Bill Text: IL SB3225 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Illinois Insurance Code. Provides that a health benefit plan amended, delivered, issued, or renewed on or after January 1, 2025 that provides prescription drug coverage through a medical or pharmacy health benefit or its contracted pharmacy benefit manager shall not engage in or require an enrollee to engage in specified prohibited acts. Provides that a clinician-administered drug shall meet the supply chain security controls and chain of distribution set by the federal Drug Supply Chain Security Act. Provides that the Department of Insurance may adopt rules as necessary to implement the provisions. Defines terms. Amends the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act to require policies under those Acts to comply with the provisions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB3225 Detail]

Download: Illinois-2023-SB3225-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3225

Introduced 2/6/2024, by Sen. Cristina Castro

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
215 ILCS 5/356z.26a new
215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2
215 ILCS 165/10 from Ch. 32, par. 604

Amends the Illinois Insurance Code. Provides that a health benefit plan amended, delivered, issued, or renewed on or after January 1, 2025 that provides prescription drug coverage through a medical or pharmacy health benefit or its contracted pharmacy benefit manager shall not engage in or require an enrollee to engage in specified prohibited acts. Provides that a clinician-administered drug shall meet the supply chain security controls and chain of distribution set by the federal Drug Supply Chain Security Act. Provides that the Department of Insurance may adopt rules as necessary to implement the provisions. Defines terms. Amends the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act to require policies under those Acts to comply with the provisions.
LRB103 38466 RPS 68602 b

A BILL FOR

SB3225LRB103 38466 RPS 68602 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 State Employees Group Insurance Act of 1971
5is amended by changing Section 6.11 as follows:
6 (5 ILCS 375/6.11)
7 Sec. 6.11. Required health benefits; Illinois Insurance
8Code requirements. The program of health benefits shall
9provide the post-mastectomy care benefits required to be
10covered by a policy of accident and health insurance under
11Section 356t of the Illinois Insurance Code. The program of
12health benefits shall provide the coverage required under
13Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
14356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
15356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
16356z.25, 356z.26, 356z.26a, 356z.29, 356z.30a, 356z.32,
17356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47,
18356z.51, 356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59,
19356z.60, and 356z.61, and 356z.62, 356z.64, 356z.67, 356z.68,
20and 356z.70 of the Illinois Insurance Code. The program of
21health benefits must comply with Sections 155.22a, 155.37,
22355b, 356z.19, 370c, and 370c.1 and Article XXXIIB of the
23Illinois Insurance Code. The program of health benefits shall

SB3225- 2 -LRB103 38466 RPS 68602 b
1provide the coverage required under Section 356m of the
2Illinois Insurance Code and, for the employees of the State
3Employee Group Insurance Program only, the coverage as also
4provided in Section 6.11B of this Act. The Department of
5Insurance shall enforce the requirements of this Section with
6respect to Sections 370c and 370c.1 of the Illinois Insurance
7Code; all other requirements of this Section shall be enforced
8by the Department of Central Management Services.
9 Rulemaking authority to implement Public Act 95-1045, if
10any, is conditioned on the rules being adopted in accordance
11with all provisions of the Illinois Administrative Procedure
12Act and all rules and procedures of the Joint Committee on
13Administrative Rules; any purported rule not so adopted, for
14whatever reason, is unauthorized.
15(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
16102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff.
171-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-768,
18eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
19102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
201-1-23; 102-1117, eff. 1-13-23; 103-8, eff. 1-1-24; 103-84,
21eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24;
22103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff.
238-11-23; revised 8-29-23.)
24 Section 10. The Counties Code is amended by changing
25Section 5-1069.3 as follows:

SB3225- 3 -LRB103 38466 RPS 68602 b
1 (55 ILCS 5/5-1069.3)
2 Sec. 5-1069.3. Required health benefits. If a county,
3including a home rule county, is a self-insurer for purposes
4of providing health insurance coverage for its employees, the
5coverage shall include coverage for the post-mastectomy care
6benefits required to be covered by a policy of accident and
7health insurance under Section 356t and the coverage required
8under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x,
9356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
10356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,
11356z.26a, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36,
12356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51,
13356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and
14356z.61, and 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70
15of the Illinois Insurance Code. The coverage shall comply with
16Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
17Insurance Code. The Department of Insurance shall enforce the
18requirements of this Section. The requirement that health
19benefits be covered as provided in this Section is an
20exclusive power and function of the State and is a denial and
21limitation under Article VII, Section 6, subsection (h) of the
22Illinois Constitution. A home rule county to which this
23Section applies must comply with every provision of this
24Section.
25 Rulemaking authority to implement Public Act 95-1045, if

