96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3004


 
Introduced 2/4/2010, by Sen. Susan Garrett
 
SYNOPSIS AS INTRODUCED:









    



215 ILCS 5/367e
 from Ch. 73, par. 979e


215 ILCS 125/4-9.2
 from Ch. 111 1/2, par. 1409.2-2








 Amends the Illinois Insurance Code and the Health Maintenance Organization Act. Provides that continuation of and notice concerning group hospital, surgical, and major medical
coverage and group HMO coverage, with respect to an employee or member who is involuntarily terminated between September 1, 2008 and the end of the period set forth in the federal American Recovery and Reinvestment Act of 2009 (instead of December 31, 2009), shall be available if the employee or member was insured under the group policy or group contract on the day prior to the termination. Makes other changes. Effective immediately.
















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A BILL FOR









 











SB3004

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1
 AN ACT concerning insurance.


2
 Be it enacted by the People of the State of Illinois,

3
represented in the General Assembly:



4
 Section 5. The Illinois Insurance Code is amended by 
5
changing Section 367e as follows:




6
 (215 ILCS 5/367e) (from Ch. 73, par. 979e)



7
 Sec. 367e. Continuation of Group Hospital, Surgical and 
8
Major Medical
Coverage After Termination of Employment or 
9
Membership.
A group policy delivered, issued for delivery, 
10
renewed or amended in this
state which insures employees or 
11
members
for hospital, surgical or major medical insurance on an 
12
expense incurred
or service basis, other than for specific 
13
diseases or for accidental injuries
only, shall provide that 
14
employees or members whose insurance under the
group policy 
15
would otherwise terminate because of termination of employment

16
or membership or because of a reduction in hours below the 
17
minimum required
by the group plan shall be entitled to 
18
continue their hospital, surgical and
major medical insurance 
19
under that group policy, for themselves and their
eligible 
20
dependents, subject to all of the group policy's terms and 
21
conditions
applicable to those forms of insurance and to the 
22
following conditions:


23
  1. Continuation shall only be available to an employee 
 


 






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1
 or member who has
been continuously insured under the group 
2
 policy (and for similar benefits
under any group policy 
3
 which it replaced) during the entire 3 months period
ending 
4
 with such termination
or reduction in hours below the 
5
 minimum required by the group plan. With respect to an 
6
 employee or member who is involuntarily terminated between 
7
 September 1, 2008 and the end of the period set forth in 
8
 Section 3001(a)(3)(A) of Title III of Division B of the 
9
 federal American Recovery and Reinvestment Act of 2009, as 
10
 now or hereafter amended December 31, 2009, continuation 
11
 shall be available if the employee or member was insured 
12
 under the group policy on the day prior to the termination. 


13
  2. Continuation shall not be available for any person 
14
 who is covered by
Medicare, except for those individuals 
15
 who have been covered under a
group Medicare supplement 
16
 policy. Neither shall continuation be
available for any 
17
 person who is
covered by any other insured or uninsured 
18
 plan
which provides hospital, surgical or medical coverage 
19
 for individuals in
a group and under which the person was 
20
 not
covered immediately prior to such termination
or 
21
 reduction in hours below the minimum required by the group 
22
 plan
or who exercises his conversion
privilege under the 
23
 group policy.


24
  3. Continuation need not include dental, vision care, 
25
 prescription drug
benefits, disability income, specified 
26
 disease, or similar supplementary
benefits which are 
 


 






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1
 provided under the group policy in addition to its 
2
 hospital,
surgical or major medical benefits.


