Full Text of SB1087 102nd General Assembly
SB1087sam001 102ND GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 4/15/2021
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| 1 | | AMENDMENT TO SENATE BILL 1087
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1087 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Insurance Law of the
Civil | 5 | | Administrative Code of Illinois is amended by adding Section | 6 | | 1405-40 as follows: | 7 | | (20 ILCS 1405/1405-40 new) | 8 | | Sec. 1405-40. Transfer of the Illinois Comprehensive | 9 | | Health Insurance Plan. Upon entry of an Order of | 10 | | Rehabilitation or Liquidation against the Comprehensive Health | 11 | | Insurance Plan in accordance with Article XIII of the Illinois | 12 | | Insurance Code, all powers, duties, rights, and | 13 | | responsibilities of the Illinois Comprehensive Health | 14 | | Insurance Plan and the Illinois Comprehensive Health Insurance | 15 | | Board under the Comprehensive Health Insurance Plan Act shall | 16 | | be transferred to and vested in the Director of Insurance as |
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| 1 | | rehabilitator or liquidator as provided in the provisions of | 2 | | this amendatory Act of the 102nd General Assembly. | 3 | | Section 10. The Comprehensive Health Insurance Plan Act is | 4 | | amended by changing Sections 1.1, 3, and 15 and by adding | 5 | | Sections 16 and 17 as follows:
| 6 | | (215 ILCS 105/1.1) (from Ch. 73, par. 1301.1)
| 7 | | Sec. 1.1.
The General Assembly hereby makes the following | 8 | | findings and
declarations:
| 9 | | (a) The Comprehensive Health Insurance Plan is | 10 | | established as a State
program that is intended to provide
| 11 | | an alternate market for health insurance for certain | 12 | | uninsurable Illinois
residents, and further is intended to | 13 | | provide an
acceptable alternative mechanism as described | 14 | | in the federal Health Insurance
Portability and | 15 | | Accountability Act of 1996 for providing portable and
| 16 | | accessible individual health insurance coverage for | 17 | | federally eligible
individuals as defined in this Act.
| 18 | | (b) The State of Illinois may subsidize the cost of | 19 | | health insurance
coverage offered by the Plan. However, | 20 | | since the State
has only a limited amount of
resources, | 21 | | the General Assembly declares that it intends for this | 22 | | program to
provide portable and accessible individual | 23 | | health insurance coverage for every
federally eligible | 24 | | individual who qualifies for coverage in accordance with
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| 1 | | Section 15 of this Act, but does not intend for every
| 2 | | eligible person who qualifies for Plan coverage in | 3 | | accordance with Section 7
of this Act to be guaranteed a | 4 | | right to be issued a policy under
this
Plan as a matter of | 5 | | entitlement.
| 6 | | (c) The Comprehensive Health Insurance Plan Board | 7 | | shall operate the Plan
in a manner so that the estimated | 8 | | cost of the program during
any fiscal year will not exceed | 9 | | the total income it expects to receive from
policy | 10 | | premiums, investment income, assessments, or fees | 11 | | collected or
received
by the Board and other funds which | 12 | | are made available from
appropriations for the Plan by
the | 13 | | General Assembly for that fiscal year.
| 14 | | With the implementation of the federal Patient Protection | 15 | | and Affordable Care Act, the Plan shall discontinue as the | 16 | | alternative market for health insurance for certain Illinois | 17 | | residents and discontinue as the alternative mechanism, as | 18 | | described in the federal Health Insurance Portability and | 19 | | Accountability Act of 1996, effective no later than January 1, | 20 | | 2022. | 21 | | (Source: P.A. 90-30, eff. 7-1-97.)
| 22 | | (215 ILCS 105/3) (from Ch. 73, par. 1303)
| 23 | | Sec. 3. Operation of the Plan.
| 24 | | a. There is hereby created an Illinois Comprehensive | 25 | | Health Insurance Plan.
