Full Text of HB0579 103rd General Assembly
HB0579eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Insurance Law is amended by | 5 | | adding Section 1405-50 as follows: | 6 | | (20 ILCS 1405/1405-50 new) | 7 | | Sec. 1405-50. Marketplace Director of the Illinois Health | 8 | | Benefits Exchange. The Governor shall appoint a person within | 9 | | the Department of Insurance to serve as the Marketplace | 10 | | Director of the Illinois Health Benefits Exchange. This person | 11 | | may be an existing employee with other duties. The Marketplace | 12 | | Director shall receive an annual salary as set by the Governor | 13 | | and shall be paid out of the appropriations to the Department. | 14 | | The Marketplace Director shall not be subject to the Personnel | 15 | | Code. The Marketplace Director, under the direction of the | 16 | | Director, shall manage the operations and staff of the | 17 | | Illinois Health Benefits Exchange to ensure optimal exchange | 18 | | performance. | 19 | | Section 10. The State Finance Act is amended by adding | 20 | | Section 5.990 as follows: | 21 | | (30 ILCS 105/5.990 new) |
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| 1 | | Sec. 5.990. The Illinois Health Benefits Exchange Fund. | 2 | | Section 15. The Illinois Procurement Code is amended by | 3 | | changing Section 1-10 as follows:
| 4 | | (30 ILCS 500/1-10)
| 5 | | Sec. 1-10. Application.
| 6 | | (a) This Code applies only to procurements for which | 7 | | bidders, offerors, potential contractors, or contractors were | 8 | | first
solicited on or after July 1, 1998. This Code shall not | 9 | | be construed to affect
or impair any contract, or any | 10 | | provision of a contract, entered into based on a
solicitation | 11 | | prior to the implementation date of this Code as described in
| 12 | | Article 99, including, but not limited to, any covenant | 13 | | entered into with respect
to any revenue bonds or similar | 14 | | instruments.
All procurements for which contracts are | 15 | | solicited between the effective date
of Articles 50 and 99 and | 16 | | July 1, 1998 shall be substantially in accordance
with this | 17 | | Code and its intent.
| 18 | | (b) This Code shall apply regardless of the source of the | 19 | | funds with which
the contracts are paid, including federal | 20 | | assistance moneys. This
Code shall
not apply to:
| 21 | | (1) Contracts between the State and its political | 22 | | subdivisions or other
governments, or between State | 23 | | governmental bodies, except as specifically provided in | 24 | | this Code.
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| 1 | | (2) Grants, except for the filing requirements of | 2 | | Section 20-80.
| 3 | | (3) Purchase of care, except as provided in Section | 4 | | 5-30.6 of the Illinois Public Aid
Code and this Section.
| 5 | | (4) Hiring of an individual as an employee and not as | 6 | | an independent
contractor, whether pursuant to an | 7 | | employment code or policy or by contract
directly with | 8 | | that individual.
| 9 | | (5) Collective bargaining contracts.
| 10 | | (6) Purchase of real estate, except that notice of | 11 | | this type of contract with a value of more than $25,000 | 12 | | must be published in the Procurement Bulletin within 10 | 13 | | calendar days after the deed is recorded in the county of | 14 | | jurisdiction. The notice shall identify the real estate | 15 | | purchased, the names of all parties to the contract, the | 16 | | value of the contract, and the effective date of the | 17 | | contract.
| 18 | | (7) Contracts necessary to prepare for anticipated | 19 | | litigation, enforcement
actions, or investigations, | 20 | | provided
that the chief legal counsel to the Governor | 21 | | shall give his or her prior
approval when the procuring | 22 | | agency is one subject to the jurisdiction of the
Governor, | 23 | | and provided that the chief legal counsel of any other | 24 | | procuring
entity
subject to this Code shall give his or | 25 | | her prior approval when the procuring
entity is not one | 26 | | subject to the jurisdiction of the Governor.
