Illinois General Assembly - Full Text of HB0317
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Full Text of HB0317  102nd General Assembly

HB0317 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0317

 

Introduced 1/29/2021, by Rep. Thaddeus Jones

 

SYNOPSIS AS INTRODUCED:
 
215 ILCS 5/352  from Ch. 73, par. 964

    Amends the Illinois Insurance Code to provide that an air ambulance service or other entity that directly or indirectly, whether through an affiliated entity, agreement with a third-party entity, or otherwise, solicits air ambulance membership subscriptions, accepts membership applications, or charges membership fees, is an insurer. Provides that air ambulance memberships shall be considered insurance and an insurance product and may be considered a supplement to any insurance coverage and shall be regulated accordingly by the Department of Insurance. Effective immediately.


LRB102 09996 BMS 15314 b

 

 

A BILL FOR

 

HB0317LRB102 09996 BMS 15314 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Insurance Code is amended by
5changing Section 352 as follows:
 
6    (215 ILCS 5/352)  (from Ch. 73, par. 964)
7    Sec. 352. Scope of Article.
8    (a) Except as provided in subsections (b), (c), (d), and
9(e), this Article shall apply to all companies transacting in
10this State the kinds of business enumerated in clause (b) of
11Class 1 and clause (a) of Class 2 of Section 4. Nothing in this
12Article shall apply to, or in any way affect policies or
13contracts described in clause (a) of Class 1 of Section 4;
14however, this Article shall apply to policies and contracts
15which contain benefits providing reimbursement for the
16expenses of long term health care which are certified or
17ordered by a physician including but not limited to
18professional nursing care, custodial nursing care, and
19non-nursing custodial care provided in a nursing home or at a
20residence of the insured.
21    (a-5) An air ambulance service or other entity that
22directly or indirectly, whether through an affiliated entity,
23agreement with a third-party entity, or otherwise, solicits

 

 

HB0317- 2 -LRB102 09996 BMS 15314 b

1air ambulance membership subscriptions, accepts membership
2applications, or charges membership fees, is an insurer. An
3air ambulance membership shall be considered insurance and an
4insurance product and may be considered secondary insurance
5coverage or a supplement to any insurance coverage and shall
6be regulated accordingly by the Department of Insurance.
7    (b) (Blank).
8    (c) A policy issued and delivered in this State that
9provides coverage under that policy for certificate holders
10who are neither residents of nor employed in this State does
11not need to provide to those nonresident certificate holders
12who are not employed in this State the coverages or services
13mandated by this Article.
14    (d) Stop-loss insurance is exempt from all Sections of
15this Article, except this Section and Sections 353a, 354,
16357.30, and 370. For purposes of this exemption, stop-loss
17insurance is further defined as follows:
18        (1) The policy must be issued to and insure an
19    employer, trustee, or other sponsor of the plan, or the
20    plan itself, but not employees, members, or participants.
21        (2) Payments by the insurer must be made to the
22    employer, trustee, or other sponsors of the plan, or the
23    plan itself, but not to the employees, members,
24    participants, or health care providers.
25    (e) A policy issued or delivered in this State to the
26Department of Healthcare and Family Services (formerly

 

 

HB0317- 3 -LRB102 09996 BMS 15314 b

1Illinois Department of Public Aid) and providing coverage,
2under clause (b) of Class 1 or clause (a) of Class 2 as
3described in Section 4, to persons who are enrolled under
4Article V of the Illinois Public Aid Code or under the
5Children's Health Insurance Program Act is exempt from all
6restrictions, limitations, standards, rules, or regulations
7respecting benefits imposed by or under authority of this
8Code, except those specified by subsection (1) of Section 143,
9Section 370c, and Section 370c.1. Nothing in this subsection,
10however, affects the total medical services available to
11persons eligible for medical assistance under the Illinois
12Public Aid Code.
13    (f) An in-office membership care agreement provided under
14the In-Office Membership Care Act is not insurance for the
15purposes of this Code.
16(Source: P.A. 101-190, eff. 8-2-19.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.