Contact Person: Illinois Division of Insurance 320 West Washington Street
Cindy Colonius Review Requirements Checklist Springfield, IL 62767-0001
217-524-0663    
Cindy.Colonius@Illinois.gov

Effective 11/18/08

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

Individual Accident/Health Short Term

H16I

Individual Accident/Health Short Term policies that serve as a bridge when an individual is out of work.

H16I.004

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) at: http://www.idfpr.com/DOI/Regulatory_Filings/regulatory_filings.asp. Scroll down to "Universal Transmittal Document Software (Etrans)"

 
Outline of Coverage 50 IL Adm. Code 2007.80b) An Outline of Coverage must be submitted with a uniform transmittal document and contain a unique filing number.  
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:

http://www.idfpr.com/DOI/LAH_HMO_IS3_Checklists/IS3_Checklists.asp
 
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).
 
Rates 215 ILCS 5/355 Rates must be submitted with a uniform transmittal document and contain a unique filing number.  
GENERAL REQUIREMENTS FOR ALL FILINGS REFERENCE DESCRIPTION OF REVIEW STANDARDS REQUIREMENTS   
Accident and Health Required Provisions 215 ILCS 5/357.1 Each accident and health policy must contain the provisions contained in 3/357.2-3/357.13  
Form of Policy 215 ILCS 5/356a No policy of accident and health insurance may be delivered or issued for deliver to any person in this state unless it adheres to the provisions of this section.  
Entire Contract 215 ILCS 5/357.1
215 ILCS 5/357.2
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 5/357.1
215 ILCS 5/357.3
A policy is incontestable two years from the date of issue except for fraudulent misstatements made by the applicant on the application.  
Notice of Claim 215 ILCS 5/357.1
215 ILCS 5/357.6
Written notice of claim should be submitted to the company within 20 days of the occurrence or commencement of any loss.  
Legal Action 215 ILCS 5/357.1
215 ILCS 5/357.12
No such action shall be brought after 3 years from the date of due proof of loss is required to be furnished.  
Claim Forms 215 ILCS 5/357.1
215 ILCS 5/357.7
The company shall furnish those forms needed to submit proofs of loss within 15 days.  
Payment of Claims 215 ILCS 5/357.1
215 ILCS 5/357.10
Benefits may be assigned.  
Timely Payment of Claims 215 ILCS 5/357.1
215 ILCS 5/357.9
Claims must be paid within 30 days following receipt of written due proof of loss.  
Grace Period 215 ILCS 5/357.1
215 ILCS 5/357.4
A grace period of not less than 7 days (weekly premium), 10 days (monthly premium) and 31 days for all other policies is required.  
Proof of Loss 215 ILCS 5/357.1
215 ILCS 5/357.8
Written proofs of loss should be submitted to the company within 90 days of loss.  
Physical examinations and autopsy 215 ILCS 5/357.11 Insurers, at their own expense, have the right and opportunity to examine the insured when, and as reasonably often as required, during a claim's pending period. It may also conduct an autopsy in the case of death when law does not forbid it.  
Newborn Children 215 ILCS 5/356c The policy must state newborns are covered from the moment of birth. If additional premium is required the 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 5/356b If a policy contains a provision for a limiting age for dependents, that provision will not be applicable to a handicapping condition that occurred before the attainment of the limiting age. This provision is only applicable for expense incurred policies.  
REQUIREMENTS RELATING TO POLICY FORM REVIEW      
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.  
Definition of Emergency Medical Condition

215 ILCS 5/155.36

215 ILCS 134/10
Insurers must use this definition that includes “prudent lay person” language.  
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.

 

 
Colorectal cancer screening 215 ILCS 5/356x Must cover all colorectal cancer exams and lab tests for colorectal cancer as prescribed by a physician according to stated guidelines; may not impose greater copays, ded or waiting periods.  
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.  
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).  
Shingles Vaccine

215 ILCS 5/356z.11

Coverage must include a vaccine for shingles that is approved by the federal Food and Drug Administration if it is ordered by a physician for an insured/enrollee who is 60 years of age or older.  
HIPAA REQUIREMENTS      
Creditable Coverage 215 ILCS 97/20(C)(D)(E)

a.) A group health plan;

b.) Health insurance coverage;

c.) 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.

