98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2799

 

Introduced 1/30/2014, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 105/4.15 new
20 ILCS 105/4.16 new
20 ILCS 1405/1405-15  was 20 ILCS 1405/56.2

    Amends the Illinois Act on the Aging and the Department of Insurance Law of the Civil Administrative Code of Illinois. Implements Executive Order 2013-1. Transfers the Senior Health Insurance Program from the Department of Insurance to the Department on Aging. Contains a severability provision. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Act on the Aging is amended by
5adding 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
8to the Department on Aging.
9    (a) This amendatory Act of the 98th General Assembly
10implements and supersedes Executive Order 2013-1.
11    (b) Beginning April 1, 2013, or as soon thereafter as
12practicable, the powers, duties, rights and responsibilities
13related to the functions of the Senior Health Insurance
14Program, as established in Section 1405-15 of the Department of
15Insurance Law, as well as the staff performing those functions,
16shall be transferred from the Department of Insurance to the
17Department on Aging.
18    (c) Whenever any provision of law provides for membership
19of the Director of Insurance, or his or her designee, on any
20board, commission, council, or other entity relating to the
21functions of the Senior Health Insurance Program, the Director
22of Aging, or his or her designee, shall serve in that place. If
23more than one such person is required by law to serve on any

 

 

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1board, commission, council, or other entity, then an equivalent
2number of representatives of the Department on Aging shall so
3serve.
4    (d) The powers, duties, rights, and responsibilities
5vested in or associated with the functions of the Senior Health
6Insurance Program shall not be affected by this amendatory Act
7of the 98th General Assembly, except that all management and
8staff support or other resources necessary to the operations of
9the Senior Health Insurance Program shall be provided by the
10Department on Aging.
11    (e) Personnel under the Department of Insurance affected by
12this amendatory Act of the 98th General Assembly shall continue
13their service within the Department on Aging. The status and
14rights of the employees and the State of Illinois and its
15agencies under the Personnel Code and applicable collective
16bargaining agreements or under any pension, retirement, or
17annuity plan shall not be affected by this amendatory Act of
18the 98th General Assembly.
19    (f) All books, contracts, correspondence, documents,
20papers, personnel files, property (real and personal),
21records, other associated items, and pending business in any
22way pertaining to the powers, duties, rights, and
23responsibilities related to the functions of the Senior Health
24Insurance Program shall be transferred from the Department of
25Insurance and delivered to the Department on Aging for
26continuation, modification, or termination, as appropriate,

 

 

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1including, but not limited to, material in electronic or
2magnetic format and necessary computer hardware and software;
3provided, however, that the delivery of such information shall
4not violate any applicable confidentiality constraints.
5    (g) All unexpended appropriations and the balances of any
6funds, grants, donations, or other moneys available for use by
7the Department of Insurance in connection with the functions of
8the Senior Health Insurance Program shall be transferred to the
9Department on Aging for continued use in supporting the Senior
10Health Insurance Program as directed by the Governor.
11Unexpended balances so transferred shall be expended only for
12the purpose for which the appropriation was originally made.
13    (h) The powers, duties, rights, and responsibilities
14related to the functions of the Senior Health Insurance Program
15and transferred from the Department of Insurance by this
16amendatory Act of the 98th General Assembly shall be vested in
17and shall be exercised by the Department on Aging. Each act
18done in exercise of such powers, duties, rights, and
19responsibilities shall have the same legal effect as if done by
20the Department of Insurance or one of its divisions, officers,
21or employees.
22    (i) Every person or entity to whom powers, duties, rights,
23or responsibilities are transferred under this Section is
24subject to the same obligations and duties and any penalties,
25civil or criminal, arising therefrom, and has the same rights
26arising from the exercise of those powers, duties, rights, and

 

 

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1responsibilities, as are prescribed by law in connection with
2the exercise of those powers, duties, rights, and
3responsibilities.
4    (j) Every officer of the Department on Aging shall, for any
5offense, be subject to the same penalty or penalties, civil or
6criminal, as are prescribed by existing law for the same
7offense by any officer of the Department of Insurance whose
8powers or duties were transferred under this amendatory Act of
9the 98th General Assembly.
10    (k) Whenever reports or notices are required to be made or
11given or papers or documents furnished or served by any person
12to or upon the Department of Insurance in connection with any
13of the functions of the Senior Health Insurance Program
14transferred by this amendatory Act of the 98th General
15Assembly, the same shall be made, given, furnished, or served
16in the same manner to or upon the Department on Aging.
17    (l) This amendatory Act of the 98th General Assembly does
18not affect any act completed, ratified, or canceled or any
19right occurring or established or any action or proceeding had
20or commenced in an administrative, civil, or criminal cause
21regarding the functions of the Senior Health Insurance Program
22before the effective date of Executive Order 2013-1; such
23actions or proceedings may be prosecuted and continued by the
24Department on Aging.
25    (m) This amendatory Act of the 98th General Assembly does
26not affect the legality of any rules relating to the functions

