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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Article 1. GENERAL PROVISIONS | ||||||||||||||||||||||||||||||||||||||||||
5 | Section 1-1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||||||||||||||||||
6 | Healthy Illinois Act. | ||||||||||||||||||||||||||||||||||||||||||
7 | Section 1-5. Purpose. Health care costs are rising rapidly | ||||||||||||||||||||||||||||||||||||||||||
8 | and challenging Illinois' capacity to provide accessible, | ||||||||||||||||||||||||||||||||||||||||||
9 | high-quality health care. Small businesses and individuals do | ||||||||||||||||||||||||||||||||||||||||||
10 | not have adequate access to affordable health insurance in this | ||||||||||||||||||||||||||||||||||||||||||
11 | State. Large employers, providers, and insurers lack guidance | ||||||||||||||||||||||||||||||||||||||||||
12 | concerning appropriate health care quality and cost | ||||||||||||||||||||||||||||||||||||||||||
13 | containment. The absence of appropriate statewide data on | ||||||||||||||||||||||||||||||||||||||||||
14 | health care hinders the planning needed to ensure access, | ||||||||||||||||||||||||||||||||||||||||||
15 | quality, and affordability. This legislation creates Healthy | ||||||||||||||||||||||||||||||||||||||||||
16 | Illinois, a 3-part program that will provide access to | ||||||||||||||||||||||||||||||||||||||||||
17 | affordable coverage for small businesses and individuals | ||||||||||||||||||||||||||||||||||||||||||
18 | through the Healthy Illinois Plan, initiate new strategies for | ||||||||||||||||||||||||||||||||||||||||||
19 | health care quality improvement and cost containment through | ||||||||||||||||||||||||||||||||||||||||||
20 | the Healthy Illinois Quality Forum, and gather and disseminate | ||||||||||||||||||||||||||||||||||||||||||
21 | through the Health Resource Plan the information needed to | ||||||||||||||||||||||||||||||||||||||||||
22 | ensure that all Illinoisans have access to quality, affordable | ||||||||||||||||||||||||||||||||||||||||||
23 | health care. | ||||||||||||||||||||||||||||||||||||||||||
24 | Section 1-10. Definitions. As used in this Act: | ||||||||||||||||||||||||||||||||||||||||||
25 | "Eligible business" means a business that employs at least | ||||||||||||||||||||||||||||||||||||||||||
26 | 2 but not more than 50 employees, at least two-thirds of whom | ||||||||||||||||||||||||||||||||||||||||||
27 | are employed in the State, including a municipality or other | ||||||||||||||||||||||||||||||||||||||||||
28 | public sector entity that has at least 2 but not more than 50 | ||||||||||||||||||||||||||||||||||||||||||
29 | employees. Beginning one year after Healthy Illinois has been | ||||||||||||||||||||||||||||||||||||||||||
30 | providing health insurance benefits, the Authority may, by |
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1 | rule, define "eligible business" to include larger public or | ||||||
2 | private employers. | ||||||
3 | "Eligible employee" means an employee of an eligible | ||||||
4 | business who works at least 20 hours per week for that eligible | ||||||
5 | business. "Eligible employee" does not include an employee who | ||||||
6 | works on a temporary or substitute basis or who does not work | ||||||
7 | at least 26 weeks annually. New employees meet the 26-week | ||||||
8 | requirement if they are expected to work at least 26 weeks in | ||||||
9 | their first year of employment. | ||||||
10 | "Eligible individual" means any Illinois resident, | ||||||
11 | including any dependents thereof. | ||||||
12 | "Healthy Illinois Plan" means the health insurance plan | ||||||
13 | established by the Healthy Illinois Authority that is offered | ||||||
14 | by a private health insurance carrier or carriers, or by the | ||||||
15 | Healthy Illinois Authority itself.
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16 | "Resident" means any person whose primary home is in | ||||||
17 | Illinois. | ||||||
18 | Article 5. THE HEALTHY ILLINOIS AUTHORITY | ||||||
19 | Section 5-5. Healthy Illinois Authority Established. The | ||||||
20 | Healthy Illinois Authority is established as an agency in the | ||||||
21 | executive branch of State government to arrange for the | ||||||
22 | provision of comprehensive, affordable health care coverage to | ||||||
23 | eligible businesses, including employees and their dependents, | ||||||
24 | the self-employed and their dependents, and eligible | ||||||
25 | individuals on a voluntary basis through the Healthy Illinois | ||||||
26 | Plan. The Authority shall also monitor and improve the quality | ||||||
27 | of health care in this State through administration of the | ||||||
28 | Healthy Illinois Quality Forum. The Authority shall also | ||||||
29 | develop the Health Resource Plan, focused on gathering and | ||||||
30 | disseminating the information and plans needed to ensure the | ||||||
31 | provision of quality, affordable employee health care in | ||||||
32 | Illinois. | ||||||
33 | Section 5-10. Powers and duties of the Authority.
