Contact Person: Illinois Division of Insurance 320 West Washington Street
Cindy Colonius Review Requirements Checklist Springfield, IL 62767-0001
217-782-4572    
Cindy.Colonius@Illinois.gov

Effective 1/01/08

Line(s) of Filing Line(s) of Filing
Business Code(s) Insurance Code(s)

Group Accident/Health

H15G

Large and Small group Accident/Health Policies (POS products must be filed with an HMO base. The Accident/Health portion may only be the out-of-network benefits.)

H15G.001
H15G.002
H15G.003
H16G.001C
H16G.002C
H16G.003C

Illinois Insurance Code Link Illinois Compiled Statutes Online
Illinois Administrative Code Link Administrative Regulations Online
Product Coding Matrix Product Coding Matrix
REVIEW REQUIREMENTS REFERENCE

DESCRIPTION OF REVIEW

STANDARDS REQUIREMENTS

LOCATION OF STANDARD IN FILING
    NOTE: These brief summaries do not include all requirements of all laws, regulations, bulletins, or requirements, so review actual law, regulation, bulletin, or requirement for details to ensure that forms are fully compliant before filing with the Department of Insurance.  
FORM FILING REQUIREMENTS  REFERENCE DESCRIPTION OF REVIEW STANDARDS REQUIREMENTS LOCATION OF STANDARD IN FILING

Uniform Transmittal Document (Etrans)

50 IL Adm. Code 916

Form filings must now be submitted either by SERFF or CD-ROM. Please visit the Division's web site for the Universal Transmittal Document (Etrans) by clicking this link.
Scroll down to "Universal Transmittal Document Software (Etrans)"

 
Form Filing Requirements for Certificates intended for out-of-state use.

215 ILCS 5/352(c)

50 IL Adm. Code 2021.40

Policies sitused in Illinois, but intended for insureds who neither work in nor reside in Illinois, must be filed on an informational basis to claim exemption from Illinois mandates and other required provisions.
Insurers not specifically filing under the exemption provided by 215 ILCS 5/352(c) must submit such filings for approval.
 
Review Requirements Checklist Go to Review Requirements Checklists on DOI web site. See next column

Each filing must include a completed Review Requirements Checklist that must contain a completed “Location of Standard in Filing” column for each required element of the filing. Please indicate the proper page # and form # for each entry. The checklists may be found at this link.

 
Cover Letter and Letter of Submission

50 IL Adm. Code 1405.20 (e)
50 IL Adm. Code 2001.30 (a) (3)

50 IL Adm. Code 916.40 (b)

In addition to referencing any previously approved form number(s) as required by 50 IL Adm. Code 1405.20(e), those references must also include the filing number and SERFF tracking number (if applicable and available) for the referenced forms.

Letters of submission must generally describe the intent and use of the form being filed and, if applicable, how it will be used with any previously approved form(s).
 
GENERAL REQUIREMENTS FOR ALL FILINGS REFERENCE DESCRIPTION OF REVIEW STANDARDS REQUIREMENTS   
Entire Contract 215 ILCS 5/367(2)(a) The policy, including the application and any amendments and riders, constitutes the entire contract of insurance and no change is valid unless approved by an executive officer of the company and unless such approval be endorsed hereon or attached hereto.  
Time Limit on Certain Defenses 215 ILCS 5/357.3
215 ILCS 5/367(2)
A policy is incontestable two years from the date of issue except for fraudulent misstatements made by the applicant on the application.  
Timely Payment of Claims 215 ILCS 5/357.9 Claims must be paid within 30 days following receipt of written due proof of loss.  
Timely Payment of Health Care Services 215 ILCS 5/368a

Periodic payments must be made within 60 days of insured's selection of a provider or effective date of selection, whichever is later. In case of retrospective enrollment only 30 days after notice by employer to insurer. Subsequent payments must be in monthly periodic cycle. Penalty payment of 9% per year.

Payments other than periodic must be made within 30 days after receipt of due proof of loss. Same penalty provisions.

 
Continuation of coverage 215 ILCS 5/367e Continuation rights applicable according to state continuation (up to 9 months) or federal COBRA. Continuation available because of reduction in hours below minimum required by group plan effective 1/1/04.  
Conversion 215 ILCS 5/367e.1 Conversion must be made available to anyone who has been continuously insured under the group policy for three months and whose insurance has been terminated for any reason other than discontinuance of the group policy in its entirety.  
Continuation of Coverage upon employee death 215 ILCS 5/367(5) Coverage must continue for dependents for at least 90 days after death of the insured. Insurers may charge additional premium.  
Spousal continuation 215 ILCS 5/367.2 Spousal and dependent continuation rights in case of death, divorce or retirement.  
Dependent continuation 215 ILCS 5/367.2-5 Continuation rights for an insured's dependent child in the event of the death of the insured and the child is not eligible for coverage as a dependent under 215 ILCS 5/367.2.  
Coordination of Benefits

