State of Illinois
90th General Assembly
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90_SB0296

      215 ILCS 5/356b           from Ch. 73, par. 968b
          Amends the  Illinois  Insurance  Code.   Adds  a  Section
      caption to a Section concerning dependent coverage.
                                                     LRB9000788JSgc
                                               LRB9000788JSgc
 1        AN  ACT  to amend the Illinois Insurance Code by changing
 2    Section 356b.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois  Insurance Code is amended by
 6    changing Section 356b as follows:
 7        (215 ILCS 5/356b) (from Ch. 73, par. 968b)
 8        (Text of Section before amendment by P.A. 89-507)
 9        Sec. 356b.  Dependents; termination of coverage.
10        (a)  This Section applies to  the  hospital  and  medical
11    expense provisions of an accident or health insurance policy.
12        (b)  If  a  policy  provides that coverage of a dependent
13    person terminates upon attainment of  the  limiting  age  for
14    dependent  persons specified in the policy, the attainment of
15    such limiting age does not operate to terminate the  hospital
16    and   medical   coverage  of  a  person  who,  because  of  a
17    handicapped condition that occurred before attainment of  the
18    limiting  age, is incapable of self-sustaining employment and
19    is dependent on his or her parents or  other  care  providers
20    for lifetime care and supervision.
21        (c)  For  purposes of subsection (b), "dependent on other
22    care  providers"  is  defined  as   requiring   a   Community
23    Integrated   Living   Arrangement,   group  home,  supervised
24    apartment,  or  other  residential   services   licensed   or
25    certified   by   the   Department   of   Mental   Health  and
26    Developmental Disabilities, the Department of Public  Health,
27    or the Department of Public Aid.
28        (d)  The insurer may inquire of the policyholder 2 months
29    prior  to  attainment  by a dependent of the limiting age set
30    forth in the policy, or at any  reasonable  time  thereafter,
31    whether  such  dependent  is in fact a disabled and dependent
                            -2-                LRB9000788JSgc
 1    person and, in the absence of proof submitted within 60  days
 2    of  such  inquiry  that  such  dependent  is  a  disabled and
 3    dependent person may terminate coverage of such person at  or
 4    after  attainment of the limiting age. In the absence of such
 5    inquiry, coverage of any disabled and dependent person  shall
 6    continue  through the term of such policy or any extension or
 7    renewal thereof.
 8        (e)  This  amendatory  Act  of  1969  is  applicable   to
 9    policies  issued  or  renewed  more  than  60  days after the
10    effective date of this amendatory Act of 1969.
11    (Source: P.A. 88-309.)
12        (Text of Section after amendment by P.A. 89-507)
13        Sec. 356b. Dependents; termination of coverage.
14        (a)  This Section applies to  the  hospital  and  medical
15    expense provisions of an accident or health insurance policy.
16        (b)  If  a  policy  provides that coverage of a dependent
17    person terminates upon attainment of  the  limiting  age  for
18    dependent  persons specified in the policy, the attainment of
19    such limiting age does not operate to terminate the  hospital
20    and   medical   coverage  of  a  person  who,  because  of  a
21    handicapped condition that occurred before attainment of  the
22    limiting  age, is incapable of self-sustaining employment and
23    is dependent on his or her parents or  other  care  providers
24    for lifetime care and supervision.
25        (c)  For  purposes of subsection (b), "dependent on other
26    care  providers"  is  defined  as   requiring   a   Community
27    Integrated   Living   Arrangement,   group  home,  supervised
28    apartment,  or  other  residential   services   licensed   or
29    certified  by  the Department of Human Services (as successor
30    to  the  Department  of  Mental  Health   and   Developmental
31    Disabilities),  the  Department  of  Public  Health,  or  the
32    Department of Public Aid.
33        (d)  The insurer may inquire of the policyholder 2 months
34    prior  to  attainment  by a dependent of the limiting age set
                            -3-                LRB9000788JSgc
 1    forth in the policy, or at any  reasonable  time  thereafter,
 2    whether  such  dependent  is in fact a disabled and dependent
 3    person and, in the absence of proof submitted within 60  days
 4    of  such  inquiry  that  such  dependent  is  a  disabled and
 5    dependent person may terminate coverage of such person at  or
 6    after  attainment of the limiting age. In the absence of such
 7    inquiry, coverage of any disabled and dependent person  shall
 8    continue  through the term of such policy or any extension or
 9    renewal thereof.
10        (e)  This  amendatory  Act  of  1969  is  applicable   to
11    policies  issued  or  renewed  more  than  60  days after the
12    effective date of this amendatory Act of 1969.
13    (Source: P.A. 88-309; 89-507, eff. 7-1-97.)
14        Section 95.  No acceleration or delay.   Where  this  Act
15    makes changes in a statute that is represented in this Act by
16    text  that  is not yet or no longer in effect (for example, a
17    Section represented by multiple versions), the  use  of  that
18    text  does  not  accelerate or delay the taking effect of (i)
19    the changes made by this Act or (ii) provisions derived  from
20    any other Public Act.

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