96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1699


 
Introduced 2/19/2009, by Sen. Dave Syverson
 
SYNOPSIS AS INTRODUCED:
 		








     



5 ILCS 375/6.11





55 ILCS 5/5-1069.3





65 ILCS 5/10-4-2.3





105 ILCS 5/10-22.3f





30 ILCS 805/8.33 new










    Amends the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, and the School Code to provide that beginning on the effective date of the Act and continuing until January 1, 2011, neither the State nor any political subdivision thereof shall impose a new health care mandate with respect to the provisions concerning required health benefits. Preempts home rule powers. Amends the State Mandates Act to exempt from State reimbursement. Effective immediately.
















LRB096 09822 RPM 19985 b

















FISCAL NOTE ACT MAY APPLY


HOME RULE NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB1699

LRB096 09822 RPM 19985 b






1
    AN ACT concerning insurance.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The State Employees Group Insurance Act of 1971 
5
is amended  by changing Section 6.11 as follows:
 


6
    (5 ILCS 375/6.11)

7
    (Text of Section before amendment by P.A. 95-958)
8
    Sec. 6.11. Required health benefits; Illinois Insurance 
9
Code
requirements.  The program of health
benefits shall provide 
10
the post-mastectomy care benefits required to be covered
by a 
11
policy of accident and health insurance under Section 356t of 
12
the Illinois
Insurance Code.  The program of health benefits 
13
shall provide the coverage
required under Sections 356g.5,

14
356u, 356w, 356x, 356z.2, 356z.4, 356z.6, 356z.9, 356z.10, 
15
356z.13
356z.11, and 356z.14
of the
Illinois Insurance Code.

16
The program of health benefits must comply with Section 155.37 
17
of the
Illinois Insurance Code. Notwithstanding any other 
18
provision of law to the contrary, beginning on the effective 
19
date of this amendatory Act of the 96th General Assembly and 
20
continuing until January 1, 2011, neither the State nor any 
21
political subdivision thereof shall impose a new health care 
22
mandate with respect to the health benefits required under this 
23
Section. 

 


 






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1
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
2
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-978, eff. 
3
1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)

 
4
    (Text of Section after amendment by P.A. 95-958)

5
    Sec. 6.11. Required health benefits; Illinois Insurance 
6
Code
requirements.  The program of health
benefits shall provide 
7
the post-mastectomy care benefits required to be covered
by a 
8
policy of accident and health insurance under Section 356t of 
9
the Illinois
Insurance Code.  The program of health benefits 
10
shall provide the coverage
required under Sections 356g.5,

11
356u, 356w, 356x, 356z.2, 356z.4, 356z.6, 356z.9, 356z.10, 
12
356z.11, and 356z.12, 356z.13
356z.11, and 356z.14 of the

13
Illinois Insurance Code.
The program of health benefits must 
14
comply with Section 155.37 of the
Illinois Insurance Code. 
15
Notwithstanding any other provision of law to the contrary, 
16
beginning on the effective date of this amendatory Act of the 
17
96th General Assembly and continuing until January 1, 2011, 
18
neither the State nor any political subdivision thereof shall 
19
impose a new health care mandate with respect to the health 
20
benefits required under this Section.

21
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
22
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. 
23
6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised 
24
12-15-08.)
 
 


 






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1
    Section 10. The Counties Code is amended  by changing 
2
Section 5-1069.3 as follows:
 
3
    (55 ILCS 5/5-1069.3)

4
    (Text of Section before amendment by P.A. 95-958)

5
    Sec. 5-1069.3. Required health benefits.   If a county, 
6
including a home
rule
county, is a self-insurer for purposes of 
7
providing health insurance coverage
for its employees, the 
8
coverage shall include coverage for the post-mastectomy
care 
9
benefits required to be covered by a policy of accident and 
10
health
insurance under Section 356t and the coverage required 
11
under Sections 356g.5, 356u,
356w, 356x, 356z.6, 356z.9, 
12
356z.10, 356z.13
356z.11, and 356z.14 of
the Illinois Insurance 
13
Code.  The requirement that health benefits be covered
as 
14
provided in this Section is an
exclusive power and function of 
15
the State and is a denial and limitation under
Article VII, 
16
Section 6, subsection (h) of the Illinois Constitution.  A home

17
rule county to which this Section applies must comply with 
18
every provision of
this Section.
Beginning on the effective 
19
date of this amendatory Act of the 96th General Assembly and 
20
continuing until January 1, 2011, neither the State nor any 
21
political subdivision thereof shall impose a new health care 
22
mandate with respect to the health benefits required under this 
23
Section.

24
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
25
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-978, eff. 
 


 






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1
1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)

 
2
    (Text of Section after amendment by P.A. 95-958)
3
    Sec. 5-1069.3. Required health benefits.   If a county, 
4
including a home
rule
county, is a self-insurer for purposes of 
5
providing health insurance coverage
for its employees, the 
6
coverage shall include coverage for the post-mastectomy
care 
7
benefits required to be covered by a policy of accident and 
8
health
insurance under Section 356t and the coverage required 
9
under Sections 356g.5, 356u,
356w, 356x, 356z.6, 356z.9, 
10
356z.10, 356z.11, and 356z.12, 356z.13
356z.11, and 356z.14 of

11
the Illinois Insurance Code.  The requirement that health 
12
benefits be covered
as provided in this Section is an
exclusive 
13
power and function of the State and is a denial and limitation 
14
under
Article VII, Section 6, subsection (h) of the Illinois 
15
Constitution.  A home
rule county to which this Section applies 
16
must comply with every provision of
this Section.
Beginning on 
17
the effective date of this amendatory Act of the 96th General 
18
Assembly and continuing until January 1, 2011, neither the 
19
State nor any political subdivision thereof shall impose a new 
20
health care mandate with respect to the health benefits 
21
required under this Section.

