| |||||||
| |||||||
| |||||||
1 | AN ACT concerning regulation.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Department of Insurance Law is amended by | ||||||
5 | adding Section 1405-50 as follows: | ||||||
6 | (20 ILCS 1405/1405-50 new) | ||||||
7 | Sec. 1405-50. Marketplace Director of the Illinois Health | ||||||
8 | Benefits Exchange. The Governor shall appoint a person within | ||||||
9 | the Department of Insurance to serve as the Marketplace | ||||||
10 | Director of the Illinois Health Benefits Exchange. This person | ||||||
11 | may be an existing employee with other duties. The Marketplace | ||||||
12 | Director shall receive an annual salary as set by the Governor | ||||||
13 | and shall be paid out of the appropriations to the Department. | ||||||
14 | The Marketplace Director shall not be subject to the Personnel | ||||||
15 | Code. The Marketplace Director, under the direction of the | ||||||
16 | Director, shall manage the operations and staff of the | ||||||
17 | Illinois Health Benefits Exchange to ensure optimal exchange | ||||||
18 | performance. | ||||||
19 | Section 10. The State Finance Act is amended by adding | ||||||
20 | Section 5.990 as follows: | ||||||
21 | (30 ILCS 105/5.990 new) |
| |||||||
| |||||||
1 | Sec. 5.990. The Illinois Health Benefits Exchange Fund. | ||||||
2 | Section 15. The Illinois Procurement Code is amended by | ||||||
3 | changing Section 1-10 as follows:
| ||||||
4 | (30 ILCS 500/1-10)
| ||||||
5 | Sec. 1-10. Application.
| ||||||
6 | (a) This Code applies only to procurements for which | ||||||
7 | bidders, offerors, potential contractors, or contractors were | ||||||
8 | first
solicited on or after July 1, 1998. This Code shall not | ||||||
9 | be construed to affect
or impair any contract, or any | ||||||
10 | provision of a contract, entered into based on a
solicitation | ||||||
11 | prior to the implementation date of this Code as described in
| ||||||
12 | Article 99, including, but not limited to, any covenant | ||||||
13 | entered into with respect
to any revenue bonds or similar | ||||||
14 | instruments.
All procurements for which contracts are | ||||||
15 | solicited between the effective date
of Articles 50 and 99 and | ||||||
16 | July 1, 1998 shall be substantially in accordance
with this | ||||||
17 | Code and its intent.
| ||||||
18 | (b) This Code shall apply regardless of the source of the | ||||||
19 | funds with which
the contracts are paid, including federal | ||||||
20 | assistance moneys. This
Code shall
not apply to:
| ||||||
21 | (1) Contracts between the State and its political | ||||||
22 | subdivisions or other
governments, or between State | ||||||
23 | governmental bodies, except as specifically provided in | ||||||
24 | this Code.
|
| |||||||
| |||||||
1 | (2) Grants, except for the filing requirements of | ||||||
2 | Section 20-80.
| ||||||
3 | (3) Purchase of care, except as provided in Section | ||||||
4 | 5-30.6 of the Illinois Public Aid
Code and this Section.
| ||||||
5 | (4) Hiring of an individual as an employee and not as | ||||||
6 | an independent
contractor, whether pursuant to an | ||||||
7 | employment code or policy or by contract
directly with | ||||||
8 | that individual.
| ||||||
9 | (5) Collective bargaining contracts.
| ||||||
10 | (6) Purchase of real estate, except that notice of | ||||||
11 | this type of contract with a value of more than $25,000 | ||||||
12 | must be published in the Procurement Bulletin within 10 | ||||||
13 | calendar days after the deed is recorded in the county of | ||||||
14 | jurisdiction. The notice shall identify the real estate | ||||||
15 | purchased, the names of all parties to the contract, the | ||||||
16 | value of the contract, and the effective date of the | ||||||
17 | contract.
| ||||||
18 | (7) Contracts necessary to prepare for anticipated | ||||||
19 | litigation, enforcement
actions, or investigations, | ||||||
20 | provided
that the chief legal counsel to the Governor | ||||||
21 | shall give his or her prior
approval when the procuring | ||||||
22 | agency is one subject to the jurisdiction of the
Governor, | ||||||
23 | and provided that the chief legal counsel of any other | ||||||
24 | procuring
entity
subject to this Code shall give his or | ||||||
25 | her prior approval when the procuring
entity is not one | ||||||
26 | subject to the jurisdiction of the Governor.
