HB3834 EngrossedLRB098 15406 MGM 50435 b

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) The powers, duties, rights and responsibilities
12related to the functions of the Senior Health Insurance
13Program, as created by repealed Section 1405-15 of the
14Department of Insurance Law, as well as the staff performing
15those functions, are transferred from the Department of
16Insurance to the Department on Aging.
17    (c) Whenever any provision of law provides for membership
18of the Director of Insurance, or his or her designee, on any
19board, commission, council, or other entity relating to the
20functions of the Senior Health Insurance Program, the Director
21of Aging, or his or her designee, shall serve in that place. If
22more than one such person is required by law to serve on any
23board, commission, council, or other entity, then an equivalent

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (a) Pursuant to Section 4.15 of this Act, the Department on
2Aging shall administer and operate a program to provide
3assistance and information to senior citizens in relation to
4insurance matters. The program may include, but is not limited
5to, counseling for senior citizens in the evaluation,
6comparison, or selection of Medicare options, Medicare
7supplement insurance, and long-term care insurance.
8    (b) The Department shall recruit and train volunteers to
9provide the following:
10        (i) one-on-one counseling on insurance matters; and
11        (ii) education on insurance matters to senior citizens
12    through public forums.
13    (c) The Department shall solicit the volunteers for their
14input and advice on the success and accessibility of the
15program.
16    (d) The Department shall strive to ensure that all seniors
17residing in Illinois have access to the program.
18    (e) The Department may promulgate reasonable rules
19necessary to implement this Section.
 
20    (20 ILCS 1405/1405-15 rep.)
21    Section 10. The Department of Insurance Law of the Civil
22Administrative Code of Illinois is amended by repealing Section
231405-15.
 
24    Section 97. Severability. The provisions of this Act are

 

 

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1severable under Section 1.31 of the Statute on Statutes.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.