Illinois General Assembly - Full Text of SB0636
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Full Text of SB0636  98th General Assembly

SB0636ham005 98TH GENERAL ASSEMBLY

Rep. Robyn Gabel

Filed: 11/25/2014

 

 


 

 


 
09800SB0636ham005LRB098 04421 RPS 62520 a

1
AMENDMENT TO SENATE BILL 636

2    AMENDMENT NO. ______. Amend Senate Bill 636, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Open Meetings Act is amended by changing
6Section 1.02 as follows:
 
7    (5 ILCS 120/1.02)  (from Ch. 102, par. 41.02)
8    Sec. 1.02. For the purposes of this Act:
9    "Meeting" means any gathering, whether in person or by
10video or audio conference, telephone call, electronic means
11(such as, without limitation, electronic mail, electronic
12chat, and instant messaging), or other means of contemporaneous
13interactive communication, of a majority of a quorum of the
14members of a public body held for the purpose of discussing
15public business or, for a 5-member public body, a quorum of the
16members of a public body held for the purpose of discussing

 

 

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1public business.
2    Accordingly, for a 5-member public body, 3 members of the
3body constitute a quorum and the affirmative vote of 3 members
4is necessary to adopt any motion, resolution, or ordinance,
5unless a greater number is otherwise required.
6    "Public body" includes all legislative, executive,
7administrative or advisory bodies of the State, counties,
8townships, cities, villages, incorporated towns, school
9districts and all other municipal corporations, boards,
10bureaus, committees or commissions of this State, and any
11subsidiary bodies of any of the foregoing including but not
12limited to committees and subcommittees which are supported in
13whole or in part by tax revenue, or which expend tax revenue,
14except the General Assembly and committees or commissions
15thereof. "Public body" includes tourism boards and convention
16or civic center boards located in counties that are contiguous
17to the Mississippi River with populations of more than 250,000
18but less than 300,000. "Public body" includes the Health
19Facilities and Services Review Board and the Illinois Health
20Benefits Exchange Board. "Public body" does not include a child
21death review team or the Illinois Child Death Review Teams
22Executive Council established under the Child Death Review Team
23Act, an ethics commission acting under the State Officials and
24Employees Ethics Act, a regional youth advisory board or the
25Statewide Youth Advisory Board established under the
26Department of Children and Family Services Statewide Youth

 

 

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1Advisory Board Act, or the Illinois Independent Tax Tribunal.
2(Source: P.A. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15.)
 
3    Section 6. The Freedom of Information Act is amended by
4changing Section 2 as follows:
 
5    (5 ILCS 140/2)  (from Ch. 116, par. 202)
6    Sec. 2. Definitions. As used in this Act:
7    (a) "Public body" means all legislative, executive,
8administrative, or advisory bodies of the State, state
9universities and colleges, counties, townships, cities,
10villages, incorporated towns, school districts and all other
11municipal corporations, boards, bureaus, committees, or
12commissions of this State, any subsidiary bodies of any of the
13foregoing including but not limited to committees and
14subcommittees thereof, and a School Finance Authority created
15under Article 1E of the School Code. "Public body" includes the
16Illinois Health Benefits Exchange. "Public body" does not
17include a child death review team or the Illinois Child Death
18Review Teams Executive Council established under the Child
19Death Review Team Act, or a regional youth advisory board or
20the Statewide Youth Advisory Board established under the
21Department of Children and Family Services Statewide Youth
22Advisory Board Act.
23    (b) "Person" means any individual, corporation,
24partnership, firm, organization or association, acting

 

 