|
| |||||||
| |||||||
1 | (8) (Blank).
| ||||||
2 | (9) Procurement expenditures by the Illinois | ||||||
3 | Conservation Foundation
when only private funds are used.
| ||||||
4 | (10) (Blank). | ||||||
5 | (11) Public-private agreements entered into according | ||||||
6 | to the procurement requirements of Section 20 of the | ||||||
7 | Public-Private Partnerships for Transportation Act and | ||||||
8 | design-build agreements entered into according to the | ||||||
9 | procurement requirements of Section 25 of the | ||||||
10 | Public-Private Partnerships for Transportation Act. | ||||||
11 | (12) (A) Contracts for legal, financial, and other | ||||||
12 | professional and artistic services entered into by the | ||||||
13 | Illinois Finance Authority in which the State of Illinois | ||||||
14 | is not obligated. Such contracts shall be awarded through | ||||||
15 | a competitive process authorized by the members of the | ||||||
16 | Illinois Finance Authority and are subject to Sections | ||||||
17 | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | ||||||
18 | as well as the final approval by the members of the | ||||||
19 | Illinois Finance Authority of the terms of the contract. | ||||||
20 | (B) Contracts for legal and financial services entered | ||||||
21 | into by the Illinois Housing Development Authority in | ||||||
22 | connection with the issuance of bonds in which the State | ||||||
23 | of Illinois is not obligated. Such contracts shall be | ||||||
24 | awarded through a competitive process authorized by the | ||||||
25 | members of the Illinois Housing Development Authority and | ||||||
26 | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, |
| |||||||
| |||||||
1 | and 50-37 of this Code, as well as the final approval by | ||||||
2 | the members of the Illinois Housing Development Authority | ||||||
3 | of the terms of the contract. | ||||||
4 | (13) Contracts for services, commodities, and | ||||||
5 | equipment to support the delivery of timely forensic | ||||||
6 | science services in consultation with and subject to the | ||||||
7 | approval of the Chief Procurement Officer as provided in | ||||||
8 | subsection (d) of Section 5-4-3a of the Unified Code of | ||||||
9 | Corrections, except for the requirements of Sections | ||||||
10 | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||||||
11 | Code; however, the Chief Procurement Officer may, in | ||||||
12 | writing with justification, waive any certification | ||||||
13 | required under Article 50 of this Code. For any contracts | ||||||
14 | for services which are currently provided by members of a | ||||||
15 | collective bargaining agreement, the applicable terms of | ||||||
16 | the collective bargaining agreement concerning | ||||||
17 | subcontracting shall be followed. | ||||||
18 | On and after January 1, 2019, this paragraph (13), | ||||||
19 | except for this sentence, is inoperative. | ||||||
20 | (14) Contracts for participation expenditures required | ||||||
21 | by a domestic or international trade show or exhibition of | ||||||
22 | an exhibitor, member, or sponsor. | ||||||
23 | (15) Contracts with a railroad or utility that | ||||||
24 | requires the State to reimburse the railroad or utilities | ||||||
25 | for the relocation of utilities for construction or other | ||||||
26 | public purpose. Contracts included within this paragraph |
| |||||||
| |||||||
1 | (15) shall include, but not be limited to, those | ||||||
2 | associated with: relocations, crossings, installations, | ||||||
3 | and maintenance. For the purposes of this paragraph (15), | ||||||
4 | "railroad" means any form of non-highway ground | ||||||
5 | transportation that runs on rails or electromagnetic | ||||||
6 | guideways and "utility" means: (1) public utilities as | ||||||
7 | defined in Section 3-105 of the Public Utilities Act, (2) | ||||||
8 | telecommunications carriers as defined in Section 13-202 | ||||||
9 | of the Public Utilities Act, (3) electric cooperatives as | ||||||
10 | defined in Section 3.4 of the Electric Supplier Act, (4) | ||||||
11 | telephone or telecommunications cooperatives as defined in | ||||||
12 | Section 13-212 of the Public Utilities Act, (5) rural | ||||||
13 | water or waste water systems with 10,000 connections or | ||||||
