Full Text of SB1313 97th General Assembly
SB1313ham004 97TH GENERAL ASSEMBLY | Rep. Frank J. Mautino Filed: 11/7/2011
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| 1 | | AMENDMENT TO SENATE BILL 1313
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1313 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Employee Health Savings Account Law | 5 | | is amended by changing Sections 10-5 and 10-10 as follows: | 6 | | (5 ILCS 377/10-5)
| 7 | | Sec. 10-5. Definitions. As used in this Law: | 8 | | (a) "Deductible" means the total deductible of a high | 9 | | deductible health plan for an eligible individual and all the | 10 | | dependents of that eligible individual for a calendar year. | 11 | | (b) "Dependent" means a dependent as defined in Section 3 | 12 | | of the State Employees Group Insurance Act of 1971, provided | 13 | | that the dependent meets the definition of "dependent" under | 14 | | Section 152 of the Internal Revenue Code of 1986, determined | 15 | | without regard to subdivisions (b)(1), (b)(2), and (d)(1)(B) of | 16 | | that Section an eligible individual's spouse or child, as |
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| 1 | | defined in Section 152 of the Internal Revenue Code of 1986.
| 2 | | "Dependent" includes a party to a civil union, as defined under | 3 | | Section 10 of the Illinois Religious Freedom Protection and | 4 | | Civil Union Act . | 5 | | (c) "Eligible individual" means an employee, as defined in | 6 | | Section 3 of the State Employees Group Insurance Act of 1971, | 7 | | who contributes to health savings accounts on the employees' | 8 | | behalf, who: | 9 | | (1) is covered by a high deductible health plan | 10 | | individually or with dependents; and | 11 | | (2) is not covered under any health plan that is not a | 12 | | high deductible health plan, except for: | 13 | | (i) coverage for accidents; | 14 | | (ii) workers' compensation insurance; | 15 | | (iii) insurance for a specified disease or | 16 | | illness; | 17 | | (iv) insurance paying a fixed amount per day per | 18 | | hospitalization; and | 19 | | (v) tort liabilities; and | 20 | | (3) establishes a health savings account or on whose | 21 | | behalf the health savings account is
established ; . | 22 | | (4) is not entitled to Medicare; and | 23 | | (5) cannot be claimed as a dependent on another | 24 | | person's tax return. | 25 | | (d) "Employer" means a State agency, department, or other | 26 | | entity that employs an eligible individual. |
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| 1 | | (e) "Health savings account" or "account" means a trust or | 2 | | custodial account established under a State program | 3 | | exclusively to pay the qualified medical expenses of an | 4 | | eligible individual, or his or her dependents, that meets all | 5 | | of the following requirements:
| 6 | | (1) Except in the case of a rollover contribution, no | 7 | | contribution may be accepted: | 8 | | (A) unless it is in cash; or
| 9 | | (B) to the extent that the contribution, when added | 10 | | to the previous contributions to the Account for the | 11 | | calendar year, exceeds the lesser of (i) 100% of the | 12 | | eligible individual's deductible or (ii) the | 13 | | contribution level set for that year by the Internal | 14 | | Revenue Service. | 15 | | (2)
The trustee or custodian is a bank, an insurance | 16 | | company, or another person approved by the Director of | 17 | | Insurance.
| 18 | | (3) No part of the trust assets shall be invested in | 19 | | life insurance contracts. | 20 | | (4) The assets of the account shall not be commingled | 21 | | with other property except as allowed for under Individual | 22 | | Retirement Accounts. | 23 | | (5) Eligible individual's interest in the account is | 24 | | nonforfeitable. | 25 | | (f) "Health savings account program" or "program" means a | 26 | | program that includes all of the following:
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| 1 | | (1) Participation The purchase by an eligible | 2 | | individual in an employer-sponsored or by an employer of a | 3 | | high deductible health plan. | 4 | | (2) The contribution into a health savings account by | 5 | | an eligible individual or on behalf of an employee or by | 6 | | his or her employer. The total annual contribution may not | 7 | | exceed the amount of the deductible or the amounts listed | 8 | | in sub-item (B) of item (1) of subsection (e) (f) of this | 9 | | Section. | 10 | | (g) "High deductible" means: | 11 | | (1) In the case of self-only coverage, an annual | 12 | | deductible that is not less than the level set by the | 13 | | Internal Revenue Service and that, when added to the other | 14 | | annual out-of-pocket expenses required to be paid under the | 15 | | plan for covered benefits, does not exceed the maximum | 16 | | level set by the Internal Revenue Service $5,000 ; and
| 17 | | (2) In the case of family coverage, an annual | 18 | | deductible of not less than the level set by the Internal | 19 | | Revenue Service and that, when added to the other annual | 20 | | out-of-pocket expenses required to be paid under the plan | 21 | | for covered benefits, does not exceed the maximum level set | 22 | | by the Internal Revenue Service $10,000 .
| 23 | | A plan shall not fail to be treated as a high deductible | 24 | | plan by reason of a failure to have a deductible for preventive | 25 | | care or, in the case of network plans, for having out-of-pocket | 26 | | expenses that exceed these limits on an annual deductible for |
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| 1 | | services that are provided outside the network.
| 2 | | (h) "High deductible health plan" means a health coverage | 3 | | policy, certificate, or contract that provides for payments for | 4 | | covered benefits that exceed the high deductible. | 5 | | (i) "Qualified medical expense" means an expense paid by | 6 | | the eligible individual for medical care described in Section | 7 | | 213(d) of the Internal Revenue Code of 1986.
| 8 | | (Source: P.A. 97-142, eff. 7-14-11.) | 9 | | (5 ILCS 377/10-10)
| 10 | | Sec. 10-10. Application; authorized contributions. | 11 | | (a) Beginning in calendar taxable year 2012 2011 , each | 12 | | employer shall make available to each eligible individual a | 13 | | health savings account program, if that individual chooses to | 14 | | enroll in the program except that, for an employer who provides | 15 | | coverage pursuant to any one or more of subsections (i) through | 16 | | (n) of Section 10 of the State Employee Group Insurance Act, | 17 | | that employer may make available a health savings account | 18 | | program . An employer who makes a health savings account program | 19 | | available shall annually deposit an amount equal to one-third | 20 | | of the annual deductible $2,750 annually into an eligible | 21 | | individual's health savings account. Unused funds in a health | 22 | | savings account shall become the property of the account holder | 23 | | at the end of a taxable year. | 24 | | (b) Beginning in calendar taxable year 2012 2011 , an | 25 | | eligible individual may deposit contributions into a health |
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| 1 | | savings account in accordance with the restrictions set forth | 2 | | in subsection (e) of Section 10-5 . The amount of deposit may | 3 | | not exceed the amount of the deductible for the policy.