215 ILCS 5/367(11a &b)

50 IL Adm Code 2009

Based on same premise as NAIC Model with some language variance.  
Discontinuance and replacement of coverage

215 ILCS 5/367i

50 IL Adm Code 2013

A policy shall provide a reasonable extension of benefits (up to 12 months) in the event of total disability on the date the policy is discontinued. In case of discontinuance the prior plan shall be liable only to the extent of its accrued liabilities and extension of benefits.  
Newborn Coverage 215 ILCS 5/356c The policy must state newborns covered from the moment of birth. If additional premium is required insurer may require notification within 31 days in order to have coverage continue.  
Pending & Adopted Children 215 ILCS 5/356h No policy that covers the insured's immediate family or children may exclude or limit coverage of an adopted child or a child not residing with the insured (foster child). A child residing with an insured pursuant to an interim court order of adoption is considered an adopted child.  
Disabled Dependents 215 ILCS 5/367b Provides continuation for handicapped dependent that has attained the limiting age of the policy.  
REQUIREMENTS RELATING TO POLICY FORM REVIEW      
Alcoholism 215 ILCS 5/367(7) For inpatient coverage alcoholism must be treated the same as any other illness. The Division relies on the premise that since it may not be excluded from the coverage it must be treated as any other medical condition.  
Emergency Coverage Under the Influence of Alcohol or Narcotics 215 ILCS 5/367k No policy may exclude coverage for any emergency or other medical, hospital or surgical expenses incurred as a result of and related to an injury sustained while an insured is either intoxicated or under the influence of a narcotic, regardless of the conditions under which the substance is administered.  
Criminal Sexual Assault 215 ILCS 5/367(8) No policy for hospital or medical expenses issued on an expense-incurred basis may exclude coverage for charges for examination and testing of sexual criminal assault.  
Infertility Coverage 215 ILCS 5/356m

50 IL Adm Code 2015
The treatment of infertility is only required for employer groups with more than 25 employees.  
Mammography 215 ILCS 5/356g(a)

Coverage of screening by low-dose mammography for all women over 35;

Coverage requires baseline mammogram for women 35-39 and annual mammogram for women 40 years of age and older.

For women under 40 with a family history of breast cancer or other risk factors mammograms must be provided at an age and intervals considered medically necessary.

Coverage includes a comprehensive ultrasound screening of an entire breast or breasts when a mammogram demonstrates medical necessity as described

 
Clinical Breast Exam 215 ILCS 5/356g.5

Clinical breast examinations must be covered:

(1) at a minimum every three years for women over 20 years of age but less than 40; and,
(2) annually for women 40 years of age and older.

 

 
Reconstructive breast surgery

215 ILCS 5/356g(b)

215 ILCS 5/367(12)

50 IL Adm Code 2016

Coverage requires: reconstruction of breast upon which mastectomy performed; surgery and reconstruction of the other breast to produce a symmetrical appearance and prostheses and treatment for physical complications at all stages of mastectomy, including lymphdemas.  
Post Mastectomy Care 215 ILCS 5/356t Coverage must provide inpatient treatment following mastectomy for length of time to be determined by attending physician; must also provide for availability of post-discharge physician office visit or in-home nurse visit within 48 hours of discharge.  
Organ Transplant 215 ILCS 5/367(13) No accident and health insurer may deny reimbursement for an organ transplant as experimental or investigational unless supported by appropriate, required documentation.  
Mental, emotional or Nervous Disorders/Serious Mental Illness

215 ILCS 5/370c

215 ILCS 5/370c(b)(1)-(8)

Bulletin 99-6

The coverage must meet the minimum requirements of the Mental Health Parity Act. Please see Division Bulletin 99-6
Benefits for mental/nervous may not be combined with benefits for alcohol and substance abuse.

The benefit for serious mental illness, based on medical necessity, in addition to requiring 45 days of inpatient treatment also requires 60 outpatient visits and an additional 20 outpatient visits for speech therapy for the treatment of pervasive developmental disorders.

Benefits for serious mental illness are not applicable for small group.

The sunset provision for serious mental illness has been removed.
 
Post-Parturition Care 215 ILCS 5/356s If coverage provides maternity benefit it must provide minimum of 48 hours inpatient care for normal delivery and 96 hours for caesarian section. Shorter lengths of stays are permitted based on decision of attending physician.  
Pap and Prostate tests 215 ILCS 5/356u

Coverage must include annual cervical smear or Pap smear test for female insureds,including surveillance tests for ovarian cancer for female insureds who are at risk for ovarian cancer; and,

Annual digital rectal examination and prostate-specific antigen test for males upon recommendation of physician. Must include asymptomatic men age 50 and over; African-American men age 40 and over; and men age 40 and over with family history of prostate cancer.

