Bill Amendment: IL HB5001 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: INS-MAMMOGRAM COVERAGE
Status: 2026-08-07 - Public Act . . . . . . . . . 104-0783 [HB5001 Detail]
Download: Illinois-2025-HB5001-House_Amendment_002.html
Bill Title: INS-MAMMOGRAM COVERAGE
Status: 2026-08-07 - Public Act . . . . . . . . . 104-0783 [HB5001 Detail]
Download: Illinois-2025-HB5001-House_Amendment_002.html
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| 1 | AMENDMENT TO HOUSE BILL 5001 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 5001, AS AMENDED, | ||||||
| 3 | by replacing everything after the enacting clause with the | ||||||
| 4 | following: | ||||||
| 5 | "Section 5. The Illinois Insurance Code is amended by | ||||||
| 6 | changing Section 356g as follows: | ||||||
| 7 | (215 ILCS 5/356g) (from Ch. 73, par. 968g) | ||||||
| 8 | Sec. 356g. Mammograms; mastectomies. | ||||||
| 9 | (a) Every insurer shall provide in each group or | ||||||
| 10 | individual policy, contract, or certificate of insurance | ||||||
| 11 | issued or renewed for persons who are residents of this State, | ||||||
| 12 | coverage for screening by low-dose mammography for all | ||||||
| 13 | patients 35 years of age or older for the presence of occult | ||||||
| 14 | breast cancer within the provisions of the policy, contract, | ||||||
| 15 | or certificate. The coverage shall be as follows: | ||||||
| 16 | (1) A baseline mammogram for patients 35 to 39 years | ||||||
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| 1 | of age. | ||||||
| 2 | (2) An annual mammogram for patients 40 years of age | ||||||
| 3 | or older. | ||||||
| 4 | (3) A mammogram at the age and intervals considered | ||||||
| 5 | medically necessary by the patient's health care provider | ||||||
| 6 | for patients under 40 years of age and having a family | ||||||
| 7 | history of breast cancer, prior personal history of breast | ||||||
| 8 | cancer, positive genetic testing, or other risk factors. | ||||||
| 9 | (4) For an individual or group policy of accident and | ||||||
| 10 | health insurance or a managed care plan that is amended, | ||||||
| 11 | delivered, issued, or renewed on or after January 1, 2020 | ||||||
| 12 | (the effective date of Public Act 101-580) and before the | ||||||
| 13 | effective date of this amendatory Act of the 103rd General | ||||||
| 14 | Assembly, a comprehensive ultrasound screening and MRI of | ||||||
| 15 | an entire breast or breasts if a mammogram demonstrates | ||||||
| 16 | heterogeneous or dense breast tissue or when medically | ||||||
| 17 | necessary as determined by a physician licensed to | ||||||
| 18 | practice medicine in all of its branches. | ||||||
| 19 | (4.3) For an individual or group policy of accident | ||||||
| 20 | and health insurance or a managed care plan that is | ||||||
| 21 | amended, delivered, issued, or renewed on or after the | ||||||
| 22 | effective date of this amendatory Act of the 103rd General | ||||||
| 23 | Assembly, a comprehensive ultrasound screening and MRI of | ||||||
| 24 | an entire breast or breasts if a mammogram demonstrates | ||||||
| 25 | heterogeneous or dense breast tissue or when medically | ||||||
| 26 | necessary as determined by a physician licensed to | ||||||
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| 1 | practice medicine in all of its branches, advanced | ||||||
| 2 | practice registered nurse, or physician assistant. | ||||||
| 3 | (4.5) For a group policy of accident and health | ||||||
| 4 | insurance that is amended, delivered, issued, or renewed | ||||||
| 5 | on or after the effective date of this amendatory Act of | ||||||
| 6 | the 103rd General Assembly, molecular breast imaging (MBI) | ||||||
| 7 | of an entire breast or breasts if a mammogram demonstrates | ||||||
| 8 | heterogeneous or dense breast tissue or when medically | ||||||
| 9 | necessary as determined by a physician licensed to | ||||||
| 10 | practice medicine in all of its branches, advanced | ||||||
| 11 | practice registered nurse, or physician assistant. | ||||||
| 12 | (5) A screening MRI when medically necessary, as | ||||||
| 13 | determined by a physician licensed to practice medicine in | ||||||