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1individually or as a group.
2    (c) "Public records" means all records, reports, forms,
3writings, letters, memoranda, books, papers, maps,
4photographs, microfilms, cards, tapes, recordings, electronic
5data processing records, electronic communications, recorded
6information and all other documentary materials pertaining to
7the transaction of public business, regardless of physical form
8or characteristics, having been prepared by or for, or having
9been or being used by, received by, in the possession of, or
10under the control of any public body.
11    (c-5) "Private information" means unique identifiers,
12including a person's social security number, driver's license
13number, employee identification number, biometric identifiers,
14personal financial information, passwords or other access
15codes, medical records, home or personal telephone numbers, and
16personal email addresses. Private information also includes
17home address and personal license plates, except as otherwise
18provided by law or when compiled without possibility of
19attribution to any person.
20    (c-10) "Commercial purpose" means the use of any part of a
21public record or records, or information derived from public
22records, in any form for sale, resale, or solicitation or
23advertisement for sales or services. For purposes of this
24definition, requests made by news media and non-profit,
25scientific, or academic organizations shall not be considered
26to be made for a "commercial purpose" when the principal

 

 

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1purpose of the request is (i) to access and disseminate
2information concerning news and current or passing events, (ii)
3for articles of opinion or features of interest to the public,
4or (iii) for the purpose of academic, scientific, or public
5research or education.
6    (d) "Copying" means the reproduction of any public record
7by means of any photographic, electronic, mechanical or other
8process, device or means now known or hereafter developed and
9available to the public body.
10    (e) "Head of the public body" means the president, mayor,
11chairman, presiding officer, director, superintendent,
12manager, supervisor or individual otherwise holding primary
13executive and administrative authority for the public body, or
14such person's duly authorized designee.
15    (f) "News media" means a newspaper or other periodical
16issued at regular intervals whether in print or electronic
17format, a news service whether in print or electronic format, a
18radio station, a television station, a television network, a
19community antenna television service, or a person or
20corporation engaged in making news reels or other motion
21picture news for public showing.
22    (g) "Recurrent requester", as used in Section 3.2 of this
23Act, means a person that, in the 12 months immediately
24preceding the request, has submitted to the same public body
25(i) a minimum of 50 requests for records, (ii) a minimum of 15
26requests for records within a 30-day period, or (iii) a minimum

 

 

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1of 7 requests for records within a 7-day period. For purposes
2of this definition, requests made by news media and non-profit,
3scientific, or academic organizations shall not be considered
4in calculating the number of requests made in the time periods
5in this definition when the principal purpose of the requests
6is (i) to access and disseminate information concerning news
7and current or passing events, (ii) for articles of opinion or
8features of interest to the public, or (iii) for the purpose of
9academic, scientific, or public research or education.
10    For the purposes of this subsection (g), "request" means a
11written document (or oral request, if the public body chooses
12to honor oral requests) that is submitted to a public body via
13personal delivery, mail, telefax, electronic mail, or other
14means available to the public body and that identifies the
15particular public record the requester seeks. One request may
16identify multiple records to be inspected or copied.
17(Source: P.A. 97-579, eff. 8-26-11; 98-806, eff. 1-1-15.)
 
18    Section 7. The Illinois Public Labor Relations Act is
19amended by changing Section 3 as follows:
 
20    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
21    Sec. 3. Definitions. As used in this Act, unless the
22context otherwise requires:
23    (a) "Board" means the Illinois Labor Relations Board or,
24with respect to a matter over which the jurisdiction of the

 

 

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1Board is assigned to the State Panel or the Local Panel under
2Section 5, the panel having jurisdiction over the matter.
3    (b) "Collective bargaining" means bargaining over terms
4and conditions of employment, including hours, wages, and other
5conditions of employment, as detailed in Section 7 and which
6are not excluded by Section 4.
7    (c) "Confidential employee" means an employee who, in the
8regular course of his or her duties, assists and acts in a
9confidential capacity to persons who formulate, determine, and
10effectuate management policies with regard to labor relations
11or who, in the regular course of his or her duties, has
12authorized access to information relating to the effectuation
13or review of the employer's collective bargaining policies.
14    (d) "Craft employees" means skilled journeymen, crafts
15persons, and their apprentices and helpers.
16    (e) "Essential services employees" means those public
17employees performing functions so essential that the
18interruption or termination of the function will constitute a
19clear and present danger to the health and safety of the
20persons in the affected community.
21    (f) "Exclusive representative", except with respect to
22non-State fire fighters and paramedics employed by fire
23departments and fire protection districts, non-State peace
24officers, and peace officers in the Department of State Police,
25means the labor organization that has been (i) designated by
26the Board as the representative of a majority of public

