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 09/28/09

Line(s) of   Line(s) of  
Business   Insurance  

Individual Accident/Health

 

Individual accident and health policies;
Does not include limited benefit plans.

 
Click here for interactive version of this document to be down loaded and submitted with this filing

Word Document - Alteration of this document will result in rejection of the filing

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://insurance.illinois.gov/Regulatory_Filings/regulatory_filings.asp. Scroll down to "Universal Transmittal Document Software (Etrans)"  
Outline of Coverage 50 IL Adm. Code 2007.80 b) 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.

 
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  LOCATION OF STANDARD IN FILING
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 5/357.1
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.  
Change of Beneficiary 215 ILCS 5/357.1
215 ILCS 5/357.13
The individual designating a beneficiary retains the right to change that designation unless he/she makes that designation irrevocable.  
Reinstatement 215 ILCS 5/357.1
215 ILCS 5/357.5
A policy may be reinstated with or without an application as provided.  
Reinstatement for Military Service Member 215 ILCS 5/368f No Illinois resident who is activated for military service (and no spouse or dependent of that resident) and who becomes eligible for a federal government-sponsored program as a result of that activation may be denied reinstatement to that same individual coverage with the health insurer after discharge unless the discharge is under less than honorable conditions.  
Extended age dependent continuation 215 ILCS 5/356z.12

Effective June 1, 2009 a policy that includes dependent coverage must allow unmarried dependents under the age of 26 to apply for coverage. Additionally, polices must allow military veteran dependents under the age of 30 to apply for coverage if the veteran is an Illinois resident, not married; has served in the active or a reserve components of the U.S. Armed Forces (including the National Guard) and has received a release or discharge other than dishonorable.
Policies in force as of June 1, 2009 must provide for a 90 day open enrollment period for all dependents that meet the criteria described above beginning on the policy renewal date, but no later than May 31, 2010. Insurers may not apply requirements for creditable coverage, continuous coverage or breaks in coverage during the initial enrollment period. However, preexisting condition limitations may be applied if creditable coverage has not been established.
Policies issued on or after June 1, 2009 must also provide for a 90 day open enrollment applicable to policies issued on or before May 31, 2010.
Insurers must provide an annual 30 day open enrollment period.
The law does not change HIPAA special enrollment requirements.

The attached link provides FAQ information from our web site.
 
Dependent students; medical leave of absence continuation 215 ILCS 5/356z.11

Effective June 1, 2009 a policy must continue to provide coverage for a dependent college student who has taken a medical leave of absence or reduced hours to part-time status due to a catastrophic illness or injury. Continuation is subject to all of the policy’s terms and conditions applicable to that form of insurance and shall terminate 12 months after the notice of the illness or injury or until coverage would have otherwise lapsed.

This coverage mirrors the requirements of H.R. 285, known as Michelle’s Law, signed by the President on October 9, 2008.
 
Spousal Conversion 215 ILCS 5/356d Policies of accident and health must contain a conversion provision, made available without evidence of insurability, for dependent spouses upon a valid judgment of dissolution of the marriage if such application is made within 60 days following the date of judgment.  
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 REFERENCE DESCRIPTION OF REVIEW STANDARDS REQUIREMENTS  LOCATION OF STANDARD IN FILING
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.

Coverage must be provided at no cost to the insured and shall not be applied to an annual or lifetime maximum benefit.

When coverage is available through contracted providers and such a provider is not utilized, plan provisions specific to the use of those non-contracted providers must be applied without distinction to the coverage required and shall be at least as favorable as for other radiological examinations covered by the policy or contract.
 
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)
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.  
Breast Cancer Pain Medication and Therapy 215 ILCS 5/356g.5-1 Coverage must include all medically necessary pain medication and pain therapy related to the treatment of breast cancer under the same terms and condition applicable to treatment of other conditions. The term “pain therapy” is defined.  
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 5/356k No accident and health insurer may deny reimbursement for an organ transplant as experimental or investigational unless supported by appropriate, required documentation.  
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.  
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.  
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.5 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.10 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.  
Autism Spectrum Disorders

215 ILCS 5/356z.14

Coverage must be provided for individuals under age 21 for the diagnosis and treatment of autism spectrum disorders to the extent that such care is not already covered by the policy.  
Habilitative Services for Children 215 ILCS 5/356z.14 A group or individual policy of accident and health or a managed care plan must provide coverage for habilitative services for children less than 19 years of age with congenital, genetic, or early acquired disorders as described.  
HIPAA REQUIREMENTS REFERENCE DESCRIPTION OF REVIEW STANDARDS REQUIREMENTS  LOCATION OF STANDARD IN FILING
Definition of Individual Health Plan 215 ILCS 97/5 "Individual health insurance coverage" means health insurance coverage offered to individuals in the individual market, but does not include short-term limited duration insurance.  
Guaranteed Renewability 215 ILCS 97/50 (A)(B)

Except as provided a health insurer issuing individual coverage must renew or continue in force coverage at the option of the individual except for:
a.) Nonpayment of premium;
b.) Fraud;
c.) Termination of the plan;
d.) Movement outside the service area; or
e.) Association membership ceases.

 
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.

 
Termination of Plan 215 ILCS 97/50 (C)(1) Insurers must comply with the uniform notification requirements for discontinuing a particular type of coverage in the state. Notification requirements must appear in certificate  
Discontinuance of Coverage 215 ILCS 97/50(C)(2) Insurers must comply with the uniform notification requirements for 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.  
Modification of Coverage 215 ILCS 97/50(D) An insurer may only modify a contract at renewal as long as the modification is consistent with Illinois law and consistent on a uniform basis among all individuals with that policy form.  
ADMINISTRATIVE CODE PROVISIONS REFERENCE DESCRIPTION OF REVIEW STANDARDS REQUIREMENTS  LOCATION OF STANDARD IN FILING
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 preexisting 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) 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 REFERENCE DESCRIPTION OF REVIEW STANDARDS REQUIREMENTS  LOCATION OF STANDARD IN FILING
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.  
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.  
Women's Principal HealthCare Provider 215 ILCS 5/356r Insurer that requires insured to select PCP must allow female insured 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 REFERENCE DESCRIPTION OF REVIEW STANDARDS REQUIREMENTS  LOCATION OF STANDARD IN FILING
Change of Occupation 215 ILCS 5/357.15 An insured who is injured or becomes sick after having changed occupations to one classified as either more or less hazardous, will have a suitable premium adjustment made as provided.  
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.  
Other Insurance in Company 215 ILCS 5/357.17 Excess coverage protection provisions.  
Insurance with Other Companies 215 ILCS 5/357.18 Excess coverage protection provisions for insurance with other companies for expense incurred type policies.  
Insurance with Other Companies 215 ILCS 5/357.19 Excess coverage protection provisions for insurance with other companies for indemnity type policies.  
Unpaid Premium 215 ILCS 5/357.21 Upon the payment of a claim under the policy, any premium then due and unpaid or covered by any note or written order may be deducted.  
Cancellation 215 ILCS 5/357.22 Cancellation provisions with prior notification requirements. Subject to HIPAA 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.  
Wellness Coverage 215 ILCS 5/356z.15 Individual and group accident and health insurers and HMOs may offer reasonably designed programs for wellness coverage.  
DEPARTMENT POSITIONS REFERENCE DESCRIPTION OF REVIEW STANDARDS REQUIREMENTS  LOCATION OF STANDARD IN FILING
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."  
Precertification penalties 215 ILCS 5/143(1) The Division will permit a failure to precertify a hospital admission penalty of the lesser of up to $1,000 or 50% of the billed charge. The penalty may be no more frequent than a per confinement basis.