93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3043

 

Introduced 2/6/2004, by David Luechtefeld, Frank C. Watson, Kirk W. Dillard, John O. Jones

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2105/2105-15   was 20 ILCS 2105/60
20 ILCS 2310/2310-610 new
215 ILCS 5/155.18a new

    Amends the Illinois Insurance Code. Requires the Director of Insurance to establish a Medical Liability Insurance Resource Clearinghouse containing the names, street addresses, telephone numbers, and company website addresses of all licensed, certified, or registered companies and insurance producers providing medical liability insurance to health care professionals or health care providers in this State. Requires the Department to provide the public with access to the information contained in the Clearinghouse upon written request and posting it on the Department's website. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois to require the Department to include a link on the Department's website to the Medical Liability Insurance Resource Clearinghouse and to include a written notice about the Clearinghouse with any license renewal information for all health care professions regulated by the Department. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois to require the Department of Public Health to include a link on the Department's website to the Medical Liability Insurance Resource Clearinghouse and to include a written notice about the Clearinghouse with any license renewal information for all facilities, equipment, or providers regulated by the Department. Effective immediately.


LRB093 20677 SAS 46546 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3043 LRB093 20677 SAS 46546 b

1     AN ACT concerning insurance.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Department of Professional Regulation Law of
5 the Civil Administrative Code of Illinois is amended by
6 changing Section 2105-15 as follows:
 
7     (20 ILCS 2105/2105-15)  (was 20 ILCS 2105/60)
8     Sec. 2105-15. General powers and duties.     (a) The
9 Department has, subject to the provisions of the Civil
10 Administrative Code of Illinois, the following powers and
11 duties:
12         (1) To authorize examinations in English to ascertain
13     the qualifications and fitness of applicants to exercise
14     the profession, trade, or occupation for which the
15     examination is held.
16         (2) To prescribe rules and regulations for a fair and
17     wholly impartial method of examination of candidates to
18     exercise the respective professions, trades, or
19     occupations.
20         (3) To pass upon the qualifications of applicants for
21     licenses, certificates, and authorities, whether by
22     examination, by reciprocity, or by endorsement.
23         (4) To prescribe rules and regulations defining, for
24     the respective professions, trades, and occupations, what
25     shall constitute a school, college, or university, or
26     department of a university, or other institution,
27     reputable and in good standing, and to determine the
28     reputability and good standing of a school, college, or
29     university, or department of a university, or other
30     institution, reputable and in good standing, by reference
31     to a compliance with those rules and regulations; provided,
32     that no school, college, or university, or department of a

 

 

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1     university, or other institution that refuses admittance
2     to applicants solely on account of race, color, creed, sex,
3     or national origin shall be considered reputable and in
4     good standing.
5         (5) To conduct hearings on proceedings to revoke,
6     suspend, refuse to renew, place on probationary status, or
7     take other disciplinary action as authorized in any
8     licensing Act administered by the Department with regard to
9     licenses, certificates, or authorities of persons
10     exercising the respective professions, trades, or
11     occupations and to revoke, suspend, refuse to renew, place
12     on probationary status, or take other disciplinary action
13     as authorized in any licensing Act administered by the
14     Department with regard to those licenses, certificates, or
15     authorities. The Department shall issue a monthly
16     disciplinary report. The Department shall deny any license
17     or renewal authorized by the Civil Administrative Code of
18     Illinois to any person who has defaulted on an educational
19     loan or scholarship provided by or guaranteed by the
20     Illinois Student Assistance Commission or any governmental
21     agency of this State; however, the Department may issue a
22     license or renewal if the aforementioned persons have
23     established a satisfactory repayment record as determined
24     by the Illinois Student Assistance Commission or other
25     appropriate governmental agency of this State.
26     Additionally, beginning June 1, 1996, any license issued by
27     the Department may be suspended or revoked if the
28     Department, after the opportunity for a hearing under the
29     appropriate licensing Act, finds that the licensee has
30     failed to make satisfactory repayment to the Illinois
31     Student Assistance Commission for a delinquent or
32     defaulted loan. For the purposes of this Section,
33     "satisfactory repayment record" shall be defined by rule.
34     The Department shall refuse to issue or renew a license to,
35     or shall suspend or revoke a license of, any person who,
36     after receiving notice, fails to comply with a subpoena or