 
Colorectal Cancer Screening 215 ILCS 5/356x Must cover all colorectal cancer exams and lab tests for colorectal cancer as prescribed by physician according to stated guidelines; may not impose greater copays, ded or waiting periods.  
Diabetes Supplies and Testing 215 ILCS 5/356w Coverage must be provided for outpatient self-management training and education, equipment and supplies. Guidelines are provided.  
Prenatal HIV testing 215 ILCS 5/356z.1 Must be provided if coverage includes maternity benefit.  
Adjunctive Services in Dental Care 215 ILCS 5/356z.2 This coverage is limited to children under the age of 6; to individuals with medical conditions that require hospitalization and general anesthesia for dental care; and for disabled individuals.  
Prescription Inhalants 215 ILCS 5/356z.4 If policy provides RX coverage it may not deny or limit coverage for prescription inhalants when diagnosis is asthma or other life-threatening bronchial ailments; additional guidelines provided.  
Coverage for contraceptives 215 ILCS 5/356z.4 If policy provides coverage for OP services and RX or devices it must provide insured and dependent coverage for all OP and contraceptive drugs and devices approved by the FDA; may not impose greater copays, ded or waiting periods.  
Bone Mass Measurement/Osteoporosis 215 ILCS 5/356z.6 Coverage must include medically necessary bone mass measurement and diagnosis and treatment of osteoporosis the same as any other illness.  
Multiple Sclerosis Preventative Physical Therapy 215 ILCS 5/356z.8 Coverage must provide for medically necessary preventative physical therapy for insureds diagnosed with this disease. A definition of "preventative physical therapy" is included. Coverage limitations, deductibles, coinsurance features, etc. must be provided the same as any other illness.  
Amino acid-based elemental formulas 215 ILCS 5/356z.9 Coverage must include reimbursement for amino acid-based elemental formulas, regardless of delivery method, for diagnosis and treatment of conditions described herein.  
Coverage for Human Papillomavirus Vaccine 215 ILCS 5/356z.9 Coverage must include benefit for FDA approved human papillomarivus vaccine (HPV).  
REQUIREMENTS SPECIFIC TO HIPAA      
Small employer (Definition) 215 ILCS 97/5 "Small employer" means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 2 but not more than 50 employees on business days during the preceding calendar year and who employs at least 2 employees on the first day of the plan year.  
Creditable Coverage 215 ILCS 97/20 (C)(D)(E)

a.) A group health plan;

b.) Health insurance coverage;

) Part A or part B of title XVIII of the Social Security Act;

d.) Title XIX of the Social Security Act other than coverage consisting solely of benefits under Section 1928;

e.) Chapter 55 of title 10 of the United States Code;

f.) A medical care program of the Indian Health Service or of a tribal organization;

g.) A state health benefits risk pool;

h.) A health plan offered under chapter 89 of title 5, United States Code;

i.) A public health plan (as defined in regulations);

j.) A health benefit plan under Section 5(e) of the Peace Corps Act;

k.) Title XXI of the federal Social Security Act, a State Children's Health Insurance Program.

 
Pre-Existing Conditions 215 ILCS 97/20(A)(B) Pre-existing condition exclusions are limited to conditions for which medical advice, diagnosis, care, or treatment was recommended or received within the 6-month period ending on the enrollment date. The exclusion may extend for no more than 12 months or 18 months for a late enrollee.  
Small Group Guarantee Issue 215 ILCS 97/40(A) Insurers must accept every small employer that applies for such coverage. Insurers must also accept every eligible individual who applies for enrollment during the period in which the individual first becomes eligible to enroll in the coverage.  
Network Plans Exceptions 215 ILCS 97/40(B)(C)(D)(E) Insurer may limit guarantee availability. May deny coverage to small group if it can demonstrate that it does not have the capacity to deliver services adequately to enrollees of any additional groups because of obligations to other existing groups and enrollees. This exception must be applied uniformly. If this exception is invoked, insurer is barred from writing coverage in small group market in that particular service area for 180 days.  
Guaranteed Renewability 215 ILCS 97/30(A)(B) Insurers in the small group or large group market must renew or continue in force a group's coverage at the option of the plan sponsor. Such guaranteed renewability is not applicable in cases of nonpayment of premium, fraud or misrepresentation, and violation of minimum participation requirements. For insurers ceasing to market to small or large group market or both, network plans may nonrenew coverage if there are no enrollees of the group who live, reside or work in the service area. Coverage through a bona fide association may be nonrenewed if the employer ceases to be a member of the association.  
Uniform Termination of Coverage Notification Requirements 215 ILCS 97/30 (C) Insurers must comply with the uniform notification requirements for discontinuing a particular type of coverage and discontinuing all coverage in the state. Notification requirements must appear in certificate.  
Notice Requirement 215 ILCS 97/60 An insurer electing to uniformly modify, terminate or discontinue coverage in accordance with Section 30 or 50 of Act 97 (HIPAA) must provide 90 days advance notice to the Division by certified mail.  
Portability 215 ILCS 97/20 Individuals moving within the group market and from individual coverage to group coverage (not group to individual coverage; unless to the alternative mechanism) will have preexisting exclusions reduced by creditable coverage under prior plans if there is no more than a 63 day break in coverage.  
GENERAL INFORMATION      
Discretionary Authority

