Illinois 95th Regular Session Status: Enacted Bipartisan · 1 R · 1 D cosponsors

SB 1174 — PRIVATE SEWAGE-LOCAL GOV REG

Last action — Public Act . . . . . . . . . 95-1045

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 08, 2007. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 42 sponsors

    0 primary, 42 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Private Sewage Disposal Licensing Act. Permits a unit of local government to require homeowners who maintain a private sewage disposal system within the unit of local government to provide verification, on an annual basis, to the unit of local government of a valid contract with a licensed private sewage disposal system installation contractor. Effective immediately.

Bill Text

What changed in the latest version

1654 added · 47 removed

Plain-language change summary

The recent changes to Bill SB 1174 highlight the serious issue of higher breast cancer mortality rates among minority women in Illinois, which have been increasing over the past two decades. The bill now emphasizes the need to improve access to mammograms and breast cancer treatment for all women, particularly for those with lower income and education levels. Additionally, some older provisions related to sewage disposal regulations were removed to focus more on healthcare improvements. These changes are significant because they aim to address health disparities and ensure that all women receive necessary screenings and treatments for breast cancer.

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SB1174 Engrossed LRB095 04322 RAS 24364 b AN ACT concerning regulation.
SB1174 Enrolled LRB095 04322 RAS 24364 b AN ACT concerning regulation.
Section 5.
Article 1.
The Private Sewage Disposal Licensing Act is amended by changing Section 10 as follows:
Legislative Intent Section 1-1.
(225 ILCS 225/10) (from Ch.
Legislative intent.
The General Assembly finds that the mortality associated with breast cancer for minority women in Illinois is significantly higher compared to non-minority women.
This disparity has grown over the last 2 decades and is unacceptable.
A recent New England Journal of Medicine article found that even modest cost-sharing deters women from getting a mammogram.
The reduction was most pronounced for those with lower income and less education.
Many other studies have found that women with lower family income and those relying on public programs for healthcare access mammography at a lower rate.
It is, therefore, the intent of this legislation to decrease health disparities as they relate to breast cancer and to improve access for all women to quality breast cancer screening and treatment where necessary.
Article 5.
Improving State Healthcare Programs With Respect To Mammography And Breast Cancer Treatment SB1174 Enrolled - 2 - LRB095 04322 RAS 24364 b Section 5-5.
The Illinois Public Aid Code is amended by changing Section 5-5 as follows:
(305 ILCS 5/5-5) (from Ch.
23, par.
5-5) Sec.
5-5.
Medical services.
The Illinois Department, by rule, shall determine the quantity and quality of and the rate of reimbursement for the medical assistance for which payment will be authorized, and the medical services to be provided, which may include all or part of the following:
(1) inpatient hospital services;
(2) outpatient hospital services;
(3) other laboratory and X-ray services;
(4) skilled nursing home services;
(5) physicians' services whether furnished in the office, the patient's home, a hospital, a skilled nursing home, or elsewhere;
(6) medical care, or any other type of remedial care furnished by licensed practitioners;
(7) home health care services;
(8) private duty nursing service;
(9) clinic services;
(10) dental services, including prevention and treatment of periodontal disease and dental caries disease for pregnant women;
(11) physical therapy and related services;
(12) prescribed drugs, dentures, and prosthetic devices;
and eyeglasses prescribed by a physician skilled in the diseases of the eye, or by an optometrist, whichever the person may select;
(13) other diagnostic, screening, preventive, and rehabilitative services;
(14) transportation and such other expenses as may be necessary;
(15) medical treatment of sexual assault survivors, as defined in Section 1a of the Sexual SB1174 Enrolled - 3 - LRB095 04322 RAS 24364 b Assault Survivors Emergency Treatment Act, for injuries sustained as a result of the sexual assault, including examinations and laboratory tests to discover evidence which may be used in criminal proceedings arising from the sexual assault;
(16) the diagnosis and treatment of sickle cell anemia;
and (17) any other medical care, and any other type of remedial care recognized under the laws of this State, but not including abortions, or induced miscarriages or premature births, unless, in the opinion of a physician, such procedures are necessary for the preservation of the life of the woman seeking such treatment, or except an induced premature birth intended to produce a live viable child and such procedure is necessary for the health of the mother or her unborn child.
The Illinois Department, by rule, shall prohibit any physician from providing medical assistance to anyone eligible therefor under this Code where such physician has been found guilty of performing an abortion procedure in a wilful and wanton manner upon a woman who was not pregnant at the time such abortion procedure was performed.
The term "any other type of remedial care" shall include nursing care and nursing home service for persons who rely on treatment by spiritual means alone through prayer for healing.
Notwithstanding any other provision of this Section, a comprehensive tobacco use cessation program that includes purchasing prescription drugs or prescription medical devices approved by the Food and Drug administration shall be covered SB1174 Enrolled - 4 - LRB095 04322 RAS 24364 b under the medical assistance program under this Article for persons who are otherwise eligible for assistance under this Article.
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Notwithstanding any other provision of this Code, the Illinois Department may not require, as a condition of payment for any laboratory test authorized under this Article, that a physician's handwritten signature appear on the laboratory test order form.
The Illinois Department may, however, impose other appropriate requirements regarding laboratory test order documentation.
The Department of Healthcare and Family Services shall provide the following services to persons eligible for assistance under this Article who are participating in education, training or employment programs operated by the Department of Human Services as successor to the Department of Public Aid:
(1) dental services, which shall include but not be limited to prosthodontics;
and (2) eyeglasses prescribed by a physician skilled in the diseases of the eye, or by an optometrist, whichever the person may select.
The Illinois Department, by rule, may distinguish and classify the medical services to be provided only in accordance with the classes of persons designated in Section 5-2.
The Department of Healthcare and Family Services must provide coverage and reimbursement for amino acid-based SB1174 Enrolled - 5 - LRB095 04322 RAS 24364 b elemental formulas, regardless of delivery method, for the diagnosis and treatment of (i) eosinophilic disorders and (ii) short bowel syndrome when the prescribing physician has issued a written order stating that the amino acid-based elemental formula is medically necessary.
The Illinois Department shall authorize the provision of, and shall authorize payment for, screening by low-dose mammography for the presence of occult breast cancer for women 35 years of age or older who are eligible for medical assistance under this Article, as follows:
(A) A a baseline mammogram for women 35 to 39 years of age.
and an (B) An annual mammogram for women 40 years of age or older.