| 4 | | (Source: P.A. 97-142, eff. 7-14-11.) | 5 | | Section 10. The Illinois Insurance Code is amended by | 6 | | adding Section 500-123 as follows: | 7 | | (215 ILCS 5/500-123 new) | 8 | | Sec. 500-123. Insurance consulting. | 9 | | (a) The relationship between an insurance consultant and | 10 | | the person or public entity that retains the insurance | 11 | | consultant is a fiduciary relationship. Pursuant to this | 12 | | relationship, the insurance consultant shall perform its | 13 | | duties solely in the interest of the person or public entity | 14 | | and for the exclusive purpose of providing benefits to the | 15 | | person or public entity. | 16 | | (b) A producer shall be prohibited from selling, | 17 | | soliciting, or negotiating insurance or limited lines | 18 | | insurance if the producer, an employee or contractor of the | 19 | | producer, or the producer's employer has been an insurance | 20 | | consultant for the purchaser or prospective purchaser within | 21 | | the previous 5 years concerning the insurance or limited lines | 22 | | insurance being sold, solicited, or negotiated. | 23 | | (c) The following provisions shall apply concerning | 24 | | violations of this Section: |
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| 1 | | (1) In the event of a violation of subsection (b) of | 2 | | this Section where the purchaser is a public entity, any | 3 | | contract for insurance or limited lines insurance entered | 4 | | into in violation of subsection (b) of this Section is void | 5 | | unless, within 30 days after discovery of the violation, | 6 | | the governing council or board of the public entity or, if | 7 | | none, then the head of the public entity certifies in | 8 | | writing that, notwithstanding the violation, it is in the | 9 | | public interest to continue the contract. Any such action | 10 | | taken by a governing council or board shall be by a | 11 | | three-fifths vote of the members elected or appointed and | 12 | | shall take place in a public hearing or meeting. The | 13 | | certification shall be posted on the public entity's | 14 | | Internet website and shall be transmitted, in the case of a | 15 | | statewide public entity, to the Secretary of State and, in | 16 | | all other cases, to the clerk of the county in which the | 17 | | public entity's principal place of operations is located. | 18 | | (2) In the event of a violation of this Section where | 19 | | the purchaser or prospective purchaser is a public entity, | 20 | | any contract between the public entity and the insurance | 21 | | consultant that committed the violation is void. | 22 | | (3) In the event of a violation of this Section where | 23 | | the purchaser or prospective purchaser is a person, the | 24 | | person may, notwithstanding the contract's terms, rescind | 25 | | any contract entered into for insurance or limited lines | 26 | | insurance in violation of subsection (b) of this Section |
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| 1 | | and any contract with the insurance consultant that | 2 | | committed the violation. | 3 | | (4) In addition to any other cause of action that may | 4 | | accrue, any knowing violation of this Section constitutes a | 5 | | violation of the Consumer Fraud and Deceptive Business | 6 | | Practices Act. | 7 | | (d) For the purposes of this Section: | 8 | | "Insurance consultant" means any person who, for | 9 | | compensation, advises, counsels, consults, or otherwise | 10 | | provides information to any person or public entity concerning | 11 | | the purchase, retention, exchange, surrender, exercise of | 12 | | rights, or disposition of insurance or limited lines insurance | 13 | | contracts. "Insurance consultant" does not include attorneys | 14 | | licensed or otherwise authorized to practice in this State who | 15 | | are engaged in the practice of law. | 16 | | "Producer" means an insurance producer, limited lines | 17 | | producer, or temporary insurance producer. | 18 | | Section 15. The Illinois Health Benefits Exchange Law is | 19 | | amended by adding Sections 5-4, 5-5, 5-8, 5-11, 5-12, 5-13, | 20 | | 5-14, 5-17, and 5-18 and by changing Section 5-10 as follows: | 21 | | (215 ILCS 122/5-4 new) | 22 | | Sec. 5-4. Definitions. For purposes of this Law: | 23 | | "Board" means the Illinois Health Benefits Exchange Board | 24 | | established pursuant to this Law. |
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| 1 | | "Director" means the Director of Insurance. | 2 | | "Educated health care consumer" means an individual who is | 3 | | knowledgeable about the health care system and has a background | 4 | | or experience in making informed decisions regarding health, | 5 | | medical, and scientific matters. | 6 | | "Employee" has the meaning given that term in the Illinois | 7 | | Health Insurance Portability and Accountability Act. | 8 | | "Essential community provider" means a health care | 9 | | provider that serves predominately low-income, | 10 | | medically-underserved
individuals, such as health care | 11 | | providers as defined in Section 340B(a)(4) of the federal | 12 | | Public Health Service Act. | 13 | | "Essential health benefits" has the meaning provided under | 14 | | Section 1302(b) of the Federal Act. | 15 | | "Exchange" means the Illinois Health Benefits Exchange | 16 | | established by this Law and includes the Individual Exchange | 17 | | and the SHOP Exchange, unless otherwise specified. | 18 | | "Executive Director" means the Executive Director of the | 19 | | Illinois Health Benefits Exchange. | 20 | | "Federal Act" means the federal Patient Protection and | 21 | | Affordable Care Act (Public Law 111-148), as amended by the | 22 | | federal Health Care and Education Reconciliation Act of 2010 | 23 | | (Public Law 111-152), and any amendments thereto or regulations | 24 | | or guidance issued under those Acts. | 25 | | "Health benefit plan" means a policy, contract, | 26 | | certificate, or agreement offered or issued by a health carrier |
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| 1 | | to provide, deliver, arrange for, pay for, or reimburse any of | 2 | | the costs of health care services. "Health benefit plan" does | 3 | | not include the following excepted benefits as set forth in | 4 | | Section 2791(c) of the federal Public Health Service Act: | 5 | | (1) benefits not subject to requirements: | 6 | | (a) coverage for accident only or disability | 7 | | income insurance or any combination thereof; | 8 | | (b) coverage issued as a supplement to liability | 9 | | insurance; | 10 | | (c) liability insurance, including general | 11 | | liability insurance and automobile liability | 12 | | insurance; | 13 | | (d) workers' compensation or similar insurance; | 14 | | (e) automobile medical payment insurance; | 15 | | (f) credit-only insurance; | 16 | | (g) coverage for on-site medical clinics; or | 17 | | (h) other similar insurance coverage, specified in | 18 | | federal regulations issued pursuant to Pub. L. No. | 19 | | 104-191, under which benefits for health care services | 20 | | are secondary or incidental to other insurance | 21 | | benefits; | 22 | | (2) benefits not subject to requirements if offered | 23 | | separately: | 24 | | (a) limited scope dental or vision benefits; | 25 | | (b) benefits for long-term care, nursing home | 26 | | care,
home health care, community-based care, or any |