14 | less, (6) a holder as defined in Section 21-201 of the | ||||||
15 | Public Utilities Act, and (7) municipalities owning or | ||||||
16 | operating utility systems consisting of public utilities | ||||||
17 | as that term is defined in Section 11-117-2 of the | ||||||
18 | Illinois Municipal Code. | ||||||
19 | (16) Procurement expenditures necessary for the | ||||||
20 | Department of Public Health to provide the delivery of | ||||||
21 | timely newborn screening services in accordance with the | ||||||
22 | Newborn Metabolic Screening Act. | ||||||
23 | (17) Procurement expenditures necessary for the | ||||||
24 | Department of Agriculture, the Department of Financial and | ||||||
25 | Professional Regulation, the Department of Human Services, | ||||||
26 | and the Department of Public Health to implement the |
| |||||||
| |||||||
1 | Compassionate Use of Medical Cannabis Program and Opioid | ||||||
2 | Alternative Pilot Program requirements and ensure access | ||||||
3 | to medical cannabis for patients with debilitating medical | ||||||
4 | conditions in accordance with the Compassionate Use of | ||||||
5 | Medical Cannabis Program Act. | ||||||
6 | (18) This Code does not apply to any procurements | ||||||
7 | necessary for the Department of Agriculture, the | ||||||
8 | Department of Financial and Professional Regulation, the | ||||||
9 | Department of Human Services, the Department of Commerce | ||||||
10 | and Economic Opportunity, and the Department of Public | ||||||
11 | Health to implement the Cannabis Regulation and Tax Act if | ||||||
12 | the applicable agency has made a good faith determination | ||||||
13 | that it is necessary and appropriate for the expenditure | ||||||
14 | to fall within this exemption and if the process is | ||||||
15 | conducted in a manner substantially in accordance with the | ||||||
16 | requirements of Sections 20-160, 25-60, 30-22, 50-5, | ||||||
17 | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | ||||||
18 | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | ||||||
19 | Section 50-35, compliance applies only to contracts or | ||||||
20 | subcontracts over $100,000. Notice of each contract | ||||||
21 | entered into under this paragraph (18) that is related to | ||||||
22 | the procurement of goods and services identified in | ||||||
23 | paragraph (1) through (9) of this subsection shall be | ||||||
24 | published in the Procurement Bulletin within 14 calendar | ||||||
25 | days after contract execution. The Chief Procurement | ||||||
26 | Officer shall prescribe the form and content of the |
| |||||||
| |||||||
1 | notice. Each agency shall provide the Chief Procurement | ||||||
2 | Officer, on a monthly basis, in the form and content | ||||||
3 | prescribed by the Chief Procurement Officer, a report of | ||||||
4 | contracts that are related to the procurement of goods and | ||||||
5 | services identified in this subsection. At a minimum, this | ||||||
6 | report shall include the name of the contractor, a | ||||||
7 | description of the supply or service provided, the total | ||||||
8 | amount of the contract, the term of the contract, and the | ||||||
9 | exception to this Code utilized. A copy of any or all of | ||||||
10 | these contracts shall be made available to the Chief | ||||||
11 | Procurement Officer immediately upon request. The Chief | ||||||
12 | Procurement Officer shall submit a report to the Governor | ||||||
13 | and General Assembly no later than November 1 of each year | ||||||
14 | that includes, at a minimum, an annual summary of the | ||||||
15 | monthly information reported to the Chief Procurement | ||||||
16 | Officer. This exemption becomes inoperative 5 years after | ||||||
17 | June 25, 2019 (the effective date of Public Act 101-27). | ||||||
18 | (19) Acquisition of modifications or adjustments, | ||||||
19 | limited to assistive technology devices and assistive | ||||||
20 | technology services, adaptive equipment, repairs, and | ||||||
21 | replacement parts to provide reasonable accommodations (i) | ||||||
22 | that enable a qualified applicant with a disability to | ||||||
23 | complete the job application process and be considered for | ||||||
24 | the position such qualified applicant desires, (ii) that | ||||||
25 | modify or adjust the work environment to enable a | ||||||
