(215 ILCS 5/507.2)
(Section scheduled to be repealed on January 1, 2027)
Sec. 507.2.
Policyholder information and exclusive ownership
of expirations.
(a) As used in this Section, "expirations" means all
information relative to an insurance policy including, but not
limited to, the name and address of the insured, the location and
description of the property insured, the value of the insurance
policy, the inception date, the renewal date, and the expiration date of the
insurance policy, the premiums, the limits and a description of
the
terms and coverage
of
the insurance policy, and any other personal and privileged information, as
defined by Section 1003 of this Code,
compiled by a registered firm or furnished by the insured to
the insurer or any agent, contractor, or representative of the insurer.
For purposes of this Section only, a registered firm also includes a sole
proprietorship that transacts the
business of insurance as an insurance agency.
(b) All "expirations" as defined in subsection (a) of this Section shall be
mutually and exclusively owned by the insured and the registered firm. The
limitations on the use of expirations as provided in subsections (c) and (d) of
this Section shall be for mutual benefit of the insured and the registered
firm.
(c) Except as otherwise provided in this Section, for
purposes of soliciting, selling, or negotiating the renewal or
sale of insurance coverage, insurance products, or insurance
services or for any other marketing purpose, a registered firm shall own
and have the exclusive
use of expirations, records, and other written or electronically
stored information directly related to an insurance application
submitted by, or an insurance policy written through, the
registered firm. No insurance company, managing general agent, surplus
lines insurance broker, wholesale broker, group self-insurance
fund, third-party administrator, or any other entity, other than a financial
institution as defined in Section 1402 of this Code, shall use
such expirations,
records, or other written or electronically stored information to solicit,
sell, or negotiate the renewal or sale of insurance coverage,
insurance products, or insurance services to the insured or for
any other marketing purposes, either directly or by providing such
information to others,
without, separate from the general agency
contract, the written consent of the registered firm. However, such
expirations,
records, or other written or electronically stored information may be used
for any purpose necessary for placing such business through the
insurance producer including reviewing an application and issuing
or renewing a policy and for loss control services.
(d) With respect to a registered firm, this Section shall not apply:
(1) when the insured requests either orally or in |
| writing that another registered firm obtain quotes for insurance from another insurance company or when the insured requests in writing individually or through another registered firm, that the insurance company renew the policy;
|
|
(2) to policies in the Illinois Fair Plan, the
|
| Illinois Automobile Insurance Plan, or the Illinois Assigned Risk Plan for coverage under the Workers' Compensation Act and the Workers' Occupational Diseases Act;
|
|
(3) when the insurance producer is employed by or has
|
| agreed to act exclusively or primarily for one company or group of affiliated insurance companies or to a producer who submits to the company or group of affiliated companies that are organized to transact business in this State as a reciprocal company, as defined in Article IV of this Code, every request or application for insurance for the classes and lines underwritten by the company or group of affiliated companies;
|
|
(4) to policies providing life and accident and
|
|
(5) when the registered firm is in default for
|
| nonpayment of premiums under the contract with the insurer or is guilty of conversion of the insured's or insurer's premiums or its license is revoked by or surrendered to the Department;
|
|
(6) to any insurance company's obligations under
|
| Sections 143.17 and 143.17a of this Code; or
|
|
(7) to any insurer that, separate from a producer or
|
| registered firm, creates, develops, compiles, and assembles its own, identifiable expirations as defined in subsection (a).
|
|
For purposes of this Section, an insurance producer shall be deemed to
have
agreed to act primarily for one company or a group of affiliated insurance
companies if the producer (i) receives 75% or more of his or her insurance
related commissions from one company or a group of affiliated companies or (ii)
places 75% or more of his or her policies with one company or a group of
affiliated companies.
Nothing in this Section prohibits an insurance company, with respect to any
items herein, from conveying to the insured or the registered firm any
additional benefits or ownership rights including, but not limited to, the
ownership of expirations on any policy issued or the imposition of further
restrictions on the insurance company's use of the insured's personal
information.
