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Full Text of HB5389
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HB5389 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5389
Introduced 2/10/2026, by Rep. Nabeela Syed
SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-1069.3
60 ILCS 1/100-15
65 ILCS 5/10-4-2.3
215 ILCS 5/356z.88 new
305 ILCS 5/5-16.8
Amends the Illinois Insurance Code. Provides that no policy of
accident and health insurance shall be issued, amended, delivered, or
renewed in this State on or after January 1, 2027 unless the policy
provides coverage for annual lung cancer screenings for any beneficiary
currently employed as an active firefighter or any person eligible for or
currently receiving a retirement annuity, retirement pension, disability
pension, or disability benefit pursuant to the Downstate Firefighter or
Chicago Firefighter Article of the Illinois Pension Code. Requires the
coverage to be provided without cost sharing. Amends the Counties Code,
the Township Code, the Illinois Municipal Code, and the Illinois Public
Aid Code to require coverage under the provisions of those Acts.
LRB104 15434 BAB 28589 b
A BILL FOR
HB5389
LRB104 15434 BAB 28589 b
1
AN ACT concerning regulation.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Counties Code is amended by changing
5
Section 5-1069.3 as follows:
6
(55 ILCS 5/5-1069.3)
7
Sec. 5-1069.3.
Required health benefits.
If a county,
8
including a home rule county, is a self-insurer for purposes
9
of providing health insurance coverage for its employees, the
10
coverage shall include coverage for the post-mastectomy care
11
benefits required to be covered by a policy of accident and
12
health insurance under Section 356t and the coverage required
13
under Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u,
14
356u.10, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9,
15
356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22,
16
356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 356z.33, 356z.36,
17
356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51,
18
356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61,
19
356z.62, 356z.64, 356z.67, 356z.68,
and
356z.70,
and
356z.71
,
20
356z.74, 356z.77, 356z.80, and 356z.88
of the Illinois
21
Insurance Code. The coverage shall comply with Sections
22
155.22a, 355b, 356z.19, and 370c of the Illinois Insurance
23
Code. The Department of Insurance shall enforce the
HB5389
- 2 -
LRB104 15434 BAB 28589 b
1
requirements of this Section. The requirement that health
2
benefits be covered as provided in this Section is an
3
exclusive power and function of the State and is a denial and
4
limitation under Article VII, Section 6, subsection (h) of the
5
Illinois Constitution. A home rule county to which this
6
Section applies must comply with every provision of this
7
Section.
8
Rulemaking authority to implement Public Act 95-1045, if
9
any, is conditioned on the rules being adopted in accordance
10
with all provisions of the Illinois Administrative Procedure
11
Act and all rules and procedures of the Joint Committee on
12
Administrative Rules; any purported rule not so adopted, for
13
whatever reason, is unauthorized.
14
(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
15
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
16
1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731,
17
eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
18
102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
19
1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
20
eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
21
103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-605, eff.
22
7-1-24; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-914,
23
eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25;
24
revised 11-26-24.)
25
Section 10.
The Township Code is amended by changing
HB5389
- 3 -
LRB104 15434 BAB 28589 b
1
Section 100-15 as follows:
2
(60 ILCS 1/100-15)
3
Sec. 100-15.
Group insurance.
In addition to any powers
4
that it may exercise under the Government Salary Withholding
5
Act, the township board may provide, for the benefit of the
6
township's employees, officials, or retired officials and
7
their dependents, group life, health, accident, hospital, or
8
dental insurance or any combination of those types of
9
insurance. The insurance may include provision for employees,
10
officials, retired officials, and their dependents who rely on
11
treatment by prayer or spiritual means alone for healing in
12
accordance with the tenets and practice of a well recognized
13
religious denomination. The township board may provide for
14
payment by the township of all or a portion of the premium or
15
charge for the insurance for covered persons, except that the
16
township may not pay all or a portion of the premium or charge
17
for the insurance for retired officials and their dependents.
18
If the township board undertakes a plan under which the
19
township does not pay the entire amount of premiums or charges
20
for the insurance, the board may provide for withholding and
21
deducting from the compensation of its employees or officers
22
amounts required to pay the balance of the premiums or
23
charges.
If the township board provides accident and health
24
insurance coverage under this Section, then the coverage shall
25
comply with the requirements of Section 356z.88 of the
HB5389
- 4 -
LRB104 15434 BAB 28589 b
1
Illinois Insurance Code.
2
(Source: P.A. 88-62; 89-326, eff. 1-1-96.)
3
Section 15.
The Illinois Municipal Code is amended by
4
changing Section 10-4-2.3 as follows:
5
(65 ILCS 5/10-4-2.3)
6
Sec. 10-4-2.3.
Required health benefits.