 

 

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1     warrant relating to a paternity or child support
2     proceeding. However, the Department may issue a license or
3     renewal upon compliance with the subpoena or warrant.
4         The Department, without further process or hearings,
5     shall revoke, suspend, or deny any license or renewal
6     authorized by the Civil Administrative Code of Illinois to
7     a person who is certified by the Illinois Department of
8     Public Aid as being more than 30 days delinquent in
9     complying with a child support order or who is certified by
10     a court as being in violation of the Non-Support Punishment
11     Act for more than 60 days. The Department may, however,
12     issue a license or renewal if the person has established a
13     satisfactory repayment record as determined by the
14     Illinois Department of Public Aid or if the person is
15     determined by the court to be in compliance with the
16     Non-Support Punishment Act. The Department may implement
17     this paragraph as added by Public Act 89-6 through the use
18     of emergency rules in accordance with Section 5-45 of the
19     Illinois Administrative Procedure Act. For purposes of the
20     Illinois Administrative Procedure Act, the adoption of
21     rules to implement this paragraph shall be considered an
22     emergency and necessary for the public interest, safety,
23     and welfare.
24         (6) To transfer jurisdiction of any realty under the
25     control of the Department to any other department of the
26     State Government or to acquire or accept federal lands when
27     the transfer, acquisition, or acceptance is advantageous
28     to the State and is approved in writing by the Governor.
29         (7) To formulate rules and regulations necessary for
30     the enforcement of any Act administered by the Department.
31         (8) To exchange with the Illinois Department of Public
32     Aid information that may be necessary for the enforcement
33     of child support orders entered pursuant to the Illinois
34     Public Aid Code, the Illinois Marriage and Dissolution of
35     Marriage Act, the Non-Support of Spouse and Children Act,
36     the Non-Support Punishment Act, the Revised Uniform

 

 

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1     Reciprocal Enforcement of Support Act, the Uniform
2     Interstate Family Support Act, or the Illinois Parentage
3     Act of 1984. Notwithstanding any provisions in this Code to
4     the contrary, the Department of Professional Regulation
5     shall not be liable under any federal or State law to any
6     person for any disclosure of information to the Illinois
7     Department of Public Aid under this paragraph (8) or for
8     any other action taken in good faith to comply with the
9     requirements of this paragraph (8).
10         (9) To perform other duties prescribed by law.
11         (10) To create a link on the Department's website to
12     the Medical Liability Insurance Resource Clearinghouse
13     maintained on the Department of Insurance's website and to
14     include a written notice about the Clearinghouse with any
15     license renewal information for all health care
16     professions regulated by the Department.
17     (b) The Department may, when a fee is payable to the
18 Department for a wall certificate of registration provided by
19 the Department of Central Management Services, require that
20 portion of the payment for printing and distribution costs be
21 made directly or through the Department to the Department of
22 Central Management Services for deposit into the Paper and
23 Printing Revolving Fund. The remainder shall be deposited into
24 the General Revenue Fund.
25     (c) For the purpose of securing and preparing evidence, and
26 for the purchase of controlled substances, professional
27 services, and equipment necessary for enforcement activities,
28 recoupment of investigative costs, and other activities
29 directed at suppressing the misuse and abuse of controlled
30 substances, including those activities set forth in Sections
31 504 and 508 of the Illinois Controlled Substances Act, the
32 Director and agents appointed and authorized by the Director
33 may expend sums from the Professional Regulation Evidence Fund
34 that the Director deems necessary from the amounts appropriated
35 for that purpose. Those sums may be advanced to the agent when
36 the Director deems that procedure to be in the public interest.