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| 1 | | (8) (Blank).
| 2 | | (9) Procurement expenditures by the Illinois | 3 | | Conservation Foundation
when only private funds are used.
| 4 | | (10) (Blank). | 5 | | (11) Public-private agreements entered into according | 6 | | to the procurement requirements of Section 20 of the | 7 | | Public-Private Partnerships for Transportation Act and | 8 | | design-build agreements entered into according to the | 9 | | procurement requirements of Section 25 of the | 10 | | Public-Private Partnerships for Transportation Act. | 11 | | (12) (A) Contracts for legal, financial, and other | 12 | | professional and artistic services entered into by the | 13 | | Illinois Finance Authority in which the State of Illinois | 14 | | is not obligated. Such contracts shall be awarded through | 15 | | a competitive process authorized by the members of the | 16 | | Illinois Finance Authority and are subject to Sections | 17 | | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | 18 | | as well as the final approval by the members of the | 19 | | Illinois Finance Authority of the terms of the contract. | 20 | | (B) Contracts for legal and financial services entered | 21 | | into by the Illinois Housing Development Authority in | 22 | | connection with the issuance of bonds in which the State | 23 | | of Illinois is not obligated. Such contracts shall be | 24 | | awarded through a competitive process authorized by the | 25 | | members of the Illinois Housing Development Authority and | 26 | | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, |
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| 1 | | and 50-37 of this Code, as well as the final approval by | 2 | | the members of the Illinois Housing Development Authority | 3 | | of the terms of the contract. | 4 | | (13) Contracts for services, commodities, and | 5 | | equipment to support the delivery of timely forensic | 6 | | science services in consultation with and subject to the | 7 | | approval of the Chief Procurement Officer as provided in | 8 | | subsection (d) of Section 5-4-3a of the Unified Code of | 9 | | Corrections, except for the requirements of Sections | 10 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | 11 | | Code; however, the Chief Procurement Officer may, in | 12 | | writing with justification, waive any certification | 13 | | required under Article 50 of this Code. For any contracts | 14 | | for services which are currently provided by members of a | 15 | | collective bargaining agreement, the applicable terms of | 16 | | the collective bargaining agreement concerning | 17 | | subcontracting shall be followed. | 18 | | On and after January 1, 2019, this paragraph (13), | 19 | | except for this sentence, is inoperative. | 20 | | (14) Contracts for participation expenditures required | 21 | | by a domestic or international trade show or exhibition of | 22 | | an exhibitor, member, or sponsor. | 23 | | (15) Contracts with a railroad or utility that | 24 | | requires the State to reimburse the railroad or utilities | 25 | | for the relocation of utilities for construction or other | 26 | | public purpose. Contracts included within this paragraph |
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| 1 | | (15) shall include, but not be limited to, those | 2 | | associated with: relocations, crossings, installations, | 3 | | and maintenance. For the purposes of this paragraph (15), | 4 | | "railroad" means any form of non-highway ground | 5 | | transportation that runs on rails or electromagnetic | 6 | | guideways and "utility" means: (1) public utilities as | 7 | | defined in Section 3-105 of the Public Utilities Act, (2) | 8 | | telecommunications carriers as defined in Section 13-202 | 9 | | of the Public Utilities Act, (3) electric cooperatives as | 10 | | defined in Section 3.4 of the Electric Supplier Act, (4) | 11 | | telephone or telecommunications cooperatives as defined in | 12 | | Section 13-212 of the Public Utilities Act, (5) rural | 13 | | water or waste water systems with 10,000 connections or | 14 | | less, (6) a holder as defined in Section 21-201 of the | 15 | | Public Utilities Act, and (7) municipalities owning or | 16 | | operating utility systems consisting of public utilities | 17 | | as that term is defined in Section 11-117-2 of the | 18 | | Illinois Municipal Code. | 19 | | (16) Procurement expenditures necessary for the | 20 | | Department of Public Health to provide the delivery of | 21 | | timely newborn screening services in accordance with the | 22 | | Newborn Metabolic Screening Act. | 23 | | (17) Procurement expenditures necessary for the | 24 | | Department of Agriculture, the Department of Financial and | 25 | | Professional Regulation, the Department of Human Services, | 26 | | and the Department of Public Health to implement the |