 
ADMINISTRATIVE CODE PROVISIONS      
Renewability 50 IL. Adm. Code 2007.80(a)(1) The renewal provision must appear on the first page of the policy.  
Pre-Existing Conditions 50 IL. Adm. Code 2005
50 IL. Adm. Code 2007.80(a)(5)
The minimum definition for pre-existing condition is included within Rule 2005. A separate paragraph concerning pre-existing conditions limitations must be included in the contract that limits such conditions.  
Free Look 50 IL. Adm Code 2007.80(a)(7)
215 ILCS 5/355a (5)(a)
The policy must contain a 10-day free look provision.  
Replacement Question 50 IL. Adm. Code 2007.90a) This provision is only applicable if the policy is renewable. The application must contain a replacement question designed to elicit information concerning whether the policy will replace any existing accident and health coverage.  
Waiting Periods 50 IL. Adm. Code 2007.50 The policy may provide for a probationary period not to exceed 30 days from the effective date of coverage. (See definition of "Sickness" in same section of the Rule.)  
6 Month Waiting Period 50 IL. Adm. Code 2007.60(a) No waiting period or probationary period may exceed 6 months for specified diseases or conditions or losses from hernia, varicose veins, adenoids, appendix and tonsils. However, the 6-month waiting period shall not be applicable if such specified diseases or conditions are treated on an emergency basis.  
Terms not Permitted 50 IL. Adm. Code 2007.50
50 IL Adm. Code 2001.20 h) 2)
"External," "Violent," "Visible" or similar words of description or characterization are not allowed. The use of the term, "independent of all other causes" is ambiguous when used in the definition of injury and is not allowed.  
Return of Premium 50 IL. Adm. Code 2007.60(c)(1-8) The provision is allowed in disability, hospital confinement or specified disease under certain conditions.  
Allowable Exclusions 50 IL. Adm. Code 2007.60(e) No policy may limit or exclude coverage by type of illness, accident, treatment or medical condition except as provided.  
Accidental Circumstances 50 IL. Adm. Code 2007.60(g) No policy may limit, exclude or reduce benefits for loss due to purely accidental circumstances.  
Covered Condition Complications 50 IL. Adm. Code 2007.60(h) A policy, endorsement or rider may not exclude treatment or services arising from complications of a covered condition.  
Minimum Standards 50 IL. Adm. Code 2007.70 This section of the Rule outlines minimum standards for accident and health benefits.  
Required Disclosures 50 IL. Adm. Code 2007.80 This Section of the Rule contains guidelines on required policy and disclosure provisions.  
Exclusion (Body System) 50 IL. Adm. Code 2001.20(q) This Rule disallows the exclusion of any body system (i.e. illnesses related to the cardio-vascular system are not covered).  
Discrimination 50 IL. Adm. Code 2603 Provides guidelines on unfair discrimination based on sex, sexual preference or marital status.  
Right of Reimbursement and Subrogation 50 IL Adm. Code 2020 Provides guidelines for reimbursement and subrogation rights due to negligence of a third party.  
Cash Value Rider Not Permitted 50 IL Adm. Code 2007.60(c) The Rule only allows cash value riders for disability, hospital indemnity and specified disease policies.  
GENERAL INFORMATION      
Discretionary Authority 215ILCS 5/143(1)
50 IL Adm. Code 2001.3
Insurers are not permitted to place discretionary authority language in contracts of accident and health.  
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.  
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

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 must 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.  
OPTIONAL PROVISIONS      
Misstatement of Age 215 ILCS 5/357.16 If the age of the insured has been misstated, all amounts payable under this policy shall be such as the premium paid would have purchased at the correct age.  
Unpaid Premium 215 ILCS 5/357.1
215 ILCS 5/357.21
Provides for deduction of any unpaid premium at time of claim.  
Cancellation 215 ILCS 5/357.22 Cancellation provisions with prior notification requirements.  
Disclosure of Conformity with State Statutes 215 ILCS 5/357.23 Any provision of the policy, which, on its effective date, is in conflict with the statutes of the state in which the insured resides on such date, is hereby amended to conform to the minimum requirements of such statutes.  
Illegal Occupation 215 ILCS 5/357.24 An insurer shall not be liable for any loss to which a contributing cause was the insured's commission of or attempt to commit a felony or to which a contributing cause was the insured's being engaged in an illegal occupation.  
Pro-rata Refund 215 ILCS 5/357.31 Insurers must provide pro-rata refunds of premium upon receipt of proper notification of insured's death. Refund may not be based on short-rate table.  
DEPARTMENT POSITIONS      
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."