3
  4. Within 10 days after the employee's or member's 
4
 termination
or reduction in hours below the minimum 
5
 required by the group plan
written notice of continuation 
6
 shall be presented
to the employee or member by the 
7
 employer. If the employee or member is unavailable, written 
8
 notice shall be mailed by the employer to the
last known 
9
 address of the employee or member within 10 days after the 
10
 employee's or member's termination or reduction in hours 
11
 below the minimum required by the group plan. The employer 
12
 shall also send a copy of the notice to the insurer. An 
13
 employee or member who wishes
continuation
of coverage must 
14
 request such continuation in writing within the 30 day

15
 period following the later of: (i) the date of such 
16
 termination
or reduction in hours below the minimum 
17
 required by the group plan, or (ii)
the date the employee 
18
 is presented or mailed written notice of the right of 
19
 continuation
by either the employer or the
group 
20
 policyholder. In no event, however, may the employee or 
21
 member elect
continuation more than 60 days after the date 
22
 of such termination
or reduction in hours below the minimum 
23
 required by the group plan.
Written notice of continuation 
24
 presented to the employee or member by the
policyholder, or 
25
 mailed by the policyholder to the last known address of
the 
26
 employee, shall constitute the giving of notice for the 
 


 






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1
 purpose of this
provision.

2
  The insurer shall not deny coverage to the employee or 
3
 member due to the employer's failure to provide notice 
4
 pursuant to this Section to the employee or member. Until 
5
 the end of the period set forth in Section 3001(a)(3)(A) of 
6
 Title III of Division B of the federal American Recovery 
7
 and Reinvestment Act of 2009, as now or hereafter amended 
8
 January 1, 2010, in the event the employee or member 
9
 contacts the insurer regarding continuation rights and 
10
 advises that notice has not been provided by the employer 
11
 or group policyholder, the insurer shall provide a written 
12
 explanation to the employee or member of the employee's or 
13
 member's continuation rights pursuant to this Section. 
14
  4a. Unless contrary to the provisions of, or any rules 
15
 promulgated pursuant to, Section 3001(a)(7) of Title III of 
16
 Division B of the federal American Recovery and 
17
 Reinvestment Act of 2009, with respect to employees or 
18
 members of health plans that are subject solely to State 
19
 continuation coverage and who are terminated or whose 
20
 reduction in hours below the minimum required by the group 
21
 occurs between the effective date of this amendatory Act of 
22
 the 96th General Assembly and the end of the period set 
23
 forth in Section 3001(a)(3)(A) of Title III of Division B 
24
 of the federal American Recovery and Reinvestment Act of 
25
 2009, as now or hereafter amended December 31, 2009, the 
26
 notice requirements of this Section are not satisfied 
 


 






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 unless notice is presented or mailed to the employee or 
2
 member by the insurer informing the employee or member of 
3
 the availability of premium reduction with respect to such 
4
 coverage under the American Recovery and Reinvestment Act 
5
 of 2009. Such written notice shall conform to all 
6
 applicable requirements set forth in Section 3001(a)(7) of 
7
 Title III of Division B of the federal American Recovery 
8
 and Reinvestment Act of 2009. The Department shall publish 
9
 models for the notification that shall be provided by 
10
 insurers pursuant to this paragraph 4a.
11
  4b. Unless contrary to the provisions of, or any rules 
12
 promulgated pursuant to, Section 3001(a)(7) of Title III of 
13
 Division B of the federal American Recovery and 
14
 Reinvestment Act of 2009, with respect to employees or 
15
 members of health plans that are subject solely to State 
16
 continuation coverage who were terminated or whose 
17
 reduction in hours below the minimum required by the group 
18
 occurred between September 1, 2008 and the effective date 
19
 of this amendatory Act of the 96th General Assembly and who 
20
 have an election of continuation of coverage pursuant to 
21
 this Section in effect, notice shall be presented or mailed 
22
 to the employee or member by the insurer informing the 
23
 employee or member of the availability of premium reduction 
24
 with respect to such coverage under the federal American 
25
 Recovery and Reinvestment Act of 2009. Such written notice 
26
 shall conform to all applicable requirements set forth in 
 


 






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1
 Section 3001(a)(7) of Title III of Division B of the 
2
 federal American Recovery and Reinvestment Act of 2009 and 
3
 shall be presented or mailed to the employee or member 
4
 within 14 days of the effective date of this amendatory Act 
5
 of the 96th General Assembly. The Department shall publish 
6
 models for the notification that shall be provided by 
7
 insurers pursuant to this paragraph 4b. 