Subject |
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1 | to any limitation contained in this Act or in any other law, | ||||||
2 | the Authority shall have and exercise all powers necessary or | ||||||
3 | convenient to effectuate the purposes for which the Authority | ||||||
4 | is organized or to further the activities in which the | ||||||
5 | Authority may lawfully be engaged, including, but not limited | ||||||
6 | to, the establishment of the Healthy Illinois Plan, the | ||||||
7 | administration of the Healthy Illinois Quality Forum, and the | ||||||
8 | development and promulgation of the Health Resource Plan. | ||||||
9 | Section 5-15. The Healthy Illinois Authority Fund. The | ||||||
10 | Healthy Illinois Authority Fund is created as a special fund in | ||||||
11 | the State treasury for the deposit of any funds advanced for | ||||||
12 | initial operating expenses, payments made by employers and | ||||||
13 | individuals, any uncompensated care savings payments made | ||||||
14 | pursuant to Section 10-20 of this Act, and any funds received | ||||||
15 | from any public or private source. The Fund is exempt from the | ||||||
16 | provisions of subsection (c) of Section 5 of the State Finance | ||||||
17 | Act and shall not lapse, but must be carried forward to carry | ||||||
18 | out the purposes of this Act. | ||||||
19 | Article 10. HEALTHY ILLINOIS PLAN | ||||||
20 | Section 10-5. Healthy Illinois Plan. The Authority shall | ||||||
21 | begin to provide health benefits coverage through the Healthy | ||||||
22 | Illinois Plan not later than 12 months after entering into | ||||||
23 | contracts with one or more qualified bidders to administer plan | ||||||
24 | benefits. The Healthy Illinois Plan must comply with all | ||||||
25 | relevant requirements of this Article. The Authority shall | ||||||
26 | select one or more entities to administer the Healthy Illinois | ||||||
27 | Plan through a competitive request for proposal process to | ||||||
28 | identify those that most fully meet qualifications described in | ||||||
29 | this Article and any additional qualifications set by the | ||||||
30 | Authority. | ||||||
31 | Section 10-10. Healthy Illinois Plan administration. | ||||||
32 | (a) The Healthy Illinois Plan shall include a comprehensive |
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1 | package that meets the requirements for mandated coverage for | ||||||
2 | specific health services and specific diseases and for certain | ||||||
3 | providers of health services under the Illinois Insurance Code | ||||||
4 | and any supplemental benefits the Authority wishes to make | ||||||
5 | available. | ||||||
6 | (b) The Authority shall establish the minimum required | ||||||
7 | contribution levels, not to exceed 60%, to be paid by eligible | ||||||
8 | businesses toward the aggregate payment. The Authority may | ||||||
9 | establish a separate minimum contribution level to be paid by | ||||||
10 | eligible businesses toward coverage for dependents of the | ||||||
11 | eligible business's enrolled employees. | ||||||
12 | (c) The Authority shall require participating employers to | ||||||
13 | certify that at least 75% of their employees that work 20 hours | ||||||
14 | or more per week are either enrolled in the Healthy Illinois | ||||||
15 | Plan or have other creditable coverage. | ||||||
16 | (d) The Authority shall reduce the required payment amounts | ||||||
17 | for plan enrollees eligible for a subsidy under Section 10-15 | ||||||
18 | of this Act in accordance with the enrollee's subsidy amount. | ||||||
19 | The Authority shall notify both the plan enrollee and the | ||||||
20 | employer, if applicable, of both the subsidy and the new | ||||||
21 | required payment amount so that the employer, where applicable, | ||||||
22 | can reduce the amount deducted or otherwise set aside for the | ||||||
23 | enrollee's premium share. | ||||||
24 | (e) Participating employers shall make payments on behalf | ||||||
25 | of both the employer and its enrolled employees. | ||||||
26 | Section 10-15. Subsidies.
The Authority shall establish | ||||||
27 | sliding-scale subsidies for the purchase of the Healthy | ||||||
28 | Illinois Plan by eligible employees and individuals whose | ||||||
29 | household income is under 300% of the federal poverty level and | ||||||
30 | who are not eligible for Medicaid. | ||||||
31 | Section 10-20. Uncompensated care savings payments. For | ||||||
32 | the purpose of providing the funds necessary to provide | ||||||
33 | subsidies pursuant to Section 10-15 of this Act and support the | ||||||
34 | Healthy Illinois Quality Forum and because the operation of the |
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1 | Healthy Illinois Plan will control health care costs through | ||||||
2 | the reduction of uncompensated care, health insurance carriers | ||||||
3 | and employee benefit excess insurance carriers shall pay to the | ||||||
4 | Authority 4% of annual health insurance premiums and employee | ||||||
5 | benefit excess insurance premiums on policies issued pursuant | ||||||
6 | to the laws of this State that insure residents of this State. | ||||||
7 | Article 15. HEALTH CARE QUALITY | ||||||
8 | Section 15-5. Healthy Illinois Quality Forum. The Healthy | ||||||
9 | Illinois Quality Forum, referred to in this Article as the | ||||||
10 | "Forum", is established within the Authority. The Forum shall | ||||||
11 | be funded, at least in part, through the uncompensated care | ||||||
12 | savings payments made pursuant to Section 10-20 of this Act. | ||||||
13 | Information obtained by the Forum is a public record within the | ||||||
14 | meaning in Section 2 of the Freedom of Information Act. All | ||||||
15 | duties performed by the Forum shall be done in a manner | ||||||
16 | consistent with and not in duplication of the requirements of | ||||||
17 | the Hospital Report Card Act. | ||||||
18 | Section 15-10. Duties. The Forum shall perform the | ||||||
19 | following duties: | ||||||
20 | (1) Gathering and disseminating information on health care | ||||||
21 | quality and patient safety. | ||||||
22 | (2) Research on best practice in Illinois, including, but | ||||||
23 | not limited to, the following: | ||||||
24 | (A) Collecting information from Illinois health care | ||||||
25 | providers, insurers, third party administrators, and | ||||||
26 | others that are currently utilizing practices designed to | ||||||
27 | increase health care quality and patient safety, focusing | ||||||
28 | on those practices where a positive impact has been | ||||||
29 | documented and where the information needed for others to | ||||||
30 | replicate the practice is available. The Forum shall seek | ||||||
31 | to include examples of effective uses of electronic | ||||||
32 | technology for such things as medical records and physical | ||||||
33 | order entry. |
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1 | (B) Dissemination of information on effective | ||||||
2 | practices in Illinois through public reports, conferences, | ||||||
3 | and other appropriate vehicles. The Authority with | ||||||
4 | guidance from the Forum, including its advisory council, | ||||||
5 | shall provide technical assistance to health care | ||||||
6 | providers, insurers, and other entities that plan to | ||||||
7 | implement proven practices that have been demonstrated to | ||||||
8 | have a material positive impact on health care quality and | ||||||
9 | patient safety in Illinois. | ||||||
10 | (3) Evaluation and comparison of health care quality and | ||||||
11 | provider performance, including, but not limited to, the | ||||||
12 | following: | ||||||
13 | (A) The Forum shall identify existing valid and | ||||||