SB3225- 4 -LRB103 38466 RPS 68602 b
1any, is conditioned on the rules being adopted in accordance
2with all provisions of the Illinois Administrative Procedure
3Act and all rules and procedures of the Joint Committee on
4Administrative Rules; any purported rule not so adopted, for
5whatever reason, is unauthorized.
6(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
7102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
81-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731,
9eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
10102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
111-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
12eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
13103-535, eff. 8-11-23; 103-551, eff. 8-11-23; revised
148-29-23.)
15 Section 15. The Illinois Municipal Code is amended by
16changing Section 10-4-2.3 as follows:
17 (65 ILCS 5/10-4-2.3)
18 Sec. 10-4-2.3. Required health benefits. If a
19municipality, including a home rule municipality, is a
20self-insurer for purposes of providing health insurance
21coverage for its employees, the coverage shall include
22coverage for the post-mastectomy care benefits required to be
23covered by a policy of accident and health insurance under
24Section 356t and the coverage required under Sections 356g,

SB3225- 5 -LRB103 38466 RPS 68602 b
1356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a,
2356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
3356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.26a,
4356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40,
5356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53,
6356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and 356z.61, and
7356z.62, 356z.64, 356z.67, 356z.68, and 356z.70 of the
8Illinois Insurance Code. The coverage shall comply with
9Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
10Insurance Code. The Department of Insurance shall enforce the
11requirements of this Section. The requirement that health
12benefits be covered as provided in this is an exclusive power
13and function of the State and is a denial and limitation under
14Article VII, Section 6, subsection (h) of the Illinois
15Constitution. A home rule municipality to which this Section
16applies must comply with every provision of this Section.
17 Rulemaking authority to implement Public Act 95-1045, if
18any, is conditioned on the rules being adopted in accordance
19with all provisions of the Illinois Administrative Procedure
20Act and all rules and procedures of the Joint Committee on
21Administrative Rules; any purported rule not so adopted, for
22whatever reason, is unauthorized.
23(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
24102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
251-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731,
26eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;

SB3225- 6 -LRB103 38466 RPS 68602 b
1102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
21-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
3eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
4103-535, eff. 8-11-23; 103-551, eff. 8-11-23; revised
58-29-23.)
6 Section 20. The School Code is amended by changing Section
710-22.3f as follows:
8 (105 ILCS 5/10-22.3f)
9 Sec. 10-22.3f. Required health benefits. Insurance
10protection and benefits for employees shall provide the
11post-mastectomy care benefits required to be covered by a
12policy of accident and health insurance under Section 356t and
13the coverage required under Sections 356g, 356g.5, 356g.5-1,
14356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8,
15356z.9, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22,
16356z.25, 356z.26, 356z.26a 356z.29, 356z.30a, 356z.32,
17356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47,
18356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60,
19and 356z.61, and 356z.62, 356z.64, 356z.67, 356z.68, and
20356z.70 of the Illinois Insurance Code. Insurance policies
21shall comply with Section 356z.19 of the Illinois Insurance
22Code. The coverage shall comply with Sections 155.22a, 355b,
23and 370c of the Illinois Insurance Code. The Department of
24Insurance shall enforce the requirements of this Section.

SB3225- 7 -LRB103 38466 RPS 68602 b
1 Rulemaking authority to implement Public Act 95-1045, if
2any, is conditioned on the rules being adopted in accordance
3with all provisions of the Illinois Administrative Procedure
4Act and all rules and procedures of the Joint Committee on
5Administrative Rules; any purported rule not so adopted, for
6whatever reason, is unauthorized.
7(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
8102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff.
91-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804,
10eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23;
11102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff.
121-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420,
13eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23;
14103-551, eff. 8-11-23; revised 8-29-23.)
15 Section 25. The Illinois Insurance Code is amended by
16adding Section 356z.26a as follows:
17 (215 ILCS 5/356z.26a new)
18 Sec. 356z.26a. Clinician-administered drugs.
19 (a) As used in this Section:
20 "Clinician-administered drug" means an outpatient
21prescription drug other than a vaccine that:
22 (1) cannot reasonably be self-administered by the
23 patient to whom the drug is prescribed or by an individual
24 assisting the patient with the self-administration; and