8
  5. An employee or member electing continuation must pay 
9
 to the group
policyholder
or his employer, on a monthly 
10
 basis in advance, the total amount of premium
required by 
11
 the insurer, including that portion of the premium 
12
 contributed
by the policyholder or employer, if any, but 
13
 not more than the group rate
for the insurance being 
14
 continued with appropriate reduction in premium
for any 
15
 supplementary benefits which have been discontinued under 
16
 paragraph
(3) of this Section. The premium rate required by 
17
 the insurer shall be
the applicable premium required on the 
18
 due date of each payment.


19
  6. Continuation of insurance under the group policy for

20
 any person shall terminate when he becomes eligible for 
21
 Medicare or is covered
by any other insured or uninsured 
22
 plan which provides hospital, surgical
or medical coverage 
23
 for individuals in a group and under which
the person was 
24
 not covered immediately prior to such termination
or 
25
 reduction in hours below the minimum required by the group 
26
 plan
as provided
in condition
2 above or, if earlier, at 
 


 






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 the first to occur of the following:


2
   (a) The date 12 months after the date the 
3
 employee's or member's
insurance
under the policy 
4
 would otherwise have terminated because of termination

5
 of employment or membership
or reduction in hours below 
6
 the minimum required by the group plan or, with respect 
7
 to an employee or member who is an assistance eligible 
8
 individual as defined in Section 3001(a)(3) of Title 
9
 III of Division B of the federal American Recovery and 
10
 Reinvestment Act of 2009, the date that the individual 
11
 ceases to be eligible for premium assistance under 
12
 Section 3001(a)(2)(A)(ii)(I) of Title III of Division 
13
 B of the federal American Recovery and Reinvestment Act 
14
 of 2009, as now or hereafter amended.


15
   (b) If the employee or member fails to make timely 
16
 payment of a required
contribution, the end of the 
17
 period for which contributions were made.


18
   (c) The date on which the group policy is 
19
 terminated or, in the case of
an employee, the date his 
20
 employer terminates participation under the group

21
 policy. However, if this (c) applies and the coverage 
22
 ceasing by reason of
such
termination is replaced by 
23
 similar coverage under another group policy,
the 
24
 following shall apply:


25
    (i) The employee or member shall have the right 
26
 to become covered
under
that other group policy, 
 


 






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1
 for the balance of the period that he would have

2
 remained covered under the prior group policy in 
3
 accordance with condition
6 had a termination 
4
 described in this (c) not occurred.


5
    (ii) The prior group policy shall continue to 
6
 provide benefits to the
extent of its accrued 
7
 liabilities and extensions of benefits as if the

8
 replacement
had not occurred.


9
  7. A notification of the continuation privilege shall 
10
 be included in each
certificate of coverage.


11
  8. Continuation shall not be available for any employee 
12
 who was
discharged because of the commission of a felony in 
13
 connection with his
work, or because of theft in connection 
14
 with his work, for which the
employer was in no way 
15
 responsible; provided the employee admitted his
commission 
16
 of the felony or theft or such act has resulted in a 
17
 conviction
or order of supervision by a court of competent 
18
 jurisdiction.

