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Full Text of SB4011
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SB4011 - 104th General Assembly
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Introduced
Senate Amendment 001
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Introduced
Senate Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB4011
Introduced 2/6/2026, by Sen. Mary Edly-Allen
SYNOPSIS AS INTRODUCED:
30 ILCS 105/5.1038 new
20 ILCS 2310/2310-426 new
215 ILCS 122/5-35 new
Amends the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois. Requires the Department of Public
Health to establish the Abortion Access Fund Grant Program to award grants
from the Abortion Access Fund to support access to abortion care services
throughout the State. Provides that grants awarded under the Program shall
only be used to fund abortion services for which the use of federal funds
is prohibited for patients who are uninsured or underinsured with respect
to those services. Allows the Department to establish rules necessary to
implement the Abortion Access Fund Grant Program, including eligibility
criteria, grant limits, application standards, requirements for the
distribution and obligation of grant funds, accounting for the use of the
funds, and standards for monitoring compliance with the requirements of
the Program. Amends the State Finance Act to create the Abortion Access
Fund as a special fund in the State treasury. Amends the Illinois Health
Benefits Exchange Law. Requires specified health insurance issuers that
have offered one or more qualified health plans through the Illinois
Health Benefits Exchange to report to the Department of Insurance an
accounting of receipts, disbursements, transfers of funds between
accounts, total dollar claims paid, accrued interest, and the year-end
balance for each reporting year for the separate allocation accounts that
the issuer has established under specified provisions of federal law for
abortion services for which federal funding is prohibited. Establishes
further reporting requirements for health insurance issuers. Provides
that, if the amount of premiums collected during the plan year for abortion
services for which federal funding is prohibited exceeds total claims paid
for such services rendered during the plan year, the Director of Insurance
shall order the health insurance issuer to transfer funds, and the issuer
shall complete the transfer, to the Abortion Access Fund. Makes other
changes. Effective immediately.
LRB104 20760 JDS 34264 b
A BILL FOR
SB4011
LRB104 20760 JDS 34264 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. The Program shall use moneys in the Fund to
19
award grants to support access to abortion care services
20
throughout the State. Grants awarded under the Program shall
21
only be used to fund abortion services for which the use of
SB4011
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LRB104 20760 JDS 34264 b
1
federal funds is prohibited for patients who are uninsured or
2
underinsured with respect to those services.
3
(c) The Department may establish rules necessary to
4
implement the Abortion Access Fund Grant Program, including
5
eligibility criteria, grant limits, application standards,
6
requirements for the distribution and obligation of grant
7
funds, accounting for the use of the funds, and standards for
8
monitoring compliance with the requirements of the Program.
9
(d) The Department may not release, publish, or otherwise
10
disclose any identifying information for:
11
(1) the staff of an eligible organization that applies
12
for or receives a grant or reimbursement from grant
13
funding under the Program; or
14
(2) an individual health care practitioner or staff
15
who provides abortion care clinical services for an
16
eligible organization that receives a grant or
17
reimbursement from grant funding under the Program.
18
(e) The Abortion Access Fund is created as a special fund
19
in the State treasury. The Fund shall consist of moneys
20
transferred to the Fund under Section 5-35 of the Illinois
21
Health Benefits Exchange Law.
22
Section 15.
The Illinois Health Benefits Exchange Law is
23
amended by adding Section 5-35 as follows:
24
(215 ILCS 122/5-35 new)
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LRB104 20760 JDS 34264 b
1
Sec. 5-35.
Separate allocation account reports and
2
transfers.
3
(a) Beginning on or before March 1, 2027, and on or before
4
March 1 of each year thereafter, a health insurance issuer
5
described in subsection (b) or (c) that has offered one or more
6
qualified health plans through the Illinois Health Benefits
7
Exchange shall report to the Department of Insurance an
8
accounting of receipts, disbursements, transfers of funds
9
between accounts, total dollar claims paid, accrued interest,
10
and the year-end balance for each reporting year for the
11
separate allocation accounts that the issuer has established
12
under 42 U.S.C. 18023(b)(2)(B) and 42 U.S.C. 18023(b)(2)(C)
13
for abortion services for which federal funding is prohibited.