SB3225- 8 -LRB103 38466 RPS 68602 b
1 (2) is typically administered:
2 (A) by a health care provider authorized under the
3 laws of this State to administer the drug, including a
4 health care provider acting under a physician's
5 delegation and supervision; and
6 (B) in a physician's office, hospital outpatient
7 infusion center, or other clinical setting.
8 "Health benefit plan" means an individual or group policy
9of accident or health insurance, health care plan, or other
10hospital or medical policy, certificate, or contract.
11 "Health care plan" has the meaning given to that term in
12Section 1-2 of the Health Maintenance Organization Act.
13"Health care plan" does not include a managed care
14organization that provides, arranges, or reimburses for the
15delivery of health care services to individuals who are
16enrolled in the program of medical assistance under the
17Illinois Public Aid Code or under the Children's Health
18Insurance Program Act.
19 "Pharmacy" has the meaning given to that term in Section 3
20of the Pharmacy Practice Act.
21 "Provider" has the meaning given to that term in Section
22370g.
23 "Site of service" means the physical location where a
24clinician-administered drug is administered, including, but
25not limited to, an outpatient hospital, physician's office,
26ambulatory infusion site, home-based site, or other clinical

SB3225- 9 -LRB103 38466 RPS 68602 b
1setting.
2 (b) To ensure access to safe and effective drug therapies,
3a health benefit plan amended, delivered, issued, or renewed
4on or after January 1, 2025 that provides prescription drug
5coverage through a medical or pharmacy health benefit or its
6contracted pharmacy benefit manager shall not:
7 (1) require an enrollee to obtain a covered
8 clinician-administered drug from a pharmacy selected by
9 the health benefit plan or pharmacy benefit manager with
10 the intent to transport the drug to another site of
11 service for administration;
12 (2) require an enrollee to obtain a covered
13 clinician-administered drug from a pharmacy selected by
14 the health benefit plan or pharmacy benefit manager;
15 (3) notwithstanding any other provision of law, steer
16 or offer financial or other incentives to induce an
17 enrollee to obtain a clinician-administered drug from a
18 pharmacy identified by the health benefit plan or pharmacy
19 benefit manager;
20 (4) condition, deny, restrict, refuse to authorize, or
21 otherwise limit benefits and coverage to an enrollee for
22 medically necessary clinician-administered drugs and
23 related services obtained from the provider that
24 administers the drug or from a pharmacy that is not
25 selected by the health benefit plan or pharmacy benefit
26 manager;

SB3225- 10 -LRB103 38466 RPS 68602 b
1 (5) condition, deny, restrict, refuse to authorize, or
2 otherwise limit reimbursement to a provider for covered
3 medically necessary clinician-administered drugs and
4 related services obtained from the provider that
5 administers the drug or from a pharmacy that is not
6 selected by the health benefit plan or pharmacy benefit
7 manager;
8 (6) assess higher deductibles, copayments,
9 coinsurance, or other cost-sharing amounts for
10 clinician-administered drugs obtained from the provider
11 that administers the drug or from a pharmacy that is not
12 selected by the health benefit plan or pharmacy benefit
13 manager;
14 (7) require an enrollee to use a home infusion
15 pharmacy to receive clinician-administered drugs in the
16 enrollee's home or to use a site of service identified by
17 the health benefit plan or pharmacy benefit manager;
18 (8) include the site of service in prior approval or
19 medical necessity criteria for clinician-administered
20 drugs;
21 (9) require an enrollee to use the pharmacy benefit
22 for specific clinician-administered drugs; or
23 (10) prohibit a provider from billing the health
24 benefit plan for reimbursement of clinician-administered
25 drugs.
26 (c) A clinician-administered drug shall meet the supply