(e) Nothing in this Section prevents a financial institution, as defined
in Section 1402 of this Code, from obtaining from the insured, the insurer, or
the registered firm the expiration dates of an insurance policy placed on
collateral or otherwise used as security in connection with a loan made or
serviced by the
financial institution when the financial institution requires the expiration
dates for evidence of insurance.
(f) For purposes of this Section, "financial institution" does not include
an insurance company, registered firm, managing general agent, surplus lines
broker, wholesale broker, group self-funded insurance fund, or third-party
administrator.
(g) The Director may adopt rules in accordance with Section
401 of this Code for the enforcement of this Section.
(h) This Section applies to the expirations relative to all policies of
insurance bound, applied for, sold, renewed, or otherwise taking effect on or
after
the effective date of this amendatory Act of the 92nd General Assembly.
(Source: P.A. 92-5, eff. 6-1-01 .)
|
(215 ILCS 5/511.101) (from Ch. 73, par. 1065.58-101)
(Section scheduled to be repealed on January 1, 2027)
Sec. 511.101. Definitions. For the purpose of this Article:
(a) "Administrator" means any person who on behalf of a plan sponsor or
insurer receives or collects charges, contributions or premiums for, or
adjusts or settles claims on residents of this State in connection with
any type of life or accident or health benefit provided through or as an
alternative to insurance within the scope of Class 1(a), 1(b) or 2(a) of
Section 4 of this Code, other than any of the following:
(1) A corporation, association, trust or partnership |
| which is administering a plan (i) on behalf of the employees of such corporation, association, trust or partnership or (ii) for the employees of one or more subsidiaries or affiliated corporations or affiliated associations, trusts or partnerships;
|
|
(2) A union administering a plan for its members;
(3) A plan sponsor administering its own plan;
(4) An insurer or dental service plan to the extent
|
|
(5) A producer licensed in this State whose insurance
|
| activities are limited to the scope of such license;
|
|
(6) A trust and its trustees and employees acting
|
| pursuant to its trust agreement established in conformity with 29 U.S.C. 186;
|
|
(7) A person who adjusts or settles claims in the
|
| normal course of such person's practice or employment as an attorney-at-law, and who does not collect contributions or premiums in connection with life or accident or health coverage;
|
|
(8) A person who administers only self-insured
|
| workers' compensation plans, or single employer self insured life or accident or health benefit plans;
|
|
(9) A credit card issuing company which advances for
|
| and collects premiums or charges from its credit card holders who have authorized such collection, if such company does not adjust or settle claims;
|
|
(10) A creditor on behalf of its debtors with respect
|
| to insurance covering a debt between the creditor and its debtors.
|
|
(b) "Covered Individual" means any individual eligible for life or accident
or health benefits under a plan.
(c) "Contributions" means any money charged a covered individual, plan
sponsor or other entity to fund the self-insured portion of any plan in
accordance with written provisions of the plan or contracts of insurance.
Contributions shall include administrative fees charged to a covered
individual. Administrative fee means any compensation paid by a covered
individual for services performed by the administrator.
(d) "Premiums" means any money charged a covered individual, plan sponsor
or other entity to provide life or accident or health insurance under a
plan. The term premium shall include amounts paid by or charged to a covered
individual plan sponsor or other entity for stop loss or excess insurance.
(e) "Charges" means any compensation paid by a plan sponsor or insurer
for services performed by the administrator.
(f) "Administrator Trust Fund", hereinafter referred to as "ATF", means
a special fiduciary account established and maintained by an administrator
pursuant to Section 511.112 in which contributions and premiums are deposited.
(g) "Claims Administration Services Account", hereinafter referred to
as "CASA", means a special fiduciary account established and maintained
by an administrator pursuant to Section 511.112 of this Code from which
claims and claims adjustment expenses are disbursed.
