HB3834ham001 98TH GENERAL ASSEMBLY

Rep. Robyn Gabel

Filed: 4/8/2014

09800HB3834ham001 LRB098 15406 RPM 58425 a

AMENDMENT TO HOUSE BILL 3834

AMENDMENT NO. ______. Amend House Bill 3834 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Act on the Aging is amended by adding Sections 4.15 and 4.16 as follows:

(20 ILCS 105/4.15 new)

Sec. 4.15. Transfer of the Senior Health Insurance Program to the Department on Aging.

(a) This amendatory Act of the 98th General Assembly implements and supersedes Executive Order 2013-1.

(b) The powers, duties, rights and responsibilities related to the functions of the Senior Health Insurance Program, as created by repealed Section 1405-15 of the Department of Insurance Law, as well as the staff performing those functions, are transferred from the Department of Insurance to the Department on Aging.

(c) Whenever any provision of law provides for membership of the Director of Insurance, or his or her designee, on any board, commission, council, or other entity relating to the functions of the Senior Health Insurance Program, the Director of Aging, or his or her designee, shall serve in that place. If more than one such person is required by law to serve on any board, commission, council, or other entity, then an equivalent number of representatives of the Department on Aging shall so serve.

(d) The powers, duties, rights, and responsibilities vested in or associated with the functions of the Senior Health Insurance Program shall not be affected by this amendatory Act of the 98th General Assembly, except that all management and staff support or other resources necessary to the operations of the Senior Health Insurance Program shall be provided by the Department on Aging.

(e) Personnel under the Department of Insurance affected by this amendatory Act of the 98th General Assembly shall continue their service within the Department on Aging. The status and rights of the employees and the State of Illinois and its agencies under the Personnel Code and applicable collective bargaining agreements or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act of the 98th General Assembly.

(f) All books, contracts, correspondence, documents, papers, personnel files, property (real and personal), records, other associated items, and pending business in any way pertaining to the powers, duties, rights, and responsibilities related to the functions of the Senior Health Insurance Program shall be transferred from the Department of Insurance and delivered to the Department on Aging for continuation, modification, or termination, as appropriate, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software; provided, however, that the delivery of such information shall not violate any applicable confidentiality constraints.

(g) All unexpended appropriations and the balances of any funds, grants, donations, or other moneys available for use by the Department of Insurance in connection with the functions of the Senior Health Insurance Program shall be transferred to the Department on Aging for continued use in supporting the Senior Health Insurance Program as directed by the Governor. Unexpended balances so transferred shall be expended only for the purpose for which the appropriation was originally made.

(h) The powers, duties, rights, and responsibilities related to the functions of the Senior Health Insurance Program and transferred from the Department of Insurance by this amendatory Act of the 98th General Assembly shall be vested in and shall be exercised by the Department on Aging. Each act done in exercise of such powers, duties, rights, and responsibilities shall have the same legal effect as if done by the Department of Insurance or one of its divisions, officers, or employees.

(i) Every person or entity to whom powers, duties, rights, or responsibilities are transferred under this Section is subject to the same obligations and duties and any penalties, civil or criminal, arising therefrom, and has the same rights arising from the exercise of those powers, duties, rights, and responsibilities, as are prescribed by law in connection with the exercise of those powers, duties, rights, and responsibilities.

(j) Every officer of the Department on Aging shall, for any offense, be subject to the same penalty or penalties, civil or criminal, as are prescribed by existing law for the same offense by any officer of the Department of Insurance whose powers or duties were transferred under this amendatory Act of the 98th General Assembly.

(k) Whenever reports or notices are required to be made or given or papers or documents furnished or served by any person to or upon the Department of Insurance in connection with any of the functions of the Senior Health Insurance Program transferred by this amendatory Act of the 98th General Assembly, the same shall be made, given, furnished, or served in the same manner to or upon the Department on Aging.

(l) This amendatory Act of the 98th General Assembly does not affect any act completed, ratified, or canceled or any right occurring or established or any action or proceeding had or commenced in an administrative, civil, or criminal cause regarding the functions of the Senior Health Insurance Program before the effective date of Executive Order 2013-1; such actions or proceedings may be prosecuted and continued by the Department on Aging.

(m) This amendatory Act of the 98th General Assembly does not affect the legality of any rules relating to the functions of the Senior Health Insurance Program that were duly adopted by the Department of Insurance and in full force on the effective date of Executive Order 2013-1. Any proposed rules filed with the Secretary of State by the Department of Insurance pertaining to the transferred functions that are pending in the rulemaking process on the effective date of Executive Order 2013-1 shall be deemed to have been filed by the Department on Aging. As soon as practicable, the affected agencies shall revise and clarify the transferred rules under this amendatory Act of the 98th General Assembly to reflect the reorganization of rights, powers, and duties affected by this amendatory Act of the 98th General Assembly. If necessary, the affected agencies may also propose, adopt, or repeal rules, rule amendments, and rule recodifications using the procedures available under the Illinois Administrative Act as appropriate to effectuate this amendatory Act of the 98th General Assembly, except that existing Title, Part, and Section numbering for the affected rules may be retained.

(n) To the extent necessary or prudent to fully implement the intent of this Section, the Department of Insurance and the Department on Aging may enter into one or more interagency agreements to ensure the full and appropriate transfer of all functions of the Senior Health Insurance Program.

(20 ILCS 105/4.16 new)

Sec. 4.16. Senior citizen assistance and information program.

(a) Pursuant to Section 4.15 of this Act, the Department on Aging shall administer and operate a program to provide assistance and information to senior citizens in relation to insurance matters. The program may include, but is not limited to, counseling for senior citizens in the evaluation, comparison, or selection of Medicare options, Medicare supplement insurance, and long-term care insurance.

(b) The Department shall recruit and train volunteers to provide the following:

(i) one-on-one counseling on insurance matters; and

(ii) education on insurance matters to senior citizens through public forums.

(c) The Department shall solicit the volunteers for their input and advice on the success and accessibility of the program.

(d) The Department shall strive to ensure that all seniors residing in Illinois have access to the program.

(e) The Department may promulgate reasonable rules necessary to implement this Section.

(20 ILCS 1405/1405-15 rep.)

Section 10. The Department of Insurance Law of the Civil Administrative Code of Illinois is amended by repealing Section 1405-15.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.".