SB3225- 11 -LRB103 38466 RPS 68602 b
1chain security controls and chain of distribution set by the
2federal Drug Supply Chain Security Act.
3 (d) The Department may adopt rules as necessary to
4implement the provisions of this Section.
5 Section 30. The Health Maintenance Organization Act is
6amended by changing Section 5-3 as follows:
7 (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
8 Sec. 5-3. Insurance Code provisions.
9 (a) Health Maintenance Organizations shall be subject to
10the provisions of Sections 133, 134, 136, 137, 139, 140,
11141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153,
12154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 155.49,
13355.2, 355.3, 355b, 355c, 356f, 356g.5-1, 356m, 356q, 356v,
14356w, 356x, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6,
15356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14,
16356z.15, 356z.17, 356z.18, 356z.19, 356z.20, 356z.21, 356z.22,
17356z.23, 356z.24, 356z.25, 356z.26, 356z.26a, 356z.28,
18356z.29, 356z.30, 356z.30a, 356z.31, 356z.32, 356z.33,
19356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39, 356z.40,
20356z.41, 356z.44, 356z.45, 356z.46, 356z.47, 356z.48, 356z.49,
21356z.50, 356z.51, 356z.53, 356z.54, 356z.55, 356z.56, 356z.57,
22356z.58, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64, 356z.65,
23356z.67, 356z.68, 364, 364.01, 364.3, 367.2, 367.2-5, 367i,
24368a, 368b, 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402,

SB3225- 12 -LRB103 38466 RPS 68602 b
1403, 403A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c)
2of subsection (2) of Section 367, and Articles IIA, VIII 1/2,
3XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the
4Illinois Insurance Code.
5 (b) For purposes of the Illinois Insurance Code, except
6for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
7Health Maintenance Organizations in the following categories
8are deemed to be "domestic companies":
9 (1) a corporation authorized under the Dental Service
10 Plan Act or the Voluntary Health Services Plans Act;
11 (2) a corporation organized under the laws of this
12 State; or
13 (3) a corporation organized under the laws of another
14 state, 30% or more of the enrollees of which are residents
15 of this State, except a corporation subject to
16 substantially the same requirements in its state of
17 organization as is a "domestic company" under Article VIII
18 1/2 of the Illinois Insurance Code.
19 (c) In considering the merger, consolidation, or other
20acquisition of control of a Health Maintenance Organization
21pursuant to Article VIII 1/2 of the Illinois Insurance Code,
22 (1) the Director shall give primary consideration to
23 the continuation of benefits to enrollees and the
24 financial conditions of the acquired Health Maintenance
25 Organization after the merger, consolidation, or other
26 acquisition of control takes effect;

SB3225- 13 -LRB103 38466 RPS 68602 b
1 (2)(i) the criteria specified in subsection (1)(b) of
2 Section 131.8 of the Illinois Insurance Code shall not
3 apply and (ii) the Director, in making his determination
4 with respect to the merger, consolidation, or other
5 acquisition of control, need not take into account the
6 effect on competition of the merger, consolidation, or
7 other acquisition of control;
8 (3) the Director shall have the power to require the
9 following information:
10 (A) certification by an independent actuary of the
11 adequacy of the reserves of the Health Maintenance
12 Organization sought to be acquired;
13 (B) pro forma financial statements reflecting the
14 combined balance sheets of the acquiring company and
15 the Health Maintenance Organization sought to be
16 acquired as of the end of the preceding year and as of
17 a date 90 days prior to the acquisition, as well as pro
18 forma financial statements reflecting projected
19 combined operation for a period of 2 years;
20 (C) a pro forma business plan detailing an
21 acquiring party's plans with respect to the operation
22 of the Health Maintenance Organization sought to be
23 acquired for a period of not less than 3 years; and
24 (D) such other information as the Director shall
25 require.
26 (d) The provisions of Article VIII 1/2 of the Illinois