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| 1 | | b. The Plan shall operate subject to the supervision and | 2 | | control of
the Board. The Board is created as a political | 3 | | subdivision and body
politic and corporate and, as such, is | 4 | | not a State agency. The Board shall
consist of 10 public | 5 | | members, appointed by the Governor with the
advice and consent | 6 | | of the Senate.
| 7 | | Initial members shall be appointed to the Board by the | 8 | | Governor as
follows: 2 members to serve until July 1, 1988, and | 9 | | until their successors
are appointed and qualified; 2 members | 10 | | to serve until July 1, 1989, and
until their successors are | 11 | | appointed and qualified; 3 members to serve
until July 1, | 12 | | 1990, and until their successors are appointed and qualified;
| 13 | | and 3 members to serve until July 1, 1991, and until their | 14 | | successors are
appointed and qualified. As terms of initial | 15 | | members expire, their
successors shall be appointed for terms | 16 | | to expire the first day in July 3
years thereafter, and until | 17 | | their successors are appointed and qualified.
| 18 | | Any vacancy in the Board occurring for any reason other | 19 | | than the
expiration of a term shall be filled for the unexpired | 20 | | term in the same
manner as the original appointment.
| 21 | | Any member of the Board may be removed by the Governor for | 22 | | neglect of
duty, misfeasance, malfeasance, or nonfeasance in | 23 | | office.
| 24 | | In addition, a representative of the
Governor's Office of | 25 | | Management and Budget, a representative of the Office
of the | 26 | | Attorney General and the Director or the Director's designated
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| 1 | | representative shall be members of the Board. Four members of | 2 | | the General
Assembly, one each appointed by the President and | 3 | | Minority Leader of the
Senate and by the Speaker and Minority | 4 | | Leader of the House of
Representatives, shall serve as | 5 | | nonvoting members of the Board. At least
2 of the public | 6 | | members shall be individuals reasonably expected to qualify
| 7 | | for coverage under the Plan, the parent or spouse of such an
| 8 | | individual, or a surviving family member of an individual who | 9 | | could have
qualified for the Plan during his lifetime. The | 10 | | Director or Director's
representative shall be the chairperson | 11 | | of the Board. Members of the Board
shall receive no | 12 | | compensation, but shall be reimbursed for reasonable
expenses | 13 | | incurred in the necessary performance of their duties.
| 14 | | c. The Board shall make an annual report in September and
| 15 | | shall file the report with the Secretary of the Senate and the | 16 | | Clerk of
the House of Representatives. The report shall | 17 | | summarize the activities of
the Plan in the preceding calendar | 18 | | year, including net written and earned
premiums, the expense | 19 | | of administration, the paid and incurred
losses for the year | 20 | | and other information as may be requested by the
General | 21 | | Assembly. The report shall also include analysis and
| 22 | | recommendations regarding utilization review, quality | 23 | | assurance and access
to cost effective quality health care.
| 24 | | d. In its plan of operation the Board shall:
| 25 | | (1) Establish procedures for selecting a Plan | 26 | | administrator in
accordance with Section 5 of this Act.
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| 1 | | (2) Establish procedures for the operation of the | 2 | | Board.
| 3 | | (3) Create a Plan fund, under management of the Board, | 4 | | to fund
administrative, claim, and other expenses of the | 5 | | Plan.
| 6 | | (4) Establish procedures for the handling and | 7 | | accounting of assets and
monies of the Plan.
| 8 | | (5) Develop and implement a program to publicize the | 9 | | existence of the
Plan, the eligibility requirements and | 10 | | procedures for enrollment and to
maintain public awareness | 11 | | of the Plan.
| 12 | | (6) Establish procedures under which applicants and | 13 | | participants may have
grievances reviewed by a grievance | 14 | | committee appointed by the Board. The
grievances shall be | 15 | | reported to the Board immediately after completion of
the | 16 | | review. The Department and the Board shall retain all | 17 | | written
complaints regarding the Plan for at least 3 | 18 | | years. Oral complaints
shall be reduced to written form | 19 | | and maintained for at least 3 years.
| 20 | | (7) Provide for other matters as may be necessary and | 21 | | proper for
the execution of its powers, duties and | 22 | | obligations under the Plan.
