97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1549

 

Introduced 2/9/2011, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
New Act
20 ILCS 4045/Act rep.

    Creates the Illinois Health Benefits Exchange Act. Provides that beginning January 1, 2014 and in accordance with the federal Patient Protection and Affordable Care Act, the State shall establish a State health benefits exchange to be known as the Illinois Health Benefits Exchange in order to help individuals and small employers with no more than 50 employees shop for, select, and enroll in qualified, affordable private health plans. Sets forth provisions concerning Exchange functions, the Legislative Study Committee, Committee studies, and federal action. Repeals the Health Care Justice Act. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning health.
 
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
5Illinois Health Benefits Exchange Act.
 
6    Section 3. Legislative intent. The General Assembly finds
7the health benefits exchanges authorized by the federal Patient
8Protection and Affordable Care Act represent one of a number of
9ways in which the State can address coverage gaps and provide
10individual consumers and small employers access to greater
11coverage options. The General Assembly also finds that the
12State is best-positioned to implement an exchange that is
13sensitive to the coverage gaps and market landscape unique to
14this State.
15    The purpose of this Act is to ensure that the State is
16making sufficient progress towards establishing an exchange
17within the guidelines outlined by the federal law and to
18protect Illinoisans from undue federal regulation. Although
19the federal law imposes a number of core requirements on
20state-level exchanges, the State has significant flexibility
21in the design and operation of a State exchange that make it
22prudent for the State to carefully analyze, plan, and prepare
23for the exchange. The General Assembly finds that in order for

 

 

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1the State to craft a tenable exchange that meets the
2fundamental goals outlined by the Patient Protection and
3Affordable Care Act of expanding access to affordable coverage
4and improving the quality of care, the implementation process
5should (1) provide for broad stakeholder representation; (2)
6foster a robust and competitive marketplace, both inside and
7outside of the exchange; and (3) provide for a broad-based
8approach to the fiscal solvency of the exchange.
 
9    Section 5. State health benefits exchange. It is declared
10that this State, beginning January 1, 2014, in accordance with
11Section 1311 of the federal Patient Protection and Affordable
12Care Act, shall establish a State health benefits exchange to
13be known as the Illinois Health Benefits Exchange in order to
14help individuals and small employers with no more than 50
15employees shop for, select, and enroll in qualified, affordable
16private health plans that fit their needs at competitive
17prices. The Exchange shall separate coverage pools for
18individuals and small employers and shall supplement and not
19supplant any existing private health insurance market for
20individuals and small employers.
 
21    Section 10. Exchange functions. The Illinois Health
22Benefits Exchange shall meet the core functions identified by
23Section 1311 of the Patient Protection and Affordable Care Act
24and subsequent federal guidance and regulations.
 

 

 

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1    Section 15. Illinois Health Benefits Exchange Legislative
2Study Committee.
3    (a) There is created an Illinois Health Benefits Exchange
4Legislative Study Committee to conduct a study regarding State
5implementation and establishment of the Illinois Health
6Benefits Exchange.
7    (b) Members of the Legislative Study Committee shall be
8appointed as follows: 3 members of the Senate shall be
9appointed by the President of the Senate; 3 members of the
10Senate shall be appointed by the Minority Leader of the Senate;
113 members of the House of Representatives shall be appointed by
12the Speaker of the House of Representatives; and 3 members of
13the House of Representatives shall be appointed by the Minority
14Leader of the House of Representatives. Each legislative leader
15shall select one member to serve as co-chair of the committee.
16    (c) Members of the Legislative Study Committee shall be
17appointed within 30 days after the effective date of this Act.
18The co-chairs shall convene the first meeting of the committee
19no later than 45 days after the effective date of this Act.
 
20    Section 20. Committee study. No later than December 31,
212011, the Committee shall report all findings concerning the
22implementation and establishment of the Illinois Health
23Benefits Exchange to the executive and legislative branches.
24The Committee study shall also include recommendations

 

 

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1concerning prospective action on behalf of the General Assembly
2as it relates to the establishment of the Exchange in 2011,
32012, 2013, and 2014.
 
4    Section 25. Federal action. This Act shall be null and
5void if Congress and the President take action to repeal or
6replace, or both, Section 1311 of the Affordable Care Act.
 
7    (20 ILCS 4045/Act rep.)
8    Section 30. The Health Care Justice Act is repealed.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.