Bill Amendment: IL SB2762 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: INS-SEIZURE DETECTION DEVICE

Status: 2026-06-29 - Sent to the Governor [SB2762 Detail]

Download: Illinois-2025-SB2762-House_Amendment_002.html

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Rep. Bob Morgan

Filed: 5/25/2026

 

 

 

10400SB2762ham002 LRB104 16499 BAB 38211 a
AMENDMENT TO SENATE BILL 2762
AMENDMENT NO. ______. Amend Senate Bill 2762 by replacing
everything after the enacting clause with the following:
"Section 5. 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. 104-446)
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, 356g.5, 356g.5-1, 356m, 356q, 356u,
356u.10, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9,
356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22,

10400SB2762ham002 - 2 - LRB104 16499 BAB 38211 a
356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 356z.33, 356z.36,
356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51,
356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61,
356z.62, 356z.64, 356z.67, 356z.68, 356z.70, 356z.71, 356z.74,
and 356z.77, 356z.79, and 356z.80, 356z.81, 356z.82, 356z.83,
356z.84, 356z.85, and 356z.88 of the Illinois Insurance Code.
The coverage shall comply with Sections 155.22a, 355b,
356z.19, and 370c of the Illinois Insurance Code. The
Department of Insurance shall enforce the requirements of this
Section. 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 Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 103-84, eff. 1-1-24; 103-91, eff. 1-1-24;
103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff.
8-11-23; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-718,
eff. 7-19-24; 103-751, eff. 8-2-24; 103-914, eff. 1-1-25;
103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; 104-1, eff.

10400SB2762ham002 - 3 - LRB104 16499 BAB 38211 a
6-9-25; 104-42, eff. 8-1-25; 104-68, eff. 1-1-26; 104-73, eff.
1-1-26; 104-289, eff. 1-1-26; 104-324, eff. 1-1-26; 104-379,
eff. 1-1-26; 104-417, eff. 8-15-25; revised 1-7-26.)
(Text of Section after amendment by P.A. 104-446)
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, 356g.5, 356g.5-1, 356m, 356q, 356u,
356u.10, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9,
356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22,
356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 356z.33, 356z.36,
356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51,
356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61,
356z.62, 356z.64, 356z.67, 356z.68, 356z.70, 356z.71, 356z.74,
and 356z.77, 356z.79, and 356z.80, 356z.81, 356z.82, 356z.83,
356z.84, 356z.85, and 356z.88 of the Illinois Insurance Code.
The coverage shall comply with Sections 155.22a, 355b,
356z.19, 370c, and 370c.4 of the Illinois Insurance Code. The
Department of Insurance shall enforce the requirements of this
Section. 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,

10400SB2762ham002 - 4 - LRB104 16499 BAB 38211 a
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 Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 103-84, eff. 1-1-24; 103-91, eff. 1-1-24;
103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff.
8-11-23; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-718,
eff. 7-19-24; 103-751, eff. 8-2-24; 103-914, eff. 1-1-25;
103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; 104-1, eff.
6-9-25; 104-42, eff. 8-1-25; 104-68, eff. 1-1-26; 104-73, eff.
1-1-26; 104-289, eff. 1-1-26; 104-324, eff. 1-1-26; 104-379,
eff. 1-1-26; 104-417, eff. 8-15-25; 104-446, eff. 6-1-26;
revised 1-7-26.)
Section 10. 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. 104-446)
Sec. 10-4-2.3. Required health benefits. If a
municipality, including a home rule municipality, is a

10400SB2762ham002 - 5 - LRB104 16499 BAB 38211 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,
356g.5, 356g.5-1, 356m, 356q, 356u, 356u.10, 356w, 356x,
356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,
356z.29, 356z.30, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,
356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54,
356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64,
356z.67, 356z.68, 356z.70, 356z.71, 356z.74, and 356z.77,
356z.79, and 356z.80, 356z.81, 356z.82, 356z.83, 356z.84,
356z.85, and 356z.88 of the Illinois Insurance Code. The
coverage shall comply with Sections 155.22a, 355b, 356z.19,
and 370c of the Illinois Insurance Code. The Department of
Insurance shall enforce the requirements of this Section. 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
municipality to which this Section applies must comply with
every provision of this Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure

10400SB2762ham002 - 6 - LRB104 16499 BAB 38211 a
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. 103-84, eff. 1-1-24; 103-91, eff. 1-1-24;
103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff.
8-11-23; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-718,
eff. 7-19-24; 103-751, eff. 8-2-24; 103-914, eff. 1-1-25;
103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; 104-1, eff.
6-9-25; 104-42, eff. 8-1-25; 104-68, eff. 1-1-26; 104-73, eff.
1-1-26; 104-289, eff. 1-1-26; 104-324, eff. 1-1-26; 104-379,
eff. 1-1-26; 104-417, eff. 8-15-25; revised 1-8-26.)
(Text of Section after amendment by P.A. 104-446)
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,
356g.5, 356g.5-1, 356m, 356q, 356u, 356u.10, 356w, 356x,
356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,
356z.29, 356z.30, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,
356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54,
356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64,