26 | qualified current employee with a disability to perform |
| |||||||
| |||||||
1 | the essential functions of the position held by that | ||||||
2 | employee, (iii) to enable a qualified current employee | ||||||
3 | with a disability to enjoy equal benefits and privileges | ||||||
4 | of employment as are enjoyed by other similarly situated | ||||||
5 | employees without disabilities, and (iv) that allow a | ||||||
6 | customer, client, claimant, or member of the public | ||||||
7 | seeking State services full use and enjoyment of and | ||||||
8 | access to its programs, services, or benefits. | ||||||
9 | For purposes of this paragraph (19): | ||||||
10 | "Assistive technology devices" means any item, piece | ||||||
11 | of equipment, or product system, whether acquired | ||||||
12 | commercially off the shelf, modified, or customized, that | ||||||
13 | is used to increase, maintain, or improve functional | ||||||
14 | capabilities of individuals with disabilities. | ||||||
15 | "Assistive technology services" means any service that | ||||||
16 | directly assists an individual with a disability in | ||||||
17 | selection, acquisition, or use of an assistive technology | ||||||
18 | device. | ||||||
19 | "Qualified" has the same meaning and use as provided | ||||||
20 | under the federal Americans with Disabilities Act when | ||||||
21 | describing an individual with a disability. | ||||||
22 | (20) Procurement expenditures necessary for the
| ||||||
23 | Illinois Commerce Commission to hire third-party
| ||||||
24 | facilitators pursuant to Sections 16-105.17 and
16-108.18 | ||||||
25 | of the Public Utilities Act or an ombudsman pursuant to | ||||||
26 | Section 16-107.5 of the Public Utilities Act, a |
| |||||||
| |||||||
1 | facilitator pursuant to Section 16-105.17 of the Public | ||||||
2 | Utilities Act, or a grid auditor pursuant to Section | ||||||
3 | 16-105.10 of the Public Utilities Act. | ||||||
4 | (21) Procurement expenditures for the purchase, | ||||||
5 | renewal, and expansion of software, software licenses, or | ||||||
6 | software maintenance agreements that support the efforts | ||||||
7 | of the Illinois State Police to enforce, regulate, and | ||||||
8 | administer the Firearm Owners Identification Card Act, the | ||||||
9 | Firearm Concealed Carry Act, the Firearms Restraining | ||||||
10 | Order Act, the Firearm Dealer License Certification Act, | ||||||
11 | the Law Enforcement Agencies Data System (LEADS), the | ||||||
12 | Uniform Crime Reporting Act, the Criminal Identification | ||||||
13 | Act, the Uniform Conviction Information Act, and the Gun | ||||||
14 | Trafficking Information Act, or establish or maintain | ||||||
15 | record management systems necessary to conduct human | ||||||
16 | trafficking investigations or gun trafficking or other | ||||||
17 | stolen firearm investigations. This paragraph (21) applies | ||||||
18 | to contracts entered into on or after the effective date | ||||||
19 | of this amendatory Act of the 102nd General Assembly and | ||||||
20 | the renewal of contracts that are in effect on the | ||||||
21 | effective date of this amendatory Act of the 102nd General | ||||||
22 | Assembly. | ||||||
23 | (22) Procurements necessary for the Department of | ||||||
24 | Insurance to implement the Illinois Health Benefits | ||||||
25 | Exchange Law if the Department of Insurance has made a | ||||||
26 | good faith determination that it is necessary and |
| |||||||
| |||||||
1 | appropriate for the expenditure to fall within this | ||||||
2 | exemption. The procurement process shall be conducted in a | ||||||
3 | manner substantially in accordance with the requirements | ||||||
4 | of Sections 20-160 and 25-60 and Article 50 of this Code. A | ||||||
5 | copy of these contracts shall be made available to the | ||||||
6 | Chief Procurement Officer immediately upon request. This | ||||||
7 | paragraph is inoperative 5 years after the effective date | ||||||
8 | of this amendatory Act of the 103rd General Assembly. | ||||||
9 | Notwithstanding any other provision of law, for contracts | ||||||
10 | with an annual value of more than $100,000 entered into on or | ||||||
11 | after October 1, 2017 under an exemption provided in any | ||||||
12 | paragraph of this subsection (b), except paragraph (1), (2), | ||||||
