Full Text of HB3834 98th General Assembly
HB3834ham001 98TH GENERAL ASSEMBLY | Rep. Robyn Gabel Filed: 4/8/2014
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| 1 | | AMENDMENT TO HOUSE BILL 3834
| 2 | | AMENDMENT NO. ______. Amend House Bill 3834 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Act on the Aging is amended by | 5 | | adding Sections 4.15 and 4.16 as follows: | 6 | | (20 ILCS 105/4.15 new) | 7 | | Sec. 4.15. Transfer of the Senior Health Insurance Program | 8 | | to the Department on Aging. | 9 | | (a) This amendatory Act of the 98th General Assembly | 10 | | implements and supersedes Executive Order 2013-1. | 11 | | (b) The powers, duties, rights and responsibilities | 12 | | related to the functions of the Senior Health Insurance | 13 | | Program, as created by repealed Section 1405-15 of the | 14 | | Department of Insurance Law, as well as the staff performing | 15 | | those functions, are transferred from the Department of | 16 | | Insurance to the Department on Aging. |
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| 1 | | (c) Whenever any provision of law provides for membership | 2 | | of the Director of Insurance, or his or her designee, on any | 3 | | board, commission, council, or other entity relating to the | 4 | | functions of the Senior Health Insurance Program, the Director | 5 | | of Aging, or his or her designee, shall serve in that place. If | 6 | | more than one such person is required by law to serve on any | 7 | | board, commission, council, or other entity, then an equivalent | 8 | | number of representatives of the Department on Aging shall so | 9 | | serve. | 10 | | (d) The powers, duties, rights, and responsibilities | 11 | | vested in or associated with the functions of the Senior Health | 12 | | Insurance Program shall not be affected by this amendatory Act | 13 | | of the 98th General Assembly, except that all management and | 14 | | staff support or other resources necessary to the operations of | 15 | | the Senior Health Insurance Program shall be provided by the | 16 | | Department on Aging. | 17 | | (e) Personnel under the Department of Insurance affected by | 18 | | this amendatory Act of the 98th General Assembly shall continue | 19 | | their service within the Department on Aging. The status and | 20 | | rights of the employees and the State of Illinois and its | 21 | | agencies under the Personnel Code and applicable collective | 22 | | bargaining agreements or under any pension, retirement, or | 23 | | annuity plan shall not be affected by this amendatory Act of | 24 | | the 98th General Assembly. | 25 | | (f) All books, contracts, correspondence, documents, | 26 | | papers, personnel files, property (real and personal), |
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| 1 | | records, other associated items, and pending business in any | 2 | | way pertaining to the powers, duties, rights, and | 3 | | responsibilities related to the functions of the Senior Health | 4 | | Insurance Program shall be transferred from the Department of | 5 | | Insurance and delivered to the Department on Aging for | 6 | | continuation, modification, or termination, as appropriate, | 7 | | including, but not limited to, material in electronic or | 8 | | magnetic format and necessary computer hardware and software; | 9 | | provided, however, that the delivery of such information shall | 10 | | not violate any applicable confidentiality constraints. | 11 | | (g) All unexpended appropriations and the balances of any | 12 | | funds, grants, donations, or other moneys available for use by | 13 | | the Department of Insurance in connection with the functions of | 14 | | the Senior Health Insurance Program shall be transferred to the | 15 | | Department on Aging for continued use in supporting the Senior | 16 | | Health Insurance Program as directed by the Governor. | 17 | | Unexpended balances so transferred shall be expended only for | 18 | | the purpose for which the appropriation was originally made. | 19 | | (h) The powers, duties, rights, and responsibilities | 20 | | related to the functions of the Senior Health Insurance Program | 21 | | and transferred from the Department of Insurance by this | 22 | | amendatory Act of the 98th General Assembly shall be vested in | 23 | | and shall be exercised by the Department on Aging. Each act | 24 | | done in exercise of such powers, duties, rights, and | 25 | | responsibilities shall have the same legal effect as if done by | 26 | | the Department of Insurance or one of its divisions, officers, |
