PA 102-630 requires an employer that provides group health insurance coverage to its employees, upon hire, annually thereafter, and upon request from an employee, provide all employees eligible for the coverage a written list of the covered benefits included in the group health insurance coverage in a format that easily compares those covered benefits with the essential health insurance benefits required of individual health insurance coverage regulated by the State of Illinois.
One of the key issues is whether the law applies to ERISA plans. Earlier this year, the Employment Law Council and Healthcare Council held a member call to discuss the law’s impact on ERISA plans. Attorneys participating on the call took the position that the Illinois law would be pre-empted by federal law. However, under its frequently asked questions, the IDOL has taken the position that the law applies to ERISA plans. See below:
“Does this requirement apply to ERISA or self-funded plans?
A: Because the Consumer Coverage Disclosure Act creates a benefits notification requirement for all Illinois employers, regardless of the type of insurance they provide, and does not mandate insurance provisions or otherwise have any direct impact on employer-provided group health insurance coverage, employers who provide self-insured plans and/or ERISA plans are subject to the provisions of the Act.”
Also be sure to attend the “New Laws Forum” on December 1
st as we will be discussing this law and several others that Illinois employers need to be ready to comply with. For more information & registration go to:
https://ilchamber.org/newlawsforum