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| 1 | | Compassionate Use of Medical Cannabis Program and Opioid | 2 | | Alternative Pilot Program requirements and ensure access | 3 | | to medical cannabis for patients with debilitating medical | 4 | | conditions in accordance with the Compassionate Use of | 5 | | Medical Cannabis Program Act. | 6 | | (18) This Code does not apply to any procurements | 7 | | necessary for the Department of Agriculture, the | 8 | | Department of Financial and Professional Regulation, the | 9 | | Department of Human Services, the Department of Commerce | 10 | | and Economic Opportunity, and the Department of Public | 11 | | Health to implement the Cannabis Regulation and Tax Act if | 12 | | the applicable agency has made a good faith determination | 13 | | that it is necessary and appropriate for the expenditure | 14 | | to fall within this exemption and if the process is | 15 | | conducted in a manner substantially in accordance with the | 16 | | requirements of Sections 20-160, 25-60, 30-22, 50-5, | 17 | | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | 18 | | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | 19 | | Section 50-35, compliance applies only to contracts or | 20 | | subcontracts over $100,000. Notice of each contract | 21 | | entered into under this paragraph (18) that is related to | 22 | | the procurement of goods and services identified in | 23 | | paragraph (1) through (9) of this subsection shall be | 24 | | published in the Procurement Bulletin within 14 calendar | 25 | | days after contract execution. The Chief Procurement | 26 | | Officer shall prescribe the form and content of the |
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| 1 | | notice. Each agency shall provide the Chief Procurement | 2 | | Officer, on a monthly basis, in the form and content | 3 | | prescribed by the Chief Procurement Officer, a report of | 4 | | contracts that are related to the procurement of goods and | 5 | | services identified in this subsection. At a minimum, this | 6 | | report shall include the name of the contractor, a | 7 | | description of the supply or service provided, the total | 8 | | amount of the contract, the term of the contract, and the | 9 | | exception to this Code utilized. A copy of any or all of | 10 | | these contracts shall be made available to the Chief | 11 | | Procurement Officer immediately upon request. The Chief | 12 | | Procurement Officer shall submit a report to the Governor | 13 | | and General Assembly no later than November 1 of each year | 14 | | that includes, at a minimum, an annual summary of the | 15 | | monthly information reported to the Chief Procurement | 16 | | Officer. This exemption becomes inoperative 5 years after | 17 | | June 25, 2019 (the effective date of Public Act 101-27). | 18 | | (19) Acquisition of modifications or adjustments, | 19 | | limited to assistive technology devices and assistive | 20 | | technology services, adaptive equipment, repairs, and | 21 | | replacement parts to provide reasonable accommodations (i) | 22 | | that enable a qualified applicant with a disability to | 23 | | complete the job application process and be considered for | 24 | | the position such qualified applicant desires, (ii) that | 25 | | modify or adjust the work environment to enable a | 26 | | qualified current employee with a disability to perform |
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| 1 | | the essential functions of the position held by that | 2 | | employee, (iii) to enable a qualified current employee | 3 | | with a disability to enjoy equal benefits and privileges | 4 | | of employment as are enjoyed by other similarly situated | 5 | | employees without disabilities, and (iv) that allow a | 6 | | customer, client, claimant, or member of the public | 7 | | seeking State services full use and enjoyment of and | 8 | | access to its programs, services, or benefits. | 9 | | For purposes of this paragraph (19): | 10 | | "Assistive technology devices" means any item, piece | 11 | | of equipment, or product system, whether acquired | 12 | | commercially off the shelf, modified, or customized, that | 13 | | is used to increase, maintain, or improve functional | 14 | | capabilities of individuals with disabilities. | 15 | | "Assistive technology services" means any service that | 16 | | directly assists an individual with a disability in | 17 | | selection, acquisition, or use of an assistive technology | 18 | | device. | 19 | | "Qualified" has the same meaning and use as provided | 20 | | under the federal Americans with Disabilities Act when | 21 | | describing an individual with a disability. | 22 | | (20) Procurement expenditures necessary for the
| 23 | | Illinois Commerce Commission to hire third-party
| 24 | | facilitators pursuant to Sections 16-105.17 and
16-108.18 | 25 | | of the Public Utilities Act or an ombudsman pursuant to | 26 | | Section 16-107.5 of the Public Utilities Act, a |
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| 1 | | facilitator pursuant to Section 16-105.17 of the Public | 2 | | Utilities Act, or a grid auditor pursuant to Section | 3 | | 16-105.10 of the Public Utilities Act. | 4 | | (21) Procurement expenditures for the purchase, | 5 | | renewal, and expansion of software, software licenses, or | 6 | | software maintenance agreements that support the efforts | 7 | | of the Illinois State Police to enforce, regulate, and | 8 | | administer the Firearm Owners Identification Card Act, the | 9 | | Firearm Concealed Carry Act, the Firearms Restraining | 10 | | Order Act, the Firearm Dealer License Certification Act, | 11 | | the Law Enforcement Agencies Data System (LEADS), the | 12 | | Uniform Crime Reporting Act, the Criminal Identification | 13 | | Act, the Uniform Conviction Information Act, and the Gun | 14 | | Trafficking Information Act, or establish or maintain | 15 | | record management systems necessary to conduct human | 16 | | trafficking investigations or gun trafficking or other | 17 | | stolen firearm investigations. This paragraph (21) applies | 18 | | to contracts entered into on or after the effective date | 19 | | of this amendatory Act of the 102nd General Assembly and | 20 | | the renewal of contracts that are in effect on the | 21 | | effective date of this amendatory Act of the 102nd General | 22 | | Assembly. | 23 | | (22) Procurements necessary for the Department of | 24 | | Insurance to implement the Illinois Health Benefits | 25 | | Exchange Law if the Department of Insurance has made a | 26 | | good faith determination that it is necessary and |