 

 

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1employees in an appropriate bargaining unit in accordance with
2the procedures contained in this Act, (ii) historically
3recognized by the State of Illinois or any political
4subdivision of the State before July 1, 1984 (the effective
5date of this Act) as the exclusive representative of the
6employees in an appropriate bargaining unit, (iii) after July
71, 1984 (the effective date of this Act) recognized by an
8employer upon evidence, acceptable to the Board, that the labor
9organization has been designated as the exclusive
10representative by a majority of the employees in an appropriate
11bargaining unit; (iv) recognized as the exclusive
12representative of personal assistants under Executive Order
132003-8 prior to the effective date of this amendatory Act of
14the 93rd General Assembly, and the organization shall be
15considered to be the exclusive representative of the personal
16assistants as defined in this Section; or (v) recognized as the
17exclusive representative of child and day care home providers,
18including licensed and license exempt providers, pursuant to an
19election held under Executive Order 2005-1 prior to the
20effective date of this amendatory Act of the 94th General
21Assembly, and the organization shall be considered to be the
22exclusive representative of the child and day care home
23providers as defined in this Section.
24    With respect to non-State fire fighters and paramedics
25employed by fire departments and fire protection districts,
26non-State peace officers, and peace officers in the Department

 

 

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1of State Police, "exclusive representative" means the labor
2organization that has been (i) designated by the Board as the
3representative of a majority of peace officers or fire fighters
4in an appropriate bargaining unit in accordance with the
5procedures contained in this Act, (ii) historically recognized
6by the State of Illinois or any political subdivision of the
7State before January 1, 1986 (the effective date of this
8amendatory Act of 1985) as the exclusive representative by a
9majority of the peace officers or fire fighters in an
10appropriate bargaining unit, or (iii) after January 1, 1986
11(the effective date of this amendatory Act of 1985) recognized
12by an employer upon evidence, acceptable to the Board, that the
13labor organization has been designated as the exclusive
14representative by a majority of the peace officers or fire
15fighters in an appropriate bargaining unit.
16    Where a historical pattern of representation exists for the
17workers of a water system that was owned by a public utility,
18as defined in Section 3-105 of the Public Utilities Act, prior
19to becoming certified employees of a municipality or
20municipalities once the municipality or municipalities have
21acquired the water system as authorized in Section 11-124-5 of
22the Illinois Municipal Code, the Board shall find the labor
23organization that has historically represented the workers to
24be the exclusive representative under this Act, and shall find
25the unit represented by the exclusive representative to be the
26appropriate unit.

 

 

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1    (g) "Fair share agreement" means an agreement between the
2employer and an employee organization under which all or any of
3the employees in a collective bargaining unit are required to
4pay their proportionate share of the costs of the collective
5bargaining process, contract administration, and pursuing
6matters affecting wages, hours, and other conditions of
7employment, but not to exceed the amount of dues uniformly
8required of members. The amount certified by the exclusive
9representative shall not include any fees for contributions
10related to the election or support of any candidate for
11political office. Nothing in this subsection (g) shall preclude
12an employee from making voluntary political contributions in
13conjunction with his or her fair share payment.
14    (g-1) "Fire fighter" means, for the purposes of this Act
15only, any person who has been or is hereafter appointed to a
16fire department or fire protection district or employed by a
17state university and sworn or commissioned to perform fire
18fighter duties or paramedic duties, except that the following
19persons are not included: part-time fire fighters, auxiliary,
20reserve or voluntary fire fighters, including paid on-call fire
21fighters, clerks and dispatchers or other civilian employees of
22a fire department or fire protection district who are not
23routinely expected to perform fire fighter duties, or elected
24officials.
25    (g-2) "General Assembly of the State of Illinois" means the
26legislative branch of the government of the State of Illinois,