(C) A mammogram at the age and intervals considered medically necessary by the woman's health care provider for women under 40 years of age and having a family history of breast cancer, prior personal history of breast cancer, positive genetic testing, or other risk factors.
(D) A comprehensive ultrasound screening of an entire breast or breasts if a mammogram demonstrates heterogeneous or dense breast tissue, when medically necessary as determined by a physician licensed to practice medicine in all of its branches.
All screenings shall include a physical breast exam, instruction on self-examination and information regarding the SB1174 Enrolled - 6 - LRB095 04322 RAS 24364 b frequency of self-examination and its value as a preventative tool.
For purposes of As used in this Section, "low-dose mammography" means the x-ray examination of the breast using equipment dedicated specifically for mammography, including the x-ray tube, filter, compression device, and image receptor, and cassettes, with an average radiation exposure delivery of less than one rad per breast for mid-breast, with 2 views of an average size for each breast.
The term also includes digital mammography.
On and after July 1, 2008, screening and diagnostic mammography shall be reimbursed at the same rate as the Medicare program's rates, including the increased reimbursement for digital mammography.
The Department shall convene an expert panel including representatives of hospitals, free-standing mammography facilities, and doctors, including radiologists, to establish quality standards.
Based on these quality standards, the Department shall provide for bonus payments to mammography facilities meeting the standards for screening and diagnosis.
The bonus payments shall be at least 15% higher than the Medicare rates for mammography.
Subject to federal approval, the Department shall establish a rate methodology for mammography at federally qualified health centers and other encounter-rate clinics.
These clinics or centers may also collaborate with other hospital-based mammography facilities.
SB1174 Enrolled - 7 - LRB095 04322 RAS 24364 b The Department shall establish a methodology to remind women who are age-appropriate for screening mammography, but who have not received a mammogram within the previous 18 months, of the importance and benefit of screening mammography.
The Department shall establish a performance goal for primary care providers with respect to their female patients over age 40 receiving an annual mammogram.
This performance goal shall be used to provide additional reimbursement in the form of a quality performance bonus to primary care providers who meet that goal.
The Department shall devise a means of case-managing or patient navigation for beneficiaries diagnosed with breast cancer.
This program shall initially operate as a pilot program in areas of the State with the highest incidence of mortality related to breast cancer.
At least one pilot program site shall be in the metropolitan Chicago area and at least one site shall be outside the metropolitan Chicago area.
An evaluation of the pilot program shall be carried out measuring health outcomes and cost of care for those served by the pilot program compared to similarly situated patients who are not served by the pilot program.
Any medical or health care provider shall immediately recommend, to any pregnant woman who is being provided prenatal services and is suspected of drug abuse or is addicted as defined in the Alcoholism and Other Drug Abuse and Dependency Act, referral to a local substance abuse treatment provider SB1174 Enrolled - 8 - LRB095 04322 RAS 24364 b licensed by the Department of Human Services or to a licensed hospital which provides substance abuse treatment services.
The Department of Healthcare and Family Services shall assure coverage for the cost of treatment of the drug abuse or addiction for pregnant recipients in accordance with the Illinois Medicaid Program in conjunction with the Department of Human Services.
All medical providers providing medical assistance to pregnant women under this Code shall receive information from the Department on the availability of services under the Drug Free Families with a Future or any comparable program providing case management services for addicted women, including information on appropriate referrals for other social services that may be needed by addicted women in addition to treatment for addiction.
The Illinois Department, in cooperation with the Departments of Human Services (as successor to the Department of Alcoholism and Substance Abuse) and Public Health, through a public awareness campaign, may provide information concerning treatment for alcoholism and drug abuse and addiction, prenatal health care, and other pertinent programs directed at reducing the number of drug-affected infants born to recipients of medical assistance.
Neither the Department of Healthcare and Family Services nor the Department of Human Services shall sanction the recipient solely on the basis of her substance abuse.
SB1174 Enrolled - 9 - LRB095 04322 RAS 24364 b The Illinois Department shall establish such regulations governing the dispensing of health services under this Article as it shall deem appropriate.
The Department should seek the advice of formal professional advisory committees appointed by the Director of the Illinois Department for the purpose of providing regular advice on policy and administrative matters, information dissemination and educational activities for medical and health care providers, and consistency in procedures to the Illinois Department.
The Illinois Department may develop and contract with Partnerships of medical providers to arrange medical services for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration projects in certain geographic areas.
The Partnership shall be represented by a sponsor organization.
The Department, by rule, shall develop qualifications for sponsors of Partnerships.
Nothing in this Section shall be construed to require that the sponsor organization be a medical organization.
The sponsor must negotiate formal written contracts with medical providers for physician services, inpatient and outpatient hospital care, home health services, treatment for alcoholism and substance abuse, and other services determined necessary by the Illinois Department by rule for delivery by Partnerships.
Physician services must include prenatal and obstetrical care.
The Illinois Department shall reimburse medical services delivered by Partnership providers to clients SB1174 Enrolled - 10 - LRB095 04322 RAS 24364 b in target areas according to provisions of this Article and the Illinois Health Finance Reform Act, except that:
(1) Physicians participating in a Partnership and providing certain services, which shall be determined by the Illinois Department, to persons in areas covered by the Partnership may receive an additional surcharge for such services.
(2) The Department may elect to consider and negotiate financial incentives to encourage the development of Partnerships and the efficient delivery of medical care.
(3) Persons receiving medical services through Partnerships may receive medical and case management services above the level usually offered through the medical assistance program.
Medical providers shall be required to meet certain qualifications to participate in Partnerships to ensure the delivery of high quality medical services.
These qualifications shall be determined by rule of the Illinois Department and may be higher than qualifications for participation in the medical assistance program.
Partnership sponsors may prescribe reasonable additional qualifications for participation by medical providers, only with the prior written approval of the Illinois Department.
Nothing in this Section shall limit the free choice of practitioners, hospitals, and other providers of medical services by clients.