(h) "Plan Sponsor" means any person other than an insurer, who establishes
or maintains a plan covering residents of this State, including but not
limited to plans established or maintained by 2 or more employers or
jointly by one or more employers and one or more employee organizations,
the association, committee, joint board of trustees, or other similar group
of representatives of the parties who establish or maintain the plan.
Provided, however, that "Plan Sponsor" shall not include:
(1) The employer in the case of a plan established or
|
| maintained by a single employer; or
|
|
(2) The employee organization in the case of a plan
|
| established or maintained by an employee organization.
|
|
No plan sponsor covered in whole by provisions of the Employee Retirement
Income Security Act of 1974 (ERISA) shall be covered by any of the
provisions of this Act to the extent that such provisions are inconsistent
with or in conflict with any provisions of ERISA as now or hereafter amended.
(i) "Financial Institution" means any federal or state chartered bank
or savings and loan institution which is insured by the Federal Deposit
Insurance Corporation (FDIC) or the Federal Savings and Loan Insurance
Corporation (FSLIC).
(j) "Plan" means any plan, fund or program established or maintained by
a plan sponsor or insurer to the extent that such plan, fund or program
was established or is maintained to provide through insurance or alternatives
to insurance any type of life or accident or health benefit within the scope
of Class 1(a), 1(b) or 2(a) of Section 4 of the Illinois Insurance Code.
(k) "Insurer" means any person who transacts insurance or health care
service business authorized under the laws of this State.
(l) "Quasi-resident" means a nonresident licensee who produces 50% or
more of his contributions and premium volume during a calendar year from
residents of this State.
(Source: P.A. 101-108, eff. 1-1-20 .)
|
(215 ILCS 5/511.103) (from Ch. 73, par. 1065.58-103)
(Section scheduled to be repealed on January 1, 2027)
Sec. 511.103.
Application.
The applicant for a license shall file
with the Director an application upon a form prescribed by the Director,
which shall include or have attached the following:
(1) The names, addresses and official positions of |
| the individuals who are responsible for the conduct of the affairs of the administrator, including but not limited to all members of the board of directors, board of trustees, executive committee, or other governing board or committee, the principal officers in the case of a corporation or the partners in the case of a partnership; and
|
|
(2) A non-refundable filing fee of $200 which shall
|
| become the initial administrator license fee should the Director issue an administrator license.
|
|
(Source: P.A. 93-32, eff. 7-1-03 .)
|
(215 ILCS 5/511.104) (from Ch. 73, par. 1065.58-104)
(Section scheduled to be repealed on January 1, 2027)
Sec. 511.104.
Bond requirements for administrators.
(a) Every applicant
for an administrator's license shall file with the application and shall
thereafter maintain in force while so licensed, a fidelity bond in favor
of the people of the State of Illinois executed by a surety company and
payable to any party injured under the terms of the bond. The bond shall
be continuous in form and in one of the following amounts:
(1) For an administrator which maintains an ATF but |
| does not maintain a CASA, the greater of $50,000 or 5% of contributions and premiums projected to be received or collected in the ATF for the forthcoming plan year from Illinois residents, but not to exceed $1,000,000;
|
|
(2) For an administrator which maintains a CASA but
|
| does not maintain an ATF, the greater of $50,000 or 5% of the claims and claim expenses projected to be held in the CASA for the forthcoming year to pay claims and claim expenses for Illinois residents, but not to exceed $1,000,000;
|
|
(3) For an administrator which maintains both an ATF
|
| and a CASA, the greater of the amounts in subparagraphs (1) or (2) above, but not to exceed $1,000,000.
|
|
Such bond is required of an administrator who maintains or should maintain
funds in a fiduciary capacity as set forth in Section 511.112 of this Code
unless the administrator is contracted with the insurer as an
administrator and if the plan is fully insured by the insurer on whose
behalf the funds are held.