22
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
23
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. 
24
6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised 
25
12-15-08.)
 
 


 






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1
    Section 15. The Illinois Municipal Code is amended  by 
2
changing Section 10-4-2.3 as follows:
 
3
    (65 ILCS 5/10-4-2.3)

4
    (Text of Section before amendment by P.A. 95-958)

5
    Sec. 10-4-2.3. Required health benefits.   If a 
6
municipality, including a
home rule municipality, is a 
7
self-insurer for purposes of providing health
insurance 
8
coverage for its employees, the coverage shall include coverage 
9
for
the post-mastectomy care benefits required to be covered by 
10
a policy of
accident and health insurance under Section 356t 
11
and the coverage required
under Sections 356g.5, 356u, 356w, 
12
356x, 356z.6, 356z.9, 356z.10, 356z.13
356z.11, and 356z.14 of 
13
the Illinois
Insurance
Code.  The requirement that health

14
benefits be covered as provided in this is an exclusive power 
15
and function of
the State and is a denial and limitation under 
16
Article VII, Section 6,
subsection (h) of the Illinois 
17
Constitution.  A home rule municipality to which
this Section 
18
applies must comply with every provision of this Section.

19
Beginning on the effective date of this amendatory Act of the 
20
96th General Assembly and continuing until January 1, 2011, 
21
neither the State nor any political subdivision thereof shall 
22
impose a new health care mandate with respect to the health 
23
benefits required under this Section.

24
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
 


 






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1
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-978, eff. 
2
1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)

 
3
    (Text of Section after amendment by P.A. 95-958)
4
    Sec. 10-4-2.3. Required health benefits.   If a 
5
municipality, including a
home rule municipality, is a 
6
self-insurer for purposes of providing health
insurance 
7
coverage for its employees, the coverage shall include coverage 
8
for
the post-mastectomy care benefits required to be covered by 
9
a policy of
accident and health insurance under Section 356t 
10
and the coverage required
under Sections 356g.5, 356u, 356w, 
11
356x, 356z.6, 356z.9, 356z.10, 356z.11, and 356z.12, 356z.13

12
356z.11, and 356z.14 of the Illinois
Insurance
Code.  The 
13
requirement that health
benefits be covered as provided in this 
14
is an exclusive power and function of
the State and is a denial 
15
and limitation under Article VII, Section 6,
subsection (h) of 
16
the Illinois Constitution.  A home rule municipality to which

17
this Section applies must comply with every provision of this 
18
Section.
Beginning on the effective date of this amendatory Act 
19
of the 96th General Assembly and continuing until January 1, 
20
2011, neither the State nor any political subdivision thereof 
21
shall impose a new health care mandate with respect to the 
22
health benefits required under this Section.

23
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
24
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. 
25
6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised 
 


 






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1
12-15-08.)
 
2
    Section 20. The School Code is amended  by changing Section 
3
10-22.3f as follows:
 
4
    (105 ILCS 5/10-22.3f)

5
    (Text of Section before amendment by P.A. 95-958)

6
    Sec. 10-22.3f. Required health benefits.   Insurance 
7
protection and
benefits
for employees shall provide the 
8
post-mastectomy care benefits required to be
covered by a 
9
policy of accident and health insurance under Section 356t and 
10
the
coverage required under Sections 356g.5, 356u, 356w, 356x,


11
356z.6, 356z.9, 356z.13
and 356z.11, and 356z.14 of
the

12
Illinois Insurance Code.
Beginning on the effective date of 
13
this amendatory Act of the 96th General Assembly and continuing 
14
until January 1, 2011, neither the State nor any political 
15
subdivision thereof shall impose a new health care mandate with 
16
respect to the health benefits required under this Section.

17
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
18
95-876, eff. 8-21-08; 95-978, eff. 1-1-09; 95-1005, eff. 
19
12-12-08; revised 12-15-08.)

 
20
    (Text of Section after amendment by P.A. 95-958)
21
    Sec. 10-22.3f. Required health benefits.   Insurance 
22
protection and
benefits
for employees shall provide the 
23
post-mastectomy care benefits required to be
covered by a 
 


 






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1
policy of accident and health insurance under Section 356t and 
2
the
coverage required under Sections 356g.5, 356u, 356w, 356x,


3
356z.6, 356z.9, 356z.11, and 356z.12, 356z.13
and 356z.11, and 
4
356z.14 of
the
Illinois Insurance Code.
Beginning on the 
5
effective date of this amendatory Act of the 96th General 
6
Assembly and continuing until January 1, 2011, neither the 
7
State nor any political subdivision thereof shall impose a new 
8
health care mandate with respect to the health benefits 
9
required under this Section.

10
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; 
11
95-876, eff. 8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09; 
12
95-1005, 12-12-08; revised 12-15-08.)
 
13
    Section 90. The State Mandates Act is amended by adding 
14
Section 8.33 as follows:
 
15
    (30 ILCS 805/8.33 new)
16
    Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 
17
of this Act, no reimbursement by the State is required for the 
18
implementation of any mandate created by this amendatory Act of 
19
the 96th General Assembly.
 
20
    Section 95. No acceleration or delay. Where this Act makes 
21
changes in a statute that is represented in this Act by text 
22
that is not yet or no longer in effect (for example, a Section 
23
represented by multiple versions), the use of that text does 
 


 






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1
not accelerate or delay the taking effect of (i) the changes 
2
made by this Act or (ii) provisions derived from any other 
3
Public Act.
 

4
    Section 99. Effective date. This Act takes effect upon 
5
becoming law.