19
  9. An employee or member without an election of 
20
 continuation of coverage pursuant to this Section in effect 
21
 on the effective date of this amendatory Act of the 96th 
22
 General Assembly may elect continuation pursuant to this 
23
 paragraph 9 if the employee or member: (i) would be an 
24
 assistance eligible individual as defined in Section 
25
 3001(a)(3) of Title III of Division B of the federal 
26
 American Recovery and Reinvestment Act of 2009, if such an 
 


 






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1
 election were in effect and (ii) at the time of termination 
2
 was eligible for continuation pursuant to paragraphs 1 and 
3
 2 of this Section.
4
  Unless contrary to the provisions of, or any rules 
5
 promulgated pursuant to, Section 3001(a)(7) of Title III of 
6
 Division B of the federal American Recovery and 
7
 Reinvestment Act of 2009, written notice of continuation 
8
 pursuant to this paragraph 9 shall be presented to the 
9
 employee or member by the insurer or mailed by the insurer 
10
 to the last known address of the employee or member within 
11
 30 days after the effective date of this amendatory Act of 
12
 the 96th General Assembly. Such written notice shall 
13
 conform to all applicable requirements set forth in Section 
14
 3001(a)(7) of Title III of Division B of the federal 
15
 American Recovery and Reinvestment Act of 2009. The 
16
 Department shall publish models for the notification that 
17
 shall be provided by insurers pursuant to this paragraph 9.
18
  An employee or member electing continuation of 
19
 coverage under this paragraph 9 must request such 
20
 continuation in writing within 60 days after the date the 
21
 employee or member receives written notice of the right of 
22
 continuation by the insurer.
23
  Continuation of coverage elected pursuant to this 
24
 paragraph 9 shall commence with the first period of 
25
 coverage beginning on or after February 17, 2009, the 
26
 effective date of the federal American Recovery and 
 


 






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1
 Reinvestment Act of 2009, and shall not extend beyond the 
2
 period of continuation that would have been required if the 
3
 coverage had been elected pursuant to paragraph 4 of this 
4
 Section.
5
  With respect to an employee or member who elects 
6
 continuation of coverage under this paragraph 9, the period 
7
 beginning on the date of the employee's or member's 
8
 involuntary termination of employment and ending on the 
9
 date of the first period of coverage on or after February 
10
 17, 2009 shall be disregarded for purposes of determining 
11
 the 63-day period referred to in Section 20 of the Illinois 
12
 Health Insurance Portability and Accountability Act. 
13
 The requirements of this amendatory Act of 1983 shall apply 
14
to any group
policy as defined in this Section, delivered or 
15
issued for delivery on or after
180 days following the 
16
effective date of this amendatory Act of 1983.

17
 The requirements of this amendatory Act of 1985 shall apply 
18
to any
group policy as defined in this Section, delivered, 
19
issued for delivery,
renewed or amended on or after 180 days 
20
following the effective date of
this amendatory Act of 1985.

21
(Source: P.A. 96-13, eff. 6-18-09.)


22
 Section 10. The Health Maintenance Organization Act is 
23
amended by changing Section 4-9.2 as follows:




24
 (215 ILCS 125/4-9.2) (from Ch. 111 1/2, par. 1409.2-2)


 


 






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1
 Sec. 4-9.2. Continuation of group HMO coverage after 
2
termination of
employee or membership. A group contract 
3
delivered, issued for delivery,
renewed, or amended in this 
4
State that covers employees or members for health
care services 
5
shall provide that employees or members whose coverage under

6
the group contract would otherwise terminate because of 
7
termination of
employment or membership or because of a 
8
reduction in hours below the minimum
required by the group 
9
contract shall be entitled to continue their coverage
under

10
that group contract, for themselves and their eligible 
11
dependents, subject
to all of the group contract's terms and 
12
conditions applicable to those
forms of coverage and to the 
13
following conditions:


14
  (1) Continuation shall only be available to an employee 
15
 or member who has
been continuously covered under the group 
16
 contract (and for similar
benefits under any group contract 
17
 that it replaced) during the entire 3
month period ending 
18
 with the termination of employment or membership or

19
 reduction in hours below the minimum required by the group 
20
 contract. With respect to an employee or member who is 
21
 involuntarily terminated between September 1, 2008 and the 
22
 end of the period set forth in Section 3001(a)(3)(A) of 
23
 Title III of Division B of the federal American Recovery 
24
 and Reinvestment Act of 2009, as now or hereafter amended 
25
 December 31, 2009, continuation shall be available if the 
26
 employee or member was covered under the group contract the 
 


 






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1
 day prior to such termination. 