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| 1 | | or employees. | 2 | | (i) Every person or entity to whom powers, duties, rights, | 3 | | or responsibilities are transferred under this Section is | 4 | | subject to the same obligations and duties and any penalties, | 5 | | civil or criminal, arising therefrom, and has the same rights | 6 | | arising from the exercise of those powers, duties, rights, and | 7 | | responsibilities, as are prescribed by law in connection with | 8 | | the exercise of those powers, duties, rights, and | 9 | | responsibilities. | 10 | | (j) Every officer of the Department on Aging shall, for any | 11 | | offense, be subject to the same penalty or penalties, civil or | 12 | | criminal, as are prescribed by existing law for the same | 13 | | offense by any officer of the Department of Insurance whose | 14 | | powers or duties were transferred under this amendatory Act of | 15 | | the 98th General Assembly. | 16 | | (k) Whenever reports or notices are required to be made or | 17 | | given or papers or documents furnished or served by any person | 18 | | to or upon the Department of Insurance in connection with any | 19 | | of the functions of the Senior Health Insurance Program | 20 | | transferred by this amendatory Act of the 98th General | 21 | | Assembly, the same shall be made, given, furnished, or served | 22 | | in the same manner to or upon the Department on Aging. | 23 | | (l) This amendatory Act of the 98th General Assembly does | 24 | | not affect any act completed, ratified, or canceled or any | 25 | | right occurring or established or any action or proceeding had | 26 | | or commenced in an administrative, civil, or criminal cause |
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| 1 | | regarding the functions of the Senior Health Insurance Program | 2 | | before the effective date of Executive Order 2013-1; such | 3 | | actions or proceedings may be prosecuted and continued by the | 4 | | Department on Aging. | 5 | | (m) This amendatory Act of the 98th General Assembly does | 6 | | not affect the legality of any rules relating to the functions | 7 | | of the Senior Health Insurance Program that were duly adopted | 8 | | by the Department of Insurance and in full force on the | 9 | | effective date of Executive Order 2013-1. Any proposed rules | 10 | | filed with the Secretary of State by the Department of | 11 | | Insurance pertaining to the transferred functions that are | 12 | | pending in the rulemaking process on the effective date of | 13 | | Executive Order 2013-1 shall be deemed to have been filed by | 14 | | the Department on Aging. As soon as practicable, the affected | 15 | | agencies shall revise and clarify the transferred rules under | 16 | | this amendatory Act of the 98th General Assembly to reflect the | 17 | | reorganization of rights, powers, and duties affected by this | 18 | | amendatory Act of the 98th General Assembly. If necessary, the | 19 | | affected agencies may also propose, adopt, or repeal rules, | 20 | | rule amendments, and rule recodifications using the procedures | 21 | | available under the Illinois Administrative Act as appropriate | 22 | | to effectuate this amendatory Act of the 98th General Assembly, | 23 | | except that existing Title, Part, and Section numbering for the | 24 | | affected rules may be retained. | 25 | | (n) To the extent necessary or prudent to fully implement | 26 | | the intent of this Section, the Department of Insurance and the |
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| 1 | | Department on Aging may enter into one or more interagency | 2 | | agreements to ensure the full and appropriate transfer of all | 3 | | functions of the Senior Health Insurance Program. | 4 | | (20 ILCS 105/4.16 new) | 5 | | Sec. 4.16. Senior citizen assistance and information
| 6 | | program. | 7 | | (a) Pursuant to Section 4.15 of this Act, the Department on | 8 | | Aging shall administer and operate a program to
provide | 9 | | assistance and information to senior citizens in relation to | 10 | | insurance
matters. The program may include, but is not limited | 11 | | to, counseling for senior
citizens in the evaluation, | 12 | | comparison, or selection of Medicare options,
Medicare | 13 | | supplement insurance, and
long-term care insurance. | 14 | | (b) The Department shall recruit and train volunteers to | 15 | | provide the
following: | 16 | | (i) one-on-one counseling on insurance matters; and | 17 | | (ii) education on insurance matters to senior citizens | 18 | | through public
forums. | 19 | | (c) The Department shall solicit the volunteers for their | 20 | | input and advice
on the success and accessibility of the | 21 | | program. | 22 | | (d) The Department shall strive to ensure that all seniors | 23 | | residing in
Illinois have access to the program. | 24 | | (e) The Department may promulgate reasonable rules | 25 | | necessary to
implement this Section. |
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| 1 | | (20 ILCS 1405/1405-15 rep.) | 2 | | Section 10. The Department of Insurance Law of the
Civil | 3 | | Administrative Code of Illinois is amended by repealing Section | 4 | | 1405-15. | 5 | | Section 97. Severability. The provisions of this Act are | 6 | | severable under Section 1.31 of the Statute on Statutes.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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