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Full Text of HB4876  101st General Assembly

HB4876 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4876

 

Introduced 2/18/2020, by Rep. Diane Pappas

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1069.3
65 ILCS 5/10-4-2.3
215 ILCS 5/356z.43 new
215 ILCS 125/5-3  from Ch. 111 1/2, par. 1411.2

    Amends the Illinois Insurance Code to require a group policy of accident and health insurance that is amended, delivered, issued, or renewed on or after January 1, 2021 to provide coverage for a colonoscopy that is a follow-up exam based on an initial screen where the colonoscopy was determined to be medically necessary by a physician licensed to practice medicine in all its branches, an advanced practice registered nurse, or a physician assistant. Provides that a group insurance policy shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on colonoscopy coverage, except to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account under the Internal Revenue Code. Makes conforming changes in the Counties Code, the Illinois Municipal Code, and the Health Maintenance Organization Act. Effective January 1, 2021.


LRB101 17472 BMS 66882 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB4876LRB101 17472 BMS 66882 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-1069.3 as follows:
 
6    (55 ILCS 5/5-1069.3)
7    (Text of Section before amendment by P.A. 101-625)
8    Sec. 5-1069.3. Required health benefits. If a county,
9including a home rule county, is a self-insurer for purposes of
10providing health insurance coverage for its employees, the
11coverage shall include coverage for the post-mastectomy care
12benefits required to be covered by a policy of accident and
13health insurance under Section 356t and the coverage required
14under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,
15356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
16356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
17356z.30a, and 356z.32, and 356z.33, 356z.36, and 356z.43 of the
18Illinois Insurance Code. The coverage shall comply with
19Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
20Insurance Code. The Department of Insurance shall enforce the
21requirements of this Section. The requirement that health
22benefits be covered as provided in this Section is an exclusive
23power and function of the State and is a denial and limitation

 

 

HB4876- 2 -LRB101 17472 BMS 66882 b

1under Article VII, Section 6, subsection (h) of the Illinois
2Constitution. A home rule county to which this Section applies
3must comply with every provision of this Section.
4    Rulemaking authority to implement Public Act 95-1045, if
5any, is conditioned on the rules being adopted in accordance
6with all provisions of the Illinois Administrative Procedure
7Act and all rules and procedures of the Joint Committee on
8Administrative Rules; any purported rule not so adopted, for
9whatever reason, is unauthorized.
10(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
11100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
121-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
13eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20;
14revised 10-16-19.)
 
15    (Text of Section after amendment by P.A. 101-625)
16    Sec. 5-1069.3. Required health benefits. If a county,
17including a home rule county, is a self-insurer for purposes of
18providing health insurance coverage for its employees, the
19coverage shall include coverage for the post-mastectomy care
20benefits required to be covered by a policy of accident and
21health insurance under Section 356t and the coverage required
22under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,
23356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
24356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
25356z.30a, 356z.32, 356z.33, 356z.36, and 356z.41, and 356z.43

 

 

HB4876- 3 -LRB101 17472 BMS 66882 b

1of the Illinois Insurance Code. The coverage shall comply with
2Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
3Insurance Code. The Department of Insurance shall enforce the
4requirements of this Section. The requirement that health
5benefits be covered as provided in this Section is an exclusive
6power and function of the State and is a denial and limitation
7under Article VII, Section 6, subsection (h) of the Illinois
8Constitution. A home rule county to which this Section applies
9must comply with every provision of this Section.
10    Rulemaking authority to implement Public Act 95-1045, if
11any, is conditioned on the rules being adopted in accordance
12with all provisions of the Illinois Administrative Procedure
13Act and all rules and procedures of the Joint Committee on
14Administrative Rules; any purported rule not so adopted, for
15whatever reason, is unauthorized.
16(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
17100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
181-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
19eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20;
20101-625, eff. 1-1-21.)
 
21    Section 10. The Illinois Municipal Code is amended by
22changing Section 10-4-2.3 as follows:
 
23    (65 ILCS 5/10-4-2.3)
24    (Text of Section before amendment by P.A. 101-625)

 

 