2
  (2) Continuation shall not be available for any 
3
 enrollee who is
covered by Medicare, except for those 
4
 individuals who have been covered
under a group Medicare 
5
 supplement policy. Continuation shall not be
available for 
6
 any enrollee who is covered by any other insured or 
7
 uninsured
plan that provides hospital, surgical, or 
8
 medical coverage for individuals
in a group and under which 
9
 the enrollee was not covered immediately
before 
10
 termination or reduction in hours below the minimum 
11
 required by the
group contract or who exercises his or her 
12
 conversion privilege under
the group policy.


13
  (3) Continuation need not include dental, vision care, 
14
 prescription
drug, or similar supplementary benefits that 
15
 are provided under
the group contract in addition to its 
16
 basic health care services.


17
  (4) Within 10 days after the employee's or member's 
18
 termination or reduction in hours below the minimum 
19
 required by
the group contract, written notice of 
20
 continuation shall be presented
to the employee or member 
21
 by the employer. If the employee or member is unavailable, 
22
 written notice shall be mailed by the employer to the last

23
 known address of the employee or member within 10 days 
24
 after the employee's or member's termination or reduction 
25
 in hours below the minimum required by the group plan. The 
26
 employer shall also send a copy of the notice to the HMO. 
 


 






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1
 An employee or member who wishes
continuation of coverage 
2
 must request continuation in writing within
the 30 day 
3
 period following the later of (i) the date of termination 
4
 or
reduction in hours below the minimum required by the 
5
 group contract or (ii)
the date the employee is presented 
6
 or mailed written notice of the right of continuation by

7
 either the employer or the group policyholder. In no event, 
8
 however, shall the
employee or member elect continuation 
9
 more than 60 days after the date of
termination
or 
10
 reduction in hours below the minimum required by the group 
11
 contract.
Written notice of continuation presented to the 
12
 employee or member
by the policyholder, or mailed by the 
13
 policyholder to the last known address of
the employee, 
14
 shall constitute the giving of notice for the purpose of 
15
 this
paragraph.
16
  The HMO shall not deny coverage to the employee or 
17
 member due to the employer's failure to provide notice 
18
 pursuant to this Section to the employee or member. Until 
19
 the end of the period set forth in Section 3001(a)(3)(A) of 
20
 Title III of Division B of the federal American Recovery 
21
 and Reinvestment Act of 2009, as now or hereafter amended 
22
 January 1, 2010, in the event the employee or member 
23
 contacts the HMO regarding continuation rights and advises 
24
 that notice has not been provided by the employer or group 
25
 policyholder, the HMO shall provide a written explanation 
26
 to the employee or member of the employee's or member's 
 


 






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1
 continuation rights pursuant to this Section.
2
  (4a) Unless contrary to the provisions of, or any rules 
3
 promulgated pursuant to, Section 3001(a)(7) of Title III of 
4
 Division B of the federal American Recovery and 
5
 Reinvestment Act of 2009, with respect to employees or 
6
 members of health plans that are subject solely to State 
7
 continuation coverage and who are terminated or whose 
8
 reduction in hours below the minimum required by the group 
9
 occurs between the effective date of this amendatory Act of 
10
 the 96th General Assembly and the end of the period set 
11
 forth in Section 3001(a)(3)(A) of Title III of Division B 
12
 of the federal American Recovery and Reinvestment Act of 
13
 2009, as now or hereafter amended December 31, 2009, the 
14
 notice requirements of this Section are not satisfied 
15
 unless notice is presented or mailed to the employee or 
16
 member by the HMO informing the employee or member of the 
17
 availability of premium reduction with respect to such 
18
 coverage under the federal American Recovery and 
19
 Reinvestment Act of 2009. Such written notice shall conform 
20
 to all applicable requirements set forth in Section 
21
 3001(a)(7) of Title III of Division B of the federal 
22
 American Recovery and Reinvestment Act of 2009. The 
23
 Department shall publish models for the notification that 
24
 shall be provided by HMOs pursuant to this paragraph (4a).
25
  (4b) Unless contrary to the provisions of, or any rules 
26
 promulgated pursuant to, Section 3001(a)(7) of Title III of 
 