In order to ensure patient freedom of SB1174 Enrolled - 11 - LRB095 04322 RAS 24364 b choice, the Illinois Department shall immediately promulgate all rules and take all other necessary actions so that provided services may be accessed from therapeutically certified optometrists to the full extent of the Illinois Optometric Practice Act of 1987 without discriminating between service providers.
The Department shall apply for a waiver from the United States Health Care Financing Administration to allow for the implementation of Partnerships under this Section.
The Illinois Department shall require health care providers to maintain records that document the medical care and services provided to recipients of Medical Assistance under this Article.
The Illinois Department shall require health care providers to make available, when authorized by the patient, in writing, the medical records in a timely fashion to other health care providers who are treating or serving persons eligible for Medical Assistance under this Article.
All dispensers of medical services shall be required to maintain and retain business and professional records sufficient to fully and accurately document the nature, scope, details and receipt of the health care provided to persons eligible for medical assistance under this Code, in accordance with regulations promulgated by the Illinois Department.
The rules and regulations shall require that proof of the receipt of prescription drugs, dentures, prosthetic devices and eyeglasses by eligible persons under this Section accompany SB1174 Enrolled - 12 - LRB095 04322 RAS 24364 b each claim for reimbursement submitted by the dispenser of such medical services.
No such claims for reimbursement shall be approved for payment by the Illinois Department without such proof of receipt, unless the Illinois Department shall have put into effect and shall be operating a system of post-payment audit and review which shall, on a sampling basis, be deemed adequate by the Illinois Department to assure that such drugs, dentures, prosthetic devices and eyeglasses for which payment is being made are actually being received by eligible recipients.
Within 90 days after the effective date of this amendatory Act of 1984, the Illinois Department shall establish a current list of acquisition costs for all prosthetic devices and any other items recognized as medical equipment and supplies reimbursable under this Article and shall update such list on a quarterly basis, except that the acquisition costs of all prescription drugs shall be updated no less frequently than every 30 days as required by Section 5-5.12.
The rules and regulations of the Illinois Department shall require that a written statement including the required opinion of a physician shall accompany any claim for reimbursement for abortions, or induced miscarriages or premature births.
This statement shall indicate what procedures were used in providing such medical services.
The Illinois Department shall require all dispensers of medical services, other than an individual practitioner or group of practitioners, desiring to participate in the Medical SB1174 Enrolled - 13 - LRB095 04322 RAS 24364 b Assistance program established under this Article to disclose all financial, beneficial, ownership, equity, surety or other interests in any and all firms, corporations, partnerships, associations, business enterprises, joint ventures, agencies, institutions or other legal entities providing any form of health care services in this State under this Article.
The Illinois Department may require that all dispensers of medical services desiring to participate in the medical assistance program established under this Article disclose, under such terms and conditions as the Illinois Department may by rule establish, all inquiries from clients and attorneys regarding medical bills paid by the Illinois Department, which inquiries could indicate potential existence of claims or liens for the Illinois Department.
Enrollment of a vendor that provides non-emergency medical transportation, defined by the Department by rule, shall be conditional for 180 days.
During that time, the Department of Healthcare and Family Services may terminate the vendor's eligibility to participate in the medical assistance program without cause.
That termination of eligibility is not subject to the Department's hearing process.
The Illinois Department shall establish policies, procedures, standards and criteria by rule for the acquisition, repair and replacement of orthotic and prosthetic devices and durable medical equipment.
Such rules shall provide, but not be limited to, the following services:
(1) immediate repair or SB1174 Enrolled - 14 - LRB095 04322 RAS 24364 b replacement of such devices by recipients without medical authorization;
and (2) rental, lease, purchase or lease-purchase of durable medical equipment in a cost-effective manner, taking into consideration the recipient's medical prognosis, the extent of the recipient's needs, and the requirements and costs for maintaining such equipment.
Such rules shall enable a recipient to temporarily acquire and use alternative or substitute devices or equipment pending repairs or replacements of any device or equipment previously authorized for such recipient by the Department.
The Department shall execute, relative to the nursing home prescreening project, written inter-agency agreements with the Department of Human Services and the Department on Aging, to effect the following:
(i) intake procedures and common eligibility criteria for those persons who are receiving non-institutional services;
and (ii) the establishment and development of non-institutional services in areas of the State where they are not currently available or are undeveloped.
The Illinois Department shall develop and operate, in cooperation with other State Departments and agencies and in compliance with applicable federal laws and regulations, appropriate and effective systems of health care evaluation and programs for monitoring of utilization of health care services and facilities, as it affects persons eligible for medical assistance under this Code.
The Illinois Department shall report annually to the SB1174 Enrolled - 15 - LRB095 04322 RAS 24364 b General Assembly, no later than the second Friday in April of 1979 and each year thereafter, in regard to:
(a) actual statistics and trends in utilization of medical services by public aid recipients;
(b) actual statistics and trends in the provision of the various medical services by medical vendors;
(c) current rate structures and proposed changes in those rate structures for the various medical vendors;
and (d) efforts at utilization review and control by the Illinois Department.
The period covered by each report shall be the 3 years ending on the June 30 prior to the report.
The report shall include suggested legislation for consideration by the General Assembly.
The filing of one copy of the report with the Speaker, one copy with the Minority Leader and one copy with the Clerk of the House of Representatives, one copy with the President, one copy with the Minority Leader and one copy with the Secretary of the Senate, one copy with the Legislative Research Unit, and such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act shall be deemed sufficient to comply with this Section.
Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois SB1174 Enrolled - 16 - LRB095 04322 RAS 24364 b 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.
95-331, eff.
8-21-07;
95-520, eff.
8-28-07.) Article 10.
Breast Cancer Patients' Access To Pain Relief Section 10-5.
The Illinois Insurance Code is amended by adding Section 356g.5-1 as follows:
(215 ILCS 5/356g.5-1 new) Sec.
356g.5-1.
Breast cancer pain medication and therapy.
A group or individual policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed after the effective date of this amendatory Act of the 95th General Assembly must provide coverage for all medically necessary pain medication and pain therapy related to the treatment of breast cancer on the same terms and conditions that are generally applicable to coverage for other conditions.