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| 1 | | combination
thereof; or | 2 | | (c) such other similar, limited benefits as are | 3 | | specified
in regulations; | 4 | | (3) benefits not subject to requirements if offered as | 5 | | independent, noncoordinated benefits: | 6 | | (a) coverage only for a specified disease or | 7 | | illness; or | 8 | | (b) hospital indemnity or other fixed indemnity | 9 | | insurance; or | 10 | | (4) benefits not subject to requirements if offered as | 11 | | a separate insurance policy; Medicare supplemental
health | 12 | | insurance (as defined under Section 1882(g)(1) of the | 13 | | federal Social
Security Act), coverage supplemental to the | 14 | | coverage provided
under Chapter 55 of Title 10, United | 15 | | States Code, and
similar supplemental coverage provided to | 16 | | coverage under a
group health plan. | 17 | | "Health carrier" or "carrier" means an entity subject to | 18 | | the insurance laws and regulations of this State, or subject to | 19 | | the jurisdiction of the Director, that contracts or offers to | 20 | | contract to provide, deliver, arrange for, pay for, or | 21 | | reimburse any of the costs of health care services, including a | 22 | | sickness and accident insurance company, a health maintenance | 23 | | organization, a non-profit hospital and health service | 24 | | corporation, or any other entity providing a plan of health | 25 | | insurance, health benefits, or health services. | 26 | | "Individual Exchange" means the exchange marketplace |
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| 1 | | established by this Law through which qualified individuals may | 2 | | obtain coverage through an individual market qualified health | 3 | | plan. | 4 | | "Principal place of business" means the location in a state | 5 | | where an employer has its headquarters or significant place of | 6 | | business and where the persons with direction and control | 7 | | authority over the business are employed. | 8 | | "Qualified dental plan" means a limited scope dental plan | 9 | | that has been certified in accordance with this Law. | 10 | | "Qualified employee" means an eligible individual employed | 11 | | by a qualified employer who has been offered health insurance | 12 | | coverage by that qualified employer through the SHOP on the | 13 | | Exchange. | 14 | | "Qualified employer" means a small employer that elects to | 15 | | make its full-time employees eligible for one or more qualified | 16 | | health plans or qualified dental plans offered through the SHOP | 17 | | Exchange, and at the option of the employer, some or all of its | 18 | | part-time employees, provided that the employer has its | 19 | | principal place of business in this State and elects to provide | 20 | | coverage through the SHOP Exchange to all of its eligible | 21 | | employees, wherever employed. | 22 | | "Qualified health plan" or "QHP" means a health benefit | 23 | | plan that has in effect a certification that the plan meets the | 24 | | criteria for certification described in Section 1311(c) of the | 25 | | Federal Act. | 26 | | "Qualified health plan issuer" or "QHP issuer" means a |
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| 1 | | health insurance issuer that offers a health plan that the | 2 | | Exchange has certified as a qualified health plan. | 3 | | "Qualified individual" means an individual, including a | 4 | | minor, who: | 5 | | (i) is seeking to enroll in a qualified health plan or | 6 | | qualified dental plan offered to individuals through the | 7 | | Exchange; | 8 | | (ii) resides in this State; | 9 | | (iii) at the time of enrollment, is not incarcerated, | 10 | | other than incarceration pending the disposition of | 11 | | charges; and | 12 | | (iv) is, and is reasonably expected to be, for the | 13 | | entire period for which enrollment is sought, a citizen or | 14 | | national of the United States or an alien lawfully present | 15 | | in the United States. | 16 | | "Secretary" means the Secretary of the federal Department | 17 | | of Health and Human Services. | 18 | | "SHOP Exchange" means the Small Business Health Options | 19 | | Program established under this Law through which a qualified | 20 | | employer can provide small group qualified health plans to its | 21 | | qualified employees. | 22 | | "Small employer" means, in connection with a group health | 23 | | plan with respect to a calendar year and a plan year, an | 24 | | employer who employed an average of at least 2 but not more | 25 | | than 50 employees on business days during the preceding | 26 | | calendar year and who employs at least one employee on the |
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| 1 | | first day of the plan year. Beginning January 1, 2016, the | 2 | | definition of a "small employer" shall mean, in connection with | 3 | | a group health plan with respect to a calendar year and a plan | 4 | | year, an employer who employed an average of at least 2 but not | 5 | | more than 100 employees on business days during the preceding | 6 | | calendar year and who employs at least one employee on the | 7 | | first day of the plan year.
For purposes of this definition: | 8 | | (a) all persons treated as a single employer under | 9 | | subsection (b), (c), (m), or (o) of Section 414 of the | 10 | | federal Internal Revenue Code of 1986 shall be treated as a | 11 | | single employer; | 12 | | (b) an employer and any predecessor employer shall be | 13 | | treated as a single employer; | 14 | | (c) employees shall be counted in accordance with | 15 | | federal law and regulations and State law and regulations; | 16 | | (d) if an employer was not in existence throughout the | 17 | | preceding calendar year, then the determination of whether | 18 | | that employer is a small employer shall be based on the | 19 | | average number of employees that is reasonably expected | 20 | | that the employer will employ on business days in the | 21 | | current calendar year; and | 22 | | (e) an employer that makes enrollment in qualified | 23 | | health plans or qualified dental plans available to its | 24 | | employees through the SHOP Exchange and would cease to be a | 25 | | small employer by reason of an increase in the number of | 26 | | its employees shall continue to be treated as a small |
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| 1 | | employer for purposes of this Law as long as it | 2 | | continuously makes enrollment through the SHOP Exchange | 3 | | available to its employees. | 4 | | (215 ILCS 122/5-5)
| 5 | | Sec. 5-5. Establishment of a State Health Benefits Exchange | 6 | | State health benefits exchange . | 7 | | (a) It is declared that this State, beginning October 1, | 8 | | 2013, in accordance with Section 1311 of the federal Patient | 9 | | Protection and Affordable Care Act, shall establish a State | 10 | | health benefits exchange to be known as the Illinois Health | 11 | | Benefits Exchange in order to help individuals and small | 12 | | employers with no more than 50 employees shop for, select, and | 13 | | enroll in qualified, affordable private health plans that fit | 14 | | their needs at competitive prices. The Exchange shall separate | 15 | | coverage pools for individuals and small employers and shall | 16 | | supplement and not supplant any existing private health | 17 | | insurance market for individuals and small employers.