13 | or (5), each State agency shall post to the appropriate | ||||||
14 | procurement bulletin the name of the contractor, a description | ||||||
15 | of the supply or service provided, the total amount of the | ||||||
16 | contract, the term of the contract, and the exception to the | ||||||
17 | Code utilized. The chief procurement officer shall submit a | ||||||
18 | report to the Governor and General Assembly no later than | ||||||
19 | November 1 of each year that shall include, at a minimum, an | ||||||
20 | annual summary of the monthly information reported to the | ||||||
21 | chief procurement officer. | ||||||
22 | (c) This Code does not apply to the electric power | ||||||
23 | procurement process provided for under Section 1-75 of the | ||||||
24 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
25 | Utilities Act. | ||||||
26 | (d) Except for Section 20-160 and Article 50 of this Code, |
| |||||||
| |||||||
1 | and as expressly required by Section 9.1 of the Illinois | ||||||
2 | Lottery Law, the provisions of this Code do not apply to the | ||||||
3 | procurement process provided for under Section 9.1 of the | ||||||
4 | Illinois Lottery Law. | ||||||
5 | (e) This Code does not apply to the process used by the | ||||||
6 | Capital Development Board to retain a person or entity to | ||||||
7 | assist the Capital Development Board with its duties related | ||||||
8 | to the determination of costs of a clean coal SNG brownfield | ||||||
9 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
10 | Agency Act, as required in subsection (h-3) of Section 9-220 | ||||||
11 | of the Public Utilities Act, including calculating the range | ||||||
12 | of capital costs, the range of operating and maintenance | ||||||
13 | costs, or the sequestration costs or monitoring the | ||||||
14 | construction of clean coal SNG brownfield facility for the | ||||||
15 | full duration of construction. | ||||||
16 | (f) (Blank). | ||||||
17 | (g) (Blank). | ||||||
18 | (h) This Code does not apply to the process to procure or | ||||||
19 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
20 | 11-5.3 of the Illinois Public Aid Code. | ||||||
21 | (i) Each chief procurement officer may access records | ||||||
22 | necessary to review whether a contract, purchase, or other | ||||||
23 | expenditure is or is not subject to the provisions of this | ||||||
24 | Code, unless such records would be subject to attorney-client | ||||||
25 | privilege. | ||||||
26 | (j) This Code does not apply to the process used by the |
| |||||||
| |||||||
1 | Capital Development Board to retain an artist or work or works | ||||||
2 | of art as required in Section 14 of the Capital Development | ||||||
3 | Board Act. | ||||||
4 | (k) This Code does not apply to the process to procure | ||||||
5 | contracts, or contracts entered into, by the State Board of | ||||||
6 | Elections or the State Electoral Board for hearing officers | ||||||
7 | appointed pursuant to the Election Code. | ||||||
8 | (l) This Code does not apply to the processes used by the | ||||||
9 | Illinois Student Assistance Commission to procure supplies and | ||||||
10 | services paid for from the private funds of the Illinois | ||||||
11 | Prepaid Tuition Fund. As used in this subsection (l), "private | ||||||
12 | funds" means funds derived from deposits paid into the | ||||||
13 | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | ||||||
14 | (m) This Code shall apply regardless of the source of | ||||||
15 | funds with which contracts are paid, including federal | ||||||
16 | assistance moneys. Except as specifically provided in this | ||||||
17 | Code, this Code shall not apply to procurement expenditures | ||||||
18 | necessary for the Department of Public Health to conduct the | ||||||
19 | Healthy Illinois Survey in accordance with Section 2310-431 of | ||||||
20 | the Department of Public Health Powers and Duties Law of the | ||||||
21 | Civil Administrative Code of Illinois. | ||||||
22 | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | ||||||
23 | 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff | ||||||
24 | 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, | ||||||
25 | eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
26 | 102-1116, eff. 1-10-23.)
