97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0283

 

Introduced 01/28/11, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Consumer Health Insurance Counsel Act. Creates the independent Office of Consumer Health Insurance Counsel for the purpose of representing the interests of health insurance consumers. Sets forth provisions concerning the appointment and qualifications of and prohibited activities regarding the position of Consumer Health Insurance Counsel. Provides that the Consumer Health Insurance Counsel may assess the impact of insurance rates, rules, and forms on consumers and shall advocate positions determined to be most advantageous to a substantial number of insurance consumers. Sets forth additional provisions.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning insurance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Consumer Health Insurance Counsel Act.
 
6    Section 5. Definitions. For the purposes of this Act:
7    "Department" means the Department of Insurance.
8    "Director" means the Director of Insurance.
9    "Office" means the Office of Consumer Health Insurance
10Counsel.
 
11    Section 10. Office of Consumer Health Insurance Counsel.
12The independent Office of Consumer Health Insurance Counsel is
13created for the purpose of representing the interests of health
14insurance consumers in Illinois.
 
15    Section 15. Appointment; term. The Governor, with the
16advice and consent of the Senate, shall appoint a Consumer
17Health Insurance Counsel to serve as director of the Office.
18The term of the Consumer Health Insurance Counsel shall be 4
19years.
 
20    Section 20. Qualifications. To be eligible to serve as

 

 

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1Consumer Health Insurance Counsel, a person must:
2    (1) be an attorney licensed to practice in Illinois;
3    (2) have demonstrated a strong commitment to and
4involvement in efforts to safeguard the rights of the public;
5and
6    (3) possess the knowledge and experience necessary to
7practice effectively in insurance proceedings.
 
8    Section 25. Business interest prohibitions. A person is not
9eligible for appointment as Consumer Health Insurance Counsel
10or for employment as an Assistant Consumer Health Insurance
11Counsel with the Office if the person or the person's spouse:
12        (1) is employed by or participates in the management of
13    a business entity or other organization regulated by or
14    receiving funds from the Department;
15        (2) owns or controls, directly or indirectly, an
16    interest in a business entity or other organization
17    regulated by or receiving funds from the Department; or
18        (3) uses or receives a substantial amount of tangible
19    goods, services, or funds from the Department or the
20    Office, other than compensation or reimbursement
21    authorized by law for Department or Office membership,
22    attendance, or expenses.
 
23    Section 30. Lobbying activities. A person may not serve as
24Consumer Health Insurance Counsel or act as Assistant Consumer

 

 

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1Health Insurance Counsel if the person is required to register
2as a lobbyist under the Lobbyist Registration Act because of
3the person's activities for compensation related to the
4operation of the Department or the Office.
 
5    Section 35. Grounds for removal. The Consumer Health
6Insurance Counsel shall be removed from the position by the
7appointing officer if he or she:
8        (1) does not have at the time of appointment or
9    maintain during service as Consumer Health Insurance
10    Counsel the qualifications required by Section 20 of this
11    Act;
12        (2) violates a prohibition established by Section 25 of
13    this Act; or
14        (3) cannot, because of illness or disability,
15    discharge the Consumer Health Insurance Counsel's duties
16    for a substantial part of the Consumer Health Insurance
17    Counsel's term.
 
18    Section 40. Revolving door prohibition. No former Consumer
19Health Insurance Counsel or Assistant Consumer Health
20Insurance Counsel or spouse or immediate family member living
21with such person, shall, within a year after the date the
22person ceases to serve as Consumer Health Insurance Counsel or
23Assistant Consumer Health Insurance Counsel, represent any
24person or receive compensation for services rendered on behalf

 

 

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1of any party involved in a matter in which the Consumer Health
2Insurance Counsel or Assistant Consumer Health Insurance
3Counsel participated personally and substantially before the
4Director, the Department, or any State health insurance rate
5review board in the year immediately preceding the date the
6person ceases to serve as Consumer Health Insurance Counsel or
7Assistant Consumer Health Insurance Counsel.
 
8    Section 45. Prohibitions against political activities.
9    (a) No Consumer Health Insurance Counsel or employee of the
10Office may, during his or her term of appointment or
11employment:
12        (1) become a candidate for any elective office;
13        (2) hold any other elected or appointed public office,
14    except for appointments on governmental advisory boards or
15    study commissions or as otherwise expressly authorized by
16    law;
17        (3) be actively involved in the affairs of any
18    political party or political organization; or
19        (4) advocate for the appointment of another person to
20    an appointed or elected office or position or actively
21    participate in any campaign for any elective office.
22    (b) In this Section, "appointed public office" means a
23position authorized by law that is filled by an appointing
24authority as provided by law and does not include employment by
25hiring in the ordinary course of business.

 

 

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1    (c) No Consumer Health Insurance Counsel or employee of the
2Office may, for one year after the termination of his or her
3employment:
4        (1) become a candidate for any elective office;
5        (2) hold any elected public office; or
6        (3) hold any appointed State, county, or local judicial
7    office.
8    (d) The requirements of item (3) of subsection (a) of this
9Section may be waived by the Executive Ethics Commission.
 
10    Section 50. Office personnel. The Office shall be comprised
11of the Consumer Health Insurance Counsel and such Assistant
12Consumer Health Insurance Counsels and other staff as are
13deemed necessary to implement this Act.
 
14    Section 55. Powers and duties. The Office:
15    (1) may assess the impact of insurance rates, rules, and
16forms on health insurance consumers in this State; and
17    (2) shall advocate in the Office's own name positions
18determined by the Consumer Health Insurance Counsel to be most
19advantageous to a substantial number of insurance consumers.
 
20    Section 60. Authority to appear, intervene, or initiate.
21The Consumer Health Insurance Counsel:
22        (1) may appear or intervene, as a party or otherwise,
23    as a matter of right before the Director, the Department,

 

 

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1    or any State health insurance rate review board on behalf
2    of insurance consumers, as a class, in matters involving
3    rates, rules, and forms affecting accident and health
4    insurance policies, managed care plans, and health plans
5    offered by health maintenance organizations;
6        (2) may initiate or intervene as a matter of right or
7    otherwise appear in a judicial proceeding involving or
8    arising from an action taken by an administrative agency in
9    a proceeding in which the Consumer Health Insurance Counsel
10    previously appeared under the authority granted by this
11    Section; and
12        (3) may appear or intervene, as a party or otherwise,
13    as a matter of right on behalf of insurance consumers as a
14    class in any proceeding in which the Consumer Health
15    Insurance Counsel determines that insurance consumers are
16    in need of representation, except that he or she may not
17    intervene in an enforcement or parens patriae proceeding
18    brought by the Attorney General.
 
19    Section 65. Intervention. The Consumer Health Insurance
20Counsel may not intervene or appear in:
21        (1) any proceeding or hearing before the Director or
22    Department, or any other proceeding, that relates to
23    approval or consideration of an individual charter,
24    license, certificate of authority, acquisition, merger, or
25    examination; or

 

 

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1        (2) any proceeding concerning the solvency of an
2    individual insurer, a financial issue, a policy form,
3    advertising, or another regulatory issue affecting an
4    individual insurer or agent.
 
5    Section 70. Recommendation of legislation. The Consumer
6Health Insurance Counsel may recommend legislation to the
7legislature that the Consumer Health Insurance Counsel
8determines would positively affect the interests of insurance
9consumers.