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| 1 | | appropriate for the expenditure to fall within this | 2 | | exemption. The procurement process shall be conducted in a | 3 | | manner substantially in accordance with the requirements | 4 | | of Sections 20-160 and 25-60 and Article 50 of this Code. A | 5 | | copy of these contracts shall be made available to the | 6 | | Chief Procurement Officer immediately upon request. This | 7 | | paragraph is inoperative 5 years after the effective date | 8 | | of this amendatory Act of the 103rd General Assembly. | 9 | | Notwithstanding any other provision of law, for contracts | 10 | | with an annual value of more than $100,000 entered into on or | 11 | | after October 1, 2017 under an exemption provided in any | 12 | | paragraph of this subsection (b), except paragraph (1), (2), | 13 | | or (5), each State agency shall post to the appropriate | 14 | | procurement bulletin the name of the contractor, a description | 15 | | of the supply or service provided, the total amount of the | 16 | | contract, the term of the contract, and the exception to the | 17 | | Code utilized. The chief procurement officer shall submit a | 18 | | report to the Governor and General Assembly no later than | 19 | | November 1 of each year that shall include, at a minimum, an | 20 | | annual summary of the monthly information reported to the | 21 | | chief procurement officer. | 22 | | (c) This Code does not apply to the electric power | 23 | | procurement process provided for under Section 1-75 of the | 24 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 25 | | Utilities Act. | 26 | | (d) Except for Section 20-160 and Article 50 of this Code, |
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| 1 | | and as expressly required by Section 9.1 of the Illinois | 2 | | Lottery Law, the provisions of this Code do not apply to the | 3 | | procurement process provided for under Section 9.1 of the | 4 | | Illinois Lottery Law. | 5 | | (e) This Code does not apply to the process used by the | 6 | | Capital Development Board to retain a person or entity to | 7 | | assist the Capital Development Board with its duties related | 8 | | to the determination of costs of a clean coal SNG brownfield | 9 | | facility, as defined by Section 1-10 of the Illinois Power | 10 | | Agency Act, as required in subsection (h-3) of Section 9-220 | 11 | | of the Public Utilities Act, including calculating the range | 12 | | of capital costs, the range of operating and maintenance | 13 | | costs, or the sequestration costs or monitoring the | 14 | | construction of clean coal SNG brownfield facility for the | 15 | | full duration of construction. | 16 | | (f) (Blank). | 17 | | (g) (Blank). | 18 | | (h) This Code does not apply to the process to procure or | 19 | | contracts entered into in accordance with Sections 11-5.2 and | 20 | | 11-5.3 of the Illinois Public Aid Code. | 21 | | (i) Each chief procurement officer may access records | 22 | | necessary to review whether a contract, purchase, or other | 23 | | expenditure is or is not subject to the provisions of this | 24 | | Code, unless such records would be subject to attorney-client | 25 | | privilege. | 26 | | (j) This Code does not apply to the process used by the |
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| 1 | | Capital Development Board to retain an artist or work or works | 2 | | of art as required in Section 14 of the Capital Development | 3 | | Board Act. | 4 | | (k) This Code does not apply to the process to procure | 5 | | contracts, or contracts entered into, by the State Board of | 6 | | Elections or the State Electoral Board for hearing officers | 7 | | appointed pursuant to the Election Code. | 8 | | (l) This Code does not apply to the processes used by the | 9 | | Illinois Student Assistance Commission to procure supplies and | 10 | | services paid for from the private funds of the Illinois | 11 | | Prepaid Tuition Fund. As used in this subsection (l), "private | 12 | | funds" means funds derived from deposits paid into the | 13 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | 14 | | (m) This Code shall apply regardless of the source of | 15 | | funds with which contracts are paid, including federal | 16 | | assistance moneys. Except as specifically provided in this | 17 | | Code, this Code shall not apply to procurement expenditures | 18 | | necessary for the Department of Public Health to conduct the | 19 | | Healthy Illinois Survey in accordance with Section 2310-431 of | 20 | | the Department of Public Health Powers and Duties Law of the | 21 | | Civil Administrative Code of Illinois. | 22 | | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | 23 | | 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff | 24 | | 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, | 25 | | eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; | 26 | | 102-1116, eff. 1-10-23.)