For purposes of this Section, "pain therapy" means pain therapy that is medically based and includes reasonably defined goals, including, but not limited to, stabilizing or reducing pain, with periodic evaluations of the efficacy of the pain therapy against these goals.
The provisions of this Section do not apply to short-term travel, accident-only, limited, or SB1174 Enrolled - 17 - LRB095 04322 RAS 24364 b specified-disease policies, or to policies or contracts designed for issuance to persons eligible for coverage under Title XVIII of the Social Security Act, known as Medicare, or any other similar coverage under State or federal governmental plans.
Rulemaking authority to implement this amendatory Act of the 95th General Assembly, 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.
Section 10-10.
The State Employees Group Insurance Act of 1971 is amended by changing Section 6.11 as follows:
(5 ILCS 375/6.11) (Text of Section before amendment by P.A.
95-958) Sec.
6.11.
Required health benefits;
Illinois Insurance Code requirements.
The program of health benefits shall provide the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t of the Illinois Insurance Code.
The program of health benefits shall provide the coverage required under Sections 356g.5, 356g.5-1, 356u, 356w, 356x, 356z.2, 356z.4, 356z.6, 356z.9, 356z.10, and 356z.13 356z.11 of the Illinois Insurance Code.
The program of health benefits must comply with Section 155.37 SB1174 Enrolled - 18 - LRB095 04322 RAS 24364 b of the Illinois Insurance Code.
Rulemaking authority to implement this amendatory Act of the 95th General Assembly, 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.
95-189, eff.
8-16-07;
95-422, eff.
8-24-07;
95-520, eff.
8-28-07;
95-876, eff.
8-21-08;
95-978, eff.
1-1-09;
revised 10-15-08.) (Text of Section after amendment by P.A.
95-958) Sec.
6.11.
Required health benefits;
Illinois Insurance Code requirements.
The program of health benefits shall provide the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t of the Illinois Insurance Code.
The program of health benefits shall provide the coverage required under Sections 356g.5, 356g.5-1, 356u, 356w, 356x, 356z.2, 356z.4, 356z.6, 356z.9, 356z.10, 356z.11, and 356z.12, and 356z.13 356z.11 of the Illinois Insurance Code.
The program of health benefits must comply with Section 155.37 of the Illinois Insurance Code.
Rulemaking authority to implement this amendatory Act of the 95th General Assembly, 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 SB1174 Enrolled - 19 - LRB095 04322 RAS 24364 b the Joint Committee on Administrative Rules;
any purported rule not so adopted, for whatever reason, is unauthorized.
(Source:
P.A.
95-189, eff.
8-16-07;
95-422, eff.
8-24-07;
95-520, eff.
8-28-07;
95-876, eff.
8-21-08;
95-958, eff.
6-1-09;
95-978, eff.
1-1-09;
revised 10-15-08.) Section 10-15.
The Counties Code is amended by changing Section 5-1069.3 as follows:
(55 ILCS 5/5-1069.3) (Text of Section before amendment by P.A.
95-958) Sec.
5-1069.3.
Required health benefits.
If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g.5, 356g.5-1, 356u, 356w, 356x, 356z.6, 356z.9, 356z.10, and 356z.13 356z.11 of the Illinois Insurance Code.
The requirement that health benefits be covered as provided in this Section is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution.
A home rule county to which this Section applies must comply with every provision of this Section.
Rulemaking authority to implement this amendatory Act of SB1174 Enrolled - 20 - LRB095 04322 RAS 24364 b the 95th General Assembly, 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.
95-189, eff.
8-16-07;
95-422, eff.
8-24-07;
95-520, eff.
8-28-07;
95-876, eff.
8-21-08;
95-978, eff.
1-1-09;
revised 10-15-08.) (Text of Section after amendment by P.A.
95-958) Sec.
5-1069.3.
Required health benefits.
If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g.5, 356g.5-1, 356u, 356w, 356x, 356z.6, 356z.9, 356z.10, 356z.11, and 356z.12, and 356z.13 356z.11 of the Illinois Insurance Code.
The requirement that health benefits be covered as provided in this Section is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution.
A home rule county to which this Section applies must comply with every provision of this Section.
Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules SB1174 Enrolled - 21 - LRB095 04322 RAS 24364 b 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.
95-189, eff.
8-16-07;
95-422, eff.
8-24-07;
95-520, eff.
8-28-07;
95-876, eff.
8-21-08;
95-958, eff.
6-1-09;
95-978, eff.
1-1-09;
revised 10-15-08.) Section 10-20.
The Illinois Municipal Code is amended by changing Section 10-4-2.3 as follows:
(65 ILCS 5/10-4-2.3) (Text of Section before amendment by P.A.
95-958) Sec.
10-4-2.3.
Required health benefits.
If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g.5, 356g.5-1, 356u, 356w, 356x, 356z.6, 356z.9, 356z.10, and 356z.13 356z.11 of the Illinois Insurance Code.
The requirement that health benefits be covered as provided in this is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution.
A home rule municipality to which this Section SB1174 Enrolled - 22 - LRB095 04322 RAS 24364 b applies must comply with every provision of this Section.
Rulemaking authority to implement this amendatory Act of the 95th General Assembly, 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.
95-189, eff.
8-16-07;
95-422, eff.
8-24-07;
95-520, eff.
8-28-07;
95-876, eff.
8-21-08;
95-978, eff.
1-1-09;
revised 10-15-08.) (Text of Section after amendment by P.A.
95-958) Sec.
10-4-2.3.
Required health benefits.
If a municipality, including a home rule municipality, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g.5, 356g.5-1, 356u, 356w, 356x, 356z.6, 356z.9, 356z.10, 356z.11, and 356z.12, and 356z.13 356z.11 of the Illinois Insurance Code.
The requirement that health benefits be covered as provided in this is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution.
A home rule municipality to which this Section applies must comply with every provision of SB1174 Enrolled - 23 - LRB095 04322 RAS 24364 b this Section.
Rulemaking authority to implement this amendatory Act of the 95th General Assembly, 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.
95-189, eff.
8-16-07;
95-422, eff.
8-24-07;
95-520, eff.
8-28-07;
95-876, eff.
8-21-08;
95-958, eff.
6-1-09;
95-978, eff.
1-1-09;
revised 10-15-08.) Section 10-25.
The School Code is amended by changing Section 10-22.3f as follows:
(105 ILCS 5/10-22.3f) (Text of Section before amendment by P.A.
95-958) Sec.
10-22.3f.
Required health benefits.
Insurance protection and benefits for employees shall provide the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g.5, 356g.5-1, 356u, 356w, 356x, 356z.6, 356z.9, and 356z.13 356z.11 of the Illinois Insurance Code.
Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois SB1174 Enrolled - 24 - LRB095 04322 RAS 24364 b 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.
95-189, eff.
8-16-07;
95-422, eff.
8-24-07;
95-876, eff.
8-21-08;
95-978, eff.
1-1-09;
revised 10-15-08.) (Text of Section after amendment by P.A.
95-958) Sec.
10-22.3f.
Required health benefits.
Insurance protection and benefits for employees shall provide the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g.5, 356g.5-1, 356u, 356w, 356x, 356z.6, 356z.9, 356z.11, and 356z.12, and 356z.13 356z.11 of the Illinois Insurance Code.
Rulemaking authority to implement this amendatory Act of the 95th General Assembly, 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.
95-189, eff.
8-16-07;
95-422, eff.
8-24-07;
95-876, eff.
8-21-08;
95-958, eff.
6-1-09;
95-978, eff.
1-1-09;
revised 10-15-08.) Section 10-30.
The Health Maintenance Organization Act is amended by changing Section 5-3 as follows:
SB1174 Enrolled - 25 - LRB095 04322 RAS 24364 b (215 ILCS 125/5-3) (from Ch.
116.310) Sec.
1411.2) (Text of Section before amendment by P.A.
95-958) Sec.
5-3.
