Rep. Margaret Croke

Filed: 5/14/2021

 

 


 

 


 
10200SB1905ham001LRB102 17280 JLS 26553 a

1
AMENDMENT TO SENATE BILL 1905

2    AMENDMENT NO. ______. Amend Senate Bill 1905 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Consumer Coverage Disclosure Act.
 
6    Section 5. Definitions. As used in this Act.
7    "Employee" means any individual permitted to work by an
8employer.
9    "Employer" means an individual, partnership, corporation,
10association, business, trust, person, or entity for whom
11employees are gainfully employed in Illinois and includes the
12State of Illinois, any State officer, department or agency,
13any unit of local government, and any school district.
 
14    Section 10. Required disclosures.
15    (a) An employer that provides group health insurance

 

 

10200SB1905ham001- 2 -LRB102 17280 JLS 26553 a

1coverage to its employees shall, upon hire, annually
2thereafter, and upon request from an employee, provide all
3employees eligible for the coverage a written list of the
4covered benefits included in the group health insurance
5coverage in a format that easily compares those covered
6benefits with the essential health insurance benefits required
7of individual health insurance coverage regulated by the State
8of Illinois.
9    (b) The Department of Insurance shall provide information
10outlining the essential health insurance benefits of
11individual health insurance coverage regulated by the State of
12Illinois, which an employer may use to inform eligible
13employees of benefits included or not included in their health
14insurance coverage.
15    (c) An employer may comply with the requirements of
16subsection (a) by providing the required information by email
17to its employees or providing the information on a website
18that an employee is able to regularly access.
 
19    Section 15. Enforcement. It is the duty of the Department
20of Labor to enforce the provisions of this Act.
21    The Department of Labor has the power to conduct
22inspections in connection with the administration and
23enforcement of this Act. Upon request of the Department of
24Labor, the employer shall demonstrate that each employee
25received the information required by Section 10 and maintain

 

 

10200SB1905ham001- 3 -LRB102 17280 JLS 26553 a

1records of providing such information for one year. Upon
2finding of a violation, the Department of Labor shall issue a
3notice to show cause giving the employer 30 days to comply.
4    If the employer does not comply within 30 days, the
5Department may impose a penalty as provided for in this Act.
6The Department shall conduct hearings in accordance with the
7Illinois Administrative Procedure Act upon written complaint
8of a violation of the Act made by an investigator of the
9Department or any interested person. After the hearing, if
10supported by the evidence, the Department may determine the
11amount of any civil penalty allowed by the Act.
 
12    Section 20. Review under Administrative Review Law. Any
13party to a proceeding under this Act may apply for and obtain
14judicial review of an order of the Department entered under
15this Act in accordance with the provisions of the
16Administrative Review Law, and the Department in proceedings
17under the Act may obtain an order from the court for the
18enforcement of its order.
 
19    Section 25. Penalties.
20    (a) The Department may impose civil penalties as follows:
21        (1) For an employer with fewer than 4 employees: a
22    penalty not to exceed $500 for a first offense; a penalty
23    not to exceed $1,000 for a second offense; and a penalty
24    not to exceed $3,000 for a third or subsequent offense.

 

 

10200SB1905ham001- 4 -LRB102 17280 JLS 26553 a

1        (2) For an employer with 4 or more employees: a
2    penalty not to exceed $1,000 for a first offense; a
3    penalty not to exceed $3,000 for a second offense; and a
4    penalty not to exceed $5,000 for a third or subsequent
5    offense.
6    (b) The appropriateness of the penalty to the size of the
7employer, the good faith efforts made by the employer to
8comply, and the gravity of the violation shall be considered
9in determining the amount of the civil penalty.
10    (c) The amount of the penalty, when finally determined,
11may be recovered in a civil action brought by the Director of
12Labor in any circuit court. In this litigation, the Director
13of Labor shall be represented by the Attorney General.
14    (d) Any administrative determination by the Department as
15to the amount of each penalty shall be final unless reviewed as
16provided in Section 20 of this Act.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".