HB4876- 4 -LRB101 17472 BMS 66882 b

1    Sec. 10-4-2.3. Required health benefits. If a
2municipality, including a home rule municipality, is a
3self-insurer for purposes of providing health insurance
4coverage for its employees, the coverage shall include coverage
5for the post-mastectomy care benefits required to be covered by
6a policy of accident and health insurance under Section 356t
7and the coverage required under Sections 356g, 356g.5,
8356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10,
9356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25,
10356z.26, 356z.29, 356z.30a, and 356z.32, and 356z.33, 356z.36,
11and 356z.43 of the Illinois Insurance Code. The coverage shall
12comply with Sections 155.22a, 355b, 356z.19, and 370c of the
13Illinois Insurance Code. The Department of Insurance shall
14enforce the requirements of this Section. The requirement that
15health benefits be covered as provided in this is an exclusive
16power and function of the State and is a denial and limitation
17under Article VII, Section 6, subsection (h) of the Illinois
18Constitution. A home rule municipality to which this Section
19applies must comply with every provision of this Section.
20    Rulemaking authority to implement Public Act 95-1045, if
21any, is conditioned on the rules being adopted in accordance
22with all provisions of the Illinois Administrative Procedure
23Act and all rules and procedures of the Joint Committee on
24Administrative Rules; any purported rule not so adopted, for
25whatever reason, is unauthorized.
26(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;

 

 

HB4876- 5 -LRB101 17472 BMS 66882 b

1100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
21-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
3eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20;
4revised 10-16-19.)
 
5    (Text of Section after amendment by P.A. 101-625)
6    Sec. 10-4-2.3. Required health benefits. If a
7municipality, including a home rule municipality, is a
8self-insurer for purposes of providing health insurance
9coverage for its employees, the coverage shall include coverage
10for the post-mastectomy care benefits required to be covered by
11a policy of accident and health insurance under Section 356t
12and the coverage required under Sections 356g, 356g.5,
13356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10,
14356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25,
15356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, and
16356z.41, and 356z.43 of the Illinois Insurance Code. The
17coverage shall comply with Sections 155.22a, 355b, 356z.19, and
18370c of the Illinois Insurance Code. The Department of
19Insurance shall enforce the requirements of this Section. The
20requirement that health benefits be covered as provided in this
21is an exclusive power and function of the State and is a denial
22and limitation under Article VII, Section 6, subsection (h) of
23the Illinois Constitution. A home rule municipality to which
24this Section applies must comply with every provision of this
25Section.

 

 

HB4876- 6 -LRB101 17472 BMS 66882 b

1    Rulemaking authority to implement Public Act 95-1045, if
2any, is conditioned on the rules being adopted in accordance
3with all provisions of the Illinois Administrative Procedure
4Act and all rules and procedures of the Joint Committee on
5Administrative Rules; any purported rule not so adopted, for
6whatever reason, is unauthorized.
7(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
8100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
91-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
10eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20;
11101-625, eff. 1-1-21.)
 
12    Section 15. The Illinois Insurance Code is amended by
13adding Section 356z.43 as follows:
 
14    (215 ILCS 5/356z.43 new)
15    Sec. 356z.43. Colonoscopy coverage.
16    (a) A group policy of accident and health insurance that is
17amended, delivered, issued, or renewed on or after January 1,
182021 shall provide coverage for a colonoscopy that is a
19follow-up exam based on an initial screen where the colonoscopy
20was determined to be medically necessary by a physician
21licensed to practice medicine in all its branches, an advanced
22practice registered nurse, or a physician assistant.
23    (b) A policy subject to this Section shall not impose a
24deductible, coinsurance, copayment, or any other cost-sharing

 

 

HB4876- 7 -LRB101 17472 BMS 66882 b

1requirement on the coverage provided; except that this
2subsection does not apply to coverage of colonoscopies to the
3extent such coverage would disqualify a high-deductible health
4plan from eligibility for a health savings account pursuant to
5Section 223 of the Internal Revenue Code.
 
6    Section 20. The Health Maintenance Organization Act is
7amended by changing Section 5-3 as follows:
 
8    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)
9    (Text of Section before amendment by P.A. 101-625)
10    Sec. 5-3. Insurance Code provisions.
11    (a) Health Maintenance Organizations shall be subject to
12the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
13141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
14154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,
15355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4,
16356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
17356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19,
18356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30,
19356z.30a, 356z.32, 356z.33, 356z.35, 356z.36, 356z.43, 364,
20364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, 368e,
21370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412,
22444, and 444.1, paragraph (c) of subsection (2) of Section 367,
23and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV,
24XXVI, and XXXIIB of the Illinois Insurance Code.

 

 

HB4876- 8 -LRB101 17472 BMS 66882 b

1    (b) For purposes of the Illinois Insurance Code, except for
2Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
3Maintenance Organizations in the following categories are
4deemed to be "domestic companies":
5        (1) a corporation authorized under the Dental Service
6    Plan Act or the Voluntary Health Services Plans Act;
7        (2) a corporation organized under the laws of this
8    State; or
9        (3) a corporation organized under the laws of another
10    state, 30% or more of the enrollees of which are residents
11    of this State, except a corporation subject to
12    substantially the same requirements in its state of
13    organization as is a "domestic company" under Article VIII
14    1/2 of the Illinois Insurance Code.
15    (c) In considering the merger, consolidation, or other
16acquisition of control of a Health Maintenance Organization
17pursuant to Article VIII 1/2 of the Illinois Insurance Code,
18        (1) the Director shall give primary consideration to
19    the continuation of benefits to enrollees and the financial
20    conditions of the acquired Health Maintenance Organization
21    after the merger, consolidation, or other acquisition of
22    control takes effect;
23        (2)(i) the criteria specified in subsection (1)(b) of
24    Section 131.8 of the Illinois Insurance Code shall not
25    apply and (ii) the Director, in making his determination
26    with respect to the merger, consolidation, or other