| 14 | all of its branches. | ||||||
| 15 | (6) For an individual or group policy of accident and | ||||||
| 16 | health insurance or a managed care plan that is amended, | ||||||
| 17 | delivered, issued, or renewed on or after January 1, 2020 | ||||||
| 18 | (the effective date of Public Act 101-580), a diagnostic | ||||||
| 19 | mammogram when medically necessary, as determined by a | ||||||
| 20 | physician licensed to practice medicine in all its | ||||||
| 21 | branches, advanced practice registered nurse, or physician | ||||||
| 22 | assistant. | ||||||
| 23 | A policy subject to this subsection shall not impose a | ||||||
| 24 | deductible, coinsurance, copayment, or any other cost-sharing | ||||||
| 25 | requirement on the coverage provided; except that this | ||||||
| 26 | sentence does not apply to coverage of diagnostic mammograms | ||||||
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| 1 | to the extent such coverage would disqualify a high-deductible | ||||||
| 2 | health plan from eligibility for a health savings account | ||||||
| 3 | pursuant to Section 223 of the Internal Revenue Code (26 | ||||||
| 4 | U.S.C. 223). | ||||||
| 5 | For purposes of this Section: | ||||||
| 6 | "Diagnostic mammogram" means a mammogram obtained using | ||||||
| 7 | diagnostic mammography. | ||||||
| 8 | "Diagnostic mammography" means a method of screening that | ||||||
| 9 | is designed to evaluate an abnormality in a breast, including | ||||||
| 10 | an abnormality seen or suspected on a screening mammogram or a | ||||||
| 11 | subjective or objective abnormality otherwise detected in the | ||||||
| 12 | breast. | ||||||
| 13 | "Low-dose mammography" means the x-ray examination of the | ||||||
| 14 | breast using equipment dedicated specifically for mammography, | ||||||
| 15 | including the x-ray tube, filter, compression device, and | ||||||
| 16 | image receptor, with radiation exposure delivery of less than | ||||||
| 17 | 1 rad per breast for 2 views of an average size breast. The | ||||||
| 18 | term also includes digital mammography and includes breast | ||||||
| 19 | tomosynthesis. As used in this Section, the term "breast | ||||||
| 20 | tomosynthesis" means a radiologic procedure that involves the | ||||||
| 21 | acquisition of projection images over the stationary breast to | ||||||
| 22 | produce cross-sectional digital three-dimensional images of | ||||||
| 23 | the breast. | ||||||
| 24 | If, at any time, the Secretary of the United States | ||||||
| 25 | Department of Health and Human Services, or its successor | ||||||
| 26 | agency, promulgates rules or regulations to be published in | ||||||
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| 1 | the Federal Register or publishes a comment in the Federal | ||||||
| 2 | Register or issues an opinion, guidance, or other action that | ||||||
| 3 | would require the State, pursuant to any provision of the | ||||||
| 4 | Patient Protection and Affordable Care Act (Public Law | ||||||
| 5 | 111-148), including, but not limited to, 42 U.S.C. | ||||||
| 6 | 18031(d)(3)(B) or any successor provision, to defray the cost | ||||||
| 7 | of any coverage for breast tomosynthesis outlined in this | ||||||
| 8 | subsection, then the requirement that an insurer cover breast | ||||||
| 9 | tomosynthesis is inoperative other than any such coverage | ||||||
| 10 | authorized under Section 1902 of the Social Security Act, 42 | ||||||
| 11 | U.S.C. 1396a, and the State shall not assume any obligation | ||||||
| 12 | for the cost of coverage for breast tomosynthesis set forth in | ||||||
| 13 | this subsection. | ||||||
| 14 | (a-5) Coverage as described by subsection (a) shall be | ||||||
| 15 | provided at no cost to the insured and shall not be applied to | ||||||
| 16 | an annual or lifetime maximum benefit. | ||||||
| 17 | (a-10) When health care services are available through | ||||||
| 18 | contracted providers and a person does not comply with plan | ||||||
| 19 | provisions specific to the use of contracted providers, the | ||||||
| 20 | requirements of subsection (a-5) are not applicable. When a | ||||||
| 21 | person does not comply with plan provisions specific to the | ||||||
