On December 20, 2022, the Illinois Department of Insurance amended the Code to clarify the coverage of infertility benefits for policies amended, delivered, issued or renewed in Illinois. This guidance clarifies that if there is a difference in required infertility benefits under Section 356m of the Code and the applicable Illinois Essential Health Benefits (EHB) Benchmark Plan, whichever source requires the most robust coverage will determine the minimum benefit standard required for that policy.
Additionally, this amendment updates definitions under Section 356m of the Code to further define a gestational surrogate and to clarify the applicability of the Code without regard to any person’s actual or perceived gender identity.
Employers sponsoring health plans issued in Illinois should be aware of these developments and contact their carrier for further information.
The 2023 Illinois Register containing this amendment can be found below. Specifically, Section 2015.20 applies to the clarification of infertility benefits and Section 2015.30 for the updated definition of gestational surrogate and application of the Code to gender identity.
Illinois Register Volume 47 »
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