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| 1 | | Section 20. The Illinois Health Benefits Exchange Law is | 2 | | amended by changing Section 5-5 and by adding Sections 5-21, | 3 | | 5-22, 5-23, and 5-24 as follows: | 4 | | (215 ILCS 122/5-5)
| 5 | | Sec. 5-5. State health benefits exchange. It is declared | 6 | | that this State, beginning October 1, 2013, in accordance with | 7 | | Section 1311 of the federal Patient Protection and Affordable | 8 | | Care Act, shall establish a State health benefits exchange to | 9 | | be known as the Illinois Health Benefits Exchange in order to | 10 | | help individuals and small employers with no more than 50 | 11 | | employees shop for, select, and enroll in qualified, | 12 | | affordable private health plans that fit their needs at | 13 | | competitive prices. The Exchange shall separate coverage pools | 14 | | for individuals and small employers and shall supplement and | 15 | | not supplant any existing private health insurance market for | 16 | | individuals and small employers. The Department of Insurance | 17 | | shall operate the Illinois Health Benefits Exchange as a | 18 | | State-based exchange using the federal platform by plan year | 19 | | 2025 and as a State-based exchange by plan year 2026. The | 20 | | Director of Insurance may require that all plans in the | 21 | | individual and small group markets, other than grandfathered | 22 | | health plans, be made available for comparison on the Illinois | 23 | | Health Benefits Exchange, but may not require that all plans | 24 | | in the individual and small group markets be purchased |
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| 1 | | exclusively on the Illinois Health Benefits Exchange. The | 2 | | Director of Insurance may require that plans offered on the | 3 | | exchange conform with standardized plan designs that provide | 4 | | for standardized cost sharing for covered health services. | 5 | | Except when it is inconsistent with State law, the Department | 6 | | of Insurance shall enforce the coverage requirements under the | 7 | | federal Patient Protection and Affordable Care Act, including | 8 | | the coverage of all United States Preventive Services Task | 9 | | Force Grade A and B preventive services without cost sharing | 10 | | notwithstanding any federal overturning or repeal of 42 U.S.C. | 11 | | 300gg-13(a)(1), that apply to the individual and small group | 12 | | markets. The Director of Insurance may elect to add a small | 13 | | business health options program to the Illinois Health | 14 | | Benefits Exchange to help small employers enroll their | 15 | | employees in qualified health plans in the small group market. | 16 | | The General Assembly shall appropriate funds to establish the | 17 | | Illinois Health Benefits Exchange.