 






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1
 Division B of the federal American Recovery and 
2
 Reinvestment Act of 2009, with respect to employees or 
3
 members of health plans that are subject solely to State 
4
 continuation coverage who were terminated or whose 
5
 reduction in hours below the minimum required by the group 
6
 occurred between September 1, 2008, and the effective date 
7
 of this amendatory Act of the 96th General Assembly and who 
8
 have an election of continuation of coverage pursuant to 
9
 this Section in effect, notice shall be presented or mailed 
10
 to the employee or member by the HMO informing the employee 
11
 or member of the availability of premium reduction with 
12
 respect to such coverage under the federal American 
13
 Recovery and Reinvestment Act of 2009. Such written notice 
14
 shall conform to all applicable requirements set forth in 
15
 Section 3001(a)(7) of Title III of Division B of the 
16
 federal American Recovery and Reinvestment Act of 2009 and 
17
 shall be presented or mailed to the employee or member 
18
 within 14 days of the effective date of this amendatory Act 
19
 of the 96th General Assembly. The Department shall publish 
20
 models for the notification that shall be provided by HMOs 
21
 pursuant to this paragraph (4b). 


22
  (5) An employee or member electing continuation must 
23
 pay to the group
policyholder or his employer, on a monthly 
24
 basis in advance, the total
amount of premium required by 
25
 the HMO, including that portion of the
premium contributed 
26
 by the policyholder or employer, if any, but not more
than 
 


 






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1
 the group rate for the coverage being continued with 
2
 appropriate
reduction in premium for any supplementary 
3
 benefits that have been
discontinued under paragraph (3) of 
4
 this Section. The premium rate required
by the HMO shall be 
5
 the applicable premium required on the due date of each

6
 payment.


7
  (6) Continuation of coverage under the group contract 
8
 for any person
shall terminate when the person becomes 
9
 eligible for Medicare or is covered by
any other insured or 
10
 uninsured plan that provides hospital, surgical, or

11
 medical coverage for individuals in a group and under which 
12
 the person was not
covered immediately before termination

13
 or reduction in hours below the minimum required by the 
14
 group contract
as provided in paragraph (2) of this
Section 
15
 or, if earlier, at the first to occur of the following:


16
   (a) The expiration of 12 months after the 
17
 employee's or member's coverage
because of termination 
18
 of employment or membership
or reduction in hours below 
19
 the minimum required by the group contract.


20
   (b) If the employee or member fails to make timely 
21
 payment of a
required contribution, the end of the 
22
 period for which contributions were made or, with 
23
 respect to an employee or member who is an assistance 
24
 eligible individual as defined in Section 3001(a)(3) 
25
 of Title III of Division B of the federal American 
26
 Recovery and Reinvestment Act of 2009, the date that 
 


 






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1
 the individual ceases to be eligible for premium 
2
 assistance under Section 3001(a)(2)(A)(ii)(I) of Title 
3
 III of Division B of the federal American Recovery and 
4
 Reinvestment Act of 2009, as now or hereafter amended.