| 18 | | (b) There is hereby created a political subdivision, body | 19 | | politic and corporate named the Illinois Health Benefits | 20 | | Exchange that is not a State agency. | 21 | | (c) The Exchange shall be comprised of an individual and a | 22 | | small business health options (SHOP) exchange. Pursuant to | 23 | | Section 1311(b)(2) of the Federal Act, the Exchange shall | 24 | | provide individual exchange services to qualified individuals | 25 | | and SHOP exchange services to qualified employers under a |
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| 1 | | single governance and administrative structure. | 2 | | (d) The Exchange shall not duplicate or replace the | 3 | | regulatory functions of the Department of Insurance, | 4 | | including, but not limited to, the Department of Insurance's | 5 | | rate review authority. | 6 | | (Source: P.A. 97-142, eff. 7-14-11.) | 7 | | (215 ILCS 122/5-10)
| 8 | | Sec. 5-10. Exchange functions. | 9 | | (a) On or before January 1, 2014, in compliance with | 10 | | paragraph (4) of subdivision (d) of Section 1311 of the federal | 11 | | Patient Protection and Affordable Care Act, the Exchange shall, | 12 | | at a minimum, do all of the following to implement Section 1311 | 13 | | of the federal Patient Protection and Affordable Care Act: | 14 | | (1) Make qualified health plans available to qualified | 15 | | individuals and qualified employers. | 16 | | (2) Implement procedures for the certification, | 17 | | recertification, and decertification, consistent with | 18 | | guidelines established by the U.S. Secretary of Health and | 19 | | Human Services, of health plans as qualified health plans. | 20 | | The Board shall require health plans seeking certification | 21 | | as qualified health plans to do all of the following: | 22 | | (A) Submit a justification for any premium | 23 | | increase prior to the implementation of the increase. | 24 | | The plans shall prominently post that information on | 25 | | their Internet web sites. The Board shall take this |
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| 1 | | information, and the information and the | 2 | | recommendations provided to the Board by the | 3 | | Department of Insurance or the Department of Managed | 4 | | Health Care under paragraph (1) of subdivision (b) of | 5 | | Section 2794 of the federal Public Health Service Act, | 6 | | into consideration when determining whether to make | 7 | | the health plan available through the Exchange. The | 8 | | Board shall take into account any excess of premium | 9 | | growth outside the Exchange as compared to the rate of | 10 | | that growth inside the Exchange, including information | 11 | | reported by the Department of Insurance and the | 12 | | Department of Managed Health Care. | 13 | | (B) Make available to the public and submit to the | 14 | | Board, the U.S. Secretary of Health and Human Services, | 15 | | and the Department of Insurance or the Department of | 16 | | Public Health, as applicable, accurate and timely | 17 | | disclosure of the following information: | 18 | | (i) Claims payment policies and practices. | 19 | | (ii) Periodic financial disclosures. | 20 | | (iii) Data on enrollment. | 21 | | (iv) Data on disenrollment. | 22 | | (v) Data on the number of claims that are | 23 | | denied. | 24 | | (vi) Data on rating practices. | 25 | | (vii) Information on cost sharing and payments | 26 | | with respect to any out-of-network coverage. |
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| 1 | | (viii) Information on enrollee and participant | 2 | | rights under Title I of the federal Patient | 3 | | Protection and Affordable Care Act. | 4 | | (ix) Other information as determined | 5 | | appropriate by the U.S. Secretary of Health and | 6 | | Human Services. | 7 | | The information required under this paragraph (b) | 8 | | shall be provided in plain language, as defined in | 9 | | subparagraph (B) of paragraph (3) of subdivision (e) of | 10 | | Section 1311 of the federal Patient Protection and | 11 | | Affordable Care Act. | 12 | | (C) Permit individuals to learn, in a timely manner | 13 | | upon the request of the individual, the amount of cost | 14 | | sharing, including, but not limited to, deductibles, | 15 | | copayments, and coinsurance, under the individual's | 16 | | plan or coverage that the individual would be | 17 | | responsible for paying with respect to the furnishing | 18 | | of a specific item or service by a participating | 19 | | provider. At a minimum, this information shall be made | 20 | | available to the individual through an Internet web | 21 | | site and through other means for individuals without | 22 | | access to the Internet. | 23 | | (3) Provide for the operation of a toll-free telephone | 24 | | hotline to respond to requests for assistance. | 25 | | (4) Maintain an Internet web site through which | 26 | | enrollees and prospective enrollees of qualified health |
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| 1 | | plans may obtain standardized comparative information on | 2 | | those plans. | 3 | | (5) With respect to each qualified health plan offered | 4 | | through the Exchange, do both of the following: | 5 | | (A) assign a rating to each qualified health plan | 6 | | offered through the
Exchange in accordance with the | 7 | | criteria developed by the U.S. Secretary of Health and | 8 | | Human Services; and | 9 | | (B) determine each qualified health plan's level | 10 | | of coverage in accordance with regulations adopted by | 11 | | the Secretary under paragraph (A) of subdivision (2) of | 12 | | Section 1302(d) of the federal Patient Protection and | 13 | | Affordable Care Act and any additional regulations | 14 | | adopted by the Exchange under this Law. | 15 | | (6) Utilize a standardized format for presenting | 16 | | health benefits plan
options in the Exchange, including the | 17 | | use of the uniform outline of coverage established under | 18 | | Section 2715 of the federal Public Health Service Act. | 19 | | (7) Inform individuals of eligibility requirements for | 20 | | the Medicaid program, the Covering ALL KIDS Health | 21 | | Insurance Program, or any applicable State or local public | 22 | | program and, if through screening of the application by the | 23 | | Exchange the Exchange determines that an individual is | 24 | | eligible for any such program, enroll that individual in | 25 | | the program. | 26 | | (8) Establish and make available by electronic means a |
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| 1 | | calculator to determine the actual cost of coverage after | 2 | | the application of any premium tax credit under Section 36B | 3 | | of the Internal Revenue Code of 1986 and any cost sharing | 4 | | reduction under Section 1402 of the federal Patient | 5 | | Protection and Affordable Care Act. | 6 | | (9) Grant a certification attesting that, for purposes | 7 | | of the individual responsibility penalty under Section | 8 | | 5000A of the Internal Revenue Code of 1986, an individual | 9 | | is exempt from the individual requirement or from the | 10 | | penalty imposed by that Section because of either of the | 11 | | following: | 12 | | (A) There is no affordable qualified health plan | 13 | | available through the Exchange or the individual's | 14 | | employer covering the individual. | 15 | | (B) The individual meets the requirements for any | 16 | | other exemption from the individual responsibility | 17 | | requirement or penalty. | 18 | | (10) Transfer to the Secretary of the Treasury all of | 19 | | the following: | 20 | | (A) a list of the individuals who are issued a | 21 | | certification, including the name and taxpayer | 22 | | identification number of each individual; | 23 | | (B) the name and taxpayer identification number of | 24 | | each individual who was an employee of an employer but | 25 | | who was determined to be eligible for the premium tax | 26 | | credit under Section 36B of the Internal Revenue Code |