| 18 | | (Source: P.A. 97-142, eff. 7-14-11.) | 19 | | (215 ILCS 122/5-21 new) | 20 | | Sec. 5-21. Monthly assessments. | 21 | | (a) The Director of Insurance may apply a monthly | 22 | | assessment to each health benefits plan sold on the Illinois | 23 | | Health Benefits Exchange. The assessment shall be paid by the | 24 | | issuer and to the Department of Insurance and shall be used | 25 | | only for the purpose of supporting the exchange through |
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| 1 | | exchange operations, outreach, enrollment, and other means of | 2 | | supporting the exchange, including any efforts that may result | 3 | | in a benefit to policyholders. The assessment may be applied | 4 | | at a rate of: | 5 | | (1) 0.5% of the total monthly premium charged by an | 6 | | issuer for each health benefits plan during any period | 7 | | that the State is on a State-based exchange using the | 8 | | federal platform; or | 9 | | (2) 2.75% of the total monthly premium charged by an | 10 | | issuer for each health benefits plan during any period | 11 | | that the State is on the State-based exchange. The | 12 | | Director of Insurance shall adjust this rate to ensure | 13 | | that the Illinois Health Benefits Exchange is fully | 14 | | funded, but in no case shall the assessment be applied at a | 15 | | rate that exceeds 4% of the total monthly premium charged | 16 | | by a carrier. If the Director determines it is necessary | 17 | | to adjust the rate pursuant to this paragraph, the | 18 | | Director shall, in advance of the adjustment, post on the | 19 | | Department's website a report describing the reasons and | 20 | | justifications for the adjustment, which shall be | 21 | | consistent with the purposes of supporting the Illinois | 22 | | Health Benefits Exchange as provided in this Section, at | 23 | | least 120 days before the implementation of the rate | 24 | | adjustment. | 25 | | (b) The Director of Insurance shall notify an issuer 120 | 26 | | days before the implementation of its assessment rate for the |
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| 1 | | subsequent year. Issuers must remit the assessment due in | 2 | | monthly installments to the Department of Insurance. | 3 | | (c) The assessment described in this Section shall be | 4 | | considered a special purpose obligation and may not be applied | 5 | | by issuers to vary premium rates at the plan level. | 6 | | (d) There is created a special fund within the State | 7 | | treasury to be known as the Illinois Health Benefits Exchange | 8 | | Fund. The Illinois Health Benefits Exchange Fund shall be the | 9 | | repository for moneys collected pursuant to fees or | 10 | | assessments on exchange issuers, federal financial | 11 | | participation as appropriate, and other moneys received as | 12 | | grants or otherwise appropriated for the purposes of | 13 | | supporting health insurance outreach, enrollment efforts, and | 14 | | plan management operations through an exchange. All moneys in | 15 | | the Fund shall be used, subject to appropriation, only for the | 16 | | purpose of supporting the exchange through exchange | 17 | | operations, outreach, enrollment, and other means of | 18 | | supporting the exchange, including any efforts that may result | 19 | | in a benefit to policyholders. | 20 | | (215 ILCS 122/5-22 new) | 21 | | Sec. 5-22. State medical assistance program coordination. | 22 | | (a) The Department of Insurance and the Department of | 23 | | Healthcare and Family Services shall coordinate the operations | 24 | | of the exchange with the operations of State medical | 25 | | assistance programs. The Department of Healthcare and Family |
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| 1 | | Services shall oversee and operate the exchange eligibility | 2 | | rules engine to ensure accurate assessments and determinations | 3 | | of exchange and State medical assistance program eligibility. | 4 | | (b) The exchange may determine eligibility for State | 5 | | medical assistance programs that use the modified adjusted | 6 | | gross income methodology. | 7 | | (c) The exchange may be used for enrollment into State | 8 | | medical assistance program health plans. | 9 | | (d) The Department of Healthcare and Family Services shall | 10 | | request federal financial participation funds from the Centers | 11 | | for Medicare and Medicaid Services for any integrated | 12 | | eligibility and enrollment functions of the exchange. | 13 | | (215 ILCS 122/5-23 new) | 14 | | Sec. 5-23. Department of Insurance and Department of | 15 | | Healthcare and Family Services authority. | 16 | | (a) The Department of Insurance and the Department of | 17 | | Healthcare and Family Services, in addition to the powers | 18 | | granted under the Illinois Insurance Code and the Illinois | 19 | | Public Aid Code, have the power necessary to establish and | 20 | | operate the Illinois Health Benefits Exchange, including, but | 21 | | not limited to, the authority to: | 22 | | (1) adopt rules deemed necessary by the departments to | 23 | | implement this Law; | 24 | | (2) employ or retain sufficient personnel to provide | 25 | | administration, staffing, and necessary related support |