(b) Such bond shall remain in force and effect until the surety is
released from liability by the Director or until the bond is cancelled by
the surety. The surety may cancel the bond and be released from further
liability thereunder upon 30 days' written notice in advance to the
Director. Such cancellation shall not affect any liability incurred or
accrued thereunder before the termination of the 30-day period. Upon
receipt of any notice of cancellation, the Director shall immediately notify
the licensee.
(c) The license required by Section 511.102 shall automatically
terminate if the bond required by this Section is not in force. Within 30
days thereafter, the administrator shall return the license to the Director
for cancellation.
(Source: P.A. 84-1431 .)
|
(215 ILCS 5/511.107) (from Ch. 73, par. 1065.58-107)
(Section scheduled to be repealed on January 1, 2027)
Sec. 511.107.
License suspension, revocation or denial.
(a) Any license
issued under this Article may be suspended or revoked, after notice to the
licensee and an opportunity for hearing, and any application for a license
may be denied, after notice and an opportunity for hearing, if the Director
finds that the licensee or applicant:
(1) has wilfully violated any applicable provisions |
| of the Illinois Insurance Code or applicable Part of Title 50 of the Illinois Administrative Code; or
|
|
(2) has intentionally made a material misstatement in
|
| its application for a license; or
|
|
(3) has obtained or attempted to obtain a license
|
| through misrepresentation or fraud; or
|
|
(4) has misappropriated or converted to its own use,
|
| or improperly withheld, money required to be held in a fiduciary capacity; or
|
|
(5) has, in the transaction of business under its
|
| license, used fraudulent, coercive or dishonest practices, or has demonstrated incompetence, untrustworthiness or financial irresponsibility; or is not of good personal and business reputation; or
|
|
(6) has been, within the past 3 years, convicted of a
|
| felony, unless the individual demonstrates to the Director sufficient rehabilitation to warrant the public trust; or
|
|
(7) has failed to appear without reasonable cause or
|
| excuse in response to a subpoena, examination warrant or any other order lawfully issued by the Director; or
|
|
(8) is using such methods or practices in the conduct
|
| of its business so as to render its further transaction of business in this State hazardous or injurious to covered individuals or the public; or
|
|
(9) is affiliated with and is under the same general
|
| management as another administrator which transacts business in this State without being licensed under this Article; or
|
|
(10) has had its license suspended or revoked or its
|
| application denied in any other state, district, territory or province on grounds similar to those stated in this Section; or
|
|
(11) has failed to report under Section 511.108 a
|
|
(b) Denial of an application or suspension or revocation of a license,
pursuant to this Section shall be by written order sent to the applicant
or licensee by certified or registered mail at the address specified in
the records of the Department. The written order shall state the grounds,
charges or conduct on which denial, suspension or revocation is based.
The applicant or licensee may in writing request a hearing within 30 days
from the date of mailing. Upon receipt of a written request, the Director
shall issue an order setting (i) a specific time for the hearing, which
may not be less than 20 nor more than 30 days after receipt of the request
and (ii) a specific place for the hearing, which may be in either the City
of Springfield or in the county in Illinois where the applicant's or licensee's
principal place of business is located. If no written request is received
by the Director, such order shall be final upon the expiration of said 30 days.
(c) Upon revocation of a license, the licensee or other person having
possession or custody of such license shall deliver it to the Director
in person or by mail within 30 days of such revocation.
(d) Any administrator whose license is revoked or whose application is
denied pursuant to this Section shall be ineligible to reapply for any license
for 2 years. A suspension pursuant to this Section may be for a period
of up to 2 years.
(Source: P.A. 84-887 .)
|
(215 ILCS 5/511.112) (from Ch. 73, par. 1065.58-112)
(Section scheduled to be repealed on January 1, 2027)
Sec. 511.112.
Fiduciary accounts and duties.