 

 

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1as provided for under Article IV of the Constitution of the
2State of Illinois, and includes but is not limited to the House
3of Representatives, the Senate, the Speaker of the House of
4Representatives, the Minority Leader of the House of
5Representatives, the President of the Senate, the Minority
6Leader of the Senate, the Joint Committee on Legislative
7Support Services and any legislative support services agency
8listed in the Legislative Commission Reorganization Act of
91984.
10    (h) "Governing body" means, in the case of the State, the
11State Panel of the Illinois Labor Relations Board, the Director
12of the Department of Central Management Services, and the
13Director of the Department of Labor; the county board in the
14case of a county; the corporate authorities in the case of a
15municipality; and the appropriate body authorized to provide
16for expenditures of its funds in the case of any other unit of
17government.
18    (i) "Labor organization" means any organization in which
19public employees participate and that exists for the purpose,
20in whole or in part, of dealing with a public employer
21concerning wages, hours, and other terms and conditions of
22employment, including the settlement of grievances.
23    (i-5) "Legislative liaison" means a person who is an
24employee of a State agency, the Attorney General, the Secretary
25of State, the Comptroller, or the Treasurer, as the case may
26be, and whose job duties require the person to regularly

 

 

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1communicate in the course of his or her employment with any
2official or staff of the General Assembly of the State of
3Illinois for the purpose of influencing any legislative action.
4    (j) "Managerial employee" means an individual who is
5engaged predominantly in executive and management functions
6and is charged with the responsibility of directing the
7effectuation of management policies and practices. With
8respect only to State employees in positions under the
9jurisdiction of the Attorney General, Secretary of State,
10Comptroller, or Treasurer (i) that were certified in a
11bargaining unit on or after December 2, 2008, (ii) for which a
12petition is filed with the Illinois Public Labor Relations
13Board on or after April 5, 2013 (the effective date of Public
14Act 97-1172), or (iii) for which a petition is pending before
15the Illinois Public Labor Relations Board on that date,
16"managerial employee" means an individual who is engaged in
17executive and management functions or who is charged with the
18effectuation of management policies and practices or who
19represents management interests by taking or recommending
20discretionary actions that effectively control or implement
21policy. Nothing in this definition prohibits an individual from
22also meeting the definition of "supervisor" under subsection
23(r) of this Section.
24    (k) "Peace officer" means, for the purposes of this Act
25only, any persons who have been or are hereafter appointed to a
26police force, department, or agency and sworn or commissioned

 

 

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1to perform police duties, except that the following persons are
2not included: part-time police officers, special police
3officers, auxiliary police as defined by Section 3.1-30-20 of
4the Illinois Municipal Code, night watchmen, "merchant
5police", court security officers as defined by Section 3-6012.1
6of the Counties Code, temporary employees, traffic guards or
7wardens, civilian parking meter and parking facilities
8personnel or other individuals specially appointed to aid or
9direct traffic at or near schools or public functions or to aid
10in civil defense or disaster, parking enforcement employees who
11are not commissioned as peace officers and who are not armed
12and who are not routinely expected to effect arrests, parking
13lot attendants, clerks and dispatchers or other civilian
14employees of a police department who are not routinely expected
15to effect arrests, or elected officials.
16    (l) "Person" includes one or more individuals, labor
17organizations, public employees, associations, corporations,
18legal representatives, trustees, trustees in bankruptcy,
19receivers, or the State of Illinois or any political
20subdivision of the State or governing body, but does not
21include the General Assembly of the State of Illinois or any
22individual employed by the General Assembly of the State of
23Illinois.
24    (m) "Professional employee" means any employee engaged in
25work predominantly intellectual and varied in character rather
26than routine mental, manual, mechanical or physical work;