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| 1 | | required to adequately discharge the duties described in | 2 | | this Law from funds held in the Illinois Health Benefits | 3 | | Exchange Fund; | 4 | | (3) procure services, including a call center, and | 5 | | goods for the purpose of establishing the Illinois Health | 6 | | Benefits Exchange, including, but not limited to, | 7 | | procurements in conformance with paragraph (22) of | 8 | | subsection (b) of Section 1-10 of the Illinois Procurement | 9 | | Code; and | 10 | | (4) require any exchange vendor to have experience | 11 | | operating a State-based exchange in another state. | 12 | | (b) The Department of Insurance has the authority to | 13 | | employ a Marketplace Director of the Illinois Health Benefits | 14 | | Exchange. | 15 | | (215 ILCS 122/5-24 new) | 16 | | Sec. 5-24. Illinois Health Benefits Exchange Advisory | 17 | | Committee. | 18 | | (a) The Director of Insurance shall establish the Illinois | 19 | | Health Benefits Exchange Advisory Committee no later than | 20 | | December 31, 2023. The Illinois Health Benefits Exchange | 21 | | Advisory Committee shall be tasked with making recommendations | 22 | | to the Marketplace Director of the Illinois Health Benefits | 23 | | Exchange concerning the operation of the exchange, and the | 24 | | Committee shall hold its first meeting no later than 90 days | 25 | | following the establishment of the Committee and shall meet |
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| 1 | | quarterly thereafter. The Marketplace Director shall make a | 2 | | quarterly report to the Committee. | 3 | | (b) The Department of Insurance shall present regular and | 4 | | timely reports to the Illinois Health Benefits Exchange | 5 | | Advisory Committee regarding the progress in the development | 6 | | and ongoing operations of the Illinois Health Benefits | 7 | | Exchange before its establishment by plan year 2026. The | 8 | | reports shall be posted to the Department of Insurance's | 9 | | website and include information on the Department of | 10 | | Insurance's progress toward establishing and maintaining the | 11 | | Illinois Health Benefits Exchange with the goal of ensuring an | 12 | | effective and efficient transition from the federal platform | 13 | | to the State-based exchange for individuals, employers, and | 14 | | health insurance issuers while mitigating loss of health | 15 | | insurance coverage for any potential consumer. The Department | 16 | | of Insurance's progress reports shall provide information | 17 | | including, but not limited to, transparency, user | 18 | | understandability, plan compliance, outreach and education, | 19 | | systems operations, and annual fiscal projections. The | 20 | | Department of Insurance shall gather stakeholder input in | 21 | | developing operational plans and preparing the reports for the | 22 | | Illinois Health Benefits Exchange Advisory Committee. | 23 | | (c) The Illinois Health Benefits Exchange Advisory | 24 | | Committee shall include the following members: | 25 | | (1) The Director of Insurance, or the Director's | 26 | | designee, who shall serve ex officio and as co-chair; |
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| 1 | | (2) The Director of Healthcare and Family Services, or | 2 | | the Director's designee, who shall serve ex officio and as | 3 | | co-chair; | 4 | | (3) The Secretary of Human Services, or the | 5 | | Secretary's designee, who shall serve ex officio; and | 6 | | (4) 10 public members, who shall be residents of this | 7 | | State, appointed by the Director of Insurance. The | 8 | | Director shall consider the diversity of this State in the | 9 | | selection of the committee members. The public members | 10 | | shall include: | 11 | | (A) one representative of a statewide organization | 12 | | representing a majority of Illinois hospitals; | 13 | | (B) one representative of a statewide insurance | 14 | | producer professional trade association whose | 15 | | membership is primarily composed of individuals | 16 | | licensed under the Illinois Insurance Code; | 17 | | (C) 2 representatives of a health insurance | 18 | | consumer advocacy group; | 19 | | (D) one representative with expertise in | 20 | | enrollment and consumer assistance; | 21 | | (E) 2 representatives of health insurance issuers | 22 | | or issuer trade associations, at least one of which | 23 | | represents a State-domiciled mutual health insurance | 24 | | company, with a demonstrated expertise in the business | 25 | | of health insurance or health benefits administration; | 26 | | (F) one representative of a statewide association |
| | | HB0579 Engrossed | - 22 - | LRB103 04164 CPF 49170 b |
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| 1 | | representing small business owners; | 2 | | (G) one representative of a statewide organization | 3 | | representing physicians; and | 4 | | (H) one academic or research professional with | 5 | | expertise in health insurance. | 6 | | (d) Members of the Illinois Health Benefits Exchange | 7 | | Advisory Committee shall serve for a term of 2 years, shall | 8 | | serve without compensation, and shall not be entitled to | 9 | | reimbursement. The Department of Insurance shall provide | 10 | | administrative support to the Illinois Health Benefits | 11 | | Exchange Advisory Committee. | 12 | | (e) The Committee's quarterly meetings shall be open to | 13 | | the public and subject to the Open Meetings Act.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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