Full Text of SB0475 94th General Assembly
SB0475ham002 94TH GENERAL ASSEMBLY
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Rep. Karen May
Filed: 5/27/2005
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09400SB0475ham002 |
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LRB094 07024 WGH 47278 a |
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| AMENDMENT TO SENATE BILL 475
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| AMENDMENT NO. ______. Amend Senate Bill 475, AS AMENDED, | 3 |
| with reference to page and line numbers of House Amendment No. | 4 |
| 1, on page 6, by inserting after line 30 the following:
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| " (i)(1) Every company writing medical liability insurance | 6 |
| in this State shall file with the Secretary of Financial and | 7 |
| Professional Regulation a report setting forth all medical | 8 |
| liability insurance premiums charged to each hospital in this | 9 |
| State during the 2-year period ending on the day before the | 10 |
| effective date of this amendatory Act of the 94th General | 11 |
| Assembly, together with the number of insureds and any other | 12 |
| information required by the Secretary in accordance with this | 13 |
| subsection (i). Every company writing medical liability | 14 |
| insurance in this State shall also file with the Secretary of | 15 |
| Financial and Professional Regulation a report setting forth | 16 |
| all medical liability insurance premiums charged to each | 17 |
| hospital in this State during the 2-year period beginning on | 18 |
| the effective date of this amendatory Act of the 94th General | 19 |
| Assembly, together with the number of insureds and any other | 20 |
| information required by the Secretary in accordance with this | 21 |
| subsection (i).
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| (2) Every company writing medical liability insurance in | 23 |
| this State shall file with the Secretary of Financial and | 24 |
| Professional Regulation a report setting forth all medical | 25 |
| liability insurance premiums charged to each physician and | 26 |
| 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 | 2 |
| Act of the 94th General Assembly, together with the number of | 3 |
| insureds and any other information required by the Secretary in | 4 |
| accordance with this subsection (i). Every company writing | 5 |
| medical liability insurance in this State shall also file with | 6 |
| the Secretary of Financial and Professional Regulation a report | 7 |
| setting forth all medical liability insurance premiums charged | 8 |
| to each physician and health care professional in this State | 9 |
| during the 2-year period beginning on the effective date of | 10 |
| this amendatory Act of the 94th General Assembly, together with | 11 |
| the number of insureds and any other information required by | 12 |
| the Secretary in accordance with this subsection (i).
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| (3) The Secretary of Financial and Professional Regulation | 14 |
| shall adopt rules for the submission of reports required under | 15 |
| paragraphs (1) and (2), for hearings and the submission of any | 16 |
| other information that the Secretary deems appropriate for the | 17 |
| purpose of making determinations under this subsection (i), for | 18 |
| appropriate methods of determining average changes in premiums | 19 |
| charged during the relevant periods, and for the carrying out | 20 |
| of the Secretary's responsibilities under this subsection (i).
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| (4) Based on the information obtained by the Secretary of | 22 |
| Financial and Professional Regulation under this subsection | 23 |
| (i) and any other information available to the Secretary under | 24 |
| this Code, the Secretary shall determine whether medical | 25 |
| liability insurance premiums charged to each hospital in this | 26 |
| State during the 2-year period beginning on the effective date | 27 |
| of this amendatory Act of the 94th General Assembly have been | 28 |
| reduced by at least 20%, on average, compared to medical | 29 |
| liability insurance premiums charged to each hospital in this | 30 |
| State during the 2-year period ending on the day before the | 31 |
| effective date of this amendatory Act of the 94th General | 32 |
| Assembly. If the Secretary determines that those medical | 33 |
| liability insurance premiums have not been reduced by at least | 34 |
| 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 | 2 |
| determination.
If no review is sought, or upon the | 3 |
| determination being upheld after exhaustion of any | 4 |
| administrative or judicial remedies, the Secretary shall | 5 |
| promptly with the Index Department of the Secretary of State | 6 |
| file a written certification containing its determination.
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| (5) Based on the information obtained by the Secretary of | 8 |
| Financial and Professional Regulation under this subsection | 9 |
| (i) and any other information available to the Secretary under | 10 |
| this Code, the Secretary shall determine whether medical | 11 |
| liability insurance premiums charged to each physician and | 12 |
| health care professional in this State during the 2-year period | 13 |
| beginning on the effective date of this amendatory Act of the | 14 |
| 94th General Assembly have been reduced by at least 20%, on | 15 |
| average, compared to medical liability insurance premiums | 16 |
| charged to each physician health care professional in this | 17 |
| State during the 2-year period ending on the day before the | 18 |
| effective date of this amendatory Act of the 94th General | 19 |
| Assembly. If the Secretary determines that those medical | 20 |
| liability insurance premiums have not been reduced by at least | 21 |
| 20%, on average, the Secretary shall notify each company | 22 |
| writing medical liability insurance in this State of its | 23 |
| determination, which may be appealed in accordance with the | 24 |
| Illinois Administrative Procedure Act.
If no review is sought, | 25 |
| or upon the determination being upheld after exhaustion of any | 26 |
| administrative or judicial remedies, the Secretary shall | 27 |
| promptly with the Index Department of the Secretary of State | 28 |
| file a written certification containing its determination. "; | 29 |
| and
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| on page 51, by inserting after line 25 the following: | 31 |
| " (d) Notwithstanding any other provision of this Section, | 32 |
| if the Secretary of Financial and Professional Regulation files | 33 |
| a written certification with the Index Department of the |
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| Secretary of State under paragraph (4) of subsection (i) of | 2 |
| Section 155.18 of the Illinois Insurance Code, the limit on | 3 |
| non-economic damages in paragraph (1) of subsection (a) of this | 4 |
| Section does not apply to any cause of action accruing on or | 5 |
| after the date of filing of the written certification. | 6 |
| " (e) Notwithstanding any other provision of this Section, | 7 |
| if the Secretary of Financial and Professional Regulation files | 8 |
| a written certification with the Index Department of the | 9 |
| Secretary of State under paragraph (5) of subsection (i) of | 10 |
| Section 155.18 of the Illinois Insurance Code, the limit on | 11 |
| non-economic damages in paragraph (2) of subsection (a) of this | 12 |
| Section does not apply to any cause of action accruing on or | 13 |
| after the date of filing of the written certification. ".
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