14 | reliable measures of health care quality and provider | ||||||
15 | performance that are already in use in Illinois and | ||||||
16 | nationally. | ||||||
17 | (B) The Forum shall disseminate information on those | ||||||
18 | measures to Illinois health care providers, insurers, and | ||||||
19 | others. | ||||||
20 | (C) By the third year of operation, the Forum shall | ||||||
21 | recommend an initial set of measures that all Illinois | ||||||
22 | providers, insurers, and others, as appropriate, should | ||||||
23 | adopt. If after a reasonable period one or more measures | ||||||
24 | are not adopted, the Authority may adopt rules to better | ||||||
25 | ensure the adoption of those measures. The Forum shall | ||||||
26 | provide guidance on data collection and submission | ||||||
27 | protocols with the minimum possible burden for the | ||||||
28 | providers of data. | ||||||
29 | Article 20. HEALTH RESOURCE PLAN | ||||||
30 | Section 20-5. Duties of the Authority related to the Health | ||||||
31 | Resource Plan. | ||||||
32 |
(a) The Authority shall do all of the following: | ||||||
33 | (1) develop and issue the biennial Health Resource | ||||||
34 | Plan, referred to in this Article as the "plan". The first |
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1 | plan shall be issued by May 31, 2006; | ||||||
2 | (2) make an annual report to the public assessing the | ||||||
3 | progress toward meeting goals of the plan and provide any | ||||||
4 | needed updates to the plan; and | ||||||
5 | (3) issue an annual statewide health expenditure | ||||||
6 | budget report that shall serve as the basis for | ||||||
7 | establishing priorities within the plan. | ||||||
8 | (b) The Authority shall provide the reports specified in | ||||||
9 | paragraphs (2) and (3) of subsection (a) of this Section to the | ||||||
10 | General Assembly. | ||||||
11 | Section 20-10. Health Resource Plan. The plan, issued | ||||||
12 | pursuant to Section 20-5 of this Act, must set forth a | ||||||
13 | comprehensive, coordinated approach to the development of | ||||||
14 | health care facilities and resources in the State based on | ||||||
15 | statewide cost, quality, and access goals and strategies to | ||||||
16 | ensure access to affordable health care, maintain a rational | ||||||
17 | system of health care, and promote the development of the | ||||||
18 | health care workforce. | ||||||
19 | Article 25. COST CONTAINMENT | ||||||
20 | Section 25-5. Voluntary restraint. In order to control the | ||||||
21 | rate of growth of costs of health care and health coverage: | ||||||
22 | (1) Each health care practitioner licensed under the | ||||||
23 | Medical Practice Act of 1987 shall make every effort to | ||||||
24 | limit the growth of net revenue of the practitioner's | ||||||
25 | practice to 3% for the practitioner's fiscal year beginning | ||||||
26 | on or after July 1, 2006 and for every fiscal year | ||||||
27 | thereafter. | ||||||
28 | (2) Each hospital licensed under the Hospital | ||||||
29 | Licensing Act shall make every effort to restrain cost | ||||||
30 | increases, as measured as expenses for case mix adjusted | ||||||
31 | discharge, to no more than 3.5% for the hospital fiscal | ||||||
32 | year beginning on or after July 1, 2006 and for every | ||||||
33 | fiscal year thereafter. Each hospital licensed under the |
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1 | Hospital Licensing Act shall make every effort to hold | ||||||
2 | hospital consolidated operating margins to no more than 3% | ||||||
3 | for the hospital's fiscal year beginning on or after July | ||||||
4 | 1, 2006 and for every fiscal year thereafter. | ||||||
5 | (3) Each health insurance carrier licensed in this | ||||||
6 | State shall make every effort to limit the pricing of | ||||||
7 | products it sells in this State to the level that supports | ||||||
8 | no more than 3% underwriting gain less federal taxes for | ||||||
9 | the carrier's fiscal year beginning on or after July 1, | ||||||
10 | 2006 and for every fiscal year thereafter. | ||||||
11 | (4) By July 1, 2006, the Illinois Hospital Association | ||||||
12 | and the Authority shall agree on a timetable, format, and | ||||||
13 | methodology for the Illinois Hospital Association to | ||||||
14 | report on hospital charges, cost efficiency, and | ||||||
15 | consolidated operating margins. In accordance with the | ||||||
16 | agreement, the Illinois Hospital Association shall submit | ||||||
17 | an annual report to the Authority beginning January 1, | ||||||
18 | 2007.
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19 | ARTICLE 95. AMENDATORY PROVISIONS | ||||||
20 | Section 95-5. The Illinois Health Facilities Planning Act | ||||||
21 | is amended by changing Sections 3 and 12 as follows:
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22 | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
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23 | (Section scheduled to be repealed on July 1, 2006)
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24 | Sec. 3. Definitions. As used in this Act:
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25 | "Health care facilities" means and includes
the following | ||||||
26 | facilities and organizations:
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27 | 1. An ambulatory surgical treatment center required to | ||||||
28 | be licensed
pursuant to the Ambulatory Surgical Treatment | ||||||
29 | Center Act;
| ||||||
30 | 2. An institution, place, building, or agency required | ||||||
31 | to be licensed
pursuant to the Hospital Licensing Act;
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32 | 3. Skilled and intermediate long term care facilities | ||||||
33 | licensed under the
Nursing
Home Care Act;
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1 | 3. Skilled and intermediate long term care facilities | ||||||
2 | licensed under the
Nursing
Home Care Act;
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3 | 4. Hospitals, nursing homes, ambulatory surgical | ||||||
4 | treatment centers, or
kidney disease treatment centers
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5 | maintained by the State or any department or agency | ||||||
6 | thereof;
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7 | 5. Kidney disease treatment centers, including a | ||||||
8 | free-standing
hemodialysis unit required to be licensed | ||||||
9 | under the End Stage Renal Disease Facility Act; and
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10 | 6. An institution, place, building, or room used for | ||||||
11 | the performance of
outpatient surgical procedures that is | ||||||
12 | leased, owned, or operated by or on
behalf of an | ||||||
13 | out-of-state facility.
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14 | 7. Limited service providers.
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15 | No federally owned facility shall be subject to the | ||||||
16 | provisions of this
Act, nor facilities used solely for healing | ||||||
17 | by prayer or spiritual means.
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18 | No facility licensed under the Supportive Residences | ||||||
19 | Licensing Act or the
Assisted Living and Shared Housing Act
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20 | shall be subject to the provisions of this Act.
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21 | A facility designated as a supportive living facility that | ||||||
22 | is in good
standing with the program
established under Section | ||||||
23 | 5-5.01a of
the Illinois Public Aid Code shall not be subject to | ||||||
24 | the provisions of this
Act.