 

 

HB4876- 9 -LRB101 17472 BMS 66882 b

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

 

 

HB4876- 10 -LRB101 17472 BMS 66882 b

1its health care certificates).
2    (e) In considering any management contract or service
3agreement subject to Section 141.1 of the Illinois Insurance
4Code, the Director (i) shall, in addition to the criteria
5specified in Section 141.2 of the Illinois Insurance Code, take
6into account the effect of the management contract or service
7agreement on the continuation of benefits to enrollees and the
8financial condition of the health maintenance organization to
9be managed or serviced, and (ii) need not take into account the
10effect of the management contract or service agreement on
11competition.
12    (f) Except for small employer groups as defined in the
13Small Employer Rating, Renewability and Portability Health
14Insurance Act and except for medicare supplement policies as
15defined in Section 363 of the Illinois Insurance Code, a Health
16Maintenance Organization may by contract agree with a group or
17other enrollment unit to effect refunds or charge additional
18premiums under the following terms and conditions:
19        (i) the amount of, and other terms and conditions with
20    respect to, the refund or additional premium are set forth
21    in the group or enrollment unit contract agreed in advance
22    of the period for which a refund is to be paid or
23    additional premium is to be charged (which period shall not
24    be less than one year); and
25        (ii) the amount of the refund or additional premium
26    shall not exceed 20% of the Health Maintenance

 

 

HB4876- 11 -LRB101 17472 BMS 66882 b

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

 

 

HB4876- 12 -LRB101 17472 BMS 66882 b

1Organization Guaranty Association be liable to pay any
2contractual obligation of an insolvent organization to pay any
3refund authorized under this Section.
4    (g) Rulemaking authority to implement Public Act 95-1045,
5if any, is conditioned on the rules being adopted in accordance
6with all provisions of the Illinois Administrative Procedure
7Act and all rules and procedures of the Joint Committee on
8Administrative Rules; any purported rule not so adopted, for
9whatever reason, is unauthorized.
10(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
11100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.
121-1-19; 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19; 101-81,
13eff. 7-12-19; 101-281, eff. 1-1-20; 101-371, eff. 1-1-20;
14101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
151-1-20; revised 10-16-19.)
 
16    (Text of Section after amendment by P.A. 101-625)
17    Sec. 5-3. Insurance Code provisions.
18    (a) Health Maintenance Organizations shall be subject to
19the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
20141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
21154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,
22355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4,
23356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
24356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19,
25356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30,

 

 

HB4876- 13 -LRB101 17472 BMS 66882 b

1356z.30a, 356z.32, 356z.33, 356z.35, 356z.36, 356z.41,
2356z.43, 364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c,
3368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408,
4408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection
5(2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2,
6XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois Insurance
7Code.
8    (b) For purposes of the Illinois Insurance Code, except for
9Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
10Maintenance Organizations in the following categories are
11deemed to be "domestic companies":
12        (1) a corporation authorized under the Dental Service
13    Plan Act or the Voluntary Health Services Plans Act;
14        (2) a corporation organized under the laws of this
15    State; or
16        (3) a corporation organized under the laws of another
17    state, 30% or more of the enrollees of which are residents
18    of this State, except a corporation subject to
19    substantially the same requirements in its state of
20    organization as is a "domestic company" under Article VIII
21    1/2 of the Illinois Insurance Code.
22    (c) In considering the merger, consolidation, or other
23acquisition of control of a Health Maintenance Organization
24pursuant to Article VIII 1/2 of the Illinois Insurance Code,
25        (1) the Director shall give primary consideration to
26    the continuation of benefits to enrollees and the financial

 

 