10400SB2762ham002 - 7 - LRB104 16499 BAB 38211 a
356z.67, 356z.68, 356z.70, 356z.71, 356z.74, and 356z.77,
356z.79, and 356z.80, 356z.81, 356z.82, 356z.83, 356z.84,
356z.85, and 356z.88 of the Illinois Insurance Code. The
coverage shall comply with Sections 155.22a, 355b, 356z.19,
370c, and 370c.4 of the Illinois Insurance Code. The
Department of Insurance shall enforce the requirements of this
Section. 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 municipality to which this Section applies must comply
with every provision of this Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 103-84, eff. 1-1-24; 103-91, eff. 1-1-24;
103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff.
8-11-23; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-718,
eff. 7-19-24; 103-751, eff. 8-2-24; 103-914, eff. 1-1-25;
103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; 104-1, eff.
6-9-25; 104-42, eff. 8-1-25; 104-68, eff. 1-1-26; 104-73, eff.
1-1-26; 104-289, eff. 1-1-26; 104-324, eff. 1-1-26; 104-379,
eff. 1-1-26; 104-417, eff. 8-15-25; 104-446, eff. 6-1-26;

10400SB2762ham002 - 8 - LRB104 16499 BAB 38211 a
revised 1-8-26.)
Section 15. 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. 104-446)
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, 356g.5, 356g.5-1,
356m, 356q, 356u, 356u.10, 356w, 356x, 356z.4, 356z.4a,
356z.6, 356z.8, 356z.9, 356z.11, 356z.12, 356z.13, 356z.14,
356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32,
356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47,
356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60,
356z.61, 356z.62, 356z.64, 356z.67, 356z.68, 356z.70, 356z.71,
356z.74, and 356z.77, 356z.79, and 356z.80, 356z.81, 356z.82,
356z.83, 356z.84, 356z.85, and 356z.88 of the Illinois
Insurance Code. Insurance policies shall comply with Section
356z.19 of the Illinois Insurance Code. The coverage shall
comply with Sections 155.22a, 355b, and 370c and Article
XXXIIB of the Illinois Insurance Code. The Department of
Insurance shall enforce the requirements of this Section.
Rulemaking authority to implement Public Act 95-1045, if

10400SB2762ham002 - 9 - LRB104 16499 BAB 38211 a
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. 103-84, eff. 1-1-24; 103-91, eff. 1-1-24;
103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff.
8-11-23; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-718,
eff. 7-19-24; 103-751, eff. 8-2-24; 103-914, eff. 1-1-25;
103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; 104-1, eff.
6-9-25; 104-27, eff. 1-1-26; 104-42, eff. 8-1-25; 104-68, eff.
1-1-26; 104-73, eff. 1-1-26; 104-289, eff. 1-1-26; 104-324,
eff. 1-1-26; 104-379, eff. 1-1-26; 104-417, eff. 8-15-25;
revised 1-8-26.)
(Text of Section after amendment by P.A. 104-446)
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, 356g.5, 356g.5-1,
356m, 356q, 356u, 356u.10, 356w, 356x, 356z.4, 356z.4a,
356z.6, 356z.8, 356z.9, 356z.11, 356z.12, 356z.13, 356z.14,
356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32,
356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47,
356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60,

10400SB2762ham002 - 10 - LRB104 16499 BAB 38211 a
356z.61, 356z.62, 356z.64, 356z.67, 356z.68, 356z.70, 356z.71,
356z.74, and 356z.77, 356z.79, and 356z.80, 356z.81, 356z.82,
356z.83, 356z.84, 356z.85, and 356z.88 of the Illinois
Insurance Code. Insurance policies shall comply with Section
356z.19 of the Illinois Insurance Code. The coverage shall
comply with Sections 155.22a, 355b, 370c, and 370c.4 and
Article XXXIIB of the Illinois Insurance Code. The Department
of Insurance shall enforce the requirements of this Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 103-84, eff. 1-1-24; 103-91, eff. 1-1-24;
103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff.
8-11-23; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-718,
eff. 7-19-24; 103-751, eff. 8-2-24; 103-914, eff. 1-1-25;
103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; 104-1, eff.
6-9-25; 104-27, eff. 1-1-26; 104-42, eff. 8-1-25; 104-68, eff.
1-1-26; 104-73, eff. 1-1-26; 104-289, eff. 1-1-26; 104-324,
eff. 1-1-26; 104-379, eff. 1-1-26; 104-417, eff. 8-15-25;
104-446, eff. 6-1-26; revised 1-8-26.)
Section 20. The Illinois Insurance Code is amended by
adding Section 356z.88 as follows:

10400SB2762ham002 - 11 - LRB104 16499 BAB 38211 a
(215 ILCS 5/356z.88 new)
Sec. 356z.88. Coverage for seizure detection devices.
(a) For the purposes of this Section, "seizure detection
device" means a monitoring device cleared by the United States
Food and Drug Administration, and any related technology,
application, service, or subscription supporting the
prescribed use of the device, that provides the following:
(1) individual monitoring and alert services relating
to seizure activity;
(2) detection or prediction of seizure activity and
transmission of notification of the seizure activity to
the individual or a caregiver for appropriate medical
response; or
(3) collection of data of the seizure activity of the
individual that can be used by a health care provider to
diagnose or appropriately treat a health care condition
that causes the seizure activity.
(b) A group or individual plan of accident and health
insurance or managed care plan amended, delivered, issued, or
renewed on or after January 1, 2029 shall provide coverage for
medically prescribed seizure detection devices.
(c) All seizure detection devices covered under this
Section shall be approved for use by individuals, and the
choice of device shall be made based upon the individual's
circumstances and medical needs in consultation with the

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individual's medical provider.
(d) Any individual who has been prescribed a seizure
detection device shall not be required to obtain prior
authorization for coverage for a seizure detection device, and
coverage shall be continuous once the seizure detection device
is prescribed.
(e) A group or individual policy of accident and health
insurance or a managed care plan that is amended, delivered,
issued, or renewed on or after January 1, 2028 shall not impose
a deductible, coinsurance, copayment, or any other
cost-sharing requirement of more than $50 on the coverage of a
seizure detection device per plan year. The provisions of this
subsection do not apply to coverage under this Section to the
extent that the coverage would disqualify a high-deductible
health plan from eligibility for a health savings account.
Section 25. The Health Maintenance Organization Act is
amended by changing Section 5-3 as follows:
(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
Sec. 5-3. Illinois Insurance Code provisions.
(a) Health Maintenance Organizations shall be subject to
the provisions of Sections 133, 134, 136, 137, 139, 140,
141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151,
152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a,
155.49, 352c, 355.2, 355.3, 355.6, 355.7, 355b, 355c, 356f,

10400SB2762ham002 - 13 - LRB104 16499 BAB 38211 a
356g, 356g.5-1, 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2,
356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9,
356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17,
356z.18, 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24,
356z.25, 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32,
356z.33, 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39,
356z.40, 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46,
356z.47, 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54,
356z.55, 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61,
356z.62, 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68,
356z.69, 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75,
356z.76, 356z.77, 356z.78, 356z.79, 356z.80, 356z.81, 356z.82,
356z.83, 356z.84, 356z.85, 356z.88, 364, 364.01, 364.3, 367.2,
367.2-5, 367i, 368a, 368b, 368c, 368d, 368e, 370a, 370c,
370c.1, 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,
XXVI, and XXXIIB 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

10400SB2762ham002 - 14 - LRB104 16499 BAB 38211 a
(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
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;

10400SB2762ham002 - 15 - LRB104 16499 BAB 38211 a
(B) pro forma financial statements reflecting the
combined balance sheets of the acquiring company and
the Health Maintenance Organization sought to be
acquired as of the end of the preceding year and as of
a date 90 days prior to the acquisition, as well as pro
forma financial statements reflecting projected
combined operation for a period of 2 years;
(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

10400SB2762ham002 - 16 - LRB104 16499 BAB 38211 a
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
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

10400SB2762ham002 - 17 - LRB104 16499 BAB 38211 a
subsection (f)). The Health Maintenance Organization and
the group or enrollment unit may agree that the profitable
or unprofitable experience may be calculated taking into
account the refund period and the immediately preceding 2
plan years.
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 Public Act 95-1045,
if any, is conditioned on the rules being adopted in
accordance with all provisions of the Illinois Administrative
Procedure Act and all rules and procedures of the Joint
Committee on Administrative Rules; any purported rule not so

