ABORTION ACCESS FUND GRANTS

Illinois General Assembly - Full Text of HB5408

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Full Text of HB5408

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HB5408 - 104th General Assembly

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HB5408 Engrossed
LRB104 20688 BAB 34187 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 State Finance Act is amended by adding
5
Section 5.1038 as follows:

6

(30 ILCS 105/5.1038 new)
7

Sec. 5.1038.
The Abortion Access Fund.

8

Section 10.
The Department of Public Health Powers and
9
Duties Law of the Civil Administrative Code of Illinois is
10
amended by adding Section 2310-426 as follows:

11

(20 ILCS 2310/2310-426 new)
12

Sec. 2310-426.
Abortion Access Fund Grant Program.
13

(a) As used in this Section:
14

"Abortion" has the meaning given to that term in Section
15
1-10 of the Reproductive Health Act.
16

"Fund" means the Abortion Access Fund.
17

(b) The Department shall establish the Abortion Access
18
Fund Grant Program. Subject to appropriation, the Program
19
shall use moneys in the Fund to award grants to support access
20
to abortions throughout the State. Grants awarded under the
21
Program shall only be used to fund abortions for which the use

HB5408 Engrossed
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LRB104 20688 BAB 34187 b
1
of federal funds is prohibited for patients who are uninsured
2
or underinsured with respect to those services.
3

(c) The Abortion Access Fund is created as a special fund
4
in the State treasury. The Fund shall consist of moneys
5
deposited into the Fund under Section 5-35 of the Illinois
6
Health Benefits Exchange Law.

7

Section 15.
The Illinois Health Benefits Exchange Law is
8
amended by adding Section 5-35 as follows:

9

(215 ILCS 122/5-35 new)
10

Sec. 5-35.
Separate allocation account reports and
11
transfers.
12

(a) Beginning on or before March 1, 2027, and on or before
13
March 1 of each year thereafter, a health insurance issuer
14
described in subsection (b) or (c) that has offered one or more
15
qualified health plans through the Illinois Health Benefits
16
Exchange shall report to the Department of Insurance an
17
accounting of receipts, disbursements, transfers of funds
18
between accounts, total dollar claims paid, accrued interest,
19
and the year-end balance each reporting year for the separate
20
allocation accounts that the issuer has established under 42
21
U.S.C. 18023(b)(2)(B) and 42 U.S.C. 18023(b)(2)(C) for
22
abortion services for which federal funding is prohibited. If
23
funds have been transferred from a separate allocation account
24
described in this subsection to any other account maintained

HB5408 Engrossed
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LRB104 20688 BAB 34187 b
1
by, on behalf of, or for the benefit of the health insurance
2
issuer, the annual report shall attribute the amount of or
3
amounts within the transfer to premiums collected by plan year
4
under 42 U.S.C. 1303(B)(2)(B)(i)(II), except that the
5
attribution shall not result in premiums collected being less
6
than claims paid for services rendered during the plan year.
7
The annual reports shall include any related documentation and
8
shall adhere to any format as the Director of Insurance may
9
prescribe.
10

(b) For the report due on or before March 1, 2027, if a
11
health insurance issuer has an active certificate of authority
12
from the Director of Insurance on the reporting deadline, and
13
if the issuer has offered a qualified health plan in this State
14
through the Illinois Health Benefits Exchange at any time
15
since plan year 2014, regardless of whether it was a
16
Federally-facilitated Exchange, a State-based Exchange on the
17
Federal platform, or a State-based Exchange, the issuer shall
18
submit the report required under this Section for all
19
qualified health plans offered through this Exchange. With
20
respect to the separate allocation account described in
21
subsection (a), the health insurance issuer shall report as
22
prescribed by the Director of Insurance the balances and
23
transactions during the periods:
24

(1) January 1, 2014 through December 31, 2023;
25

(2) January 1, 2024 through December 31, 2024;
26

(3) January 1, 2025 through December 31, 2025;

HB5408 Engrossed
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LRB104 20688 BAB 34187 b
1

(4) January 1, 2026 through December 31, 2026; and
2

(5) between December 31, 2026 and the date the report
3

is submitted, but only with respect to transfers from the
4

separate allocation account described in subsection (a) to
5

other accounts maintained by, on behalf of, or for the
6

benefit of the health insurance issuer.
7

(c) For annual reports due on or before March 1, 2028 and
8
on or before March 1 of each year thereafter, if a health
9
insurance issuer has an active certificate of authority from
10
the Director of Insurance on the reporting deadline, and if
11
the issuer offered a qualified health plan through the
12
Illinois Health Benefits Exchange during the preceding
13
calendar year, the issuer shall submit the report required
14
under this Section for that calendar year for all qualified
15
health plans offered through this Exchange. For the period
16
between the end of the calendar year and the date the report is
17
submitted, the report shall also include any transfers from
18
the separate allocation account described in subsection (a) to
19
other accounts maintained by, on behalf of, or for the benefit
20
of the health insurance issuer.
21

(d) While 42 U.S.C. 1303(B)(2)(B)(i)(II) remains in
22
effect, any premium funds collected by a health insurance
23
issuer under that provision shall be used only to pay for
24
abortions for which federal funding is prohibited, including
25
through the remittances under subsection (e).
26

(e) If after the 12-month period following the end of a

HB5408 Engrossed
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LRB104 20688 BAB 34187 b
1
plan year the amount of premiums collected during the plan
2
year for abortions for which federal funding is prohibited
3
exceeds total claims paid for such services rendered during
4
the plan year, the Director of Insurance shall order the
5
health insurance issuer to remit funds, and the issuer shall
6
complete the remittance to the Department of Insurance as
7
follows:
8

(1) on or before September 1, 2027, 90% of the amount
9

of the excess for each of the plan years 2014 through 2025,
10

plus interest accrued on the excess; and
11

(2) on or before September 1, 2028, and on or before
12

September 1 of each year thereafter, 90% of the excess for
13

the second preceding plan year, plus interest accrued on
14

the excess.
15

Notwithstanding any other provision of this subsection, on
16
or before September 1, 2027 and on or before September 1 of
17
each year thereafter, the health insurance issuer shall remit
18
to the Department of Insurance all funds the health insurance
19
issuer previously transferred from the separate allocation
20
account described in subsection (a) to other accounts
21
maintained by, on behalf of, or for the benefit of the health
22
insurance issuer. Amounts transferred to other accounts
23
maintained by, on behalf of, or for the benefit of the health
24
insurance issuer shall count toward the excess in paragraph
25
(1) or (2) of this subsection for the plan year for which the
26
report attributed the transfer under subsection (a).

HB5408 Engrossed
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LRB104 20688 BAB 34187 b
1

(f) All moneys remitted to the Department of Insurance
2
under this Section shall be deposited into the Abortion Access
3
Fund.

4

Section 99.
Effective date.
This Act takes effect upon
5
becoming law.

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