|
| |||||||
| |||||||
1 | Section 20. The Illinois Health Benefits Exchange Law is | ||||||
2 | amended by changing Section 5-5 and by adding Sections 5-21, | ||||||
3 | 5-22, 5-23, and 5-24 as follows: | ||||||
4 | (215 ILCS 122/5-5)
| ||||||
5 | Sec. 5-5. State health benefits exchange. It is declared | ||||||
6 | that this State, beginning October 1, 2013, in accordance with | ||||||
7 | Section 1311 of the federal Patient Protection and Affordable | ||||||
8 | Care Act, shall establish a State health benefits exchange to | ||||||
9 | be known as the Illinois Health Benefits Exchange in order to | ||||||
10 | help individuals and small employers with no more than 50 | ||||||
11 | employees shop for, select, and enroll in qualified, | ||||||
12 | affordable private health plans that fit their needs at | ||||||
13 | competitive prices. The Exchange shall separate coverage pools | ||||||
14 | for individuals and small employers and shall supplement and | ||||||
15 | not supplant any existing private health insurance market for | ||||||
16 | individuals and small employers. The Department of Insurance | ||||||
17 | shall operate the Illinois Health Benefits Exchange as a | ||||||
18 | State-based exchange using the federal platform by plan year | ||||||
19 | 2025 and as a State-based exchange by plan year 2026. The | ||||||
20 | Director of Insurance may require that all plans in the | ||||||
21 | individual and small group markets, other than grandfathered | ||||||
22 | health plans, be made available for comparison on the Illinois | ||||||
23 | Health Benefits Exchange, but may not require that all plans | ||||||
24 | in the individual and small group markets be purchased |
| |||||||
| |||||||
1 | exclusively on the Illinois Health Benefits Exchange. The | ||||||
2 | Director of Insurance may require that plans offered on the | ||||||
3 | exchange conform with standardized plan designs that provide | ||||||
4 | for standardized cost sharing for covered health services. | ||||||
5 | Except when it is inconsistent with State law, the Department | ||||||
6 | of Insurance shall enforce the coverage requirements under the | ||||||
7 | federal Patient Protection and Affordable Care Act, including | ||||||
8 | the coverage of all United States Preventive Services Task | ||||||
9 | Force Grade A and B preventive services without cost sharing | ||||||
10 | notwithstanding any federal overturning or repeal of 42 U.S.C. | ||||||
11 | 300gg-13(a)(1), that apply to the individual and small group | ||||||
12 | markets. The Director of Insurance may elect to add a small | ||||||
13 | business health options program to the Illinois Health | ||||||
14 | Benefits Exchange to help small employers enroll their | ||||||
15 | employees in qualified health plans in the small group market. | ||||||
16 | The General Assembly shall appropriate funds to establish the | ||||||
17 | Illinois Health Benefits Exchange.
| ||||||
18 | (Source: P.A. 97-142, eff. 7-14-11.) | ||||||
19 | (215 ILCS 122/5-21 new) | ||||||
20 | Sec. 5-21. Monthly assessments. | ||||||
21 | (a) The Director of Insurance may apply a monthly | ||||||
22 | assessment to each health benefits plan sold on the Illinois | ||||||
23 | Health Benefits Exchange. The assessment shall be paid by the | ||||||
24 | issuer and to the Department of Insurance and shall be used | ||||||
25 | only for the purpose of supporting the exchange through |
| |||||||
| |||||||
1 | exchange operations, outreach, enrollment, and other means of | ||||||
2 | supporting the exchange, including any efforts that may result | ||||||
3 | in a benefit to policyholders. The assessment may be applied | ||||||
4 | at a rate of: | ||||||
5 | (1) 0.5% of the total monthly premium charged by an | ||||||
6 | issuer for each health benefits plan during any period | ||||||
7 | that the State is on a State-based exchange using the | ||||||
8 | federal platform; or | ||||||
9 | (2) 2.75% of the total monthly premium charged by an | ||||||
10 | issuer for each health benefits plan during any period | ||||||
11 | that the State is on the State-based exchange. The | ||||||
12 | Director of Insurance shall adjust this rate to ensure | ||||||
13 | that the Illinois Health Benefits Exchange is fully | ||||||
14 | funded, but in no case shall the assessment be applied at a | ||||||
15 | rate that exceeds 4% of the total monthly premium charged | ||||||
16 | by a carrier. If the Director determines it is necessary | ||||||
17 | to adjust the rate pursuant to this paragraph, the | ||||||
18 | Director shall, in advance of the adjustment, post on the | ||||||
19 | Department's website a report describing the reasons and | ||||||
20 | justifications for the adjustment, which shall be | ||||||
