HB 5389

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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,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by changing
5Section 5-1069.3 as follows:
6    (55 ILCS 5/5-1069.3)
7    Sec. 5-1069.3. Required health benefits. If a county,
8including a home rule county, is a self-insurer for purposes
9of providing health insurance coverage for its employees, the
10coverage shall include coverage for the post-mastectomy care
11benefits required to be covered by a policy of accident and
12health insurance under Section 356t and the coverage required
13under Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u,
14356u.10, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9,
15356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22,
16356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 356z.33, 356z.36,
17356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51,
18356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61,
19356z.62, 356z.64, 356z.67, 356z.68, [and] 356z.70, [and] 356z.71, 
20356z.74, 356z.77, 356z.80, and 356z.88 of the Illinois
21Insurance Code. The coverage shall comply with Sections
22155.22a, 355b, 356z.19, and 370c of the Illinois Insurance
23Code. The Department of Insurance shall enforce the
		HB5389	- 2 -	LRB104 15434 BAB 28589 b
1requirements of this Section. The requirement that health
2benefits be covered as provided in this Section is an
3exclusive power and function of the State and is a denial and
4limitation under Article VII, Section 6, subsection (h) of the
5Illinois Constitution. A home rule county to which this
6Section applies must comply with every provision of this
7Section.
8    Rulemaking authority to implement Public Act 95-1045, if
9any, is conditioned on the rules being adopted in accordance
10with all provisions of the Illinois Administrative Procedure
11Act and all rules and procedures of the Joint Committee on
12Administrative Rules; any purported rule not so adopted, for
13whatever reason, is unauthorized.
14(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
15102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
161-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731,
17eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
18102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
191-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
20eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
21103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-605, eff.
227-1-24; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-914,
23eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25;
24revised 11-26-24.)
25    Section 10. The Township Code is amended by changing
		HB5389	- 3 -	LRB104 15434 BAB 28589 b
1Section 100-15 as follows:
2    (60 ILCS 1/100-15)
3    Sec. 100-15. Group insurance. In addition to any powers
4that it may exercise under the Government Salary Withholding
5Act, the township board may provide, for the benefit of the
6township's employees, officials, or retired officials and
7their dependents, group life, health, accident, hospital, or
8dental insurance or any combination of those types of
9insurance. The insurance may include provision for employees,
10officials, retired officials, and their dependents who rely on
11treatment by prayer or spiritual means alone for healing in
12accordance with the tenets and practice of a well recognized
13religious denomination. The township board may provide for
14payment by the township of all or a portion of the premium or
15charge for the insurance for covered persons, except that the
16township may not pay all or a portion of the premium or charge
17for the insurance for retired officials and their dependents.
18If the township board undertakes a plan under which the
19township does not pay the entire amount of premiums or charges
20for the insurance, the board may provide for withholding and
21deducting from the compensation of its employees or officers
22amounts required to pay the balance of the premiums or
23charges. If the township board provides accident and health 
24insurance coverage under this Section, then the coverage shall 
25comply with the requirements of Section 356z.88 of the 
		HB5389	- 4 -	LRB104 15434 BAB 28589 b
1Illinois Insurance Code.
2(Source: P.A. 88-62; 89-326, eff. 1-1-96.)
3    Section 15. The Illinois Municipal Code is amended by
4changing 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
7municipality, including a home rule municipality, is a
8self-insurer for purposes of providing health insurance
9coverage for its employees, the coverage shall include
10coverage for the post-mastectomy care benefits required to be
11covered by a policy of accident and health insurance under
12Section 356t and the coverage required under Sections 356g,
13356g.5, 356g.5-1, 356m, 356q, 356u, 356u.10, 356w, 356x,
14356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
15356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,
16356z.29, 356z.30, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,
17356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54,
18356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64,
19356z.67, 356z.68, [and] 356z.70, [and] 356z.71, 356z.74, 356z.77, 
20356z.80, and 356z.88 of the Illinois Insurance Code. The
21coverage shall comply with Sections 155.22a, 355b, 356z.19,
22and 370c of the Illinois Insurance Code. The Department of
23Insurance shall enforce the requirements of this Section. The
24requirement that health benefits be covered as provided in
		HB5389	- 5 -	LRB104 15434 BAB 28589 b
1this is an exclusive power and function of the State and is a
2denial and limitation under Article VII, Section 6, subsection
3(h) of the Illinois Constitution. A home rule municipality to
4which this Section applies must comply with every provision of
5this Section.
6    Rulemaking authority to implement Public Act 95-1045, if
7any, is conditioned on the rules being adopted in accordance
8with all provisions of the Illinois Administrative Procedure
9Act and all rules and procedures of the Joint Committee on
10Administrative Rules; any purported rule not so adopted, for
11whatever reason, is unauthorized.
12(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
13102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
141-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731,
15eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
16102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
171-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
18eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
19103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-605, eff.
207-1-24; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-914,
21eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25;
22revised 11-26-24.)
23    Section 20. The Illinois Insurance Code is amended by
24adding 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 
3firefighters. No policy of accident and health insurance shall 
4be issued, amended, delivered, or renewed in this State on or 
5after January 1, 2027 unless the policy provides coverage for 
6annual lung cancer screenings for any beneficiary currently 
7employed as an active firefighter or any person eligible for 
8or currently receiving a retirement annuity, retirement 
9pension, disability pension, or disability benefit pursuant to 
10Article 4 or Article 6 of the Illinois Pension Code. This 
11coverage shall be provided without cost sharing.
12    Section 25. The Illinois Public Aid Code is amended by
13changing Section 5-16.8 as follows:
14    (305 ILCS 5/5-16.8)
15    Sec. 5-16.8. Required health benefits. The medical
16assistance program shall (i) provide the post-mastectomy care
17benefits required to be covered by a policy of accident and
18health insurance under Section 356t and the coverage required
19under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6,
20356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46,
21356z.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
23Illinois Insurance Code, (ii) be subject to the provisions of
24Sections 356z.19, 356z.44, 356z.49, 364.01, 370c, and 370c.1
		HB5389	- 7 -	LRB104 15434 BAB 28589 b
1of the Illinois Insurance Code, and (iii) be subject to the
2provisions of subsection (d-5) of Section 10 of the Network
3Adequacy and Transparency Act.
4    The Department, by rule, shall adopt a model similar to
5the requirements of Section 356z.39 of the Illinois Insurance
6Code.
7    On and after July 1, 2012, the Department shall reduce any
8rate of reimbursement for services or other payments or alter
9any methodologies authorized by this Code to reduce any rate
10of reimbursement for services or other payments in accordance
11with Section 5-5e.
12    To ensure full access to the benefits set forth in this
13Section, on and after January 1, 2016, the Department shall
14ensure that provider and hospital reimbursement for
15post-mastectomy care benefits required under this Section are
16no lower than the Medicare reimbursement rate.
17(Source: P.A. 102-30, eff. 1-1-22; 102-144, eff. 1-1-22;
18102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-530, eff.
191-1-22; 102-642, eff. 1-1-22; 102-804, eff. 1-1-23; 102-813,
20eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093, eff. 1-1-23;
21102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.
221-1-24; 103-420, eff. 1-1-24; 103-605, eff. 7-1-24; 103-703,
23eff. 1-1-25; 103-758, eff. 1-1-25; 103-1024, eff. 1-1-25;
24revised 11-26-24.)