Insurance Committee
Filed: 3/11/2008
 
 

 




 

 		












09500HB4940ham001

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AMENDMENT TO HOUSE BILL 4940




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    AMENDMENT NO. ______. Amend House Bill 4940 on page 2, by 
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replacing lines 7 and 8 with the following:
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"a reasonably designed program for wellness coverage that 
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allows for a reduction in premiums or reduced"; and


  
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on page 2, line 14, by replacing "program," with "program. 
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Individuals unable to participate in wellness program 
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standards, due to an adverse health factor, shall not be 
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penalized based upon their adverse health status."; and
 
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on page 2, by deleting lines 15 through 18; and
 
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on page 3, by replacing lines 3 through 5 with the following:
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    "(d) For purposes of this Section, "reasonably designed 
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program" means a program of wellness coverage that (1)  has a 
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reasonable chance of improving health or preventing disease, 
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(2) is not overly burdensome, (3) does not discriminate based 
 


 






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upon factors of health, and (4) is not otherwise contrary to 
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law.
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    (e) A plan offering wellness coverage must give 
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participants the opportunity to qualify for offered incentives 
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at least once a year. 
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    (f) A plan offering wellness coverage must allow a 
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reasonable alternative to any individual for whom it is 
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unreasonably difficult, due to a medical condition, to satisfy 
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otherwise applicable wellness program standards. Plans may 
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seek physician verification that health factors make it 
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unreasonably difficult or medically inadvisable for the 
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participant to satisfy the standards.
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    (g) The total incentive under a wellness program shall not 
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exceed 20% of the cost of employee-only coverage. The cost of 
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employee-only coverage includes both employer and employee 
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contributions. For plans offering family coverage, the 20% 
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limitation applies to cost of family coverage and applies to 
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the entire family.
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    (h) Notwithstanding any other rulemaking authority that 
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may exist, neither the Governor nor any agency or agency head 
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under the jurisdiction of the Governor has any authority to 
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make or promulgate rules to implement or enforce the provisions 
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of this amendatory Act of the 95th General Assembly.  If, 
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however, the Governor believes that rules are necessary to 
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implement or enforce the provisions of this amendatory Act of 
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the 95th General Assembly, the Governor may suggest rules to 
 


 






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the General Assembly by filing them with the Clerk of the House 
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and the Secretary of the Senate and by requesting that the 
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General Assembly authorize such rulemaking by law, enact those 
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suggested rules into law, or take any other appropriate action 
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in the General Assembly's discretion.   Nothing contained in this 
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amendatory Act of the 95th General Assembly shall be 
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interpreted to grant rulemaking authority under any other 
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Illinois statute where such authority is not otherwise 
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explicitly given.  For the purposes of this amendatory Act of 
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the 95th General Assembly, "rules" is given the meaning 
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contained in Section 1-70 of the Illinois Administrative 
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Procedure Act, and "agency" and "agency head" are given the 
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meanings contained in Sections 1-20 and 1-25 of the Illinois 
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Administrative Procedure Act to the extent that such 
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definitions apply to agencies or agency heads under the 
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jurisdiction of the Governor.".