Insurance Code provisions.
(a) Health Maintenance Organizations shall be subject to the provisions of Sections 133, 134, 137, 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, 355.2, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.13 356z.11, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, 368e, 370c, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection (2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
(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":
(1) a corporation authorized under the Dental Service Plan Act or the Voluntary Health Services Plans Act;
(2) a corporation organized under the laws of this State;
or (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 SB1174 Enrolled - 26 - LRB095 04322 RAS 24364 b organization as is a "domestic company" under Article VIII 1/2 of the Illinois Insurance Code.
(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, (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 acquisition of control takes effect;
(2)(i) the criteria specified in subsection (1)(b) of 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;
(3) the Director shall have the power to require the following information:
(A) certification by an independent actuary of the adequacy of the reserves of the Health Maintenance Organization sought to be acquired;
(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 SB1174 Enrolled - 27 - LRB095 04322 RAS 24364 b 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;
(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 (D) such other information as the Director shall require.
(d) The provisions of Article VIII 1/2 of the Illinois Insurance Code and this Section 5-3 shall apply to the sale by any health maintenance organization of greater than 10% of its enrollee population (including without limitation the health maintenance organization's right, title, and interest in and to its health care certificates).
(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 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.
(f) Except for small employer groups as defined in the SB1174 Enrolled - 28 - LRB095 04322 RAS 24364 b 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 group or other enrollment unit to effect refunds or charge additional premiums under the following terms and conditions:
(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 additional premium is to be charged (which period shall not be less than one year);
and (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 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 SB1174 Enrolled - 29 - LRB095 04322 RAS 24364 b plan years.
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 the resulting additional premium to be paid by the group or enrollment unit.
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.
(g) Rulemaking authority to implement this amendatory Act of the 95th General Assembly, 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.
94-906, eff.
1-1-07;
94-1076, eff.
12-29-06;
95-422, eff.
8-24-07;
95-520, eff.
8-28-07;
95-876, eff.
SB1174 Enrolled - 30 - LRB095 04322 RAS 24364 b 8-21-08;
95-978, eff.
1-1-09;
revised 10-15-08.) (Text of Section after amendment by P.A.
95-958) Sec.
5-3.
Insurance Code provisions.
(a) Health Maintenance Organizations shall be subject to the provisions of Sections 133, 134, 137, 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, 355.2, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13 356z.11, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, 368e, 370c, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection (2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
(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":
(1) a corporation authorized under the Dental Service Plan Act or the Voluntary Health Services Plans Act;
(2) a corporation organized under the laws of this State;
or (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 SB1174 Enrolled - 31 - LRB095 04322 RAS 24364 b substantially the same requirements in its state of organization as is a "domestic company" under Article VIII 1/2 of the Illinois Insurance Code.
(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, (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 acquisition of control takes effect;
(2)(i) the criteria specified in subsection (1)(b) of 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;
(3) the Director shall have the power to require the following information:
(A) certification by an independent actuary of the adequacy of the reserves of the Health Maintenance Organization sought to be acquired;
(B) pro forma financial statements reflecting the combined balance sheets of the acquiring company and the Health Maintenance Organization sought to be SB1174 Enrolled - 32 - LRB095 04322 RAS 24364 b 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;
(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 (D) such other information as the Director shall require.
(d) The provisions of Article VIII 1/2 of the Illinois Insurance Code and this Section 5-3 shall apply to the sale by any health maintenance organization of greater than 10% of its enrollee population (including without limitation the health maintenance organization's right, title, and interest in and to its health care certificates).
(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 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.
SB1174 Enrolled - 33 - LRB095 04322 RAS 24364 b (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 group or other enrollment unit to effect refunds or charge additional premiums under the following terms and conditions:
(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 additional premium is to be charged (which period shall not be less than one year);
and (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 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 SB1174 Enrolled - 34 - LRB095 04322 RAS 24364 b account the refund period and the immediately preceding 2 plan years.
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 the resulting additional premium to be paid by the group or enrollment unit.
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.
(g) Rulemaking authority to implement this amendatory Act of the 95th General Assembly, 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.
94-906, eff.
1-1-07;
94-1076, eff.
12-29-06;
SB1174 Enrolled - 35 - LRB095 04322 RAS 24364 b 95-422, eff.
8-24-07;
95-520, eff.
8-28-07;
95-876, eff.
8-21-08;
95-958, eff.
6-1-09;
95-978, eff.
1-1-09;
revised 10-15-08.) Section 10-35.
The Voluntary Health Services Plans Act is amended by changing Section 10 as follows:
(215 ILCS 165/10) (from Ch.
32, par.
604) (Text of Section before amendment by P.A.
95-958) Sec.
(a) This Act does not prohibit the enforcement of ordinances of units of local government establishing a system for the regulation and inspection of private sewage disposal contractors and a minimum code of standards for design, construction, materials, operation and maintenance of private sewage disposal systems, for the transportation and disposal of wastes therefrom and for private sewage disposal systems servicing equipment, provided such ordinance establishes a system at least equal to state regulation and inspection.
Application of Insurance Code provisions.
Such units of local government who wish to be approved, shall submit a copy of such ordinance including all amendments to the Department requesting approval for such system of regulation and inspection.
Health services plan corporations and all persons interested therein or dealing therewith shall be subject to the provisions of Articles IIA and XII 1/2 and Sections 3.1, 133, 140, 143, 143c, 149, 155.37, 354, 355.2, 356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x, 356y, 356z.1, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.13 356z.11, 364.01, 367.2, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and paragraphs (7) and (15) of Section 367 of the Illinois Insurance Code.