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25 | This Act does not apply to facilities granted waivers under | ||||||
26 | Section 3-102.2
of the Nursing Home Care Act. However, if a | ||||||
27 | demonstration project under that
Act applies for a certificate
| ||||||
28 | of need to convert to a nursing facility, it shall meet the | ||||||
29 | licensure and
certificate of need requirements in effect as of | ||||||
30 | the date of application. | ||||||
31 | This Act does not apply to a dialysis facility that | ||||||
32 | provides only dialysis training, support, and related services | ||||||
33 | to individuals with end stage renal disease who have elected to | ||||||
34 | receive home dialysis. This Act does not apply to a dialysis | ||||||
35 | unit located in a licensed nursing home that offers or provides | ||||||
36 | dialysis-related services to residents with end stage renal |
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1 | disease who have elected to receive home dialysis within the | ||||||
2 | nursing home. The Board, however, may require these dialysis | ||||||
3 | facilities and licensed nursing homes to report statistical | ||||||
4 | information on a quarterly basis to the Board to be used by the | ||||||
5 | Board to conduct analyses on the need for proposed kidney | ||||||
6 | disease treatment centers.
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7 | This Act shall not apply to the closure of an entity or a | ||||||
8 | portion of an
entity licensed under the Nursing Home Care Act | ||||||
9 | that elects to convert, in
whole or in part, to an assisted | ||||||
10 | living or shared housing establishment
licensed under the | ||||||
11 | Assisted Living and Shared Housing Act.
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12 | With the exception of those health care facilities | ||||||
13 | specifically
included in this Section, nothing in this Act | ||||||
14 | shall be intended to
include facilities operated as a part of | ||||||
15 | the practice of a physician or
other licensed health care | ||||||
16 | professional, whether practicing in his
individual capacity or | ||||||
17 | within the legal structure of any partnership,
medical or | ||||||
18 | professional corporation, or unincorporated medical or
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19 | professional group. Further, this Act shall not apply to | ||||||
20 | physicians or
other licensed health care professional's | ||||||
21 | practices where such practices
are carried out in a portion of | ||||||
22 | a health care facility under contract
with such health care | ||||||
23 | facility by a physician or by other licensed
health care | ||||||
24 | professionals, whether practicing in his individual capacity
| ||||||
25 | or within the legal structure of any partnership, medical or
| ||||||
26 | professional corporation, or unincorporated medical or | ||||||
27 | professional
groups. This Act shall apply to construction or
| ||||||
28 | modification and to establishment by such health care facility | ||||||
29 | of such
contracted portion which is subject to facility | ||||||
30 | licensing requirements,
irrespective of the party responsible | ||||||
31 | for such action or attendant
financial obligation.
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32 | "Person" means any one or more natural persons, legal | ||||||
33 | entities,
governmental bodies other than federal, or any | ||||||
34 | combination thereof.
| ||||||
35 | "Consumer" means any person other than a person (a) whose | ||||||
36 | major
occupation currently involves or whose official capacity |
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1 | within the last
12 months has involved the providing, | ||||||
2 | administering or financing of any
type of health care facility, | ||||||
3 | (b) who is engaged in health research or
the teaching of | ||||||
4 | health, (c) who has a material financial interest in any
| ||||||
5 | activity which involves the providing, administering or | ||||||
6 | financing of any
type of health care facility, or (d) who is or | ||||||
7 | ever has been a member of
the immediate family of the person | ||||||
8 | defined by (a), (b), or (c).
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9 | "State Board" means the Health Facilities Planning Board.
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10 | "Construction or modification" means the establishment, | ||||||
11 | erection,
building, alteration, reconstruction, modernization, | ||||||
12 | improvement,
extension, discontinuation, change of ownership, | ||||||
13 | of or by a health care
facility, or the purchase or acquisition | ||||||
14 | by or through a health care facility
of
equipment or service | ||||||
15 | for diagnostic or therapeutic purposes or for
facility | ||||||
16 | administration or operation, or any capital expenditure made by
| ||||||
17 | or on behalf of a health care facility which
exceeds the | ||||||
18 | capital expenditure minimum; however, any capital expenditure
| ||||||
19 | made by or on behalf of a health care facility for (i) the | ||||||
20 | construction or
modification of a facility licensed under the | ||||||
21 | Assisted Living and Shared
Housing Act or (ii) a conversion | ||||||
22 | project undertaken in accordance with Section 30 of the Older | ||||||
23 | Adult Services Act shall be excluded from any obligations under | ||||||
24 | this Act.
| ||||||
25 | "Establish" means the construction of a health care | ||||||
26 | facility or the
replacement of an existing facility on another | ||||||
27 | site.
| ||||||
28 | "Major medical equipment" means medical equipment which is | ||||||
29 | used for the
provision of medical and other health services and | ||||||
30 | which costs in excess
of the capital expenditure minimum, | ||||||
31 | except that such term does not include
medical equipment | ||||||
32 | acquired
by or on behalf of a clinical laboratory to provide | ||||||
33 | clinical laboratory
services if the clinical laboratory is | ||||||
34 | independent of a physician's office
and a hospital and it has | ||||||
35 | been determined under Title XVIII of the Social
Security Act to | ||||||
36 | meet the requirements of paragraphs (10) and (11) of Section
|
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1 | 1861(s) of such Act. In determining whether medical equipment | ||||||
2 | has a value
in excess of the capital expenditure minimum, the | ||||||
3 | value of studies, surveys,
designs, plans, working drawings, | ||||||
4 | specifications, and other activities
essential to the | ||||||
5 | acquisition of such equipment shall be included.
| ||||||
6 | "Capital Expenditure" means an expenditure: (A) made by or | ||||||
7 | on behalf of
a health care facility (as such a facility is | ||||||
8 | defined in this Act); and
(B) which under generally accepted | ||||||
9 | accounting principles is not properly
chargeable as an expense | ||||||
10 | of operation and maintenance, or is made to obtain
by lease or | ||||||
11 | comparable arrangement any facility or part thereof or any
| ||||||
12 | equipment for a facility or part; and which exceeds the capital | ||||||
13 | expenditure
minimum.
| ||||||
14 | For the purpose of this paragraph, the cost of any studies, | ||||||
15 | surveys, designs,
plans, working drawings, specifications, and | ||||||
16 | other activities essential
to the acquisition, improvement, | ||||||
17 | expansion, or replacement of any plant
or equipment with | ||||||
18 | respect to which an expenditure is made shall be included
in | ||||||
19 | determining if such expenditure exceeds the capital | ||||||
20 | expenditures minimum.