| 23 | | e. No later than 5 years after the Plan is operative the | 24 | | Board and
the Department shall conduct cooperatively a study | 25 | | of the Plan and the
persons insured by the Plan to determine: | 26 | | (1) claims experience including a
breakdown of medical |
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| 1 | | conditions for which claims were paid; (2) whether
| 2 | | availability of the Plan affected employment opportunities for
| 3 | | participants; (3) whether availability of the Plan affected | 4 | | the receipt of
medical assistance benefits by Plan | 5 | | participants; (4) whether a change
occurred in the number of | 6 | | personal bankruptcies due to medical or other
health related | 7 | | costs; (5) data regarding all complaints received about the
| 8 | | Plan including its operation and services; (6) and any other | 9 | | significant
observations regarding utilization of the Plan. | 10 | | The study shall culminate
in a written report to be presented | 11 | | to the Governor, the President of the
Senate, the Speaker of | 12 | | the House and the chairpersons of the House and
Senate | 13 | | Insurance Committees. The report shall be filed with the
| 14 | | Secretary of the Senate and the Clerk of the House of | 15 | | Representatives. The
report shall also be available to members | 16 | | of the general public upon request.
| 17 | | (e-5) The Board shall conduct a feasibility study of | 18 | | establishing a small employer health insurance pool in which | 19 | | employers may provide affordable health insurance coverage to | 20 | | their employees. The Board may contract with a private entity | 21 | | or enter into intergovernmental agreements with State agencies | 22 | | for the completion of all or part of the study. The study | 23 | | shall: | 24 | | (i) Analyze other states' experience in establishing | 25 | | small employer health
insurance pools; | 26 | | (ii) Assess the need for a small employer health |
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| 1 | | insurance pool, including the number of individuals who | 2 | | might benefit from it; | 3 | | (iii) Recommend means of establishing a small employer | 4 | | health insurance pool; and | 5 | | (iv) Estimate the cost of providing a small employer | 6 | | health insurance pool through the Illinois Comprehensive | 7 | | Health Insurance Plan or another, public or private | 8 | | entity. | 9 | | The Board may accept donations, in trust, from any legal | 10 | | source, public or private, for deposit into a trust account | 11 | | specifically created for expenditure, without the necessity of | 12 | | being appropriated, solely for the purpose of conducting all | 13 | | or part of the study.
The Board shall issue a report with | 14 | | recommendations to the Governor and the General Assembly by | 15 | | January 1, 2005.
As used in this subsection e-5, "small | 16 | | employer" means an employer having between one and 50 | 17 | | employees.
| 18 | | f. The Board may:
| 19 | | (1) Prepare and distribute certificate of eligibility | 20 | | forms and
enrollment instruction forms to insurance | 21 | | producers and to the general
public in this State.
| 22 | | (2) Provide for reinsurance of risks incurred by the | 23 | | Plan and enter into
reinsurance agreements with insurers | 24 | | to establish a reinsurance plan for
risks of coverage | 25 | | described in the Plan, or obtain commercial reinsurance
to | 26 | | reduce the risk of loss through the Plan.
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| 1 | | (3) Issue additional types of health insurance | 2 | | policies to provide
optional coverages as are otherwise | 3 | | permitted by this Act including a
Medicare supplement | 4 | | policy designed to supplement Medicare.
| 5 | | (4) Provide for and employ cost containment measures | 6 | | and requirements
including, but not limited to, | 7 | | preadmission certification, second surgical
opinion, | 8 | | concurrent utilization review programs, and individual | 9 | | case
management for the purpose of making the pool more | 10 | | cost effective.
| 11 | | (5) Design, utilize, contract, or otherwise arrange | 12 | | for the
delivery of cost effective health care services, | 13 | | including establishing or
contracting with preferred | 14 | | provider organizations, health maintenance organizations, | 15 | | and other limited network
provider
arrangements.
| 16 | | (6) Adopt bylaws, rules, regulations, policies and | 17 | | procedures as
may be necessary or convenient for the | 18 | | implementation of the Act and the
operation of the Plan.