10400SB2762ham002 - 18 - LRB104 16499 BAB 38211 a
adopted, for whatever reason, is unauthorized.
(Source: P.A. 103-84, eff. 1-1-24; 103-91, eff. 1-1-24;
103-123, eff. 1-1-24; 103-154, eff. 6-30-23; 103-420, eff.
1-1-24; 103-426, eff. 8-4-23; 103-445, eff. 1-1-24; 103-551,
eff. 8-11-23; 103-605, eff. 7-1-24; 103-618, eff. 1-1-25;
103-649, eff. 1-1-25; 103-656, eff. 1-1-25; 103-700, eff.
1-1-25; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-753,
eff. 8-2-24; 103-758, eff. 1-1-25; 103-777, eff. 8-2-24;
103-808, eff. 1-1-26; 103-914, eff. 1-1-25; 103-918, eff.
1-1-25; 103-1024, eff. 1-1-25; 104-1, eff. 6-9-25; 104-28,
eff. 1-1-26; 104-42, eff. 8-1-25; 104-68, eff. 1-1-26; 104-73,
eff. 1-1-26; 104-98, eff. 1-1-26; 104-289, eff. 1-1-26;
104-324, eff. 1-1-26; 104-334, eff. 8-15-25; 104-379, eff.
1-1-26; 104-417, eff. 8-15-25; revised 11-21-25.)
Section 30. The Limited Health Service Organization Act is
amended by changing Section 4003 as follows:
(215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
Sec. 4003. Illinois Insurance Code provisions. Limited
health service organizations shall be subject to the
provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, 152, 153,
154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 155.49, 352c,
355.2, 355.3, 355b, 355d, 356m, 356q, 356v, 356z.4, 356z.4a,
356z.10, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.32,

10400SB2762ham002 - 19 - LRB104 16499 BAB 38211 a
356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,
356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68, 356z.71,
356z.73, 356z.74, 356z.75, 356z.79, 356z.80, 356z.81, 356z.83,
356z.84, 356z.85, 356z.88, 364.3, 368a, 370a, 401, 401.1, 402,
403, 403A, 408, 408.2, 409, 412, 444, and 444.1 and Articles
IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and
XXXIIB of the Illinois Insurance Code. Nothing in this Section
shall require a limited health care plan to cover any service
that is not a limited health service. For purposes of the
Illinois Insurance Code, except for Sections 444 and 444.1 and
Articles XIII and XIII 1/2, limited health service
organizations in the following categories are deemed to be
domestic companies:
(1) a corporation under the laws of this State; or
(2) 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
organization as is a domestic company under Article VIII
1/2 of the Illinois Insurance Code.
(Source: P.A. 103-84, eff. 1-1-24; 103-91, eff. 1-1-24;
103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445, eff.
1-1-24; 103-605, eff. 7-1-24; 103-649, eff. 1-1-25; 103-656,
eff. 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24;
103-751, eff. 8-2-24; 103-758, eff. 1-1-25; 103-832, eff.
1-1-25; 103-1024, eff. 1-1-25; 104-1, eff. 6-9-25; 104-42,

10400SB2762ham002 - 20 - LRB104 16499 BAB 38211 a
eff. 8-1-25; 104-73, eff. 1-1-26; 104-98, eff. 1-1-26;
104-289, eff. 1-1-26; 104-324, eff. 1-1-26; 104-334, eff.
8-15-25; 104-379, eff. 1-1-26; 104-417, eff. 8-15-25; revised
11-21-25.)
Section 35. The Voluntary Health Services Plans Act is
amended by changing Section 10 as follows:
(215 ILCS 165/10) (from Ch. 32, par. 604)
Sec. 10. Application of Illinois 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, 136, 139, 140, 143, 143.31, 143c, 149, 155.22a, 155.37,
354, 355.2, 355.3, 355.7, 355b, 355d, 356g, 356g.5, 356g.5-1,
356m, 356q, 356r, 356t, 356u, 356u.10, 356v, 356w, 356x, 356y,
356z.1, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6,
356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14,
356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26,
356z.29, 356z.30, 356z.32, 356z.32a, 356z.33, 356z.40,
356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, 356z.56,
356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64, 356z.67,
356z.68, 356z.71, 356z.72, 356z.74, 356z.75, 356z.77, 356z.79,
356z.80, 356z.81, 356z.83, 356z.84, 356z.85, 356z.88, 364.01,
364.3, 367.2, 368a, 370a, 401, 401.1, 402, 403, 403A, 408,
408.2, and 412, and paragraphs (7) and (15) of Section 367 of

10400SB2762ham002 - 21 - LRB104 16499 BAB 38211 a
the Illinois Insurance Code.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 103-84, eff. 1-1-24; 103-91, eff. 1-1-24;
103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-551, eff.
8-11-23; 103-605, eff. 7-1-24; 103-656, eff. 1-1-25; 103-718,
eff. 7-19-24; 103-751, eff. 8-2-24; 103-753, eff. 8-2-24;
103-758, eff. 1-1-25; 103-832, eff. 1-1-25; 103-914, eff.
1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; 104-1,
eff. 6-9-25; 104-28, eff. 1-1-26; 104-42, eff. 8-1-25; 104-73,
eff. 1-1-26; 104-98, eff. 1-1-26; 104-289, eff. 1-1-26;
104-324, eff. 1-1-26; 104-379, eff. 1-1-26; 104-417, eff.
8-15-25; revised 11-21-25.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.

10400SB2762ham002 - 22 - LRB104 16499 BAB 38211 a
Section 99. Effective date. This Act takes effect upon
becoming law.".