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| 1 | | of 1986 because: | 2 | | (i) the employer did not provide the minimum | 3 | | essential coverage or the employer provided the | 4 | | minimum essential coverage but it was determined | 5 | | under item (C) of paragraph (2) of subdivision (c) | 6 | | of Section 36B of the Code to either be | 7 | | unaffordable to the employee or not provide the | 8 | | required minimum actuarial value; and | 9 | | (ii) the name and taxpayer identification | 10 | | number of each individual who notifies the | 11 | | Exchange under paragraph (4) of subdivision (b) of | 12 | | Section 1411 of the federal Patient Protection and | 13 | | Affordable Care Act that they have changed | 14 | | employers and of each individual who ceases | 15 | | coverage under a qualified health plan during a | 16 | | plan year, and the effective date of such | 17 | | cessation; | 18 | | (11) Provide to each employer the name of each employee | 19 | | of the employer described in subdivision (i) of Section | 20 | | 1311 of the federal Patient Protection and Affordable Care | 21 | | Act who ceases coverage under a qualified health plan | 22 | | during a plan year and the effective date of that | 23 | | cessation. | 24 | | (12) Perform duties required of, or delegated to, the | 25 | | Exchange by the U.S. Secretary of Health and Human Services | 26 | | or the Secretary of the Treasury related to the following: |
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| 1 | | (A) Determining eligibility for premium tax | 2 | | credits, reduced cost sharing, or individual | 3 | | responsibility exemptions. | 4 | | (B) Establishing procedures necessary for the | 5 | | operation of the program, including, but not limited | 6 | | to, procedures for application, enrollment, risk | 7 | | assessment, risk adjustment, plan administration, | 8 | | performance monitoring, and consumer education. | 9 | | (C) Arranging for collection of contributions from | 10 | | participating employers and individuals. | 11 | | (D) Arranging for payment of premiums and other | 12 | | appropriate disbursements based on the selections of | 13 | | products and services by the individual participants. | 14 | | (E) Establishing criteria for disenrollment of | 15 | | participating individuals based on failure to pay the | 16 | | individual's share of any contribution required to | 17 | | maintain enrollment in selected products. | 18 | | (F) Establishing criteria for exclusion of | 19 | | vendors. | 20 | | (G) Developing and implementing a plan for | 21 | | promoting public awareness of and participation in the | 22 | | program. | 23 | | (H) Evaluating options for employer participation | 24 | | which may conform with common insurance practices. | 25 | | (I) Providing for initial, annual, and special | 26 | | enrollment periods, in accordance with guidelines |
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| 1 | | adopted by the Secretary under paragraph (6) of | 2 | | subdivision (c) of Section 1311 of the federal Patient | 3 | | Protection and Affordable Care Act. | 4 | | (13) Establish the Navigator Program in accordance | 5 | | with subdivision (i) of Section 1311 of the federal Patient | 6 | | Protection and Affordable Care Act. The Exchange shall | 7 | | award grants to certain entities to do the following: | 8 | | (A) Conduct public education activities to raise | 9 | | awareness of the availability of qualified health | 10 | | plans. | 11 | | (B) Distribute fair and impartial information | 12 | | concerning enrollment in qualified health plans and | 13 | | the availability of premium tax credits under Section | 14 | | 36B of the Internal Revenue Code of 1986 and | 15 | | cost-sharing reductions under Section 1402 of the | 16 | | federal Patient Protection and Affordable Care Act. | 17 | | (C) Facilitate enrollment in qualified health | 18 | | plans. | 19 | | (D) Provide referrals to any applicable office of | 20 | | health insurance consumer assistance or health | 21 | | insurance ombudsman established under Section 2793 of | 22 | | the federal Public Health Service Act, or any other | 23 | | appropriate State agency or agencies, for any enrollee | 24 | | with a grievance, complaint, or question regarding his | 25 | | or her health plan, coverage, or a determination under | 26 | | that plan or coverage. |
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| 1 | | (E) Refer individuals with a grievance, complaint, | 2 | | or question regarding a plan, a plan's coverage, or a | 3 | | determination under a plan's coverage to a customer | 4 | | relations unit established by the Exchange. | 5 | | (F) Provide information in a manner that is | 6 | | culturally and linguistically appropriate to the needs | 7 | | of the population being served by the Exchange. | 8 | | (14) Establish the Small Business Health Options | 9 | | Program, separate from the activities of the Board related | 10 | | to the individual market, to assist qualified small | 11 | | employers in facilitating the enrollment of their | 12 | | employees in qualified health plans offered through the | 13 | | Exchange in the small employer market in a manner | 14 | | consistent with paragraph (2) of subdivision (a) of Section | 15 | | 1312 of the Federal Act. The Illinois Health Benefits | 16 | | Exchange shall meet the core functions identified by | 17 | | Section 1311 of the Patient Protection and Affordable Care | 18 | | Act and subsequent federal guidance and regulations. | 19 | | (b) In order to meet the deadline of October 1, 2013 | 20 | | established by federal law to have operational a State | 21 | | exchange, the Department of Insurance
and the Commission on | 22 | | Governmental Forecasting and Accountability is authorized to | 23 | | apply for, accept, receive, and use as appropriate
for and on | 24 | | behalf of the State any grant money provided by the
federal | 25 | | government and to share federal grant funding with, give | 26 | | support to,
and coordinate with other agencies of the State and |
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| 1 | | federal government
or third parties as determined by the | 2 | | Governor , until the Board has the ability to do so, at which | 3 | | time the Board is authorized to apply for, accept, receive, and | 4 | | use as appropriate for and on behalf of the State any grant | 5 | | money provided by the federal government and to share federal | 6 | | grant funding with, give support to, and coordinate with other | 7 | | agencies of the State and federal government or third parties | 8 | | pursuant to Section 5-11 of this Law .
