ACA Small Group HMO/POS
Updated MAY 2024
Illinois Department of Insurance
320 West Washington Street
Springfield, IL 62767
d.7 Continuation of Coverage 215 ILCS 125/4-9.2
A group policy insures employees or members shall provide that employees or members whose insurance under the
group policy would otherwise terminate because of termination of employment or membership or because of a
reduction in hours below the minimum required by the group plan shall be entitled to continue their coverage for
themselves and their eligible dependents.
d.8 Spousal Continuation Privilege
215 ILCS 5/367.2
215 ILCS 125/5-3(a)
Policy must provide for a continuation of the existing insurance benefits for an employee's spouse and dependent
children who are insured under the provisions of that group policy or certificate thereunder, notwithstanding that the
marriage is dissolved by judgment or terminated by the death of the employee or, after the effective date of this
amendatory Act of the 93rd General Assembly, notwithstanding the retirement of the employee provided that the
employee's spouse is at least 55 years of age, in each case without any other eligibility requirements.
d.9
Dependent Child Continuation
Privilege
215 ILCS 5/367.2-5
215 ILCS 125/5-3(a)
Policy must provide for a continuation of the existing insurance benefits for an employee's dependent child who is
insured under the provisions of that group policy or certificate in the event of the death of the employee and the child is
not eligible for coverage as a dependent under the provisions of Section 367.2 (Spousal Continuation Privilege) or the
dependent child has attained the limiting age under the policy.
d.10 Discontinuance and Replacement
215 ILCS 125/5-3(a)
Group health insurance policies issued, amended, delivered or renewed on and after the effective date of this
amendatory Act of 1989, shall provide a reasonable extension of benefits in the event of total disability on the date the
policy is discontinued for any reason.
e.1 Out-Of- Pocket Expense
Section 1302 of the ACA
42 USC 300gg-6
Policy must state all out-of-pocket limitations. The ACA sets the annual limitation on cost sharing. 2025 Out-of-pocket
maximums: Self-Only $9,200 -- Other than self-only coverage $18,400
e.2 Precertification Penalties
50 IAC 2051.310(a)(6)(K)
215 ILCS 124/10(b)(8)
If a plan intends to impose penalties for failure to pre-certify a hospital admission, the penalty must be defined in the
policy and may not exceed $1,000. The penalty may be no more frequent than a per confinement basis.
e.3
Emergency Services Prior to
Stabilization
215 ILCS 134/65
50 IAC 4520.110(b)
The plan shall cover emergency services in a manner that those services will be provided without imposing a requirement
under the plan for prior authorization of services or any limitation on coverage when the provider of services does not
have a contractual relationship with the plan for the providing of services.
e.4 Post Stabilization Services
215 ILCS 134/70
50 IAC 4520.120
If prior authorization for covered post-stabilization services is required by the healthcare plan, the plan shall provide
access 24 hours a day, 7 days a week to persons designated by the plan to make such determinations. The health care
plan shall provide reimbursement for covered post-stabilization medical services if: 1). authorization to render them is
received from the healthcare plan or its delegated health care provider, or 2). after two documented good faith efforts,
the treating health care provider has attempted to contact the enrollee's health care plan and neither the plan nor
designated persons were accessible or the authorization was not denied within 60 minutes of the request.
e.5 Deductibles and Copayments
215 ILCS 125/4-20
50 IAC 4521.110(i)
An HMO may require deductibles and copayments of enrollees as a condition for the receipt of specific health care
services, including basic health care services. Deductibles and copayments shall be the only allowable charge, other than
premiums, assessed enrollees. Copayments and deductibles appearing in the policy shall be for specific dollar amounts
or for specific percentages of the cost of the health care services.
e.6 Refunds/ Additional Premiums 215 ILCS 125/5-3(f)
If an HMO and a group policy holder (employer or other enrollment unit) agree to refund arrangements or charge
additional premiums, the following terms and conditions must be met: 1). the amount of, and other terms and
conditions with respect to, the refund or additional premium are set forth in the group or enrollment unit contract
agreed in advance of the period for which a refund is to be paid or additional premium is to be charged (which period
shall not be less than one year); 2). the amount of the refund or additional premium shall not exceed 20% of the HMO's
profitable or unprofitable experience with respect to the group or other enrollment unit for the period.
e.7 Copay/Deductible Accumulators 215 ILCS 134/30(d)
A health care plan shall apply any third-party payments, financial assistance, discount, product vouchers, or any other
reduction in out-of-pocket expenses made by or on behalf of such insured for prescription drugs toward a covered
individual's deductible, copay, or cost-sharing responsibility, or out-of-pocket maximum associated with the individual's
health insurance. HDHP with HSA exempt from counting third-party payments until the minimal deductible under 26
U.S.C. § 223 has been met.
SECTION E - OUT-OF-POCKET/ ELIGIBLE EXPENSES
Emily Downs, Assistant Deputy Director - Health Compliance
Emily.Downs@Illinois.gov
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