(a) Administrators shall
hold in a fiduciary capacity all contributions and premiums received or
collected on behalf of a plan sponsor or insurer. Such funds shall not be
used as general operating funds of the administrator. All contributions
and premiums received or collected by the administrator from residents of
this State, which the Administrator holds more than 15 days or deposits
into an account which is not under the control of the plan sponsor or insurer,
shall be placed in a special fiduciary account, which account shall
be designated an "Administrator
Trust Fund Account" ("ATF"). All resident and quasi-resident licensees
required to maintain an ATF pursuant to this Section shall maintain such
ATF with one or more financial institutions located within the State of
Illinois and subject to jurisdiction of the Illinois courts. Funds
belonging to 2 or more plans may be
held in the same ATF, provided the administrator's records clearly indicate
the funds belonging to each plan. Checks drawn on the ATF shall indicate
on their face that they are drawn on the ATF of the administrator.
(b) The administrator may make the following disbursements from the ATF:
(1) contributions and premiums due insurers or other |
| persons providing life, accident and health coverage for a plan;
|
|
(2) return contributions and premiums to a plan or
|
|
(3) commissions or administrative fees due to the
|
| administrator when earned pursuant to written agreement; and
|
|
(4) transfers into the CASA of the administrator.
(c) For each plan where an ATF is required, the balance in the ATF shall
at all times be the amount deposited plus accrued interest, if any, less
authorized disbursements. If the balance at the financial institution with
respect to the ATF is less than the amount deposited plus accrued interest,
if any, less authorized disbursements, the administrator shall be deemed
to have misappropriated fiduciary funds and to have acted in a financially
irresponsible manner.
(d) If the ATF is interest bearing or income producing, the full nature
of the account must first be disclosed to the plan sponsors or insurers
on whose behalf the funds are or will be held. The administrator
must secure written consent and authorization from the plan sponsors or
insurers for the investment of the money and disposition of the interest
or earnings. No investment shall be made which assumes any risk other than
the risk that the obligor shall not pay the principal when due.
The use of specialized techniques or strategies which incur additional
risks to generate higher returns or to extend maturities is not permitted.
Such techniques would include, but not be limited to, the following: Use
of financial futures or options, buying on margins and pledging of ATF balances.
(e) Administrators may place ATF funds in interest bearing or income
producing investments and retain the interest or income thereon, providing
the administrator obtains the prior written authorization of the plan
sponsors or insurers on whose behalf the funds are to be held. In addition
to savings and checking accounts, an administrator may invest in the following:
(1) direct obligations of the United States of
|
| America or U.S. Government agency securities with maturities of not more than one year;
|
|
(2) certificates of deposit, with a maturity of not
|
| more than one year, issued by financial institutions which are insured by the Federal Deposit Insurance Corporation (FDIC) or Federal Savings and Loan Insurance Corporation (FSLIC), so long as any such deposit does not exceed the maximum level of insurance protection provided to certificates of deposits held by such institutions;
|
|
(3) repurchase agreements with financial institutions
|
| or government securities dealers recognized as primary dealers by the Federal Reserve System provided:
|
|
(A) the value of the repurchase agreement is
|
| collateralized with assets which are allowable investments for ATF funds; and
|
|
(B) the collateral has a market value at the time
|
| the repurchase agreement is entered into at least equal to the value of the repurchase agreement; and
|
|
(C) the repurchase agreement does not exceed 30
|
|
(4) commercial paper, provided the commercial paper
|
| is rated at least P-1 by Moody's Investors Service, Inc. or at least A-1 by Standard & Poor's Corporation;
|
|
(5) money market funds, provided the money market
|
| fund invests exclusively in assets which are allowable investments pursuant to (1) through (4) above for ATF funds;
|
|
(6) each investment transaction must be made in the
|
| name of the administrator's ATF. The administrator must maintain evidence of any such investments. Each investment transaction must flow through the administrator's ATF.
|
|
(f) The administrator shall hold in a fiduciary capacity all moneys which
the administrator receives to pay claims and claim adjustment expenses.