HB4876- 14 -LRB101 17472 BMS 66882 b

1    conditions of the acquired Health Maintenance Organization
2    after the merger, consolidation, or other acquisition of
3    control takes effect;
4        (2)(i) the criteria specified in subsection (1)(b) of
5    Section 131.8 of the Illinois Insurance Code shall not
6    apply and (ii) the Director, in making his determination
7    with respect to the merger, consolidation, or other
8    acquisition of control, need not take into account the
9    effect on competition of the merger, consolidation, or
10    other acquisition of control;
11        (3) the Director shall have the power to require the
12    following information:
13            (A) certification by an independent actuary of the
14        adequacy of the reserves of the Health Maintenance
15        Organization sought to be acquired;
16            (B) pro forma financial statements reflecting the
17        combined balance sheets of the acquiring company and
18        the Health Maintenance Organization sought to be
19        acquired as of the end of the preceding year and as of
20        a date 90 days prior to the acquisition, as well as pro
21        forma financial statements reflecting projected
22        combined operation for a period of 2 years;
23            (C) a pro forma business plan detailing an
24        acquiring party's plans with respect to the operation
25        of the Health Maintenance Organization sought to be
26        acquired for a period of not less than 3 years; and

 

 

HB4876- 15 -LRB101 17472 BMS 66882 b

1            (D) such other information as the Director shall
2        require.
3    (d) The provisions of Article VIII 1/2 of the Illinois
4Insurance Code and this Section 5-3 shall apply to the sale by
5any health maintenance organization of greater than 10% of its
6enrollee population (including without limitation the health
7maintenance organization's right, title, and interest in and to
8its health care certificates).
9    (e) In considering any management contract or service
10agreement subject to Section 141.1 of the Illinois Insurance
11Code, the Director (i) shall, in addition to the criteria
12specified in Section 141.2 of the Illinois Insurance Code, take
13into account the effect of the management contract or service
14agreement on the continuation of benefits to enrollees and the
15financial condition of the health maintenance organization to
16be managed or serviced, and (ii) need not take into account the
17effect of the management contract or service agreement on
18competition.
19    (f) Except for small employer groups as defined in the
20Small Employer Rating, Renewability and Portability Health
21Insurance Act and except for medicare supplement policies as
22defined in Section 363 of the Illinois Insurance Code, a Health
23Maintenance Organization may by contract agree with a group or
24other enrollment unit to effect refunds or charge additional
25premiums under the following terms and conditions:
26        (i) the amount of, and other terms and conditions with

 

 

HB4876- 16 -LRB101 17472 BMS 66882 b

1    respect to, the refund or additional premium are set forth
2    in the group or enrollment unit contract agreed in advance
3    of the period for which a refund is to be paid or
4    additional premium is to be charged (which period shall not
5    be less than one year); and
6        (ii) the amount of the refund or additional premium
7    shall not exceed 20% of the Health Maintenance
8    Organization's profitable or unprofitable experience with
9    respect to the group or other enrollment unit for the
10    period (and, for purposes of a refund or additional
11    premium, the profitable or unprofitable experience shall
12    be calculated taking into account a pro rata share of the
13    Health Maintenance Organization's administrative and
14    marketing expenses, but shall not include any refund to be
15    made or additional premium to be paid pursuant to this
16    subsection (f)). The Health Maintenance Organization and
17    the group or enrollment unit may agree that the profitable
18    or unprofitable experience may be calculated taking into
19    account the refund period and the immediately preceding 2
20    plan years.
21    The Health Maintenance Organization shall include a
22statement in the evidence of coverage issued to each enrollee
23describing the possibility of a refund or additional premium,
24and upon request of any group or enrollment unit, provide to
25the group or enrollment unit a description of the method used
26to calculate (1) the Health Maintenance Organization's

 

 

HB4876- 17 -LRB101 17472 BMS 66882 b

1profitable experience with respect to the group or enrollment
2unit and the resulting refund to the group or enrollment unit
3or (2) the Health Maintenance Organization's unprofitable
4experience with respect to the group or enrollment unit and the
5resulting additional premium to be paid by the group or
6enrollment unit.
7    In no event shall the Illinois Health Maintenance
8Organization Guaranty Association be liable to pay any
9contractual obligation of an insolvent organization to pay any
10refund authorized under this Section.
11    (g) Rulemaking authority to implement Public Act 95-1045,
12if any, is conditioned on the rules being adopted in accordance
13with all provisions of the Illinois Administrative Procedure
14Act and all rules and procedures of the Joint Committee on
15Administrative Rules; any purported rule not so adopted, for
16whatever reason, is unauthorized.
17(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
18100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff.
191-1-19; 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19; 101-81,
20eff. 7-12-19; 101-281, eff. 1-1-20; 101-371, eff. 1-1-20;
21101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
221-1-20; 101-625, eff. 1-1-21.)
 
23    Section 95. No acceleration or delay. Where this Act makes
24changes in a statute that is represented in this Act by text
25that is not yet or no longer in effect (for example, a Section

 

 

HB4876- 18 -LRB101 17472 BMS 66882 b

1represented by multiple versions), the use of that text does
2not accelerate or delay the taking effect of (i) the changes
3made by this Act or (ii) provisions derived from any other
4Public Act.
 
5    Section 99. Effective date. This Act takes effect January
61, 2021.