| 19 | | (7) Administer separate pools, separate accounts, or | 20 | | other plans or
arrangements as required by this Act to | 21 | | separate federally eligible
individuals or groups of | 22 | | federally eligible individuals who qualify for Plan
| 23 | | coverage under Section 15 of this Act from eligible | 24 | | persons or groups of
eligible persons who qualify for Plan | 25 | | coverage under Section 7 of this Act and
apportion the | 26 | | costs of the
administration among such separate pools, |
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| 1 | | separate accounts, or other plans or
arrangements.
| 2 | | g. The Director may, by rule, establish additional powers | 3 | | and duties of
the Board and may adopt rules for any other | 4 | | purposes, including the
operation of the Plan, as are | 5 | | necessary or proper to implement this Act.
| 6 | | h. The Board is not liable for any obligation of the Plan. | 7 | | There is no
liability on the part of any member or employee of | 8 | | the Board , or the
Department, or the Director, both as | 9 | | regulator and as rehabilitator or liquidator, and no cause of | 10 | | action of any nature may arise against them,
for any action | 11 | | taken or omission made by them in the performance of their
| 12 | | powers and duties under this Act, unless the action or | 13 | | omission
constitutes willful or wanton misconduct. The Board | 14 | | may provide in its
bylaws or rules for indemnification of, and | 15 | | legal representation for, its
members and employees.
| 16 | | i. There is no liability on the part of any insurance | 17 | | producer for the
failure of any applicant to be accepted by the | 18 | | Plan unless the failure of
the applicant to be accepted by the | 19 | | Plan is due to an act or omission by
the insurance producer | 20 | | which constitutes willful or wanton misconduct.
| 21 | | j. Not later than 60 days after the effective date of this | 22 | | amendatory Act of the 102nd General Assembly, the Board shall | 23 | | develop a plan of rehabilitation or liquidation and | 24 | | dissolution, including the consent of a majority of the Board | 25 | | to the entry of an order of rehabilitation or liquidation, to | 26 | | wind down the affairs of the Plan, including details for the |
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| 1 | | transition to other health plans of any persons currently | 2 | | enrolled in the Plan, for presentation to and approval by the | 3 | | Director. Upon the Director's approval of the plan of | 4 | | rehabilitation or liquidation and dissolution, the Director | 5 | | shall thereafter report to the Attorney General of this State, | 6 | | whose duty it shall be to file a complaint for rehabilitation | 7 | | or liquidation of the Plan pursuant to the provisions of | 8 | | Article XIII of the Illinois Insurance Code. Upon entry of a | 9 | | final Order of Rehabilitation or Liquidation and the | 10 | | Director's appointment as statutory rehabilitator or | 11 | | liquidator, the Director shall begin to administer and oversee | 12 | | the wind-down and dissolution of the Plan in accordance with | 13 | | the provisions of Article XIII. | 14 | | (Source: P.A. 92-597, eff. 6-28-02; 93-622, eff. 12-18-03; | 15 | | 93-824, eff. 7-28-04 .)
| 16 | | (215 ILCS 105/15)
| 17 | | Sec. 15. Alternative portable coverage for federally | 18 | | eligible individuals.
| 19 | | (a) Notwithstanding the requirements of subsection a of | 20 | | Section 7 and
except as otherwise provided in this Section, | 21 | | any
federally eligible individual for whom a Plan
application, | 22 | | and such enclosures and supporting documentation as the Board | 23 | | may
require, is received by the Board within 90 days after the
| 24 | | termination of prior
creditable coverage shall qualify to | 25 | | enroll in the Plan under the
portability provisions of this |
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| 1 | | Section.
| 2 | | A federally eligible person who has
been certified as | 3 | | eligible pursuant to the federal Trade
Act of 2002
and whose | 4 | | Plan application and enclosures and supporting
documentation | 5 | | as the Board may require is received by the Board within 63 | 6 | | days
after the termination of previous creditable coverage | 7 | | shall qualify to enroll
in the Plan under the portability | 8 | | provisions of this Section.
| 9 | | (b) Any federally eligible individual seeking Plan | 10 | | coverage under this
Section must submit with his or her | 11 | | application evidence, including acceptable
written | 12 | | certification of previous creditable coverage, that will | 13 | | establish to
the Board's satisfaction, that he or she meets | 14 | | all of the requirements to be a
federally eligible individual | 15 | | and is currently and
permanently residing in this State (as of | 16 | | the date his or her application was
received by the Board).