21 | consistent with the purposes of supporting the Illinois | ||||||
22 | Health Benefits Exchange as provided in this Section, at | ||||||
23 | least 120 days before the implementation of the rate | ||||||
24 | adjustment. | ||||||
25 | (b) The Director of Insurance shall notify an issuer 120 | ||||||
26 | days before the implementation of its assessment rate for the |
| |||||||
| |||||||
1 | subsequent year. Issuers must remit the assessment due in | ||||||
2 | monthly installments to the Department of Insurance. | ||||||
3 | (c) The assessment described in this Section shall be | ||||||
4 | considered a special purpose obligation and may not be applied | ||||||
5 | by issuers to vary premium rates at the plan level. | ||||||
6 | (d) There is created a special fund within the State | ||||||
7 | treasury to be known as the Illinois Health Benefits Exchange | ||||||
8 | Fund. The Illinois Health Benefits Exchange Fund shall be the | ||||||
9 | repository for moneys collected pursuant to fees or | ||||||
10 | assessments on exchange issuers, federal financial | ||||||
11 | participation as appropriate, and other moneys received as | ||||||
12 | grants or otherwise appropriated for the purposes of | ||||||
13 | supporting health insurance outreach, enrollment efforts, and | ||||||
14 | plan management operations through an exchange. All moneys in | ||||||
15 | the Fund shall be used, subject to appropriation, only for the | ||||||
16 | purpose of supporting the exchange through exchange | ||||||
17 | operations, outreach, enrollment, and other means of | ||||||
18 | supporting the exchange, including any efforts that may result | ||||||
19 | in a benefit to policyholders. | ||||||
20 | (215 ILCS 122/5-22 new) | ||||||
21 | Sec. 5-22. State medical assistance program coordination. | ||||||
22 | (a) The Department of Insurance and the Department of | ||||||
23 | Healthcare and Family Services shall coordinate the operations | ||||||
24 | of the exchange with the operations of State medical | ||||||
25 | assistance programs. The Department of Healthcare and Family |
| |||||||
| |||||||
1 | Services shall oversee and operate the exchange eligibility | ||||||
2 | rules engine to ensure accurate assessments and determinations | ||||||
3 | of exchange and State medical assistance program eligibility. | ||||||
4 | (b) The exchange may determine eligibility for State | ||||||
5 | medical assistance programs that use the modified adjusted | ||||||
6 | gross income methodology. | ||||||
7 | (c) The exchange may be used for enrollment into State | ||||||
8 | medical assistance program health plans. | ||||||
9 | (d) The Department of Healthcare and Family Services shall | ||||||
10 | request federal financial participation funds from the Centers | ||||||
11 | for Medicare and Medicaid Services for any integrated | ||||||
12 | eligibility and enrollment functions of the exchange. | ||||||
13 | (215 ILCS 122/5-23 new) | ||||||
14 | Sec. 5-23. Department of Insurance and Department of | ||||||
15 | Healthcare and Family Services authority. | ||||||
16 | (a) The Department of Insurance and the Department of | ||||||
17 | Healthcare and Family Services, in addition to the powers | ||||||
18 | granted under the Illinois Insurance Code and the Illinois | ||||||
19 | Public Aid Code, have the power necessary to establish and | ||||||
20 | operate the Illinois Health Benefits Exchange, including, but | ||||||
21 | not limited to, the authority to: | ||||||
22 | (1) adopt rules deemed necessary by the departments to | ||||||
23 | implement this Law; | ||||||
24 | (2) employ or retain sufficient personnel to provide | ||||||
25 | administration, staffing, and necessary related support |
| |||||||
| |||||||
1 | required to adequately discharge the duties described in | ||||||
2 | this Law from funds held in the Illinois Health Benefits | ||||||
3 | Exchange Fund; | ||||||
4 | (3) procure services, including a call center, and | ||||||
5 | goods for the purpose of establishing the Illinois Health | ||||||
6 | Benefits Exchange, including, but not limited to, | ||||||
7 | procurements in conformance with paragraph (22) of | ||||||
8 | subsection (b) of Section 1-10 of the Illinois Procurement | ||||||
9 | Code; and | ||||||
10 | (4) require any exchange vendor to have experience | ||||||
11 | operating a State-based exchange in another state. | ||||||
12 | (b) The Department of Insurance has the authority to | ||||||
13 | employ a Marketplace Director of the Illinois Health Benefits | ||||||
14 | Exchange. | ||||||
15 | (215 ILCS 122/5-24 new) | ||||||
16 | Sec. 5-24. Illinois Health Benefits Exchange Advisory | ||||||
17 | Committee. | ||||||
18 | (a) The Director of Insurance shall establish the Illinois | ||||||