Donations of equipment
or facilities to a | ||||||
21 | health care facility which if acquired directly by such
| ||||||
22 | facility would be subject to review under this Act shall be | ||||||
23 | considered capital
expenditures, and a transfer of equipment or | ||||||
24 | facilities for less than fair
market value shall be considered | ||||||
25 | a capital expenditure for purposes of this
Act if a transfer of | ||||||
26 | the equipment or facilities at fair market value would
be | ||||||
27 | subject to review.
| ||||||
28 | "Capital expenditure minimum" means $6,000,000, which | ||||||
29 | shall be annually
adjusted to reflect the increase in | ||||||
30 | construction costs due to inflation, for major medical | ||||||
31 | equipment and for all other
capital expenditures; provided, | ||||||
32 | however, that when a capital expenditure is
for the | ||||||
33 | construction or modification of a health and fitness center, | ||||||
34 | "capital
expenditure minimum" means the capital expenditure | ||||||
35 | minimum for all other
capital expenditures in effect on March | ||||||
36 | 1, 2000, which shall be annually
adjusted to reflect the |
| |||||||
| |||||||
1 | increase in construction costs due to inflation.
| ||||||
2 | "Non-clinical service area" means an area (i) for the | ||||||
3 | benefit of the
patients, visitors, staff, or employees of a | ||||||
4 | health care facility and (ii) not
directly related to the | ||||||
5 | diagnosis, treatment, or rehabilitation of persons
receiving | ||||||
6 | services from the health care facility. "Non-clinical service | ||||||
7 | areas"
include, but are not limited to, chapels; gift shops; | ||||||
8 | news stands; computer
systems; tunnels, walkways, and | ||||||
9 | elevators; telephone systems; projects to
comply with life | ||||||
10 | safety codes; educational facilities; student housing;
| ||||||
11 | patient, employee, staff, and visitor dining areas; | ||||||
12 | administration and
volunteer offices; modernization of | ||||||
13 | structural components (such as roof
replacement and masonry | ||||||
14 | work); boiler repair or replacement; vehicle
maintenance and | ||||||
15 | storage facilities; parking facilities; mechanical systems for
| ||||||
16 | heating, ventilation, and air conditioning; loading docks; and | ||||||
17 | repair or
replacement of carpeting, tile, wall coverings, | ||||||
18 | window coverings or treatments,
or furniture. Solely for the | ||||||
19 | purpose of this definition, "non-clinical service
area" does | ||||||
20 | not include health and fitness centers.
| ||||||
21 | "Areawide" means a major area of the State delineated on a
| ||||||
22 | geographic, demographic, and functional basis for health | ||||||
23 | planning and
for health service and having within it one or | ||||||
24 | more local areas for
health planning and health service. The | ||||||
25 | term "region", as contrasted
with the term "subregion", and the | ||||||
26 | word "area" may be used synonymously
with the term "areawide".
| ||||||
27 | "Local" means a subarea of a delineated major area that on | ||||||
28 | a
geographic, demographic, and functional basis may be | ||||||
29 | considered to be
part of such major area. The term "subregion" | ||||||
30 | may be used synonymously
with the term "local".
| ||||||
31 | "Areawide health planning organization" or "Comprehensive | ||||||
32 | health
planning organization" means the health systems agency | ||||||
33 | designated by the
Secretary, Department of Health and Human | ||||||
34 | Services or any successor agency.
| ||||||
35 | "Local health planning organization" means those local | ||||||
36 | health
planning organizations that are designated as such by |
| |||||||
| |||||||
1 | the areawide
health planning organization of the appropriate | ||||||
2 | area.
| ||||||
3 | "Physician" means a person licensed to practice in | ||||||
4 | accordance with
the Medical Practice Act of 1987, as amended.
| ||||||
5 | "Licensed health care professional" means a person | ||||||
6 | licensed to
practice a health profession under pertinent | ||||||
7 | licensing statutes of the
State of Illinois.
| ||||||
8 | "Director" means the Director of the Illinois Department of | ||||||
9 | Public Health.
| ||||||
10 | "Agency" means the Illinois Department of Public Health.
| ||||||
11 | "Comprehensive health planning" means health planning | ||||||
12 | concerned with
the total population and all health and | ||||||
13 | associated problems that affect
the well-being of people and | ||||||
14 | that encompasses health services, health
manpower, and health | ||||||
15 | facilities; and the coordination among these and
with those | ||||||
16 | social, economic, and environmental factors that affect | ||||||
17 | health.
| ||||||
18 | "Alternative health care model" means a facility or program | ||||||
19 | authorized
under the Alternative Health Care Delivery Act.
| ||||||
20 | "Out-of-state facility" means a person that is both (i) | ||||||
21 | licensed as a
hospital or as an ambulatory surgery center under | ||||||
22 | the laws of another state
or that
qualifies as a hospital or an | ||||||
23 | ambulatory surgery center under regulations
adopted pursuant | ||||||
24 | to the Social Security Act and (ii) not licensed under the
| ||||||
25 | Ambulatory Surgical Treatment Center Act, the Hospital | ||||||
26 | Licensing Act, or the
Nursing Home Care Act. Affiliates of | ||||||
27 | out-of-state facilities shall be
considered out-of-state | ||||||
28 | facilities. Affiliates of Illinois licensed health
care | ||||||
29 | facilities 100% owned by an Illinois licensed health care | ||||||
30 | facility, its
parent, or Illinois physicians licensed to | ||||||
31 | practice medicine in all its
branches shall not be considered | ||||||
32 | out-of-state facilities. Nothing in
this definition shall be
| ||||||
33 | construed to include an office or any part of an office of a | ||||||
34 | physician licensed
to practice medicine in all its branches in | ||||||
35 | Illinois that is not required to be
licensed under the | ||||||
36 | Ambulatory Surgical Treatment Center Act.
|
| |||||||
| |||||||
1 | "Change of ownership of a health care facility" means a | ||||||
2 | change in the
person
who has ownership or
control of a health | ||||||
3 | care facility's physical plant and capital assets. A change
in | ||||||
4 | ownership is indicated by
the following transactions: sale, | ||||||
5 | transfer, acquisition, lease, change of
sponsorship, or other | ||||||
6 | means of
transferring control.
| ||||||
7 | "Related person" means any person that: (i) is at least 50% | ||||||
8 | owned, directly
or indirectly, by
either the health care | ||||||
9 | facility or a person owning, directly or indirectly, at
least | ||||||
10 | 50% of the health
care facility; or (ii) owns, directly or | ||||||
11 | indirectly, at least 50% of the
health care facility.
| ||||||
12 | "Charity care" means care provided by a health care | ||||||
13 | facility for which the provider does not expect to receive | ||||||
14 | payment from the patient or a third-party payer. | ||||||
15 | "Limited service provider" means a health care facility, as | ||||||
16 | defined in this Act, that focuses on a specific condition or | ||||||
17 | procedure, including, but not limited to, specialty hospitals, | ||||||
18 | pain centers, and imaging centers. | ||||||
19 | "Health Resource Plan" means the biennial Health Resource | ||||||
20 | Plan developed under Article 20 of the Healthy Illinois Act.