 

 

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1of the Senior Health Insurance Program that were duly adopted
2by the Department of Insurance and in full force on the
3effective date of Executive Order 2013-1. Any proposed rules
4filed with the Secretary of State by the Department of
5Insurance pertaining to the transferred functions that are
6pending in the rulemaking process on the effective date of
7Executive Order 2013-1 shall be deemed to have been filed by
8the Department on Aging. As soon as practicable, the affected
9agencies shall revise and clarify the transferred rules under
10this amendatory Act of the 98th General Assembly to reflect the
11reorganization of rights, powers, and duties affected by this
12amendatory Act of the 98th General Assembly. If necessary, the
13affected agencies may also propose, adopt, or repeal rules,
14rule amendments, and rule recodifications using the procedures
15available under the Illinois Administrative Act as appropriate
16to effectuate this amendatory Act of the 98th General Assembly,
17except that existing Title, Part, and Section numbering for the
18affected rules may be retained.
19    (n) To the extent necessary or prudent to fully implement
20the intent of this Section, the Department of Insurance and the
21Department on Aging may enter into one or more interagency
22agreements to ensure the full and appropriate transfer of all
23functions of the Senior Health Insurance Program.
 
24    (20 ILCS 105/4.16 new)
25    Sec. 4.16. Senior citizen assistance and information

 

 

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1program.
2    (a) Pursuant to Section 4.15 of this Act, the Department on
3the Aging shall administer and operate a program to provide
4assistance and information to senior citizens in relation to
5insurance matters. The program may include, but is not limited
6to, counseling for senior citizens in the evaluation,
7comparison, or selection of Medicare options, Medicare
8supplement insurance, and long-term care insurance.
9    (b) The Department shall recruit and train volunteers to
10provide the following:
11        (i) one-on-one counseling on insurance matters; and
12        (ii) education on insurance matters to senior citizens
13    through public forums.
14    (c) The Department shall solicit the volunteers for their
15input and advice on the success and accessibility of the
16program.
17    (d) The Department shall strive to ensure that all seniors
18residing in Illinois have access to the program.
19    (e) The Department may promulgate reasonable rules
20necessary to implement this Section.
 
21    Section 10. The Department of Insurance Law of the Civil
22Administrative Code of Illinois is amended by changing Section
231405-15 as follows:
 
24    (20 ILCS 1405/1405-15)  (was 20 ILCS 1405/56.2)

 

 

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1    Sec. 1405-15. Senior citizen assistance and information
2program.
3    (a) The Department of Insurance shall administer and
4operate a program to provide assistance and information to
5senior citizens in relation to insurance matters. The program
6may include, but is not limited to, counseling for senior
7citizens in the evaluation, comparison, or selection of
8Medicare options, Medicare supplement insurance, and long-term
9care insurance.
10    (b) The Department shall recruit and train volunteers to
11provide the following:
12        (i) one-on-one counseling on insurance matters; and
13        (ii) education on insurance matters to senior citizens
14    through public forums.
15    (c) The Department shall solicit the volunteers for their
16input and advice on the success and accessibility of the
17program.
18    (d) The Department shall strive to assure that all seniors
19residing in Illinois have access to the program.
20    (e) The Department of Insurance may promulgate reasonable
21rules necessary to implement this Section.
22    (f) Pursuant to Section 4.15 of the Illinois Act on the
23Aging, the Department of Insurance's powers, duties, rights,
24and responsibilities related to the Senior Health Insurance
25Program under this Section are transferred to the Department on
26Aging.

 

 

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1    (g) This Section is repealed on April 1, 2014.
2(Source: P.A. 91-239, eff. 1-1-00.)
 
3    Section 97. Severability. The provisions of this Act are
4severable under Section 1.31 of the Statute on Statutes.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.