19 | Health Benefits Exchange Advisory Committee no later than | ||||||
20 | December 31, 2023. The Illinois Health Benefits Exchange | ||||||
21 | Advisory Committee shall be tasked with making recommendations | ||||||
22 | to the Marketplace Director of the Illinois Health Benefits | ||||||
23 | Exchange concerning the operation of the exchange, and the | ||||||
24 | Committee shall hold its first meeting no later than 90 days | ||||||
25 | following the establishment of the Committee and shall meet |
| |||||||
| |||||||
1 | quarterly thereafter. The Marketplace Director shall make a | ||||||
2 | quarterly report to the Committee. | ||||||
3 | (b) The Department of Insurance shall present regular and | ||||||
4 | timely reports to the Illinois Health Benefits Exchange | ||||||
5 | Advisory Committee regarding the progress in the development | ||||||
6 | and ongoing operations of the Illinois Health Benefits | ||||||
7 | Exchange before its establishment by plan year 2026. The | ||||||
8 | reports shall be posted to the Department of Insurance's | ||||||
9 | website and include information on the Department of | ||||||
10 | Insurance's progress toward establishing and maintaining the | ||||||
11 | Illinois Health Benefits Exchange with the goal of ensuring an | ||||||
12 | effective and efficient transition from the federal platform | ||||||
13 | to the State-based exchange for individuals, employers, and | ||||||
14 | health insurance issuers while mitigating loss of health | ||||||
15 | insurance coverage for any potential consumer. The Department | ||||||
16 | of Insurance's progress reports shall provide information | ||||||
17 | including, but not limited to, transparency, user | ||||||
18 | understandability, plan compliance, outreach and education, | ||||||
19 | systems operations, and annual fiscal projections. The | ||||||
20 | Department of Insurance shall gather stakeholder input in | ||||||
21 | developing operational plans and preparing the reports for the | ||||||
22 | Illinois Health Benefits Exchange Advisory Committee. | ||||||
23 | (c) The Illinois Health Benefits Exchange Advisory | ||||||
24 | Committee shall include the following members: | ||||||
25 | (1) The Director of Insurance, or the Director's | ||||||
26 | designee, who shall serve ex officio and as co-chair; |
| |||||||
| |||||||
1 | (2) The Director of Healthcare and Family Services, or | ||||||
2 | the Director's designee, who shall serve ex officio and as | ||||||
3 | co-chair; | ||||||
4 | (3) The Secretary of Human Services, or the | ||||||
5 | Secretary's designee, who shall serve ex officio; and | ||||||
6 | (4) 10 public members, who shall be residents of this | ||||||
7 | State, appointed by the Director of Insurance. The | ||||||
8 | Director shall consider the diversity of this State in the | ||||||
9 | selection of the committee members. The public members | ||||||
10 | shall include: | ||||||
11 | (A) one representative of a statewide organization | ||||||
12 | representing a majority of Illinois hospitals; | ||||||
13 | (B) one representative of a statewide insurance | ||||||
14 | producer professional trade association whose | ||||||
15 | membership is primarily composed of individuals | ||||||
16 | licensed under the Illinois Insurance Code; | ||||||
17 | (C) 2 representatives of a health insurance | ||||||
18 | consumer advocacy group; | ||||||
19 | (D) one representative with expertise in | ||||||
20 | enrollment and consumer assistance; | ||||||
21 | (E) 2 representatives of health insurance issuers | ||||||
22 | or issuer trade associations, at least one of which | ||||||
23 | represents a State-domiciled mutual health insurance | ||||||
24 | company, with a demonstrated expertise in the business | ||||||
25 | of health insurance or health benefits administration; | ||||||
26 | (F) one representative of a statewide association |
| |||||||
| |||||||
1 | representing small business owners; | ||||||
2 | (G) one representative of a statewide organization | ||||||
3 | representing physicians; and | ||||||
4 | (H) one academic or research professional with | ||||||
5 | expertise in health insurance. | ||||||
6 | (d) Members of the Illinois Health Benefits Exchange | ||||||
7 | Advisory Committee shall serve for a term of 2 years, shall | ||||||
8 | serve without compensation, and shall not be entitled to | ||||||
9 | reimbursement. The Department of Insurance shall provide | ||||||
10 | administrative support to the Illinois Health Benefits | ||||||
11 | Exchange Advisory Committee. | ||||||
12 | (e) The Committee's quarterly meetings shall be open to | ||||||
13 | the public and subject to the Open Meetings Act.
| ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
|