| 9 | | (Source: P.A. 97-142, eff. 7-14-11.) | 10 | | (215 ILCS 122/5-11 new) | 11 | | Sec. 5-11. Board powers and authorities. | 12 | | (a) In addition to powers set forth elsewhere in this Law, | 13 | | the Board is authorized do the following: | 14 | | (1) Have perpetual successions as a political | 15 | | subdivision, body politic and corporate and adopt bylaws, | 16 | | rules, and regulations to carry out the provisions of this | 17 | | Law. The bylaws may permit the Board to meet by | 18 | | telecommunication or electronic communication. | 19 | | (2) Adopt an official seal and alter the same at | 20 | | pleasure. | 21 | | (3) Maintain an office in the State at such place or | 22 | | places as it may designate. | 23 | | (4) Acquire, lease, purchase, own, manage, hold, and | 24 | | dispose of real and personal property. | 25 | | (5) Apply for, accept, and spend as appropriate any |
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| 1 | | federal or State grant money made available through or | 2 | | pursuant to the Affordable Care Act or any other federal or | 3 | | State-related opportunity in order to assist the Board as | 4 | | it implements the provisions of this Law. | 5 | | (6) Enter into contracts or intergovernmental | 6 | | cooperation agreements as are necessary or proper to carry | 7 | | out the provisions and purposes or perform any of the | 8 | | functions described in this Law. | 9 | | (7) Enter into commercial, banking, and financial | 10 | | arrangements as needed to manage the day—to—day operations | 11 | | of the Exchange. | 12 | | (8) Take or defend any legal actions necessary to | 13 | | effectuate the purposes of this Law. | 14 | | (9) Charge assessments to generate funding necessary | 15 | | to support the operation of the Exchange (assessments or | 16 | | fees charged to carriers shall not include any amount based | 17 | | on coverage, or premiums associated with such coverage, | 18 | | that is defined as an "excepted benefit" under Section | 19 | | 2791(c) of the Public Health Service Act (42 U.S.C. | 20 | | 300gg-91)). | 21 | | (10) Create an administration fund under direction of | 22 | | the Board and management by the Executive Director to: | 23 | | (A) fund administrative and any other expenses of | 24 | | the Exchange; and | 25 | | (B) receive and deposit into the administration | 26 | | fund any money collected or received by the Board |
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| 1 | | pursuant to this Law. | 2 | | (215 ILCS 122/5-12 new) | 3 | | Sec. 5-12. Exchange governance. | 4 | | (a) The governing and administrative powers of the Exchange | 5 | | shall be vested in a body known as the Illinois Health Benefits | 6 | | Exchange Board. The following provisions shall apply: | 7 | | (1) The Board shall consist of 9 voting members, seven | 8 | | of whom shall be appointed by the Governor and 2 of whom | 9 | | shall be appointed by the Attorney General. Board | 10 | | Appointees shall be subject to the advice and consent of a | 11 | | two-thirds vote of the members elected to the Senate. | 12 | | (2) The members appointed by the Governor shall | 13 | | include:
(A) one educated health care consumer;
(B) one | 14 | | representative of small employers with 50 or fewer | 15 | | employees that has direct, long-term experience operating | 16 | | a business in Illinois;
(C) one individual with | 17 | | demonstrated and acknowledged expertise in the business of | 18 | | health insurance or health benefits administration with a | 19 | | retired inactive status;
(D) one health economist, | 20 | | certified health actuary, or expert in health care finance;
| 21 | | (E) one individual with experience in bargaining | 22 | | collectively for the provision of health insurance | 23 | | coverage;
(F) one individual with knowledge and expertise | 24 | | in purchasing and facilitating enrollment in health plan | 25 | | coverage, including demonstrated knowledge and expertise |
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| 1 | | of the role of licensed health insurance producers and | 2 | | third–party administrators in connecting employers and | 3 | | individual consumers to health plan coverage a retired | 4 | | inactive status; and
(G) one individual with experience as | 5 | | an essential community provider serving primarily | 6 | | underserved individuals living under 200% of the federal | 7 | | poverty level. | 8 | | (3) The members appointed by the Attorney General shall | 9 | | include:
one attorney with experience with public programs | 10 | | such as Medicaid and one attorney with experience working | 11 | | with the Attorney General's Health Care Bureau. | 12 | | (4) The Senate shall confirm or reject appointments | 13 | | within 30 session days or 60 calendar days after they are | 14 | | submitted by the Governor, whichever occurs first. Except | 15 | | in the case of appointments to fill vacancies, the | 16 | | confirmation time period specified in this Section shall | 17 | | not commence until all appointments required to be made in | 18 | | that year have been submitted by the Governor. | 19 | | (5) The Governor and the Attorney General shall | 20 | | coordinate appointments so as to reflect no less than | 21 | | proportional representation of the geographic, gender, | 22 | | cultural, racial, and ethnic composition of this State. | 23 | | (6) The Director of Insurance, the Director of the | 24 | | Healthcare and Family Services, Director of Human | 25 | | Services, Director of Public Health, a representative from | 26 | | the Office of the Governor, and the Executive Director of |
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| 1 | | the Exchange shall serve as ex-officio, non-voting members | 2 | | of the Board. | 3 | | (7) Within 60 days after the effective date of this | 4 | | amendatory Act of the 97th General Assembly, the Governor | 5 | | shall appoint 3 voting members of the Board for initial | 6 | | terms expiring June 30, 2015; the Governor shall appoint 2 | 7 | | public members and the Attorney General shall appoint one | 8 | | voting member of the Board for initial terms expiring June | 9 | | 30, 2014; and the Governor shall appoint 2 voting members | 10 | | and the Attorney General shall appoint
one voting member of | 11 | | the Board for initial terms expiring June 30, 2013. All | 12 | | successors shall hold office for a term of 3 years from the | 13 | | first day of July in the year of appointment and running | 14 | | through June 30 of the third year, except in case of an | 15 | | appointment to fill a vacancy. A Board member shall hold | 16 | | office until the expiration of that member's term and until | 17 | | that member's successor is appointed and qualified. | 18 | | (8) A person appointed to fill a vacancy and complete | 19 | | the unexpired term of a member of the Board shall only be | 20 | | appointed to serve out the unexpired term by the individual | 21 | | who made the original appointment within 45 days of the | 22 | | initial vacancy. A person appointed to fill a vacancy and | 23 | | complete the unexpired term of a member of the Board may be | 24 | | re-appointed to the Board
for another term, but shall not | 25 | | serve than more than 3 consecutive terms following their | 26 | | completion of the unexpired term of a member of the Board. |