 

 

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1involving the consistent exercise of discretion and adjustment
2in its performance; of such a character that the output
3produced or the result accomplished cannot be standardized in
4relation to a given period of time; and requiring advanced
5knowledge in a field of science or learning customarily
6acquired by a prolonged course of specialized intellectual
7instruction and study in an institution of higher learning or a
8hospital, as distinguished from a general academic education or
9from apprenticeship or from training in the performance of
10routine mental, manual, or physical processes; or any employee
11who has completed the courses of specialized intellectual
12instruction and study prescribed in this subsection (m) and is
13performing related work under the supervision of a professional
14person to qualify to become a professional employee as defined
15in this subsection (m).
16    (n) "Public employee" or "employee", for the purposes of
17this Act, means any individual employed by a public employer,
18including (i) interns and residents at public hospitals, (ii)
19as of the effective date of this amendatory Act of the 93rd
20General Assembly, but not before, personal assistants working
21under the Home Services Program under Section 3 of the Disabled
22Persons Rehabilitation Act, subject to the limitations set
23forth in this Act and in the Disabled Persons Rehabilitation
24Act, (iii) as of the effective date of this amendatory Act of
25the 94th General Assembly, but not before, child and day care
26home providers participating in the child care assistance

 

 

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1program under Section 9A-11 of the Illinois Public Aid Code,
2subject to the limitations set forth in this Act and in Section
39A-11 of the Illinois Public Aid Code, (iv) as of January 29,
42013 (the effective date of Public Act 97-1158), but not before
5except as otherwise provided in this subsection (n), home care
6and home health workers who function as personal assistants and
7individual maintenance home health workers and who also work
8under the Home Services Program under Section 3 of the Disabled
9Persons Rehabilitation Act, no matter whether the State
10provides those services through direct fee-for-service
11arrangements, with the assistance of a managed care
12organization or other intermediary, or otherwise, (v)
13beginning on the effective date of this amendatory Act of the
1498th General Assembly and notwithstanding any other provision
15of this Act, any person employed by a public employer and who
16is classified as or who holds the employment title of Chief
17Stationary Engineer, Assistant Chief Stationary Engineer,
18Sewage Plant Operator, Water Plant Operator, Stationary
19Engineer, Plant Operating Engineer, and any other employee who
20holds the position of: Civil Engineer V, Civil Engineer VI,
21Civil Engineer VII, Technical Manager I, Technical Manager II,
22Technical Manager III, Technical Manager IV, Technical Manager
23V, Technical Manager VI, Realty Specialist III, Realty
24Specialist IV, Realty Specialist V, Technical Advisor I,
25Technical Advisor II, Technical Advisor III, Technical Advisor
26IV, or Technical Advisor V employed by the Department of

 

 

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1Transportation who is in a position which is certified in a
2bargaining unit on or before the effective date of this
3amendatory Act of the 98th General Assembly, and (vi) beginning
4on the effective date of this amendatory Act of the 98th
5General Assembly and notwithstanding any other provision of
6this Act, any mental health administrator in the Department of
7Corrections who is classified as or who holds the position of
8Public Service Administrator (Option 8K), any employee of the
9Office of the Inspector General in the Department of Human
10Services who is classified as or who holds the position of
11Public Service Administrator (Option 7), any Deputy of
12Intelligence in the Department of Corrections who is classified
13as or who holds the position of Public Service Administrator
14(Option 7), and any employee of the Department of State Police
15who handles issues concerning the Illinois State Police Sex
16Offender Registry and who is classified as or holds the
17position of Public Service Administrator (Option 7), but
18excluding all of the following: employees of the General
19Assembly of the State of Illinois; elected officials; executive
20heads of a department; members of boards or commissions; the
21Executive Inspectors General; any special Executive Inspectors
22General; employees of each Office of an Executive Inspector
23General; commissioners and employees of the Executive Ethics
24Commission; the Auditor General's Inspector General; employees
25of the Office of the Auditor General's Inspector General; the
26Legislative Inspector General; any special Legislative

