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(b) An individual or group policy of accident and health |
insurance or managed care plan that is amended, delivered, |
issued, or renewed on or after the effective date of this |
amendatory Act of the 102nd General Assembly shall provide |
coverage for medically necessary comprehensive cancer testing |
and testing of blood or constitutional tissue for cancer |
predisposition testing as determined by a physician licensed |
to practice medicine in all of its branches.
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Section 10. The Health Maintenance Organization Act is |
amended by changing Section 5-3 as follows:
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(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
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Sec. 5-3. Insurance Code provisions.
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(a) Health Maintenance Organizations
shall be subject to |
the provisions of Sections 133, 134, 136, 137, 139, 140, |
141.1,
141.2, 141.3, 143, 143c, 147, 148, 149, 151,
152, 153, |
154, 154.5, 154.6,
154.7, 154.8, 155.04, 155.22a, 355.2, |
355.3, 355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y,
356z.2, |
356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, |
356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, |
356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, |
356z.30a, 356z.32, 356z.33, 356z.35, 356z.36, 356z.41, |
356z.43, 364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, |
368d, 368e, 370c,
370c.1, 401, 401.1, 402, 403, 403A,
408, |
408.2, 409, 412, 444,
and
444.1,
paragraph (c) of subsection |
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(2) of Section 367, and Articles IIA, VIII 1/2,
XII,
XII 1/2, |
XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois |
Insurance Code.
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(b) For purposes of the Illinois Insurance Code, except |
for Sections 444
and 444.1 and Articles XIII and XIII 1/2, |
Health Maintenance Organizations in
the following categories |
are deemed to be "domestic companies":
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(1) a corporation authorized under the
Dental Service |
Plan Act or the Voluntary Health Services Plans Act;
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(2) a corporation organized under the laws of this |
State; or
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(3) a corporation organized under the laws of another |
state, 30% or more
of the enrollees of which are residents |
of this State, except a
corporation subject to |
substantially the same requirements in its state of
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organization as is a "domestic company" under Article VIII |
1/2 of the
Illinois Insurance Code.
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(c) In considering the merger, consolidation, or other |
acquisition of
control of a Health Maintenance Organization |
pursuant to Article VIII 1/2
of the Illinois Insurance Code,
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(1) the Director shall give primary consideration to |
the continuation of
benefits to enrollees and the |
financial conditions of the acquired Health
Maintenance |
Organization after the merger, consolidation, or other
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acquisition of control takes effect;
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(2)(i) the criteria specified in subsection (1)(b) of |
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Section 131.8 of
the Illinois Insurance Code shall not |
apply and (ii) the Director, in making
his determination |
with respect to the merger, consolidation, or other
|
acquisition of control, need not take into account the |
effect on
competition of the merger, consolidation, or |
other acquisition of control;
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(3) the Director shall have the power to require the |
following
information:
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(A) certification by an independent actuary of the |
adequacy
of the reserves of the Health Maintenance |
Organization sought to be acquired;
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(B) pro forma financial statements reflecting the |
combined balance
sheets of the acquiring company and |
the Health Maintenance Organization sought
to be |
acquired as of the end of the preceding year and as of |
a date 90 days
prior to the acquisition, as well as pro |
forma financial statements
reflecting projected |
combined operation for a period of 2 years;
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(C) a pro forma business plan detailing an |
acquiring party's plans with
respect to the operation |
of the Health Maintenance Organization sought to
be |
acquired for a period of not less than 3 years; and
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(D) such other information as the Director shall |
require.
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(d) The provisions of Article VIII 1/2 of the Illinois |
Insurance Code
and this Section 5-3 shall apply to the sale by |
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any health maintenance
organization of greater than 10% of its
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enrollee population (including without limitation the health |
maintenance
organization's right, title, and interest in and |
to its health care
certificates).
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(e) In considering any management contract or service |
agreement subject
to Section 141.1 of the Illinois Insurance |
Code, the Director (i) shall, in
addition to the criteria |
specified in Section 141.2 of the Illinois
Insurance Code, |
take into account the effect of the management contract or
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service agreement on the continuation of benefits to enrollees |
and the
financial condition of the health maintenance |
organization to be managed or
serviced, and (ii) need not take |
into account the effect of the management
contract or service |
agreement on competition.
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(f) Except for small employer groups as defined in the |
Small Employer
Rating, Renewability and Portability Health |
Insurance Act and except for
medicare supplement policies as |
defined in Section 363 of the Illinois
Insurance Code, a |
Health Maintenance Organization may by contract agree with a
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group or other enrollment unit to effect refunds or charge |
additional premiums
under the following terms and conditions:
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(i) the amount of, and other terms and conditions with |
respect to, the
refund or additional premium are set forth |
in the group or enrollment unit
contract agreed in advance |
of the period for which a refund is to be paid or
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additional premium is to be charged (which period shall |
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not be less than one
year); and
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(ii) the amount of the refund or additional premium |
shall not exceed 20%
of the Health Maintenance |
Organization's profitable or unprofitable experience
with |
respect to the group or other enrollment unit for the |
period (and, for
purposes of a refund or additional |
premium, the profitable or unprofitable
experience shall |
be calculated taking into account a pro rata share of the
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Health Maintenance Organization's administrative and |
marketing expenses, but
shall not include any refund to be |
made or additional premium to be paid
pursuant to this |
subsection (f)). The Health Maintenance Organization and |
the
group or enrollment unit may agree that the profitable |
or unprofitable
experience may be calculated taking into |
account the refund period and the
immediately preceding 2 |
plan years.
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The Health Maintenance Organization shall include a |
statement in the
evidence of coverage issued to each enrollee |
describing the possibility of a
refund or additional premium, |
and upon request of any group or enrollment unit,
provide to |
the group or enrollment unit a description of the method used |
to
calculate (1) the Health Maintenance Organization's |
profitable experience with
respect to the group or enrollment |
unit and the resulting refund to the group
or enrollment unit |
or (2) the Health Maintenance Organization's unprofitable
|
experience with respect to the group or enrollment unit and |
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the resulting
additional premium to be paid by the group or |
enrollment unit.
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In no event shall the Illinois Health Maintenance |
Organization
Guaranty Association be liable to pay any |
contractual obligation of an
insolvent organization to pay any |
refund authorized under this Section.
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(g) Rulemaking authority to implement Public Act 95-1045, |
if any, is conditioned on the rules being adopted in |
accordance with all provisions of the Illinois Administrative |
Procedure Act and all rules and procedures of the Joint |
Committee on Administrative Rules; any purported rule not so |
adopted, for whatever reason, is unauthorized. |
(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17; |
100-863, eff. 8-14-18; 100-1026, eff. 8-22-18; 100-1057, eff. |
1-1-19; 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19; 101-81, |
eff. 7-12-19; 101-281, eff. 1-1-20; 101-371, eff. 1-1-20; |
101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. |
1-1-20; 101-625, eff. 1-1-21.)
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