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| 1 | | (9) The Board shall elect one voting member of the | 2 | | Board to serve as chairperson and one voting member to | 3 | | serve as vice-chairperson, upon approval of at least 5 | 4 | | voting members of the Board. | 5 | | (10) If a voting Board member's qualifications change | 6 | | due to a change in employment during the term of their | 7 | | appointment, the Board member shall resign their position, | 8 | | subject to reappointment by the individual who made the | 9 | | original appointment. | 10 | | (11) Five voting members present shall constitute a | 11 | | quorum and the affirmative vote of at least 5 voting | 12 | | members is necessary for any action of the Board. | 13 | | (12) The Board shall meet no less than quarterly on a | 14 | | schedule established by the chairperson. Meetings shall be | 15 | | public and public records shall be maintained subject to | 16 | | the Open Meetings Act. The Board must afford an opportunity | 17 | | for public comment at each of its meetings. No vacancy | 18 | | shall impair the ability for the Board to act provided a | 19 | | quorum is reached. Members shall serve without pay, but | 20 | | they are entitled to be reimbursed for their actual and | 21 | | reasonable expenses incurred in the performance of their | 22 | | duties, including travel expenses. | 23 | | (13) The chairperson of the Board shall file a written | 24 | | report regarding the activities of the Board and the | 25 | | Exchange to the Governor and General Assembly annually, and | 26 | | the Legislative Oversight Committee established in Section |
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| 1 | | 5-35 of this Law quarterly, beginning on July 1, 2012 and | 2 | | until December 31, 2014. | 3 | | (14) There is no liability on the part of, and no cause | 4 | | of action shall arise against, any member of the Board or | 5 | | its employees or agents for any action taken by them in the | 6 | | performance of their powers and duties under this Law, with | 7 | | the exception of willful and wanton misconduct. | 8 | | (15) The Board shall adopt conflict of interest rules | 9 | | and recusal procedures. Such rules and procedures shall (A) | 10 | | prohibit a member of the Board from performing an official | 11 | | act that may have a direct economic benefit on a business | 12 | | or other endeavor in which that member has a direct or | 13 | | substantial financial interest and (B) require a member of | 14 | | the Board to recuse himself or herself from an official | 15 | | matter, whether direct or indirect. All recusals must be in | 16 | | advance, in writing and specify the reason and date of the | 17 | | recusal. All
recusals shall be maintained by the Executive | 18 | | Director and shall be disclosed to any person upon written | 19 | | request. | 20 | | (16) A member of the Board or of the staff of the | 21 | | Exchange
shall not be employed by or be affiliated with a | 22 | | health care
provider, a health care facility, a medical | 23 | | clinic, an insurer,
or a trade association of insurers, | 24 | | insurance producers or
brokers, health care providers, or | 25 | | health care facilities or
health or medical clinics while | 26 | | serving on the Board or on the
staff of the Exchange, with |
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| 1 | | the exception of (i) health care
providers not receiving | 2 | | compensation for rendering services as
a provider who do | 3 | | not have an ownership interest in a
professional health | 4 | | care practice, (ii) health care providers
who are retired | 5 | | or inactive, and (iii) essential community providers. | 6 | | (17) No employee of the Exchange shall be a member of | 7 | | the
Board. | 8 | | (18) No Board member shall, for one year after the end | 9 | | of the member's service on the Board, accept employment | 10 | | with any health carrier that offers a qualified health | 11 | | benefit plan through the Exchange. | 12 | | (19) The Exchange shall be administered by an Executive | 13 | | Director, who shall be appointed, and may be removed, by a | 14 | | vote of at least 5 voting members the Board. The Board | 15 | | shall have the power to determine compensation for the | 16 | | Executive Director. The Executive Director shall be | 17 | | responsible for the selection of such other staff as may be | 18 | | authorized by the Board's operating budget as adopted by | 19 | | the Board. | 20 | | (20) No employee of the Exchange shall, for one year | 21 | | after terminating employment with the Exchange, accept | 22 | | employment with any health carrier that offers a qualified | 23 | | health benefit plan through the Exchange. | 24 | | (21) No member of the Board nor employee of the | 25 | | Exchange shall make, participate in making, or in any way | 26 | | attempt to use his or her official position to influence |
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| 1 | | the making of any decision that he or she knows or has any | 2 | | reason to know will have a reasonably foreseeable material | 3 | | financial effect, distinguishable from its effect on the | 4 | | public generally, on him or her or a member of his or her | 5 | | family or on either of the following:
(A) any source of | 6 | | income provided to, received by, or promised to a member | 7 | | within 12 months prior to the time when a decision is made; | 8 | | or
(B) any business entity in which the member is a | 9 | | director, officer, partner, trustee, or employee or holds | 10 | | any position of management. | 11 | | (22) No member of the Board nor employee of the | 12 | | Exchange may be licensed, registered, or authorized to do | 13 | | business in this State by the Director. Nor may any member | 14 | | of the Board or employee of the Exchange receive | 15 | | compensation from any person or entity licensed, | 16 | | registered, or authorized to do business in this State by | 17 | | the Director. | 18 | | (23) The Board may, as necessary, create and appoint | 19 | | qualified persons with requisite expertise to Exchange | 20 | | technical advisory groups. These Exchange technical | 21 | | advisory groups shall meet in a manner and frequency | 22 | | determined by the Board to discuss Exchange-related issues | 23 | | and to provide Exchange-related guidance, advice, and | 24 | | recommendation to the Board and the Exchange. | 25 | | (215 ILCS 122/5-14 new) |
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| 1 | | Sec. 5-14. Illinois Health Benefits Exchange Legislative | 2 | | Oversight Committee. | 3 | | (a) There is created an Illinois Health Benefits Exchange | 4 | | Legislative Oversight Committee within the Commission on | 5 | | Government Forecasting and Accountability to provide | 6 | | accountability for the Illinois Health Benefits Exchange and to | 7 | | ensure that Exchange operations and functions align with the | 8 | | goals and duties outlined by this Law. The Committee shall also | 9 | | be responsible for providing policy recommendations to ensure | 10 | | that the Exchange aligns with the Federal Act, amendments to | 11 | | the Federal Act, and regulations promulgated pursuant to the | 12 | | Federal Act. | 13 | | (b) Members of the Legislative Oversight Committee shall be | 14 | | appointed as follows: 3 members of the Senate shall be | 15 | | appointed by the President of the Senate; 3 members of the | 16 | | Senate shall be appointed by the Minority Leader of the Senate; | 17 | | 3 members of the House of Representatives shall be appointed by | 18 | | the Speaker of the House of Representatives; and 3 members of | 19 | | the House of Representatives shall be appointed by the Minority | 20 | | Leader of the House of Representatives. Each legislative leader | 21 | | shall select one member to serve as co-chair of the Committee. | 22 | | (c) Members of the Legislative Oversight Committee shall be | 23 | | appointed within 30 days after the effective date of this | 24 | | amendatory Act of the 97th General Assembly. The co-chairs | 25 | | shall convene the first meeting of the Committee no later than | 26 | | 45 days after the effective date of this Law. |