If such plan is approved by the Department the ordinance shall prevail in lieu of the state licensure, fee and inspection program, and the Department shall issue written approval.
Rulemaking authority to implement this amendatory Act of the 95th General Assembly, 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;
Not less than once each year the Department shall evaluate the program to determine whether such SB1174 Engrossed - 2 - LRB095 04322 RAS 24364 b program is being operated in accordance with the approved provisions of existing ordinances.
any purported rule not so adopted, for whatever reason, is unauthorized.
If the Department finds after investigation that such program is not in accordance with the approved program or is not being enforced, the Director shall give written notice of the findings to the chief administrative officer of such unit of local government.
If the Department thereafter finds, not less than 30 days after the giving of such notice that the program is not being conducted in a manner consistent with existing ordinances, the Director shall give written notice of such findings to the chief administrative officer of the unit of local government, and after administrative hearing as provided in this Act, all persons then operating under such unit of local government shall be immediately subject to the state licensure, fee and inspection program.
(b) This Act does not prohibit the enforcement of ordinances of units of local government that require homeowners who maintain a private sewage disposal system within the unit of local government to provide verification, no more frequently than once every 3 years, to the unit of local government of a valid contract with a licensed private sewage disposal system installation contractor.
However, no additional fee may be charged for such verification.
78-812.) Section 99.
94-1076, eff.
12-29-06;
95-189, eff.
8-16-07;
95-331, eff.
8-21-07;
95-422, eff.
8-24-07;
95-520, eff.
SB1174 Enrolled - 36 - LRB095 04322 RAS 24364 b 8-28-07;
95-876, eff.
8-21-08;
95-978, eff.
1-1-09;
revised 10-15-08.) (Text of Section after amendment by P.A.
95-958) Sec.
10.
Application of Insurance Code provisions.
Health services plan corporations and all persons interested therein or dealing therewith shall be subject to the provisions of Articles IIA and XII 1/2 and Sections 3.1, 133, 140, 143, 143c, 149, 155.37, 354, 355.2, 356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x, 356y, 356z.1, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13 356z.11, 364.01, 367.2, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and paragraphs (7) and (15) of Section 367 of the Illinois Insurance Code.
Rulemaking authority to implement this amendatory Act of the 95th General Assembly, 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.
94-1076, eff.
12-29-06;
95-189, eff.
8-16-07;
95-331, eff.
8-21-07;
95-422, eff.
8-24-07;
95-520, eff.
8-28-07;
95-876, eff.
8-21-08;
95-958, eff.
6-1-09;
95-978, eff.
1-1-09;
revised 10-15-08.) Article 15.
Reducing Financial Barriers To Mammography SB1174 Enrolled - 37 - LRB095 04322 RAS 24364 b Section 15-5.
The Illinois Insurance Code is amended by changing Section 356g as follows:
(215 ILCS 5/356g) (from Ch.
73, par.
968g) Sec.
356g.
Mammograms;
mastectomies.
(a) Every insurer shall provide in each group or individual policy, contract, or certificate of insurance issued or renewed for persons who are residents of this State, coverage for screening by low-dose mammography for all women 35 years of age or older for the presence of occult breast cancer within the provisions of the policy, contract, or certificate.
The coverage shall be as follows:
(1) A baseline mammogram for women 35 to 39 years of age.
(2) An annual mammogram for women 40 years of age or older.
(3) A mammogram at the age and intervals considered medically necessary by the woman's health care provider for women under 40 years of age and having a family history of breast cancer, prior personal history of breast cancer, positive genetic testing, or other risk factors.
(4) A comprehensive ultrasound screening of an entire breast or breasts if a mammogram demonstrates heterogeneous or dense breast tissue, when medically necessary as determined by a physician licensed to practice SB1174 Enrolled - 38 - LRB095 04322 RAS 24364 b medicine in all of its branches.
These benefits shall be at least as favorable as for other radiological examinations and subject to the same dollar limits, deductibles, and co-insurance factors.
For purposes of this Section, "low-dose mammography" means the x-ray examination of the breast using equipment dedicated specifically for mammography, including the x-ray tube, filter, compression device, and image receptor, with radiation exposure delivery of less than 1 rad per breast for 2 views of an average size breast.
The term also includes digital mammography.
(a-5) Coverage as described by subsection (a) shall be provided at no cost to the insured and shall not be applied to an annual or lifetime maximum benefit.
(a-10) When health care services are available through contracted providers and a person does not comply with plan provisions specific to the use of contracted providers, the requirements of subsection (a-5) are not applicable.
When a person does not comply with plan provisions specific to the use of contracted providers, plan provisions specific to the use of non-contracted providers must be applied without distinction for coverage required by this Section and shall be at least as favorable as for other radiological examinations covered by the policy or contract.
(b) No policy of accident or health insurance that provides for the surgical procedure known as a mastectomy shall be SB1174 Enrolled - 39 - LRB095 04322 RAS 24364 b issued, amended, delivered, or renewed in this State unless that coverage also provides for prosthetic devices or reconstructive surgery incident to the mastectomy.
Coverage for breast reconstruction in connection with a mastectomy shall include:
(1) reconstruction of the breast upon which the mastectomy has been performed;
(2) surgery and reconstruction of the other breast to produce a symmetrical appearance;
and (3) prostheses and treatment for physical complications at all stages of mastectomy, including lymphedemas.
Care shall be determined in consultation with the attending physician and the patient.
The offered coverage for prosthetic devices and reconstructive surgery shall be subject to the deductible and coinsurance conditions applied to the mastectomy, and all other terms and conditions applicable to other benefits.
When a mastectomy is performed and there is no evidence of malignancy then the offered coverage may be limited to the provision of prosthetic devices and reconstructive surgery to within 2 years after the date of the mastectomy.
As used in this Section, "mastectomy" means the removal of all or part of the breast for medically necessary reasons, as determined by a licensed physician.
Written notice of the availability of coverage under this Section shall be delivered to the insured upon enrollment and SB1174 Enrolled - 40 - LRB095 04322 RAS 24364 b annually thereafter.
An insurer may not deny to an insured eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan solely for the purpose of avoiding the requirements of this Section.
An insurer may not penalize or reduce or limit the reimbursement of an attending provider or provide incentives (monetary or otherwise) to an attending provider to induce the provider to provide care to an insured in a manner inconsistent with this Section.
(c) Rulemaking authority to implement this amendatory Act of the 95th General Assembly, 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.
94-121, eff.
7-6-05;
95-431, eff.
8-24-07.) Section 15-10.
The State Employees Group Insurance Act of 1971 is amended by changing Section 6.11 as follows:
(5 ILCS 375/6.11) (Text of Section before amendment by P.A.
95-958) Sec.
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Action History