215 ILCS 5/143(1)

50 IL Adm. Code 2001.3

Insurers are not permitted to place discretionary authority language in contracts of accident and health.  
Rate Filings 50 IL Adm. Code 916.40 e) and f) Rule 916 does not require the filing of Group Rates, except for Credit, Medicare Supplement and Long Term Care, which do need to be filed. Rates also need to be provided for individual accident and health filings.  
Blanket Group Policies 215 ILCS 5/367a Provides guidelines for covering special groups of people as listed.  
Discretionary Group Policies 215 ILCS 5/367.3 Filings will only be approved if the Division determines that the issuance of the policy is not contrary to the public interest; the issuance will result in economies of acquisition and administration; and, the benefits under the policy are reasonable in relation to the premium charged. Informational filings are required.  
Optional Coverage for TMJ 215 ILCS 5/356q Insurers providing hospital, medical or surgical care must offer coverage for TMJ and craniomandibular disorder.  
Women's Principal HealthCare Provider 215 ILCS 5/356r Insurer that requires insured to select PCP must allow female insureds the right to select a participating woman's principal health care provider. Notification required.  
Discrimination 50 IL Adm Code 2603 Guidelines for Unfair Discrimination based on sex, sexual preference or marital status. Forbids excluding coverage for dependent child maternity.  
Right of Reimbursement and Subrogation 50 IL Adm Code 2020 Provides guidelines for reimbursement and subrogation rights due to negligence of a third party.  
Optometric Services Election 215 ILCS 5/364.1 A policy that covers optometry must include an informational notice to the policyholder that it has the option to have such services reimbursed to either a physician or optometrist.  
Dental Coverage Reimbursement Rates 215 ILCS 5/355.2 All group or individual accident and health coverage that also includes dental and bases reimbursement on usual and customary fees must disclose specific information.  
HIV/AIDS Questions on Application 215 ILCS 5/143(1)
Questions designed to elicit information regarding AIDS, ARC and HIV must be specifically related to the testing, diagnosis or treatment done by a physician or an appropriately licensed clinical professional acting within the scope of his/her license.
 
Use of SSN on ID Cards

815 ILCS 505 2QQ HB 4712

215 ILCS 138/15

The focus of HB 4712 is on any card required for an individual to access products or services, while SB 2545 is more limited in that it just focuses on insurance cards.

HB 4712 prevents a person from:

· Publicly posting or displaying an individual's SSN;

· Printing an individual's SSN on any card required for the individual to access products or services, however, an entity providing an insurance card must print on the card a unique identification number as required by 215 ILCS 138/15.

· Being required to transmit an SSN over the Internet to access a web site unless the connection is secure or the SSN is encrypted;

· Requiring the individual to use his/her SSN to access a web site unless a PIN number or other authentication device is also used; and,

· Printing an individual's SSN on any materials mailed to an individual unless required by state or federal law.

Insurers are required to comply with both provisions.

 
Cancer Clinical Trials 215 ILCS 5/364.01 Insurers may not cancel or nonrenew any individual's coverage due to participation in a qualified cancer clinical trial. Guidelines are provided.  
DEPARTMENT POSITIONS      
Hospital Definition 215 ILCS 5/143(1) The definition of hospital must allow for those hospitals providing surgery, etc., on a formal arrangement basis with another institution.  
Prohibited Terms

215 ILCS 5/143(1)

50 IL Adm Code 2001.20 h) 2)

Policies may not use terms such as "external" and "violent" in connection with the definition of accident and health.  
Intoxication Definition 215 ILCS 5/143(1) An intoxication definition must be included in the policy if it is listed as an exclusion. A reasonable example would be, "Intoxication means that which is defined and determined by the laws of the jurisdiction where the loss or cause of the loss was incurred."  
Prohibited Exclusion 50 IL Adm Code 2001.20 q) General Body System exclusions are not permissible.