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| 1 | | (d) The Executive Director of the Exchange must provide | 2 | | updates to the Legislative Oversight Committee in person about | 3 | | the Exchange's progress every quarter for the first 2 years | 4 | | beginning at the start of employment on the Exchange. | 5 | | (215 ILCS 122/5-17 new) | 6 | | Sec. 5-17. Enrollment through brokers and agents; producer | 7 | | compensation. | 8 | | (a) In accordance with Section 1312(e) of the Federal Act, | 9 | | the Exchange shall allow licensed insurance producers to (1) | 10 | | enroll qualified individuals in any qualified health plan, for | 11 | | which the individual is eligible, in the individual exchange, | 12 | | (2) assist qualified individuals in applying for premium tax | 13 | | credits and cost-sharing reductions for qualified health plans | 14 | | purchased through the individual exchange, and (3) enroll | 15 | | qualified employers in any qualified health plan, for which the | 16 | | employer is eligible, offered through the SHOP exchange. | 17 | | Nothing in this subsection (a) shall be construed as to require | 18 | | a qualified individual or qualified employer to utilize a | 19 | | licensed insurance producer for any of the purposes outlined in | 20 | | this subsection (a). | 21 | | (b) In order to enroll individuals and small employers in | 22 | | qualified health plans on the Exchange, licensed producers must | 23 | | complete a certification program. The Department of Insurance | 24 | | may develop and implement a certification program for licensed | 25 | | insurance producers who enroll individuals and employers in the |
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| 1 | | Exchange. The Department of Insurance may charge a reasonable | 2 | | fee, by regulation, to producers for the certification program. | 3 | | The Department of Insurance may approve certification programs | 4 | | developed and instructed by others, charging a reasonable fee, | 5 | | by regulation, for approval. | 6 | | (c) The Exchange shall include on its website a producer | 7 | | locator section, featured prominently, through which | 8 | | individuals and small employers can find Exchange-certified | 9 | | producers. | 10 | | (d) All licensed producers certified by the Department to | 11 | | enroll individuals and employers in qualified health plans | 12 | | shall be compensated by qualified health plan issuers
in the | 13 | | same manner as qualified health plan issuers compensate | 14 | | producers for comparable health plans sold outside of the | 15 | | Exchange. | 16 | | (215 ILCS 122/5-18 new) | 17 | | Sec. 5-18. Illinois Health Benefit Exchange Fund. There is | 18 | | hereby created as a special fund outside of the State treasury | 19 | | the Illinois Health Benefit Exchange Fund to be used, subject | 20 | | to appropriation, exclusively by the Exchange to provide | 21 | | funding for the operation and administration of the Exchange in | 22 | | carrying out the purposes authorized in this Law.
The Fund | 23 | | shall consist of the following: | 24 | | (1) assessment collected by the Exchange (assessments | 25 | | or fees charged to carriers shall not include any amount |
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| 1 | | based on coverage, or premiums associated with such | 2 | | coverage, that is defined as an "excepted benefit" under | 3 | | Section 2791(c) of the Public Health Service Act (42 U.S.C. | 4 | | 300gg-91)); | 5 | | (2) income from investments made on behalf of the Fund; | 6 | | (3) interest on deposits or investments of money in the | 7 | | Fund; | 8 | | (4) money collected by the Board as a result of legal | 9 | | or other action taken by the Board on behalf of the | 10 | | Exchange or the Fund; | 11 | | (5) money donated to the Fund; | 12 | | (6) money awarded to the Fund through grants; and | 13 | | (7) any other money from any other source accepted for | 14 | | the benefit of the Fund. | 15 | | Any investment earnings of the Fund shall be credited to | 16 | | the Fund. No part of the Fund may revert or be credited to the | 17 | | General Revenue Fund or any special fund in the State Treasury. | 18 | | A debt or an obligation of the Fund is not a debt of the State | 19 | | or a pledge of credit of the State.
| 20 | | Section 20. The Consumer Fraud and Deceptive Business | 21 | | Practices Act is amended by changing Section 2Z as follows:
| 22 | | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| 23 | | Sec. 2Z. Violations of other Acts. Any person who knowingly | 24 | | violates
the Automotive Repair Act, the Automotive Collision |
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| 1 | | Repair Act,
the Home Repair and Remodeling Act,
the Dance | 2 | | Studio Act,
the Physical Fitness Services Act,
the Hearing | 3 | | Instrument Consumer Protection Act,
the Illinois Union Label | 4 | | Act,
the Job Referral and Job Listing Services Consumer | 5 | | Protection Act,
the Travel Promotion Consumer Protection Act,
| 6 | | the Credit Services Organizations Act,
the Automatic Telephone | 7 | | Dialers Act,
the Pay-Per-Call Services Consumer Protection | 8 | | Act,
the Telephone Solicitations Act,
the Illinois Funeral or | 9 | | Burial Funds Act,
the Cemetery Oversight Act, the Cemetery Care | 10 | | Act,
the Safe and Hygienic Bed Act,
the Pre-Need Cemetery Sales | 11 | | Act,
the High Risk Home Loan Act, the Payday Loan Reform Act, | 12 | | the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section | 13 | | 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) of Section | 14 | | 3-10 of the Cigarette Use Tax Act, the Electronic
Mail Act, the | 15 | | Internet Caller Identification Act, paragraph (6)
of
| 16 | | subsection (k) of Section 6-305 of the Illinois Vehicle Code, | 17 | | Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, | 18 | | or 18d-153 of the Illinois Vehicle Code, Section 500-123 of the | 19 | | Illinois Insurance Code, Article 3 of the Residential Real | 20 | | Property Disclosure Act, the Automatic Contract Renewal Act, or | 21 | | the Personal Information Protection Act commits an unlawful | 22 | | practice within the meaning of this Act.
| 23 | | (Source: P.A. 96-863, eff. 1-19-10; 96-1369, eff. 1-1-11; | 24 | | 96-1376, eff. 7-29-10; 97-333, eff. 8-12-11.) | 25 | | Section 90. The State Finance Act is amended by adding |
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| 1 | | Section 5.809 as follows: | 2 | | (30 ILCS 105/5.809 new) | 3 | | Sec. 5.809. The Illinois Health Benefit Exchange Fund. | 4 | | (215 ILCS 122/5-15 rep.) | 5 | | (215 ILCS 122/5-20 rep.) | 6 | | Section 95. The Illinois Health Benefits Exchange Law is | 7 | | amended by repealing Sections 5-15 and 5-20. | 8 | | Section 97. Severability. The provisions of this Act are | 9 | | severable under Section 1.31 of the Statute on Statutes.
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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