(215 ILCS 130/4006) (from Ch. 73, par. 1504-6)
Sec. 4006. Supervision of rehabilitation, liquidation or conservation
by the Director. (a) For purposes of the rehabilitation, liquidation or
conservation of a limited health service organization, the operation of a
limited health service organization in this State constitutes a form of
insurance protection which should be governed by the same provisions
governing the rehabilitation, liquidation or conservation of insurance
companies. Any rehabilitation, liquidation or conservation of a limited
health service organization shall be based upon the grounds set forth in
and subject to the provisions of the laws of this State regarding the
rehabilitation, liquidation or conservation of an insurance company and
shall be conducted under the supervision of the Director. Insolvency, as a
ground for rehabilitation, liquidation or conservation of a limited health
service organization, shall be recognized when a limited health service
organization cannot be expected to satisfy its financial
obligations when such obligations are to become due or when the limited
health service organization has neglected to correct, within the time
prescribed by subsection (c) of Section 2004, a deficiency occurring due to
such organization's prescribed minimum net worth being impaired. For
purpose of determining the priority of distribution of general assets,
claims of enrollees and enrollees' beneficiaries shall have the same
priority as established by Section 205 of the Illinois Insurance Code, for policyholders and beneficiaries of insureds
of insurance companies. If an enrollee is liable to any provider for
services provided pursuant to and covered by the limited health care plan,
that liability shall have the status of an enrollee claim for distribution
of general assets.
Any provider who is obligated by statute or agreement to hold enrollees
harmless from liability for services provided pursuant to and covered by a
limited health care plan shall have a priority of distribution of the
general assets immediately following that of enrollees and enrollees'
beneficiaries as described herein, and immediately preceding the priority
of distribution described in paragraph (e) of subsection (1) of Section
205 of the Illinois Insurance
Code.
(b) For purposes of Articles XIII and XIII 1/2 of the Illinois Insurance
Code, organizations in the following
categories shall be deemed to be a domestic company and a domiciliary company:
(1) a corporation organized under the laws of this State; or
(2) a corporation organized under the laws of another state, 20% or more of the |