14
If funds have been transferred from a separate allocation
15
account described in this subsection to any other account
16
maintained by, on behalf of, or for the benefit of the health
17
insurance issuer, the annual report shall attribute the amount
18
of or amounts within the transfer to premiums collected by
19
plan year under 42 U.S.C. 1303(B)(2)(B)(i)(II), except that
20
the attribution shall not result in premiums collected being
21
less than claims paid for services rendered during the plan
22
year. The annual reports shall include any related
23
documentation and shall adhere to any format as the Director
24
of Insurance may prescribe.
25
(b) For the report due on or before March 1, 2027, if a
26
health insurance issuer has an active certificate of authority
SB4011
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LRB104 20760 JDS 34264 b
1
from the Director of Insurance on the reporting deadline, and
2
if the issuer has ever offered a qualified health plan in this
3
State through the Illinois Health Benefits Exchange at any
4
time since plan year 2014, regardless of whether it was a
5
Federally-facilitated Exchange, a State-based Exchange on the
6
Federal platform, or a State-based Exchange, the issuer shall
7
submit the report required under this Section for all
8
qualified health plans offered through this Exchange. With
9
respect to the separate allocation account described in
10
subsection (a), the health insurance issuer shall report as
11
prescribed by the Director of Insurance the balances and
12
transactions during the periods:
13
(1) January 1, 2014 through December 31, 2023;
14
(2) January 1, 2024 through December 31, 2024;
15
(3) January 1, 2025 through December 31, 2025;
16
(4) January 1, 2026 through December 31, 2026; and
17
(5) between December 31, 2026 and the date the report
18
is submitted, but only with respect to transfers from the
19
separate allocation account described in subsection (a) to
20
other accounts maintained by, on behalf of, or for the
21
benefit of the health insurance issuer.
22
(c) For annual reports due on or before March 1, 2028 and
23
on or before March 1 of each year thereafter, if a health
24
insurance issuer has an active certificate of authority from
25
the Director of Insurance on the reporting deadline, and if
26
the issuer offered a qualified health plan through the
SB4011
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LRB104 20760 JDS 34264 b
1
Illinois Health Benefits Exchange during the preceding
2
calendar year, the issuer shall submit the report required
3
under this Section for that calendar year for all qualified
4
health plans offered through this Exchange. For the period
5
between the end of the calendar year and the date the report is
6
submitted, the report shall also include any transfers from
7
the separate allocation account described in subsection (a) to
8
other accounts maintained by, on behalf of, or for the benefit
9
of the health insurance issuer.
10
(d) While 42 U.S.C. 1303(B)(2)(B)(i)(II) remains in
11
effect, any premium funds collected by a health insurance
12
issuer under that provision shall be used only to pay for
13
abortion services for which federal funding is prohibited,
14
including through the transfers under subsection (e).
15
(e) If after the 12-month period following the end of a
16
plan year the amount of premiums collected during the plan
17
year for abortion services for which federal funding is
18
prohibited exceeds total claims paid for such services
19
rendered during the plan year, the Director of Insurance shall
20
order the health insurance issuer to transfer funds, and the
21
issuer shall complete the transfer, to the Abortion Access
22
Fund as follows:
23
(1) On or before September 1, 2027, 90% of the amount
24
of the excess for each of the plan years 2014 through 2025,
25
plus interest accrued on the excess; and
26
(2) On or before September 1, 2028, and on or before
SB4011
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LRB104 20760 JDS 34264 b
1
September 1 of each year thereafter, 90% of the excess for
2
the second preceding plan year, plus interest accrued on
3
the excess.
4
Notwithstanding any other provision of this
5
subsection, on or before September 1, 2027 and on or
6
before September 1 of each year thereafter, the health
7
insurance issuer shall transfer to the Abortion Access
8
Fund all amounts the health insurance issuer previously
9
transferred from the separate allocation account described
10
in subsection (a) to other accounts maintained by, on
11
behalf of, or for the benefit of the health insurance
12
issuer. Amounts transferred to other accounts maintained
13
by, on behalf of, or for the benefit of the health
14
insurance issuer shall count toward the excess in
15
paragraph (1) or (2) of this subsection for the plan year
16
for which the report attributed the transfer under
17
subsection (a).
18
Section 99.
Effective date.
This Act takes effect upon
19
becoming law.
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