  1. Public Act . . . . . . . . . 95-1045

  2. Effective Date March 27, 2009

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 1 Senate Concurs 057-000-000

  7. Added as Chief Co-Sponsor Sen. Dan Kotowski

  8. Added as Chief Co-Sponsor Sen. Donne E. Trotter

  9. Chief Co-Sponsor Changed to Sen. David Koehler

  10. Chief Sponsor Changed to Sen. Jacqueline Y. Collins

  11. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  12. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Public Health; 006-000-000

  13. House Floor Amendment No. 1 Motion to Concur Rules Referred to Public Health

  14. House Floor Amendment No. 1 Motion to Concur Referred to Rules

  15. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. David Koehler

  16. Sponsor Removed Sen. Jacqueline Y. Collins

  17. Placed on Calendar Order of Concurrence House Amendment(s) December 15, 2008; 01

  18. Secretary's Desk - Concurrence House Amendment(s) 01

  19. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  20. Added Alternate Co-Sponsor Rep. Jim Sacia

  21. Added Alternate Co-Sponsor Rep. Michael P. McAuliffe

  22. Added Alternate Co-Sponsor Rep. William B. Black

  23. Added Alternate Co-Sponsor Rep. Donald L. Moffitt

  24. Added Alternate Co-Sponsor Rep. Jim Durkin

  25. Added Alternate Co-Sponsor Rep. Bill Mitchell

  26. Added Alternate Co-Sponsor Rep. Dave Winters

  27. Added Alternate Co-Sponsor Rep. Ruth Munson

  28. Added Alternate Co-Sponsor Rep. Ron Stephens

  29. Added Alternate Co-Sponsor Rep. Mike Fortner

  30. Added Alternate Co-Sponsor Rep. Timothy L. Schmitz

  31. Added Alternate Co-Sponsor Rep. Richard P. Myers

  32. Added Alternate Co-Sponsor Rep. Suzanne Bassi

  33. Added Alternate Co-Sponsor Rep. Ed Sullivan, Jr.

  34. Added Alternate Co-Sponsor Rep. Jim Watson

  35. Added Alternate Co-Sponsor Rep. Jil Tracy

  36. Added Alternate Co-Sponsor Rep. Tom Cross

  37. Added Alternate Co-Sponsor Rep. Roger L. Eddy

  38. Added Alternate Co-Sponsor Rep. Patricia R. Bellock

  39. Added Alternate Co-Sponsor Rep. Franco Coladipietro

  40. Added Alternate Co-Sponsor Rep. Sandy Cole

  41. Added Alternate Co-Sponsor Rep. Robert W. Pritchard

  42. Added Alternate Co-Sponsor Rep. Bob Biggins

  43. Added Alternate Co-Sponsor Rep. Harry R. Ramey, Jr.

  44. Added Alternate Co-Sponsor Rep. Sandra M. Pihos

  45. Added Alternate Co-Sponsor Rep. Renée Kosel

  46. Added Alternate Co-Sponsor Rep. Mike Bost

  47. Added Alternate Co-Sponsor Rep. Rich Brauer

  48. Added Alternate Co-Sponsor Rep. Raymond Poe

  49. Added Alternate Co-Sponsor Rep. Michael Tryon

  50. Added Alternate Co-Sponsor Rep. James H. Meyer

  51. Added Alternate Co-Sponsor Rep. Dennis M. Reboletti

  52. Added Alternate Co-Sponsor Rep. Brent Hassert

  53. Added Alternate Co-Sponsor Rep. JoAnn D. Osmond

  54. Added Alternate Co-Sponsor Rep. Ronald A. Wait

  55. Added Alternate Co-Sponsor Rep. Rosemary Mulligan

  56. Added Alternate Co-Sponsor Rep. David R. Leitch

  57. Added Alternate Co-Sponsor Rep. Elizabeth Coulson

  58. Third Reading - Short Debate - Passed 110-000-000

  59. Placed on Calendar Order of 3rd Reading - Short Debate

  60. House Floor Amendment No. 1 Adopted by Voice Vote

  61. Recalled to Second Reading - Short Debate

  62. Added Alternate Co-Sponsor Rep. Jack D. Franks

  63. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  64. Added Alternate Co-Sponsor Rep. Arthur L. Turner

  65. Added Alternate Chief Co-Sponsor Rep. Monique D. Davis

  66. Added Alternate Chief Co-Sponsor Rep. LaShawn K. Ford

  67. Added Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie

  68. Added Alternate Chief Co-Sponsor Rep. David E. Miller

  69. Alternate Chief Sponsor Changed to Rep. Greg Harris

  70. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000

  71. House Floor Amendment No. 1 Referred to Rules Committee

  72. House Floor Amendment No. 1 Filed with Clerk by Rep. Greg Harris

  73. Placed on Calendar Order of 3rd Reading - Short Debate

  74. Approved for Consideration Rules Committee; 003-000-000

  75. Final Action Deadline Extended-9(b) November 30, 2008

  76. Alternate Chief Sponsor Changed to Rep. David E. Miller

  77. Rule 19(a) / Re-referred to Rules Committee

  78. Final Action Deadline Extended-9(b) January 10, 2008

  79. Final Action Deadline Extended-9(b) November 30, 2007

  80. Final Action Deadline Extended-9(b) November 2, 2007

  81. Final Action Deadline Extended-9(b) October 12, 2007

  82. Final Action Deadline Extended-9(b) October 5, 2007

  83. Final Action Deadline Extended-9(b) September 5, 2007

  84. Final Action Deadline Extended-9(b) August 24, 2007

  85. Final Action Deadline Extended-9(b) August 17, 2007

  86. Final Action Deadline Extended-9(b) August 10, 2007

  87. Final Action Deadline Extended-9(b) August 4, 2007

  88. Final Action Deadline Extended-9(b) July 31, 2007

  89. Final Action Deadline Extended-9(b) June 30, 2007

  90. Final Action Deadline Extended-9(b) June 22, 2007

  91. Final Action Deadline Extended-9(b) June 15, 2007

  92. Final Action Deadline Extended-9(b) June 8, 2007

  93. Placed on Calendar Order of 3rd Reading - Short Debate

  94. Second Reading - Short Debate

  95. Balanced Budget Note Filed

  96. Fiscal Note Filed

  97. Pension Note Filed

  98. Home Rule Note Filed

  99. State Mandates Fiscal Note Filed

  100. State Debt Impact Note Filed

  101. Housing Affordability Impact Note Filed

  102. Judicial Note Filed

  103. Placed on Calendar 2nd Reading - Short Debate

  104. Do Pass / Short Debate Registration and Regulation Committee; 021-000-000

  105. Assigned to Registration and Regulation Committee

  106. Referred to Rules Committee

  107. First Reading

  108. Chief House Sponsor Rep. Michael K. Smith

  109. Placed on Calendar Order of First Reading

  110. Arrived in House

  111. Third Reading - Passed; 045-009-000

  112. Placed on Calendar Order of 3rd Reading March 6, 2007

  113. Second Reading

  114. Added as Chief Co-Sponsor Sen. Dale E. Risinger

  115. Placed on Calendar Order of 2nd Reading March 2, 2007

  116. Do Pass as Amended Environment and Energy; 009-002-000

  117. Senate Committee Amendment No. 1 Adopted

  118. Senate Committee Amendment No. 1 Rules Refers to Environment and Energy

  119. Senate Committee Amendment No. 1 Referred to Rules

  120. Senate Committee Amendment No. 1 Filed with Secretary by Sen. David Koehler

  121. Assigned to Environment and Energy

  122. Referred to Rules

  123. First Reading

  124. Filed with Secretary by Sen. David Koehler

Sponsors

  • Jil Tracy · Cosponsor
  • Arthur L. Turner · Cosponsor
  • Jack D. Franks · Cosponsor
  • Elizabeth Coulson · Cosponsor
  • David R. Leitch · Cosponsor
  • Rosemary Mulligan · Cosponsor
  • Ronald A. Wait · Cosponsor
  • JoAnn D. Osmond · Cosponsor
  • Brent Hassert · Cosponsor
  • Dennis M. Reboletti · Cosponsor
  • James H. Meyer · Cosponsor
  • Michael Tryon · Cosponsor
  • Raymond Poe · Cosponsor
  • Rich Brauer · Cosponsor
  • Mike Bost · Cosponsor
  • Renée Kosel · Cosponsor
  • Sandra M. Pihos · Cosponsor
  • Jr. Harry R. Ramey · Cosponsor
  • Bob Biggins · Cosponsor
  • Robert W. Pritchard · Cosponsor
  • Sandy Cole · Cosponsor
  • Franco Coladipietro · Cosponsor
  • Patricia R. Bellock · Cosponsor
  • Roger L. Eddy · Cosponsor
  • Tom Cross · Cosponsor
  • Jim Watson · Cosponsor
  • Jr. Ed Sullivan · Cosponsor
  • Suzanne Bassi · Cosponsor
  • Richard P. Myers · Cosponsor
  • Timothy L. Schmitz · Cosponsor
  • Mike Fortner · Cosponsor
  • Ron Stephens · Cosponsor
  • Ruth Munson · Cosponsor
  • Dave Winters · Cosponsor
  • Bill Mitchell · Cosponsor
  • Jim Durkin · Cosponsor
  • Donald L. Moffitt · Cosponsor
  • William B. Black · Cosponsor
  • Michael P. McAuliffe · Cosponsor
  • Jim Sacia · Cosponsor
  • Lakesia Collins · Cosponsor
  • Chapa LaVia · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 42 co-sponsors · 141 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (42)