| 17 | | (c) Except as otherwise provided in this Section, a period | 18 | | of creditable
coverage shall not be counted, with respect to
| 19 | | qualifying an applicant for Plan coverage as a federally | 20 | | eligible individual
under this Section, if after such period | 21 | | and before the application for Plan
coverage was received by | 22 | | the Board, there was at least a 90-day
period during
all of | 23 | | which the individual was not covered under any creditable | 24 | | coverage.
| 25 | | For a federally eligible person who has
been certified as | 26 | | eligible
pursuant to the federal Trade Act of 2002, a period of |
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| 1 | | creditable
coverage shall not be counted, with respect to | 2 | | qualifying an applicant for Plan
coverage as a federally | 3 | | eligible individual under this Section, if after such
period | 4 | | and before the application for Plan coverage was received by | 5 | | the Board,
there was at
least a 63-day period during all of | 6 | | which the individual was not covered under
any creditable | 7 | | coverage.
| 8 | | (d) Any federally eligible individual who the Board | 9 | | determines qualifies for
Plan coverage under this Section | 10 | | shall be offered his or her choice of
enrolling in one of | 11 | | alternative portability health benefit plans which the
Board
| 12 | | is authorized under this Section to establish for these | 13 | | federally eligible
individuals
and their dependents.
| 14 | | (e) The Board shall offer a choice of health care | 15 | | coverages consistent with
major medical coverage under the | 16 | | alternative health benefit plans authorized by
this Section to | 17 | | every federally eligible individual.
The coverages to be | 18 | | offered under the plans, the schedule of
benefits, | 19 | | deductibles, co-payments, exclusions, and other limitations | 20 | | shall be
approved by the Board. One optional form of coverage | 21 | | shall be comparable to
comprehensive health insurance coverage | 22 | | offered in the individual market in
this State or a standard | 23 | | option of coverage available under the group or
individual | 24 | | health insurance laws of the State. The standard benefit plan | 25 | | that
is
authorized by Section 8 of this Act may be used for | 26 | | this purpose. The Board
may also offer a preferred provider |
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| 1 | | option and such other options as the Board
determines may be | 2 | | appropriate for these federally eligible individuals who
| 3 | | qualify for Plan coverage pursuant to this Section.
| 4 | | (f) Notwithstanding the requirements of subsection f of | 5 | | Section 8, any
Plan coverage
that is issued to federally | 6 | | eligible individuals who qualify for the Plan
pursuant
to the | 7 | | portability provisions of this Section shall not be subject to | 8 | | any
preexisting conditions exclusion, waiting period, or other | 9 | | similar limitation
on coverage.
| 10 | | (g) Federally eligible individuals who qualify and enroll | 11 | | in the Plan
pursuant
to this Section shall be required to pay | 12 | | such premium rates as the Board shall
establish and approve in | 13 | | accordance with the requirements of Section 7.1 of
this Act.
| 14 | | (h) A federally eligible individual who qualifies and | 15 | | enrolls in the Plan
pursuant to this Section must satisfy on an | 16 | | ongoing basis all of the other
eligibility requirements of | 17 | | this Act to the extent not inconsistent with the
federal | 18 | | Health Insurance Portability and Accountability Act of 1996 in | 19 | | order to
maintain continued eligibility
for coverage under the | 20 | | Plan.
| 21 | | (i) New enrollment and policy renewals are discontinued on | 22 | | December 31, 2021. | 23 | | (Source: P.A. 100-201, eff. 8-18-17.)