5
   (c) The date on which the group contract is 
6
 terminated or, in the
case of an employee, the date his 
7
 or her employer terminates participation
under the 
8
 group contract. If, however, this paragraph applies 
9
 and the coverage
ceasing by reason of termination is 
10
 replaced by similar coverage under another
group 
11
 contract, then (i) the employee or member shall have 
12
 the right to become
covered under the replacement group 
13
 contract for the balance of the period that
he or she 
14
 would have remained covered under the prior group 
15
 contract in
accordance with paragraph (6) had a 
16
 termination described in this item (c) not
occurred and 
17
 (ii) the prior group contract shall continue to provide 
18
 benefits
to the extent of its accrued liabilities and 
19
 extensions of benefits as if the
replacement had not 
20
 occurred.


21
  (7) A notification of the continuation privilege shall 
22
 be included in
each evidence of coverage.


23
  (8) Continuation shall not be available for any 
24
 employee who was
discharged because of the commission of a 
25
 felony in connection with his or her
work, or because of 
26
 theft in connection with his or her work, for which the

 


 






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1
 employer was in no way responsible if the employee (i) 
2
 admitted to
committing the felony or theft or (ii) was 
3
 convicted or placed under
supervision by a court of 
4
 competent jurisdiction.

5
  (9) An employee or member without an election of 
6
 continuation of coverage pursuant to this Section in effect 
7
 on the effective date of this amendatory Act of the 96th 
8
 General Assembly may elect continuation pursuant to this 
9
 paragraph (9) if the employee or member: (i) would be an 
10
 assistance eligible individual as defined in Section 
11
 3001(a)(3) of Title III of Division B of the federal 
12
 American Recovery and Reinvestment Act of 2009 if such an 
13
 election were in effect and (ii) at the time of termination 
14
 was eligible for continuation pursuant to paragraphs (1) 
15
 and (2) of this Section.
16
  Unless contrary to the provisions of, or any rules 
17
 promulgated pursuant to, Section 3001(a)(7) of Title III of 
18
 Division B of the federal American Recovery and 
19
 Reinvestment Act of 2009, written notice of continuation 
20
 pursuant to this paragraph (9) shall be presented to the 
21
 employee or member by the HMO or mailed by the HMO to the 
22
 last known address of the employee or member within 30 days 
23
 after the effective date of this amendatory Act of the 96th 
24
 General Assembly. The written notice shall conform to all 
25
 applicable requirements set forth in Section 3001(a)(7) of 
26
 Title III of Division B of the federal American Recovery 
 


 






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 and Reinvestment Act of 2009. The Department shall publish 
2
 models for the notification that shall be provided by HMOs 
3
 pursuant to this paragraph (9).
4
  An employee or member electing continuation of 
5
 coverage under this paragraph (9) must request such 
6
 continuation in writing within 60 days after the date the 
7
 employee or member receives written notice of the right of 
8
 continuation by the HMO.
9
  Continuation of coverage elected pursuant to this 
10
 paragraph (9) shall commence with the first period of 
11
 coverage beginning on or after February 17, 2009, the 
12
 effective date of the federal American Recovery and 
13
 Reinvestment Act of 2009, and shall not extend beyond the 
14
 period of continuation that would have been required if the 
15
 coverage had been elected pursuant to paragraph (4) of this 
16
 Section.
17
  With respect to an employee or member who elects 
18
 continuation of coverage under this paragraph (9), the 
19
 period beginning on the date of the employee or member's 
20
 involuntary termination of employment and ending on the 
21
 date of the first period of coverage on or after February 
22
 17, 2009 shall be disregarded for purposes of determining 
23
 the 63-day period referred to in Section 20 of the Illinois 
24
 Health Insurance Portability and Accountability Act. 
25
 The requirements of this amendatory Act of 1992 shall apply 
26
to any
group contract, as defined in this Section, delivered or 
 


 






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issued for
delivery on or after 180 days following the 
2
effective date of this
amendatory Act of 1992.

3
(Source: P.A. 96-13, eff. 6-18-09.)




4
 Section 99. Effective date. This Act takes effect upon 
5
becoming law.