| ||||||
21 | (Source: P.A. 93-41, eff. 6-27-03; 93-766, eff. 7-20-04; | ||||||
22 | 93-935, eff. 1-1-05; 93-1031, eff. 8-27-04; 94-342, eff. | ||||||
23 | 7-26-05; revised 10-19-05.)
| ||||||
24 | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| ||||||
25 | (Section scheduled to be repealed on July 1, 2006)
| ||||||
26 | Sec. 12. Powers and duties of State Board. For purposes of | ||||||
27 | this Act,
the State Board
shall
exercise the following powers | ||||||
28 | and duties:
| ||||||
29 | (1) Prescribe rules,
regulations, standards, criteria, | ||||||
30 | procedures or reviews which may vary
according to the purpose | ||||||
31 | for which a particular review is being conducted
or the type of | ||||||
32 | project reviewed and which are required to carry out the
| ||||||
33 | provisions and purposes of this Act.
| ||||||
34 | (2) Adopt procedures for public
notice and hearing on all | ||||||
35 | proposed rules, regulations, standards,
criteria, and plans |
| |||||||
| |||||||
1 | required to carry out the provisions of this Act.
| ||||||
2 | (3) Prescribe criteria for
recognition for areawide health | ||||||
3 | planning organizations, including, but
not limited to, | ||||||
4 | standards for evaluating the scientific bases for
judgments on | ||||||
5 | need and procedure for making these determinations.
| ||||||
6 | (4) Develop criteria and standards for health care | ||||||
7 | facilities planning,
conduct statewide inventories of health | ||||||
8 | care facilities, maintain an updated
inventory on the | ||||||
9 | Department's web site reflecting the
most recent bed and | ||||||
10 | service
changes and updated need determinations when new census | ||||||
11 | data become available
or new need formulae
are adopted,
and
| ||||||
12 | develop health care facility plans which shall be utilized in | ||||||
13 | the review of
applications for permit under
this Act. Such | ||||||
14 | health facility plans shall be coordinated by the Agency
with | ||||||
15 | the health care facility plans areawide health planning
| ||||||
16 | organizations and with other pertinent State Plans.
| ||||||
17 | In developing health care facility plans, the State Board | ||||||
18 | shall consider,
but shall not be limited to, the following:
| ||||||
19 | (a) The size, composition and growth of the population | ||||||
20 | of the area
to be served;
| ||||||
21 | (b) The number of existing and planned facilities | ||||||
22 | offering similar
programs;
| ||||||
23 | (c) The extent of utilization of existing facilities;
| ||||||
24 | (d) The availability of facilities which may serve as | ||||||
25 | alternatives
or substitutes;
| ||||||
26 | (e) The availability of personnel necessary to the | ||||||
27 | operation of the
facility;
| ||||||
28 | (f) Multi-institutional planning and the establishment | ||||||
29 | of
multi-institutional systems where feasible;
| ||||||
30 | (g) The financial and economic feasibility of proposed | ||||||
31 | construction
or modification; and
| ||||||
32 | (h) In the case of health care facilities established | ||||||
33 | by a religious
body or denomination, the needs of the | ||||||
34 | members of such religious body or
denomination may be | ||||||
35 | considered to be public need ; and . | ||||||
36 | (i) The Health Resource Plan adopted by the Healthy |
| |||||||
| |||||||
1 | Illinois Authority.
| ||||||
2 | The health care facility plans which are developed and | ||||||
3 | adopted in
accordance with this Section shall form the basis | ||||||
4 | for the plan of the State
to deal most effectively with | ||||||
5 | statewide health needs in regard to health
care facilities.
| ||||||
6 | (5) Coordinate with other state agencies having | ||||||
7 | responsibilities
affecting health care facilities, including | ||||||
8 | those of licensure and cost
reporting.
| ||||||
9 | (6) Solicit, accept, hold and administer on behalf of the | ||||||
10 | State
any grants or bequests of money, securities or property | ||||||
11 | for
use by the State Board or recognized areawide health | ||||||
12 | planning
organizations in the administration of this Act; and | ||||||
13 | enter into contracts
consistent with the appropriations for | ||||||
14 | purposes enumerated in this Act.
| ||||||
15 | (7) The State Board shall prescribe, in
consultation with | ||||||
16 | the recognized
areawide health planning organizations, | ||||||
17 | procedures for review, standards,
and criteria which shall be | ||||||
18 | utilized
to make periodic areawide reviews and determinations | ||||||
19 | of the appropriateness
of any existing health services being | ||||||
20 | rendered by health care facilities
subject to the Act. The | ||||||
21 | State Board shall consider recommendations of the
areawide | ||||||
22 | health planning organization and the Agency in making its
| ||||||
23 | determinations.
| ||||||
24 | (8) Prescribe, in consultation
with the recognized | ||||||
25 | areawide health planning organizations, rules, regulations,
| ||||||
26 | standards, and criteria for the conduct of an expeditious | ||||||
27 | review of
applications
for permits for projects of construction | ||||||
28 | or modification of a health care
facility, which projects are | ||||||
29 | non-substantive in nature. Such rules shall
not abridge the | ||||||
30 | right of areawide health planning organizations to make
| ||||||
31 | recommendations on the classification and approval of | ||||||
32 | projects, nor shall
such rules prevent the conduct of a public | ||||||
33 | hearing upon the timely request
of an interested party. Such | ||||||
34 | reviews shall not exceed 60 days from the
date the application | ||||||
35 | is declared to be complete by the Agency.
| ||||||
36 | (9) Prescribe rules, regulations,
standards, and criteria |
| |||||||
| |||||||
1 | pertaining to the granting of permits for
construction
and | ||||||
2 | modifications which are emergent in nature and must be | ||||||
3 | undertaken
immediately to prevent or correct structural | ||||||
4 | deficiencies or hazardous
conditions that may harm or injure | ||||||
5 | persons using the facility, as defined
in the rules and | ||||||
6 | regulations of the State Board. This procedure is exempt
from | ||||||
7 | public hearing requirements of this Act.