  • Jil Tracy Republican
  • Arthur L. Turner
  • Jack D. Franks
  • Elizabeth Coulson
  • David R. Leitch
  • Rosemary Mulligan
  • Ronald A. Wait
  • JoAnn D. Osmond
  • Brent Hassert
  • Dennis M. Reboletti
  • James H. Meyer
  • Michael Tryon
  • Raymond Poe
  • Rich Brauer
  • Mike Bost
  • Renée Kosel
  • Sandra M. Pihos
  • Harry R. Ramey, Jr.
  • Bob Biggins
  • Robert W. Pritchard
  • Sandy Cole
  • Franco Coladipietro
  • Patricia R. Bellock
  • Roger L. Eddy
  • Tom Cross
  • Jim Watson
  • Ed Sullivan, Jr.
  • Suzanne Bassi
  • Richard P. Myers
  • Timothy L. Schmitz
  • Mike Fortner
  • Ron Stephens
  • Ruth Munson
  • Dave Winters
  • Bill Mitchell
  • Jim Durkin
  • Donald L. Moffitt
  • William B. Black
  • Michael P. McAuliffe
  • Jim Sacia
  • Lakesia Collins Democrat
  • Chapa LaVia

Not signed on (141)

141 members have not signed on to this bill.

Show all 141 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 1

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 47002
Democrat 9000
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Hendon — Yea
Link — Yea
Maloney — Yea
Martinez — Yea
Meeks — Yea
Millner — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Brady — Yea
Sullivan — Yea
Munoz — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dillard — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Kotowski — Yea
Cullerton — Yea
Jacobs — Yea
Jones, J. — Yea
Demuzio — Yea
Watson — Not Voting
Noland — Yea
Radogno — Yea
Viverito — Yea
Wilhelmi — Yea
Dahl — Yea
DeLeo — Yea
Hultgren — Not Voting
Hutchinson — Yea
Pankau — Yea
Peterson — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Lauzen — Yea
Luechtefeld — Yea
Althoff — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 110 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 97008
Democrat 9000
Republican 4000
Total 110008
% of votes cast 93%0%0%7%
How each member voted (118)
Member Party Vote
Munson — Yea
Hassert — Yea
Jakobsson — Yea
Jefferies — Yea
Jefferson — Yea
Krause — Yea
Lang — Yea
Lindner — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
McAuliffe — Yea
Mendoza — Yea
Meyer — Yea
Moffitt — Yea
Molaro — Yea
Mulligan — Yea
Myers — Yea
Nekritz — Yea
Osterman — Yea
McGuire — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Bradley, John — Yea
Wait — Yea
Washington — Yea
Brady — Yea
Winters — Yea
Mitchell, Jerry — Yea
Burke — Yea
Sullivan — Yea
Hannig — Yea
Harris — Yea
Hernandez — Yea
Watson — Yea
Howard — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Graham — Yea
Hamos — Yea
Holbrook — Yea
Davis, Monique — Yea
Bradley, Richard — Not Voting
Mitchell, Bill — Not Voting
Madigan — Yea
McCarthy — Not Voting
Phelps — Yea
Poe — Yea
Schock — Not Voting
Yarbrough — Yea
Younge — Yea
Cultra — Not Voting
Currie — Yea
D'Amico — Yea
Granberg — Not Voting
Kosel — Not Voting
Osmond — Yea
Patterson — Not Voting
Pihos — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Scully — Yea
Sommer — Yea
Soto — Yea
Leitch — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Mathias — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Eddy — Yea
Gordon — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 45 Yea · 9 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 36805
Democrat 9000
Republican 0100
Total 45905
% of votes cast 76%15%0%8%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Hultgren — Yea
Lauzen — Nay
Link — Yea
Maloney — Yea
Meeks — Not Voting
Millner — Yea
Noland — Yea
Peterson — Yea
Schoenberg — Yea
Sullivan — Yea
Munoz — Yea
Sieben — Not Voting
Silverstein — Yea
Trotter — Not Voting
Viverito — Yea
Cullerton — Yea
Wilhelmi — Yea
Demuzio — Yea
Brady — Nay
Watson — Nay
Jones, J. — Nay
Jacobs — Not Voting
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Nay
DeLeo — Yea
Dillard — Yea
Forby — Nay
Garrett — Yea
Haine — Yea
Hendon — Yea
Kotowski — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Nay
Sandoval — Yea
Luechtefeld — Not Voting
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Nay
Frerichs — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Nay

Official roll call →

Subjects

public-safety housing environment
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Frequently asked questions

What does SB 1174 do?
Amends the Private Sewage Disposal Licensing Act. Permits a unit of local government to require homeowners who maintain a private sewage disposal system within the unit of local government to provide verification, on an annual basis, to the unit of local government of a valid contract with a licensed private sewage disposal system installation contractor. Effective immediately.
Who sponsors SB 1174?
SB 1174 is sponsored by Jil Tracy (Republican), Arthur L. Turner, Jack D. Franks, Elizabeth Coulson, David R. Leitch, Rosemary Mulligan, Ronald A. Wait, JoAnn D. Osmond, Brent Hassert, Dennis M. Reboletti, James H. Meyer, Michael Tryon, Raymond Poe, Rich Brauer, Mike Bost, Renée Kosel, Sandra M. Pihos, Harry R. Ramey, Jr., Bob Biggins, Robert W. Pritchard, Sandy Cole, Franco Coladipietro, Patricia R. Bellock, Roger L. Eddy, Tom Cross, Jim Watson, Ed Sullivan, Jr., Suzanne Bassi, Richard P. Myers, Timothy L. Schmitz, Mike Fortner, Ron Stephens, Ruth Munson, Dave Winters, Bill Mitchell, Jim Durkin, Donald L. Moffitt, William B. Black, Michael P. McAuliffe, Jim Sacia, Lakesia Collins (Democrat), and Chapa LaVia.
What is the current status of SB 1174?
This bill has been enacted into law. Introduced February 08, 2007. Enacted.
Where can I track SB 1174?
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