| 22 | use of contracted providers, plan provisions specific to the | ||||||
| 23 | use of non-contracted providers must be applied without | ||||||
| 24 | distinction for coverage required by this Section and shall be | ||||||
| 25 | at least as favorable as for other radiological examinations | ||||||
| 26 | covered by the policy or contract. | ||||||
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| 1 | (a-15) Notwithstanding any age requirement set forth in | ||||||
| 2 | this Section, coverage shall be consistent with evidence-based | ||||||
| 3 | clinical guidelines, including, but not limited to, guidelines | ||||||
| 4 | established by the National Comprehensive Cancer Network, and | ||||||
| 5 | shall be provided in accordance with the determination of a | ||||||
| 6 | health care provider, including coverage for individuals under | ||||||
| 7 | 35 years of age when appropriate. Nothing in this subsection | ||||||
| 8 | shall be construed to limit coverage otherwise required under | ||||||
| 9 | this Section based on age. | ||||||
| 10 | (b) No policy of accident or health insurance that | ||||||
| 11 | provides for the surgical procedure known as a mastectomy | ||||||
| 12 | shall be issued, amended, delivered, or renewed in this State | ||||||
| 13 | unless that coverage also provides for prosthetic devices or | ||||||
| 14 | reconstructive surgery incident to the mastectomy. Coverage | ||||||
| 15 | for breast reconstruction in connection with a mastectomy | ||||||
| 16 | shall include: | ||||||
| 17 | (1) reconstruction of the breast upon which the | ||||||
| 18 | mastectomy has been performed; | ||||||
| 19 | (2) surgery and reconstruction of the other breast to | ||||||
| 20 | produce a symmetrical appearance; and | ||||||
| 21 | (3) prostheses and treatment for physical | ||||||
| 22 | complications at all stages of mastectomy, including | ||||||
| 23 | lymphedemas. | ||||||
| 24 | Care shall be determined in consultation with the attending | ||||||
| 25 | physician and the patient. The offered coverage for prosthetic | ||||||
| 26 | devices and reconstructive surgery shall be subject to the | ||||||
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| 1 | deductible and coinsurance conditions applied to the | ||||||
| 2 | mastectomy, and all other terms and conditions applicable to | ||||||
| 3 | other benefits. When a mastectomy is performed and there is no | ||||||
| 4 | evidence of malignancy then the offered coverage may be | ||||||
| 5 | limited to the provision of prosthetic devices and | ||||||
| 6 | reconstructive surgery to within 2 years after the date of the | ||||||
| 7 | mastectomy. As used in this Section, "mastectomy" means the | ||||||
| 8 | removal of all or part of the breast for medically necessary | ||||||
| 9 | reasons, as determined by a licensed physician. | ||||||
| 10 | Written notice of the availability of coverage under this | ||||||
| 11 | Section shall be delivered to the insured upon enrollment and | ||||||
| 12 | annually thereafter. An insurer may not deny to an insured | ||||||
| 13 | eligibility, or continued eligibility, to enroll or to renew | ||||||
| 14 | coverage under the terms of the plan solely for the purpose of | ||||||
| 15 | avoiding the requirements of this Section. An insurer may not | ||||||
| 16 | penalize or reduce or limit the reimbursement of an attending | ||||||
| 17 | provider or provide incentives (monetary or otherwise) to an | ||||||
| 18 | attending provider to induce the provider to provide care to | ||||||
| 19 | an insured in a manner inconsistent with this Section. | ||||||
| 20 | (c) Rulemaking authority to implement Public Act 95-1045, | ||||||
| 21 | if any, is conditioned on the rules being adopted in | ||||||
| 22 | accordance with all provisions of the Illinois Administrative | ||||||
| 23 | Procedure Act and all rules and procedures of the Joint | ||||||
| 24 | Committee on Administrative Rules; any purported rule not so | ||||||
| 25 | adopted, for whatever reason, is unauthorized. | ||||||
| 26 | (Source: P.A. 103-808, eff. 1-1-26.) | ||||||
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| 1 | Section 99. Effective date. This Act takes effect January | ||||||
| 2 | 1, 2028.". | ||||||