If a
7
municipality, including a home rule municipality, is a
8
self-insurer for purposes of providing health insurance
9
coverage for its employees, the coverage shall include
10
coverage for the post-mastectomy care benefits required to be
11
covered by a policy of accident and health insurance under
12
Section 356t and the coverage required under Sections 356g,
13
356g.5, 356g.5-1, 356m, 356q, 356u, 356u.10, 356w, 356x,
14
356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
15
356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,
16
356z.29, 356z.30, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,
17
356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54,
18
356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64,
19
356z.67, 356z.68,
and
356z.70,
and
356z.71
, 356z.74, 356z.77,
20
356z.80, and 356z.88
of the Illinois Insurance Code. The
21
coverage shall comply with Sections 155.22a, 355b, 356z.19,
22
and 370c of the Illinois Insurance Code. The Department of
23
Insurance shall enforce the requirements of this Section. The
24
requirement that health benefits be covered as provided in
HB5389
- 5 -
LRB104 15434 BAB 28589 b
1
this is an exclusive power and function of the State and is a
2
denial and limitation under Article VII, Section 6, subsection
3
(h) of the Illinois Constitution. A home rule municipality to
4
which this Section applies must comply with every provision of
5
this Section.
6
Rulemaking authority to implement Public Act 95-1045, if
7
any, is conditioned on the rules being adopted in accordance
8
with all provisions of the Illinois Administrative Procedure
9
Act and all rules and procedures of the Joint Committee on
10
Administrative Rules; any purported rule not so adopted, for
11
whatever reason, is unauthorized.
12
(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
13
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
14
1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731,
15
eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
16
102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
17
1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
18
eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
19
103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-605, eff.
20
7-1-24; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-914,
21
eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25;
22
revised 11-26-24.)
23
Section 20.
The Illinois Insurance Code is amended by
24
adding Section 356z.88 as follows:
HB5389
- 6 -
LRB104 15434 BAB 28589 b
1
(215 ILCS 5/356z.88 new)
2
Sec. 356z.88.
Annual lung cancer screenings for
3
firefighters.
No policy of accident and health insurance shall
4
be issued, amended, delivered, or renewed in this State on or
5
after January 1, 2027 unless the policy provides coverage for
6
annual lung cancer screenings for any beneficiary currently
7
employed as an active firefighter or any person eligible for
8
or currently receiving a retirement annuity, retirement
9
pension, disability pension, or disability benefit pursuant to
10
Article 4 or Article 6 of the Illinois Pension Code. This
11
coverage shall be provided without cost sharing.
12
Section 25.
The Illinois Public Aid Code is amended by
13
changing Section 5-16.8 as follows:
14
(305 ILCS 5/5-16.8)
15
Sec. 5-16.8.
Required health benefits.
The medical
16
assistance program shall (i) provide the post-mastectomy care
17
benefits required to be covered by a policy of accident and
18
health insurance under Section 356t and the coverage required
19
under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6,
20
356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46,
21
356z.47, 356z.51, 356z.53, 356z.59, 356z.60, 356z.61, 356z.64,
22
and
356z.67,
and
356z.71
, 356z.75, 356z.80, and 356z.88
of the
23
Illinois Insurance Code, (ii) be subject to the provisions of
24
Sections 356z.19, 356z.44, 356z.49, 364.01, 370c, and 370c.1
HB5389
- 7 -
LRB104 15434 BAB 28589 b
1
of the Illinois Insurance Code, and (iii) be subject to the
2
provisions of subsection (d-5) of Section 10 of the Network
3
Adequacy and Transparency Act.
4
The Department, by rule, shall adopt a model similar to
5
the requirements of Section 356z.39 of the Illinois Insurance
6
Code.
7
On and after July 1, 2012, the Department shall reduce any
8
rate of reimbursement for services or other payments or alter
9
any methodologies authorized by this Code to reduce any rate
10
of reimbursement for services or other payments in accordance
11
with Section 5-5e.
12
To ensure full access to the benefits set forth in this
13
Section, on and after January 1, 2016, the Department shall
14
ensure that provider and hospital reimbursement for
15
post-mastectomy care benefits required under this Section are
16
no lower than the Medicare reimbursement rate.
17
(Source: P.A. 102-30, eff. 1-1-22; 102-144, eff. 1-1-22;
18
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-530, eff.
19
1-1-22; 102-642, eff. 1-1-22; 102-804, eff. 1-1-23; 102-813,
20
eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093, eff. 1-1-23;
21
102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.
22
1-1-24; 103-420, eff. 1-1-24; 103-605, eff. 7-1-24; 103-703,
23
eff. 1-1-25; 103-758, eff. 1-1-25; 103-1024, eff. 1-1-25;
24
revised 11-26-24.)
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