Article XIXB - Small Employer Group Health Insurance Law


      (215 ILCS 5/Art. XIXB heading)
ARTICLE XIXB
SMALL EMPLOYER GROUP HEALTH INSURANCE LAW

    (215 ILCS 5/351B‑1) (from Ch. 73, par. 963B‑1)
    Sec. 351B‑1. Short title. This Article may be cited as the Small Employer Group Health Insurance Law.
(Source: P.A. 86‑1407.)

    (215 ILCS 5/351B‑2) (from Ch. 73, par. 963B‑2)
    Sec. 351B‑2. Findings and purpose.
    (a) The General Assembly finds that the cost of group health insurance is becoming unaffordable to many small employers and their employees. Further, because of the unaffordability of this type of insurance, in some cases due to the cost of mandated benefits, a significant segment of the State's working population is unable to pay for many health care services which is increasing the cost of health insurance for current purchasers through a cost shift.
    (b) It is the purpose and intent of this amendatory Act of 1990 to authorize a program whereby small employers may obtain affordable group health insurance that will increase access to health care, assist in the reduction of the amount of uncompensated care, and reduce the number of uninsured people in this State.
(Source: P.A. 86‑1407.)

    (215 ILCS 5/351B‑3) (from Ch. 73, par. 963B‑3)
    Sec. 351B‑3. Small employer group accident and health insurance.
    (a) Small employer group accident and health insurance is hereby declared to be that form of accident and health insurance that provides coverage for each person insured under the group policy for the expenses incurred because of care rendered by a physician or hospital for the treatment of an injury or sickness and which covers not more than 25 employees, members, or employees of members (exclusive of dependents) written under a master policy issued to any governmental corporation, unit, agency, or department thereof or to any corporation, copartnership, or individual employer or to any association upon application of an executive officer or trustee of an association having a constitution or bylaws and formed in good faith for purposes other than that of obtaining insurance, where officers, members, employees, or employees of members or classes or departments thereof may be insured for their individual benefit. In addition, a small employer group accident and health policy may be written to insure any group that may be insured under a group life insurance policy as long as the number of employees, members, or employees of members (exclusive of dependents) does not exceed 25. The term "employees" shall include the officers, managers, and employees of subsidiary or affiliated corporations, and the individual proprietors, partners, and employees of affiliated individuals or firms when the business of the subsidiary or affiliated corporations or affiliated firms or individuals is controlled by a common employer through stock ownership, contract, or otherwise.
    (b) For the purpose of providing coverage authorized under this Article a trust composed of employers or members each of which has 25 or fewer employees (exclusive of dependents) may serve as the master policyholder.
(Source: P.A. 86‑1407.)

