Ill. Admin. Code tit. 50, § 4521.111
Cancellation
Effective Mar 2, 200630 Ill. Reg. 4732AUTHORITY: Implementing and authorized by Sections 1-2, 2-1, 2-8, 2-9, 3-1, 4-6.1, 4-7, 4-12, 4-13, 4-17, 4.5-1, 5-2 and 5-7 of the Health Maintenance Organization Act [215 ILCS 125]; 42 U.S.C. 300gg-22; and 45 CFR 150.101(b)(2) and 150.201.DEPARTMENT OF INSURANCE
a) No HMO shall cancel a group or individual contract or evidence of coverage except for one or more of the following reasons:
- 1) Failure of the enrollee to pay the amount due under the contract or evidence of coverage, for which the enrollee is legally responsible;
- 2) Fraud or material misrepresentation in enrollment or in the use of services or facilities;
- 3) Material violation of the terms of the contract or evidence of coverage;
- 4) Failure of the enrollee and the primary care physician to establish a satisfactory patient-physician relationship if the enrollee has repeatedly refused to follow the plan of treatment ordered by the physician; it is shown that the HMO has in good faith provided the enrollee with the opportunity to select an alternative primary care physician; and the enrollee has been notified in writing at least 31 days in advance that the HMO considers such patient-physician relationship to be unsatisfactory;
- 5) Under the Basic Outpatient Preventive and Primary Care Services for Children Program, failure to meet or continue to meet eligibility requirements as required by Section 4521.131 of this Part; or
- 6) Other good cause agreed upon in the contract and approved by the Director pursuant to Section 4-13 of the Act.
b) A group contract, evidence of coverage or individual contract may not be cancelled for any of the following reasons:
- 1) The status of the enrollee's health;
- 2) The enrollee has exercised his or her rights under the HMO's grievance system.
(Source: Amended at 30 Ill. Reg. 4732, effective March 2, 2006)