| 24 | | (215 ILCS 105/16 new) | 25 | | Sec. 16. Cessation of operations. |
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| 1 | | (a) Except as otherwise provided in this Section, the | 2 | | insurance operations of the Plan authorized by this Act shall | 3 | | cease on December 31, 2021. | 4 | | (b) Coverage under the Plan does not apply to services | 5 | | provided on or after January 1, 2022. | 6 | | (c) The Plan shall cease providing coverage for | 7 | | participants enrolled prior to January 1, 2022 at 11:59 p.m. | 8 | | on December 31, 2021. | 9 | | (d) A claim for payment under the Plan must be submitted | 10 | | within 180 days after January 1, 2022 and paid in accordance | 11 | | with the provisions of Article XIII of the Illinois Insurance | 12 | | Code. | 13 | | (e) Any claim or grievance shall be resolved by the court | 14 | | supervising the Plan's Article XIII rehabilitation or | 15 | | liquidation proceedings. | 16 | | (f) Balance billing by a health care provider that is not a | 17 | | member of the provider network used by the Plan is prohibited. | 18 | | (g) The Board shall, not later than 60 days after the | 19 | | effective date of this amendatory Act of the 102nd General | 20 | | Assembly, submit to the Director a plan of rehabilitation or | 21 | | liquidation and dissolution, which must provide for, but shall | 22 | | not be limited to, the following: | 23 | | (1) continuity of care for an individual who is | 24 | | covered under the Plan and is an inpatient on January 1, | 25 | | 2022; | 26 | | (2) a final accounting of assessments; |
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| 1 | | (3) resolution of any net asset deficiency; | 2 | | (4) cessation of all liability of the Plan; and | 3 | | (5) final dissolution of the Plan. | 4 | | (h) The plan of rehabilitation or liquidation and | 5 | | dissolution may provide that, with the approval of the | 6 | | Director, a power or duty of the Plan may be delegated to a | 7 | | person that is to perform functions similar to the functions | 8 | | of the Plan. | 9 | | (i) Upon entry of an Order of Rehabilitation or | 10 | | Liquidation against the Plan, the court supervising the | 11 | | rehabilitation or liquidation proceedings shall have the | 12 | | jurisdiction to issue injunctions as set forth in Section 189 | 13 | | of the Illinois Insurance Code, including, but not limited to, | 14 | | the restraining of all persons, companies, and entities from | 15 | | bringing or further prosecuting all actions and proceedings at | 16 | | law or in equity or otherwise, whether in this State or | 17 | | elsewhere, against the Plan or its assets or property or the | 18 | | Director except insofar as those actions or proceedings arise | 19 | | in or are brought in the rehabilitation or liquidation | 20 | | proceedings. | 21 | | (j) Upon the entry of an order of rehabilitation or | 22 | | liquidation, the rights and liabilities of the Plan and of its | 23 | | policyholders and all other persons interested in its assets | 24 | | shall be fixed as of the date of entry of the order directing | 25 | | rehabilitation or liquidation, or such later date as may be | 26 | | provided by order of the court supervising the rehabilitation |
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| 1 | | or liquidation proceedings. | 2 | | (k) Upon the satisfaction of all claims allowed in the | 3 | | rehabilitation or liquidation proceedings, including the costs | 4 | | and expenses of administering the rehabilitation or | 5 | | liquidation, any remaining funds shall be distributed as | 6 | | follows: | 7 | | (1) for the accounts described in paragraph (2) of | 8 | | subsection (l) of Section 4, all funds shall be refunded | 9 | | on a pro rata basis to the insurers that were assessed | 10 | | based on the most recent deficit projections of the Plan's | 11 | | operation pursuant to Section 12 and to covered persons | 12 | | where appropriate; and | 13 | | (2) for all other accounts, all remaining funds shall | 14 | | be released and deposited into the Insurance Producer | 15 | | Administration Fund for use by the Department for | 16 | | initiatives to support the Illinois Health Benefits | 17 | | Exchange. | 18 | | (l) Upon the entry of an Order of Rehabilitation or | 19 | | Liquidation against the Plan, if the Director determines the | 20 | | Plan is holding any surplus funds in a segregated account | 21 | | associated with persons who qualified for coverage under | 22 | | Section 7 that are no longer required for the purposes for | 23 | | which they were acquired and are restricted from any other | 24 | | use, the Director may petition the court for such funds to be | 25 | | released and placed as follows: | 26 | | (1) the first $10,000,000 shall be deposited into the |