 

 

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1 Sums for the purchase of controlled substances, professional
2 services, and equipment necessary for enforcement activities
3 and other activities as set forth in this Section shall be
4 advanced to the agent who is to make the purchase from the
5 Professional Regulation Evidence Fund on vouchers signed by the
6 Director. The Director and those agents are authorized to
7 maintain one or more commercial checking accounts with any
8 State banking corporation or corporations organized under or
9 subject to the Illinois Banking Act for the deposit and
10 withdrawal of moneys to be used for the purposes set forth in
11 this Section; provided, that no check may be written nor any
12 withdrawal made from any such account except upon the written
13 signatures of 2 persons designated by the Director to write
14 those checks and make those withdrawals. Vouchers for those
15 expenditures must be signed by the Director. All such
16 expenditures shall be audited by the Director, and the audit
17 shall be submitted to the Department of Central Management
18 Services for approval.
19     (d) Whenever the Department is authorized or required by
20 law to consider some aspect of criminal history record
21 information for the purpose of carrying out its statutory
22 powers and responsibilities, then, upon request and payment of
23 fees in conformance with the requirements of Section 2605-400
24 of the Department of State Police Law (20 ILCS 2605/2605-400),
25 the Department of State Police is authorized to furnish,
26 pursuant to positive identification, the information contained
27 in State files that is necessary to fulfill the request.
28     (e) The provisions of this Section do not apply to private
29 business and vocational schools as defined by Section 1 of the
30 Private Business and Vocational Schools Act.
31     (f) Beginning July 1, 1995, this Section does not apply to
32 those professions, trades, and occupations licensed under the
33 Real Estate License Act of 2000, nor does it apply to any
34 permits, certificates, or other authorizations to do business
35 provided for in the Land Sales Registration Act of 1989 or the
36 Illinois Real Estate Time-Share Act.

 

 

SB3043 - 6 - LRB093 20677 SAS 46546 b

1 (Source: P.A. 91-239, eff. 1-1-00; 91-245, eff. 12-31-99;
2 91-613, eff. 10-1-99; 92-16, eff. 6-28-01.)
 
3     Section 10. The Department of Public Health Powers and
4 Duties Law of the Civil Administrative Code of Illinois is
5 amended by adding Section 2310-610 as follows:
 
6     (20 ILCS 2310/2310-610 new)
7     Sec. 2310-610. The Medical Liability Insurance
8 Clearinghouse; notice. To create a link on the Department's
9 website to the Medical Liability Insurance Resource
10 Clearinghouse maintained on the Department of Insurance's
11 website and to include a written notice about the Clearinghouse
12 with any license renewal information for all health care
13 facilities, equipment, or providers regulated by the
14 Department.
 
15     Section 15. The Illinois Insurance Code is amended by
16 adding Section 155.18a as follows:
 
17     (215 ILCS 5/155.18a new)
18     Sec. 155.18a. The Medical Liability Insurance Resource
19 Clearinghouse. The Director of Insurance shall establish a
20 Medical Liability Insurance Resource Clearinghouse. The
21 Clearinghouse shall be a list containing the names, street
22 addresses, telephone numbers, and company website addresses of
23 (i) all licensed, certified, or registered companies providing
24 medical liability insurance in this State to any health care
25 professionals or health care providers as defined in the
26 Managed Care Reform and Patients Rights Act, and (ii) all
27 insurance producers, as defined in Article XXXI of the Illinois
28 Insurance Code, that provide access to medical liability
29 insurance in this State to any health care professionals or
30 health care providers as defined in the Managed Care Reform and
31 Patients Rights Act. The Clearinghouse shall be maintained on
32 the Department's website and made available to the public upon

 

 

SB3043 - 7 - LRB093 20677 SAS 46546 b

1 written request.
 
2     Section 99. Effective date. This Act takes effect upon
3 becoming law.