All resident and quasi-resident licensees shall
place all such money for claims and claim adjustment
expenses for residents of this State, whether received from a plan sponsor
or insurer or from the ATF of the administrator, in a special fiduciary
account in a financial institution located in this State. The account shall
be designated a "Claims Administration Service Account" ("CASA"). Funds
belonging to 2 or more plans may be held in the same CASA, provided the
administrator's records clearly indicate the funds belonging to each plan.
Checks drawn on the CASA shall indicate on their face that they are drawn
on the CASA of the administrator.
(g) No deposit shall be made into a CASA and no disbursement shall be
made from a CASA except for claims and claims adjustment expenses. For
each plan where a CASA is required, the balance in the CASA shall at all
times be the amount deposited less claims and claims adjustment expenses paid.
If the CASA balance is less than such amount, the administrator shall be
deemed to have misappropriated fiduciary funds and to have acted in a
financially irresponsible manner.
(h)(1) Administrators shall maintain detailed books and records which
reflect all transactions involving the receipt and disbursement of:
(i) contributions and premiums received on behalf of
|
| a plan sponsor or insurer; and
|
|
(ii) claims and claim adjustment expenses received
|
| and paid on behalf of a plan sponsor or insurer.
|
|
(2) The detailed preparation, journalizing and posting of such books and
records must be maintained on a timely basis and all journal entries for
receipts and disbursements shall be supported by evidential matter, which
must be referenced in the journal entry so that it may be traced for
verification. Administrators shall prepare and maintain monthly financial
institution account reconciliations of any ATF and CASA established by the
administrator. The minimum detail required shall be as follows:
(i) The sources, amounts and dates of any moneys
|
| received and deposited by the administrator.
|
|
(ii) The date and person to whom a disbursement is
|
| made. If the amount disbursed does not agree with the amount billed or authorized, the administrator shall prepare a written record as to the reason.
|
|
(iii) A description of the disbursement in such
|
| detail to identify the source document substantiating the purpose of the disbursement.
|
|
(i) Failure to maintain accurately and timely the books and records required
above shall be deemed untrustworthy, hazardous or injurious to participants
in the plan or the public and financially irresponsible.
(j) This Section shall not apply to nonresident administrators who are
subject to substantially similar requirements in their state of domicile.
(Source: P.A. 84-1431 .)
|
(215 ILCS 5/512-7) (from Ch. 73, par. 1065.59-7)
Sec. 512-7. Contractual provisions.
(a) Any agreement or contract entered into in this State between the
administrator of a program and a pharmacy shall include a statement of the
method and amount of reimbursement to the pharmacy for services rendered to
persons enrolled in the program, the frequency of payment by the program
administrator to the pharmacy for those services, and a method for the
adjudication of complaints and the settlement of disputes between the
contracting parties.
(b)(1) A program shall provide an annual period of at |
| least 30 days during which any pharmacy licensed under the Pharmacy Practice Act may elect to participate in the program under the program terms for at least one year.
|
|
(2) If compliance with the requirements of this
|
| subsection (b) would impair any provision of a contract between a program and any other person, and if the contract provision was in existence before January 1, 1990, then immediately after the expiration of those contract provisions the program shall comply with the requirements of this subsection (b).
|
|
(3) This subsection (b) does not apply if:
(A) the program administrator is a licensed
|
| health maintenance organization that owns or controls a pharmacy and that enters into an agreement or contract with that pharmacy in accordance with subsection (a); or
|
|
(B) the program administrator is a licensed
|
| health maintenance organization that is owned or controlled by another entity that also owns or controls a pharmacy, and the administrator enters into an agreement or contract with that pharmacy in accordance with subsection (a).
|
|
(4) This subsection (b) shall be inoperative
|
|
(c) The program administrator shall cause to be issued an identification
card to each person enrolled in the program. The identification card
shall include:
(1) the name of the individual enrolled in the
|
|
(2) an expiration date if required under the
|
| contractual arrangement or agreement between a provider of pharmaceutical services and prescription drug products and the third party prescription program administrator.
|
|
(Source: P.A. 95-689, eff. 10-29-07.)
|