  or  reduction in hours below
 4        the minimum  required  by  the  group  contract,  written
 5        notice of continuation shall be presented to the employee
 6        or  member  by  the employer or mailed by the employer to
 7        the last known address of the employee.  An  employee  or
 8        member  who  wishes continuation of coverage must request
 9        continuation  in  writing  within  the  10   day   period
10        following  the  later  of  (i) the date of termination or
11        reduction in hours below  the  minimum  required  by  the
12        group  contract  or  (ii)  the date the employee is given
13        written notice of the right of continuation by either the
14        employer or the group policyholder. In no event, however,
15        shall the employee or member elect continuation more than
16        60 days after the date of  termination  or  reduction  in
17        hours  below  the minimum required by the group contract.
18        Written notice of continuation presented to the  employee
19        or   member   by  the  policyholder,  or  mailed  by  the
20        policyholder to the last known address of  the  employee,
21        shall  constitute the giving of notice for the purpose of
22        this paragraph.
23             (5)  An employee  or  member  electing  continuation
24        must  pay to the group policyholder or his employer, on a
25        monthly basis in advance, the  total  amount  of  premium
26        required  by  the  HMO,  including  that  portion  of the
27        premium contributed by the policyholder or  employer,  if
28        any,  but  not  more than the group rate for the coverage
29        being continued with appropriate reduction in premium for
30        any supplementary benefits that  have  been  discontinued
31        under  paragraph  (3)  of  this Section. The premium rate
32        required by the  HMO  shall  be  the  applicable  premium
33        required on the due date of each payment.
34             (6)  Continuation   of   coverage  under  the  group
 
                            -22-     LRB093 09245 JLS 14018 a
 1        contract for any person shall terminate when  the  person
 2        becomes  eligible for Medicare or is covered by any other
 3        insured  or  uninsured  plan  that   provides   hospital,
 4        surgical,  or medical coverage for individuals in a group
 5        and under which the person was  not  covered  immediately
 6        before   termination  or  reduction  in  hours  below the
 7        minimum required by the group  contract  as  provided  in
 8        paragraph  (2)  of  this  Section  or, if earlier, at the
 9        first to occur of the following:
10                  (a)  The  expiration  of  9  months  after  the
11             employee's   or   member's   coverage   because   of
12             termination of employment or membership or reduction
13             in hours below the minimum  required  by  the  group
14             contract.
15                  (b)  If  the  employee  or member fails to make
16             timely payment of a required contribution,  the  end
17             of the period for which contributions were made.
18                  (c)  The  date  on  which the group contract is
19             terminated or, in the case of an employee, the  date
20             his  or  her employer terminates participation under
21             the group  contract.  If,  however,  this  paragraph
22             applies  and  the  coverage  ceasing  by  reason  of
23             termination  is  replaced  by similar coverage under
24             another group contract, then  (i)  the  employee  or
25             member  shall have the right to become covered under
26             the replacement group contract for  the  balance  of
27             the  period  that  he  or  she  would  have remained
28             covered under the prior group contract in accordance
29             with paragraph (6) had a  termination  described  in
30             this  item (c) not occurred and (ii) the prior group
31             contract shall continue to provide benefits  to  the
32             extent  of its accrued liabilities and extensions of
33             benefits as if the replacement had not occurred.
34             (7)  A notification of  the  continuation  privilege
 
                            -23-     LRB093 09245 JLS 14018 a
 1        shall be included in each evidence of coverage.
 2             (8)  Continuation  shall  not  be  available for any
 3        employee who was discharged because of the commission  of
 4        a  felony  in connection with his or her work, or because
 5        of theft in connection with his or her  work,  for  which
 6        the  employer  was  in no way responsible if the employee
 7        (i) admitted to committing the felony or  theft  or  (ii)
 8        was  convicted  or placed under supervision by a court of
 9        competent jurisdiction.
10             The requirements of  this  amendatory  Act  of  1992
11        shall  apply  to  any  group contract, as defined in this
12        Section, delivered or issued for delivery on or after 180
13        days following the effective date of this amendatory  Act
14        of 1992.
15    (Source: P.A. 87-1090.)".