SB3225- 14 -LRB103 38466 RPS 68602 b
1Insurance Code and this Section 5-3 shall apply to the sale by
2any health maintenance organization of greater than 10% of its
3enrollee population (including, without limitation, the health
4maintenance organization's right, title, and interest in and
5to its health care certificates).
6 (e) In considering any management contract or service
7agreement subject to Section 141.1 of the Illinois Insurance
8Code, the Director (i) shall, in addition to the criteria
9specified in Section 141.2 of the Illinois Insurance Code,
10take into account the effect of the management contract or
11service agreement on the continuation of benefits to enrollees
12and the financial condition of the health maintenance
13organization to be managed or serviced, and (ii) need not take
14into account the effect of the management contract or service
15agreement on competition.
16 (f) Except for small employer groups as defined in the
17Small Employer Rating, Renewability and Portability Health
18Insurance Act and except for medicare supplement policies as
19defined in Section 363 of the Illinois Insurance Code, a
20Health Maintenance Organization may by contract agree with a
21group or other enrollment unit to effect refunds or charge
22additional premiums under the following terms and conditions:
23 (i) the amount of, and other terms and conditions with
24 respect to, the refund or additional premium are set forth
25 in the group or enrollment unit contract agreed in advance
26 of the period for which a refund is to be paid or

SB3225- 15 -LRB103 38466 RPS 68602 b
1 additional premium is to be charged (which period shall
2 not be less than one year); and
3 (ii) the amount of the refund or additional premium
4 shall not exceed 20% of the Health Maintenance
5 Organization's profitable or unprofitable experience with
6 respect to the group or other enrollment unit for the
7 period (and, for purposes of a refund or additional
8 premium, the profitable or unprofitable experience shall
9 be calculated taking into account a pro rata share of the
10 Health Maintenance Organization's administrative and
11 marketing expenses, but shall not include any refund to be
12 made or additional premium to be paid pursuant to this
13 subsection (f)). The Health Maintenance Organization and
14 the group or enrollment unit may agree that the profitable
15 or unprofitable experience may be calculated taking into
16 account the refund period and the immediately preceding 2
17 plan years.
18 The Health Maintenance Organization shall include a
19statement in the evidence of coverage issued to each enrollee
20describing the possibility of a refund or additional premium,
21and upon request of any group or enrollment unit, provide to
22the group or enrollment unit a description of the method used
23to calculate (1) the Health Maintenance Organization's
24profitable experience with respect to the group or enrollment
25unit and the resulting refund to the group or enrollment unit
26or (2) the Health Maintenance Organization's unprofitable

SB3225- 16 -LRB103 38466 RPS 68602 b
1experience with respect to the group or enrollment unit and
2the resulting additional premium to be paid by the group or
3enrollment unit.
4 In no event shall the Illinois Health Maintenance
5Organization Guaranty Association be liable to pay any
6contractual obligation of an insolvent organization to pay any
7refund authorized under this Section.
8 (g) Rulemaking authority to implement Public Act 95-1045,
9if any, is conditioned on the rules being adopted in
10accordance with all provisions of the Illinois Administrative
11Procedure Act and all rules and procedures of the Joint
12Committee on Administrative Rules; any purported rule not so
13adopted, for whatever reason, is unauthorized.
14(Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;
15102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
161-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,
17eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;
18102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.
191-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,
20eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;
21103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.
226-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
23eff. 1-1-24; 103-551, eff. 8-11-23; revised 8-29-23.)
24 Section 35. The Voluntary Health Services Plans Act is
25amended by changing Section 10 as follows:

SB3225- 17 -LRB103 38466 RPS 68602 b
1 (215 ILCS 165/10) (from Ch. 32, par. 604)
2 Sec. 10. Application of Insurance Code provisions. Health
3services plan corporations and all persons interested therein
4or dealing therewith shall be subject to the provisions of
5Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
6143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b,
7356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v, 356w,
8356x, 356y, 356z.1, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5,
9356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
10356z.14, 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25,
11356z.26, 356z.26a, 356z.29, 356z.30, 356z.30a, 356z.32,
12356z.33, 356z.40, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53,
13356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62,
14356z.64, 356z.67, 356z.68, 364.01, 364.3, 367.2, 368a, 401,
15401.1, 402, 403, 403A, 408, 408.2, and 412, and paragraphs (7)
16and (15) of Section 367 of the Illinois Insurance Code.
17 Rulemaking authority to implement Public Act 95-1045, if
18any, is conditioned on the rules being adopted in accordance
19with all provisions of the Illinois Administrative Procedure
20Act and all rules and procedures of the Joint Committee on
21Administrative Rules; any purported rule not so adopted, for
22whatever reason, is unauthorized.
23(Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;
24102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff.
2510-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804,

SB3225- 18 -LRB103 38466 RPS 68602 b
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