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Rep. Karen May
Filed: 5/27/2005
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| AMENDMENT TO SENATE BILL 475
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| AMENDMENT NO. ______. Amend Senate Bill 475, AS AMENDED, |
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| with reference to page and line numbers of House Amendment No. |
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| 1, on page 6, by inserting after line 30 the following:
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| "(i)(1) Every company writing medical liability insurance |
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| in this State shall file with the Secretary of Financial and |
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| Professional Regulation a report setting forth all medical |
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| liability insurance premiums charged to each hospital in this |
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| State during the 2-year period ending on the day before the |
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| effective date of this amendatory Act of the 94th General |
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| Assembly, together with the number of insureds and any other |
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| information required by the Secretary in accordance with this |
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| subsection (i). Every company writing medical liability |
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| insurance in this State shall also file with the Secretary of |
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| Financial and Professional Regulation a report setting forth |
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| all medical liability insurance premiums charged to each |
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| hospital in this State during the 2-year period beginning on |
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| the effective date of this amendatory Act of the 94th General |
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| Assembly, together with the number of insureds and any other |
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| information required by the Secretary in accordance with this |
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| subsection (i).
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| (2) Every company writing medical liability insurance in |
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| this State shall file with the Secretary of Financial and |
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| Professional Regulation a report setting forth all medical |
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| liability insurance premiums charged to each physician and |
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| health care professional in this State during the 2-year period |
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LRB094 07024 WGH 47278 a |
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| ending on the day before the effective date of this amendatory |
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| Act of the 94th General Assembly, together with the number of |
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| insureds and any other information required by the Secretary in |
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| accordance with this subsection (i). Every company writing |
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| medical liability insurance in this State shall also file with |
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| the Secretary of Financial and Professional Regulation a report |
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| setting forth all medical liability insurance premiums charged |
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| to each physician and health care professional in this State |
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| during the 2-year period beginning on the effective date of |
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| this amendatory Act of the 94th General Assembly, together with |
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| the number of insureds and any other information required by |
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| the Secretary in accordance with this subsection (i).
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| (3) The Secretary of Financial and Professional Regulation |
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| shall adopt rules for the submission of reports required under |
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| paragraphs (1) and (2), for hearings and the submission of any |
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| other information that the Secretary deems appropriate for the |
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| purpose of making determinations under this subsection (i), for |
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| appropriate methods of determining average changes in premiums |
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| charged during the relevant periods, and for the carrying out |
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| of the Secretary's responsibilities under this subsection (i).
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| (4) Based on the information obtained by the Secretary of |
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| Financial and Professional Regulation under this subsection |
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| (i) and any other information available to the Secretary under |
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| this Code, the Secretary shall determine whether medical |
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| liability insurance premiums charged to each hospital in this |
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| State during the 2-year period beginning on the effective date |
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| of this amendatory Act of the 94th General Assembly have been |
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| reduced by at least 20%, on average, compared to medical |
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| liability insurance premiums charged to each hospital in this |
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| State during the 2-year period ending on the day before the |
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| effective date of this amendatory Act of the 94th General |
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| Assembly. If the Secretary determines that those medical |
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| liability insurance premiums have not been reduced by at least |
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| 20%, on average, the Secretary shall notify each company |
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LRB094 07024 WGH 47278 a |
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| writing medical liability insurance in this State of its |
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| determination.
If no review is sought, or upon the |
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| determination being upheld after exhaustion of any |
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| administrative or judicial remedies, the Secretary shall |
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| promptly with the Index Department of the Secretary of State |
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| file a written certification containing its determination.
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| (5) Based on the information obtained by the Secretary of |
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| Financial and Professional Regulation under this subsection |
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| (i) and any other information available to the Secretary under |
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| this Code, the Secretary shall determine whether medical |
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| liability insurance premiums charged to each physician and |
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| health care professional in this State during the 2-year period |
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| beginning on the effective date of this amendatory Act of the |
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| 94th General Assembly have been reduced by at least 20%, on |
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| average, compared to medical liability insurance premiums |
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| charged to each physician health care professional in this |
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| State during the 2-year period ending on the day before the |
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| effective date of this amendatory Act of the 94th General |
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| Assembly. If the Secretary determines that those medical |
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| liability insurance premiums have not been reduced by at least |
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| 20%, on average, the Secretary shall notify each company |
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| writing medical liability insurance in this State of its |
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| determination, which may be appealed in accordance with the |
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| Illinois Administrative Procedure Act.
If no review is sought, |
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| or upon the determination being upheld after exhaustion of any |
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| administrative or judicial remedies, the Secretary shall |
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| promptly with the Index Department of the Secretary of State |
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| file a written certification containing its determination."; |
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| and
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| on page 51, by inserting after line 25 the following: |
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| "(d) Notwithstanding any other provision of this Section, |
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| if the Secretary of Financial and Professional Regulation files |
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| a written certification with the Index Department of the |
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| Secretary of State under paragraph (4) of subsection (i) of |
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| Section 155.18 of the Illinois Insurance Code, the limit on |
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| non-economic damages in paragraph (1) of subsection (a) of this |
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| Section does not apply to any cause of action accruing on or |
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| after the date of filing of the written certification. |
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| "(e) Notwithstanding any other provision of this Section, |
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| if the Secretary of Financial and Professional Regulation files |
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| a written certification with the Index Department of the |
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| Secretary of State under paragraph (5) of subsection (i) of |
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| Section 155.18 of the Illinois Insurance Code, the limit on |
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| non-economic damages in paragraph (2) of subsection (a) of this |
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| Section does not apply to any cause of action accruing on or |
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| after the date of filing of the written certification.".
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