State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ]

90_SB0711sam002

                                          SRS90SB0711MNbmam01
 1                    AMENDMENT TO SENATE BILL 711
 2        AMENDMENT NO.     .  Amend Senate Bill 711,  AS  AMENDED,
 3    by replacing the title with the following:
 4        "AN  ACT concerning certain surgical procedures, amending
 5    named Acts."; and
 6    by replacing everything after the enacting  clause  with  the
 7    following:
 8        "Section  5.  The  State Employees Group Insurance Act of
 9    1971 is amended by adding Section 6.9 as follows:
10        (5 ILCS 375/6.9 new)
11        Sec. 6.9.  Post-mastectomy care.  The program  of  health
12    benefits  shall  provide  the  post-mastectomy  care benefits
13    required to be covered by a policy  of  accident  and  health
14    insurance under Section 356t of the Illinois Insurance Code.
15        Section  10.  The State Mandates Act is amended by adding
16    Section 8.21 as follows:
17        (30 ILCS 805/8.21 new)
18        Sec. 8.21.  Exempt mandate.  Notwithstanding  Sections  6
19    and  8 of this Act, no reimbursement by the State is required
                            -2-           SRS90SB0711MNbmam01
 1    for  the  implementation  of  any  mandate  created  by  this
 2    amendatory Act of 1997.
 3        Section 15.  The  Counties  Code  is  amended  by  adding
 4    Section 5-1069.3 as follows:
 5        (55 ILCS 5/5-1069.3 new)
 6        Sec.   5-1069.3  Post-mastectomy   care.   If  a  county,
 7    including a home rule county, is a self-insurer for  purposes
 8    of providing health insurance coverage for its employees, the
 9    coverage  shall include coverage for the post-mastectomy care
10    benefits required to be covered by a policy of  accident  and
11    health insurance under Section 356t of the Illinois Insurance
12    Code.   The  requirement that post-mastectomy care be covered
13    as provided  in  this  Section  is  an  exclusive  power  and
14    function  of  the  State and is a denial and limitation under
15    Article VII,  Section  6,  subsection  (h)  of  the  Illinois
16    Constitution.   A  home  rule  county  to  which this Section
17    applies must comply with every provision of this Section.
18        Section 20.  The Illinois Municipal Code  is  amended  by
19    adding Section 10-4-2.3 as follows:
20        (65 ILCS 5/10-4-2.3 new)
21        Sec. 10-4-2.3.  Post-mastectomy care.  If a municipality,
22    including  a  home  rule  municipality, is a self-insurer for
23    purposes of  providing  health  insurance  coverage  for  its
24    employees,  the  coverage  shall  include  coverage  for  the
25    post-mastectomy  care  benefits  required  to be covered by a
26    policy of accident and health insurance under Section 356t of
27    the  Illinois   Insurance   Code.    The   requirement   that
28    post-mastectomy  care  be  covered  as provided in this is an
29    exclusive power and function of the State and is a denial and
30    limitation under Article VII, Section 6,  subsection  (h)  of
                            -3-           SRS90SB0711MNbmam01
 1    the Illinois Constitution.  A home rule municipality to which
 2    this Section applies must comply with every provision of this
 3    Section.
 4        Section 25.  The School Code is amended by adding Section
 5    10-22.3f as follows:
 6        (105 ILCS 5/10-22.3f new)
 7        Sec.    10-22.3f.  Post-mastectomy    care.     Insurance
 8    protection  and  benefits  for  employees  shall  provide the
 9    post-mastectomy care benefits required to  be  covered  by  a
10    policy of accident and health insurance under Section 356t of
11    the Illinois Insurance Code.
12        Section  30.  The  Illinois  Insurance Code is amended by
13    adding Section 356t as follows:
14        (215 ILCS 5/356t new)
15        Sec. 356t.  Post-mastectomy care.
16        (a) An individual or group policy of accident and  health
17    insurance   or  managed  care  plan  that  provides  surgical
18    coverage and is amended, delivered, issued, or renewed  after
19    the  effective  date  of  this  amendatory  Act of 1997 shall
20    provide inpatient  coverage  following  a  mastectomy  for  a
21    length  of  time  determined by the attending physician to be
22    medically necessary and  in  accordance  with  protocols  and
23    guidelines  based  on  sound  scientific  evidence  and  upon
24    evaluation   of   the   patient  and  the  coverage  for  and
25    availibility of a post-discharge physician  office  visit  or
26    in-home nurse visit to verify the condition of the patient in
27    the first 48 hours after discharge.
28        Section  35.  The  Health Maintenance Organization Act is
29    amended by adding Section 4-6.5 as follows:
                            -4-           SRS90SB0711MNbmam01
 1        (215 ILCS 125/4-6.5 new)
 2        Sec. 4-6.5.  Post-mastectomy care.  A health  maintenance
 3    organization  is subject to the provisions of Section 356t of
 4    the Illinois Insurance Code.
 5        Section 45.  The Voluntary Health Services Plans  Act  is
 6    amended by changing Section 10 as follows:
 7        (215 ILCS 165/10) (from Ch. 32, par. 604)
 8        Sec.   10.  Application  of  Insurance  Code  provisions.
 9    Health services plan corporations and all persons  interested
10    therein   or  dealing  therewith  shall  be  subject  to  the
11    provisions of Article XII 1/2 and  Sections  3.1,  133,  140,
12    143,  143c,  149,  354, 355.2, 356r, 356t, 367.2, 401, 401.1,
13    402, 403, 403A, 408, 408.2, and 412, and paragraphs  (7)  and
14    (15) of Section 367 of the Illinois Insurance Code.
15    (Source: P.A. 89-514, eff. 7-17-96.)
16        Section  50.  The  Illinois Public Aid Code is amended by
17    adding Section 5-16.8 as follows:
18        (305 ILCS 5/5-16.8 new)
19        Sec.   5-16.8.  Post-mastectomy   care.    The    medical
20    assistance  program  shall  provide  the post-mastectomy care
21    benefits required to be covered by a policy of  accident  and
22    health insurance under Section 356t of the Illinois Insurance
23    Code.".

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