| ||||||
8 | (10) Prescribe rules,
regulations, standards and criteria | ||||||
9 | for the conduct of an expeditious
review, not exceeding 60 | ||||||
10 | days, of applications for permits for projects to
construct or | ||||||
11 | modify health care facilities which are needed for the care
and | ||||||
12 | treatment of persons who have acquired immunodeficiency | ||||||
13 | syndrome (AIDS)
or related conditions.
| ||||||
14 | (Source: P.A. 93-41, eff. 6-27-03 .)
| ||||||
15 | Section 95-10. The State Finance Act is amended by adding | ||||||
16 | Section
5.663 as follows:
| ||||||
17 | (30 ILCS 105/5.663 new)
| ||||||
18 | Sec. 5.663. The Healthy Illinois Authority Fund.
| ||||||
19 | Section 95-15. The Illinois Insurance Code is amended by | ||||||
20 | adding Article XLV as follows: | ||||||
21 | (215 ILCS 5/Art. XLV heading new)
| ||||||
22 | ARTICLE XLV. HEALTH INSURANCE RATES | ||||||
23 | (215 ILCS 5/1502 new)
| ||||||
24 | Sec. 1502. Purpose. The purpose of this Article is to | ||||||
25 | promote the public welfare by regulating health insurance rates | ||||||
26 | to the end that they shall not be excessive, inadequate or | ||||||
27 | unfairly discriminatory, or erroneously applied and to | ||||||
28 | authorize and regulate cooperative action among companies in | ||||||
29 | rate making and in other matters within the scope of this | ||||||
30 | Article. It is the express intent of the General Assembly | ||||||
31 | pursuant to this Article to permit and encourage competition |
| |||||||
| |||||||
1 | between companies on a sound financial basis and to establish a | ||||||
2 | mechanism to ensure the provision of adequate insurance at | ||||||
3 | reasonable rates to the citizens of this State. This Article | ||||||
4 | shall be liberally interpreted to effectuate its purpose. | ||||||
5 | (215 ILCS 5/1503 new)
| ||||||
6 | Sec. 1503. Scope of Article. This Article applies to | ||||||
7 | health insurance. As used in this Article, "health insurance" | ||||||
8 | means the kinds of insurance described in clause (b) of Class 1 | ||||||
9 | and clause (a) of Class 2 of Section 4 of this Code. | ||||||
10 | (215 ILCS 5/1505 new)
| ||||||
11 | Sec. 1505. Definitions. As used in this Article: | ||||||
12 | "Director" means the Director of the Division of Insurance | ||||||
13 | of the Department of Financial and Professional Regulation. | ||||||
14 | "Division" means the Division of Insurance of the | ||||||
15 | Department of Financial and Professional Regulation. | ||||||
16 | (215 ILCS 5/1510 new)
| ||||||
17 | Sec. 1510. Making of Rates. | ||||||
18 | (a) Rate increases shall not be excessive, inadequate, or | ||||||
19 | unfairly discriminatory, and shall not be more than 6% without | ||||||
20 | adequate justification.
A rate in a competitive market is | ||||||
21 | presumed to be not excessive if it has not been increased by | ||||||
22 | more than 6% without adequate justification. A rate in a | ||||||
23 | noncompetitive market is excessive if it is likely to produce a | ||||||
24 | long run profit that is unreasonably high for the insurance | ||||||
25 | provided or if expenses are unreasonably high in relation to | ||||||
26 | the services rendered.
Unfair discrimination exists if, after | ||||||
27 | allowing for practical limitations, price differentials fail | ||||||
28 | to reflect equitably the differences in expected losses and | ||||||
29 | expenses. | ||||||
30 | (b) In making the determination of whether there is | ||||||
31 | adequate justification for a rate increase of more than 6%, the | ||||||
32 | Director shall, in accordance with generally accepted and | ||||||
33 | reasonable actuarial techniques, consider the following |
| |||||||
| |||||||
1 | factors: | ||||||
2 | (1) Past loss experience within and outside this State. | ||||||
3 | (2) Past expenses both allocated and unallocated. | ||||||
4 | (3) The degree of competition among insurers for the | ||||||
5 | risk insured. | ||||||
6 | (4) Investment income reasonably expected by the | ||||||
7 | insurer, consistent with
the insurer's investment | ||||||
8 | practices, from investable premiums anticipated in the
| ||||||
9 | filing, plus any other expected income from currently | ||||||
10 | invested assets representing
the amount expected on | ||||||
11 | unearned premium reserves and loss reserves. The
Division | ||||||
12 | may adopt rules utilizing reasonable techniques of | ||||||
13 | actuarial
science and economics to specify the manner in | ||||||
14 | which insurers shall calculate
investment income | ||||||
15 | attributable to classes of insurance written in this State
| ||||||
16 | and the manner in which the investment income shall be used | ||||||
17 | in the
calculation of insurance rates. | ||||||
18 | (5) The reasonableness of the judgment reflected in the | ||||||
19 | filing. | ||||||
20 | (6) Dividends, savings, or unabsorbed premium deposits | ||||||
21 | allowed or
returned to Illinois policyholders, members, or | ||||||
22 | subscribers. | ||||||
23 | (7) The adequacy of loss reserves. | ||||||
24 | (8) The cost of reinsurance. | ||||||
25 | (9) Trend factors, including trends to actual losses | ||||||
26 | per insured unit for
the insurer making the filing. | ||||||
27 | (10) A reasonable margin for profit and contingencies. | ||||||
28 | (11) Other relevant factors that impact upon the | ||||||
29 | frequency or severity
of claims or upon expenses. | ||||||
30 | Section 95-20. The Illinois Antitrust Act is amended by | ||||||
31 | changing Section 5 as follows:
| ||||||
32 | (740 ILCS 10/5) (from Ch. 38, par. 60-5)
| ||||||
33 | Sec. 5. No provisions of this Act shall be construed to | ||||||
34 | make illegal:
|
| |||||||
| |||||||
1 | (1) the activities of any labor organization or of | ||||||
2 | individual
members thereof which are directed solely to labor | ||||||
3 | objectives which are
legitimate under the laws of either the | ||||||
4 | State of Illinois or the United
States;
| ||||||
5 | (2) the activities of any agricultural or horticultural | ||||||
6 | cooperative
organization, whether incorporated or | ||||||
7 | unincorporated, or of individual
members thereof, which are | ||||||
8 | directed solely to objectives of such
cooperative | ||||||
9 | organizations which are legitimate under the laws of either
the | ||||||
10 | State of Illinois or the United States;
| ||||||
11 | (3) the activities of any public utility, as defined in | ||||||
12 | Section 3-105
of the Public Utilities Act to the extent that | ||||||
13 | such activities are