 

 

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1Inspectors General; employees of the Office of the Legislative
2Inspector General; commissioners and employees of the
3Legislative Ethics Commission; employees of any agency, board
4or commission created by this Act; members of the Illinois
5Health Benefits Exchange Board and employees of the Illinois
6Health Benefits Exchange; employees appointed to State
7positions of a temporary or emergency nature; all employees of
8school districts and higher education institutions except
9firefighters and peace officers employed by a state university
10and except peace officers employed by a school district in its
11own police department in existence on the effective date of
12this amendatory Act of the 96th General Assembly; managerial
13employees; short-term employees; legislative liaisons; a
14person who is a State employee under the jurisdiction of the
15Office of the Attorney General who is licensed to practice law
16or whose position authorizes, either directly or indirectly,
17meaningful input into government decision-making on issues
18where there is room for principled disagreement on goals or
19their implementation; a person who is a State employee under
20the jurisdiction of the Office of the Comptroller who holds the
21position of Public Service Administrator or whose position is
22otherwise exempt under the Comptroller Merit Employment Code; a
23person who is a State employee under the jurisdiction of the
24Secretary of State who holds the position classification of
25Executive I or higher, whose position authorizes, either
26directly or indirectly, meaningful input into government

 

 

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1decision-making on issues where there is room for principled
2disagreement on goals or their implementation, or who is
3otherwise exempt under the Secretary of State Merit Employment
4Code; employees in the Office of the Secretary of State who are
5completely exempt from jurisdiction B of the Secretary of State
6Merit Employment Code and who are in Rutan-exempt positions on
7or after April 5, 2013 (the effective date of Public Act
897-1172); a person who is a State employee under the
9jurisdiction of the Treasurer who holds a position that is
10exempt from the State Treasurer Employment Code; any employee
11of a State agency who (i) holds the title or position of, or
12exercises substantially similar duties as a legislative
13liaison, Agency General Counsel, Agency Chief of Staff, Agency
14Executive Director, Agency Deputy Director, Agency Chief
15Fiscal Officer, Agency Human Resources Director, Public
16Information Officer, or Chief Information Officer and (ii) was
17neither included in a bargaining unit nor subject to an active
18petition for certification in a bargaining unit; any employee
19of a State agency who (i) is in a position that is
20Rutan-exempt, as designated by the employer, and completely
21exempt from jurisdiction B of the Personnel Code and (ii) was
22neither included in a bargaining unit nor subject to an active
23petition for certification in a bargaining unit; any term
24appointed employee of a State agency pursuant to Section 8b.18
25or 8b.19 of the Personnel Code who was neither included in a
26bargaining unit nor subject to an active petition for

 

 

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1certification in a bargaining unit; any employment position
2properly designated pursuant to Section 6.1 of this Act;
3confidential employees; independent contractors; and
4supervisors except as provided in this Act.
5    Home care and home health workers who function as personal
6assistants and individual maintenance home health workers and
7who also work under the Home Services Program under Section 3
8of the Disabled Persons Rehabilitation Act shall not be
9considered public employees for any purposes not specifically
10provided for in Public Act 93-204 or Public Act 97-1158,
11including but not limited to, purposes of vicarious liability
12in tort and purposes of statutory retirement or health
13insurance benefits. Home care and home health workers who
14function as personal assistants and individual maintenance
15home health workers and who also work under the Home Services
16Program under Section 3 of the Disabled Persons Rehabilitation
17Act shall not be covered by the State Employees Group Insurance
18Act of 1971 (5 ILCS 375/).
19    Child and day care home providers shall not be considered
20public employees for any purposes not specifically provided for
21in this amendatory Act of the 94th General Assembly, including
22but not limited to, purposes of vicarious liability in tort and
23purposes of statutory retirement or health insurance benefits.
24Child and day care home providers shall not be covered by the
25State Employees Group Insurance Act of 1971.
26    Notwithstanding Section 9, subsection (c), or any other