    (215 ILCS 5/351B‑4) (from Ch. 73, par. 963B‑4)
    Sec. 351B‑4. Small employer group accident and health insurance policy requirements.
    (a) Any insurance company authorized to write accident and health insurance in this State shall have power to issue small employer group accident and health policies. No policy of small employer group accident and health insurance may be issued or delivered in this State unless a copy of the form thereof has been filed with the Department and approved by it in accordance with Section 355, unless it contains in substance those provisions contained in Sections 357.1 through 357.30 as may be applicable to small employer group accident and health insurance and unless it contains the provisions set forth in this Section.
    (b) The policy must provide that the policy, the application of the employer or the executive officer or trustee of any association and the individual applications, if any, of the employees, members, or employees of members insured shall constitute the entire contract between the parties, and that all statements made by the employer or executive officer or trustee, or by the individual employees, members, or employees of members shall (in the absence of fraud) be deemed representations and not warranties, and that none of those statements may be used in defense to a claim under the policy unless it is contained in a written application.
    (c) The policy must provide that the insurer will issue to the employer or to the executive officer or trustee of the association, for delivery to the employee, member, or employee of a member who is insured under the policy, an individual certificate setting forth a statement as to the insurance protection to which he is entitled and to whom payable.
    (d) The policy must provide that all new employees of the employer, new members of the association, or new employees of members eligible and applying for insurance in the group or class shall be added periodically to the group or class originally insured.
    (e) Anything in this Code to the contrary notwithstanding, any small employer group accident and health insurance policy may provide that all or any portion of any indemnities provided by the policy on account of hospital, nursing, medical, or surgical services may, at the insurer's option, be paid directly to the hospital or person rendering the services; but the policy may not require that the service be rendered by a particular hospital or person. Payment so made shall discharge the insurer's obligation with respect to the amount of insurance so paid. Nothing in this subsection shall prohibit an insurer from providing incentives for insureds to utilize the services of a particular hospital or person.
    (f) Whenever the Department of Public Health finds that it has paid all or part of any hospital or medical expenses that an insurance carrier is obligated to pay under this Article, the Department of Public Health shall be entitled to receive reimbursement for its payments from the insurance carrier, provided that the Department of Public Health has notified the insurance carrier of its claim before the carrier has paid the benefits to its insureds or the insureds' assignees.
    (g) No group hospital, medical, or surgical expense policy under this Article shall contain any provision whereby benefits otherwise payable thereunder are subject to reduction solely on account of the existence of similar benefits provided under other group or group type accident and sickness insurance policies where the reduction would operate to reduce total benefits payable under the policies below an amount equal to 100% of total allowable expenses provided under the policies.
    (h) When dependents of insureds are covered under 2 policies, both of which contain coordination of benefits provisions, benefits of the policy of the insured whose birthday falls earlier in the year are determined before those of the policy of the insured whose birthday falls later in the year. "Birthday", as used herein, refers only to the month and day in a calendar year, not the year in which the person was born. The Department shall promulgate rules defining the order of benefit determination under this subsection.
    (i) Discrimination between individuals of the same class of risk in the issuance of policies, in the amount of premiums or rates charged for any insurance covered by this Article, in benefits payable thereon, in any of the terms or conditions of the policy, or in any other manner whatsoever is prohibited. Nothing in this subsection shall prohibit an insurer from providing incentives for insureds to utilize the services of a particular hospital or person.
    (j) No company shall make or permit any distinction or discrimination against individuals solely because of handicaps or disabilities in (i) the amount of payment of premiums or rates charged for policies of insurance, (ii) the amount of any dividends or other benefits payable thereon, or (iii) any other terms and conditions of the contract it makes, except where the distinction or discrimination is based on sound actuarial principles or is related to actual or reasonably anticipated experience.
    (k) No company shall refuse to insure or refuse to continue to insure, limit the amount or extent or kind of coverage available to an individual, or charge an individual a different rate for the same coverage solely because of blindness or partial blindness. With respect to all other conditions, including the underlying cause of the blindness or partial blindness, persons who are blind or partially blind shall be subject to the same standards of sound actuarial principles or actual or reasonably anticipated experience as are sighted persons. Refusal to insure includes denial by an insurer of disability insurance coverage on the grounds that the policy defines "disability" as being presumed in the event that the insured loses his or her eyesight. However, an insurer may exclude from coverage disability consisting solely of blindness or partial blindness when the condition existed at the time the policy was issued.
(Source: P.A. 86‑1407.)

    (215 ILCS 5/351B‑5) (from Ch. 73, par. 963B‑5)
    Sec. 351B‑5. Applicability of other Code provisions. All policies of accident and health insurance issued under this Article shall be subject to the provisions of Sections 356c, subsection (a) of Section 356g, 356h, 356n, 367c, 367d, 370, 370a, and 370e of this Code.
(Source: P.A. 86‑1407; 87‑792; 87‑1066.)

    (215 ILCS 5/351B‑6) (from Ch. 73, par. 963B‑6)
    Sec. 351B‑6. The Director shall by rule prescribe a method to collect data from health insurers and employers relating to the coverage sold under this Article. The data shall include the number of groups purchasing this coverage, the extent to which other coverage has been replaced with this coverage, if any, the number of insureds, and a summary of the types of coverage provided by policies authorized by this Article. Statistically valid survey methods may be used to compile this data.
    Not later than March 31, 1993, the Director shall provide a written report of this data to the Governor and to the General Assembly.
(Source: P.A. 86‑1407.)

    (215 ILCS 5/351B‑7) (from Ch. 73, par. 963B‑7)
    Sec. 351B‑7. (Repealed).
(Source: Repealed by P.A. 88‑190.)