subject to a clearly articulated and | ||||||
14 | affirmatively expressed State policy to
replace competition | ||||||
15 | with regulation, where the conduct to be exempted is
actively | ||||||
16 | supervised by the State itself;
| ||||||
17 | (4) The activities of a telecommunications carrier, as | ||||||
18 | defined in Section
13-202 of the Public Utilities Act, to the | ||||||
19 | extent those activities relate to
the provision of | ||||||
20 | noncompetitive telecommunications services under the Public
| ||||||
21 | Utilities Act and are subject to the jurisdiction of the | ||||||
22 | Illinois Commerce
Commission or to the activities of telephone | ||||||
23 | mutual concerns referred to in
Section 13-202 of the Public | ||||||
24 | Utilities Act to the extent those activities
relate to the | ||||||
25 | provision and maintenance of telephone service to owners and
| ||||||
26 | customers;
| ||||||
27 | (5) the activities (including, but not limited to, the | ||||||
28 | making of
or
participating in joint underwriting or joint | ||||||
29 | reinsurance arrangement) of
any insurer, insurance agent, | ||||||
30 | insurance broker, independent insurance
adjuster or rating | ||||||
31 | organization to the extent that such activities are
subject to | ||||||
32 | regulation by the Director of Insurance of this State under,
or | ||||||
33 | are permitted or are authorized by, the Insurance Code or any | ||||||
34 | other
law of this State , except, however, that this Act shall | ||||||
35 | apply to the activities of any entity that provides health | ||||||
36 | insurance in this State, including a licensed insurance |
| |||||||
| |||||||
1 | company, a prepaid hospital or medical service plan, a health | ||||||
2 | maintenance organization, or any other entity providing a plan | ||||||
3 | of health insurance or health benefits subject to State | ||||||
4 | insurance regulation insofar as those activities relate to that | ||||||
5 | health insurance ;
| ||||||
6 | (6) the religious and charitable activities of any
| ||||||
7 | not-for-profit
corporation, trust or organization established | ||||||
8 | exclusively for religious
or charitable purposes, or for both | ||||||
9 | purposes;
| ||||||
10 | (7) the activities of any not-for-profit corporation | ||||||
11 | organized
to
provide telephone service on a mutual or | ||||||
12 | co-operative basis or
electrification on a co-operative basis, | ||||||
13 | to the extent such activities
relate to the marketing and | ||||||
14 | distribution of telephone or electrical
service to owners and | ||||||
15 | customers;
| ||||||
16 | (8) the activities engaged in by securities dealers who are | ||||||
17 | (i)
licensed by the State of Illinois or (ii) members of the | ||||||
18 | National
Association of Securities Dealers or (iii) members of | ||||||
19 | any National
Securities Exchange registered with the | ||||||
20 | Securities and Exchange
Commission under the Securities | ||||||
21 | Exchange Act of 1934, as amended, in the
course of their | ||||||
22 | business of offering, selling, buying and selling, or
otherwise | ||||||
23 | trading in or underwriting securities, as agent, broker, or
| ||||||
24 | principal, and activities of any National Securities Exchange | ||||||
25 | so
registered, including the establishment of commission rates | ||||||
26 | and
schedules of charges;
| ||||||
27 | (9) the activities of any board of trade designated as a
| ||||||
28 | "contract
market" by the Secretary of Agriculture of the United | ||||||
29 | States pursuant to
Section 5 of the Commodity Exchange Act, as | ||||||
30 | amended;
| ||||||
31 | (10) the activities of any motor carrier, rail carrier, or
| ||||||
32 | common
carrier by pipeline, as defined in the Common Carrier by | ||||||
33 | Pipeline
Law of the Public Utilities Act, to the extent that | ||||||
34 | such activities are permitted or authorized
by the Act or are | ||||||
35 | subject to regulation by the Illinois Commerce
Commission;
| ||||||
36 | (11) the activities of any state or national bank to the |
| |||||||
| |||||||
1 | extent
that
such activities are regulated or supervised by | ||||||
2 | officers of the state or
federal government under the banking | ||||||
3 | laws of this State or the United
States;
| ||||||
4 | (12) the activities of any state or federal savings and | ||||||
5 | loan
association to the extent that such activities are | ||||||
6 | regulated or
supervised by officers of the state or federal | ||||||
7 | government under the
savings and loan laws of this State or the | ||||||
8 | United States;
| ||||||
9 | (13) the activities of any bona fide not-for-profit
| ||||||
10 | association,
society or board, of attorneys, practitioners of | ||||||
11 | medicine, architects,
engineers, land surveyors or real estate | ||||||
12 | brokers licensed and regulated
by an agency of the State of | ||||||
13 | Illinois, in recommending schedules of
suggested fees, rates or | ||||||
14 | commissions for use solely as guidelines in
determining charges | ||||||
15 | for professional and technical services;
| ||||||
16 | (14) Conduct involving trade or commerce (other than import
| ||||||
17 | trade or
import commerce) with foreign nations unless:
| ||||||
18 | (a) such conduct has a direct, substantial, and | ||||||
19 | reasonably foreseeable
effect:
| ||||||
20 | (i) on trade or commerce which is not trade or | ||||||
21 | commerce with foreign
nations, or on import trade or | ||||||
22 | import commerce with foreign nations; or
| ||||||
23 | (ii) on export trade or export commerce with | ||||||
24 | foreign nations of a person
engaged in such trade or | ||||||
25 | commerce in the United States; and
| ||||||
26 | (b) such effect gives rise to a claim under the | ||||||
27 | provisions of this Act,
other than this subsection (14).
| ||||||
28 | (c) If this Act applies to conduct referred to in this | ||||||
29 | subsection (14)
only because of the provisions of paragraph | ||||||
30 | (a)(ii), then this Act shall
apply to such conduct only for | ||||||
31 | injury to export business in the United States
which | ||||||
32 | affects this State; or
| ||||||
33 | (15) the activities of a unit of local government or school
| ||||||
34 | district
and the activities of the employees, agents and | ||||||
35 | officers of a unit of local
government or school district.
| ||||||
36 | (Source: P.A. 90-185, eff. 7-23-97; 90-561, eff. 12-16-97.)
|
| |||||||
| |||||||
1 | ARTICLE 99. EFFECTIVE DATE
| ||||||
2 | Section 99-99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
|