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| 1 | | Insurance Producer Administration Fund for use by the | 2 | | Department for initiatives to support the Illinois Health | 3 | | Benefits Exchange; and | 4 | | (2) the remainder shall be deposited into the Parity | 5 | | Advancement Fund. | 6 | | (215 ILCS 105/17 new) | 7 | | Sec. 17. Transfer of the Illinois Comprehensive Health | 8 | | Insurance Plan. | 9 | | (a) Upon entry of an Order of Rehabilitation or | 10 | | Liquidation against the Plan all powers, duties, rights, and | 11 | | responsibilities of the Plan and the Board shall be | 12 | | transferred to and vested in the Director, as rehabilitator or | 13 | | liquidator, who is authorized to wind down the affairs of the | 14 | | Plan in accordance with Article XIII of the Illinois Insurance | 15 | | Code. | 16 | | (b) The Director, as rehabilitator or liquidator, shall | 17 | | act on behalf of the Plan and the Board and shall have the | 18 | | power and duty to receive and answer correspondence, and shall | 19 | | evaluate all claims that are timely filed in the | 20 | | rehabilitation or liquidation proceedings and is authorized to | 21 | | make distribution from any unencumbered funds of the Plan's | 22 | | rehabilitation or liquidation estate upon all such claims as | 23 | | are allowed in the proceedings consistent with subsection (1) | 24 | | of Section 205 of the Illinois Insurance Code. Timely filed | 25 | | claims of vendors allowed in the rehabilitation or liquidation |
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| 1 | | proceedings that are not capable of being discharged, in full, | 2 | | from the assets of the rehabilitation or liquidation estate | 3 | | may be presented to the Court of Claims. | 4 | | (c) All books, records, papers, documents, property (real | 5 | | and personal), contracts, causes of action, and pending | 6 | | business pertaining to the powers, duties, rights, and | 7 | | responsibilities transferred by this amendatory Act of the | 8 | | 102nd General Assembly from the Plan and the Board to the | 9 | | Director, as rehabilitator or liquidator, including, but not | 10 | | limited to, material in electronic or magnetic format and | 11 | | necessary computer hardware and software, shall be transferred | 12 | | to the Director, as rehabilitator or liquidator. Records shall | 13 | | be maintained as required by the federal Health Insurance | 14 | | Portability and Accountability Act of 1996, as now or | 15 | | hereafter amended, unless otherwise ordered by the court | 16 | | supervising the rehabilitation or liquidation proceedings. | 17 | | (d) The rights of the employees in the State of Illinois | 18 | | and its agencies under the Personnel Code and applicable | 19 | | collective bargaining agreements or under any pension, | 20 | | retirement, or annuity plan shall not be affected by this | 21 | | amendatory Act of the 102nd General Assembly. | 22 | | (e) Upon entry of an Order of Rehabilitation or | 23 | | Liquidation against the Plan, all unexpended appropriations | 24 | | and balances and other funds available for use by the Plan and | 25 | | the Board shall be transferred to and vested in the Director, | 26 | | as rehabilitator or liquidator. Except as provided in |
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| 1 | | subsection (l) of Section 16, unexpended balances so | 2 | | transferred shall be distributed in accordance with Article | 3 | | XIII of the Illinois Insurance Code for paying the Director's | 4 | | administrative expenses incurred in connection with winding | 5 | | down the affairs of the Plan. | 6 | | (f) Whenever reports or notices are, on the effective date | 7 | | of this amendatory Act of the 102nd General Assembly, required | 8 | | to be made or given or papers or documents furnished or served | 9 | | by any person to or upon the Plan or the Board in connection | 10 | | with any of the powers, duties, rights, and responsibilities | 11 | | transferred by this amendatory Act of the 102nd General | 12 | | Assembly, the same shall be made, given, furnished, or served | 13 | | in the same manner to or upon the Director, as rehabilitator or | 14 | | liquidator. | 15 | | (g) This amendatory Act of the 102nd General Assembly does | 16 | | not affect any act done, ratified, or canceled or any right | 17 | | occurring or established or any action or proceeding had or | 18 | | commenced in the administrative, civil, or criminal cause by | 19 | | the Plan or the Board prior to the entry of an Order of | 20 | | Rehabilitation or Liquidation against the Plan; such actions | 21 | | or proceedings may be prosecuted and continued by the | 22 | | Director, as rehabilitator or liquidator.
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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