 

 

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1provisions of this Act, all peace officers above the rank of
2captain in municipalities with more than 1,000,000 inhabitants
3shall be excluded from this Act.
4    (o) Except as otherwise in subsection (o-5), "public
5employer" or "employer" means the State of Illinois; any
6political subdivision of the State, unit of local government or
7school district; authorities including departments, divisions,
8bureaus, boards, commissions, or other agencies of the
9foregoing entities; and any person acting within the scope of
10his or her authority, express or implied, on behalf of those
11entities in dealing with its employees. As of the effective
12date of the amendatory Act of the 93rd General Assembly, but
13not before, the State of Illinois shall be considered the
14employer of the personal assistants working under the Home
15Services Program under Section 3 of the Disabled Persons
16Rehabilitation Act, subject to the limitations set forth in
17this Act and in the Disabled Persons Rehabilitation Act. As of
18January 29, 2013 (the effective date of Public Act 97-1158),
19but not before except as otherwise provided in this subsection
20(o), the State shall be considered the employer of home care
21and home health workers who function as personal assistants and
22individual maintenance home health workers and who also work
23under the Home Services Program under Section 3 of the Disabled
24Persons Rehabilitation Act, no matter whether the State
25provides those services through direct fee-for-service
26arrangements, with the assistance of a managed care

 

 

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1organization or other intermediary, or otherwise, but subject
2to the limitations set forth in this Act and the Disabled
3Persons Rehabilitation Act. The State shall not be considered
4to be the employer of home care and home health workers who
5function as personal assistants and individual maintenance
6home health workers and who also work under the Home Services
7Program under Section 3 of the Disabled Persons Rehabilitation
8Act, for any purposes not specifically provided for in Public
9Act 93-204 or Public Act 97-1158, including but not limited to,
10purposes of vicarious liability in tort and purposes of
11statutory retirement or health insurance benefits. Home care
12and home health workers who function as personal assistants and
13individual maintenance home health workers and who also work
14under the Home Services Program under Section 3 of the Disabled
15Persons Rehabilitation Act shall not be covered by the State
16Employees Group Insurance Act of 1971 (5 ILCS 375/). As of the
17effective date of this amendatory Act of the 94th General
18Assembly but not before, the State of Illinois shall be
19considered the employer of the day and child care home
20providers participating in the child care assistance program
21under Section 9A-11 of the Illinois Public Aid Code, subject to
22the limitations set forth in this Act and in Section 9A-11 of
23the Illinois Public Aid Code. The State shall not be considered
24to be the employer of child and day care home providers for any
25purposes not specifically provided for in this amendatory Act
26of the 94th General Assembly, including but not limited to,

 

 

09800SB0636ham005- 22 -LRB098 04421 RPS 62520 a

1purposes of vicarious liability in tort and purposes of
2statutory retirement or health insurance benefits. Child and
3day care home providers shall not be covered by the State
4Employees Group Insurance Act of 1971.
5    "Public employer" or "employer" as used in this Act,
6however, does not mean and shall not include the General
7Assembly of the State of Illinois, the Executive Ethics
8Commission, the Offices of the Executive Inspectors General,
9the Legislative Ethics Commission, the Office of the
10Legislative Inspector General, the Office of the Auditor
11General's Inspector General, the Office of the Governor, the
12Governor's Office of Management and Budget, the Illinois
13Finance Authority, the Office of the Lieutenant Governor, the
14State Board of Elections, the Illinois Health Benefits
15Exchange, and educational employers or employers as defined in
16the Illinois Educational Labor Relations Act, except with
17respect to a state university in its employment of firefighters
18and peace officers and except with respect to a school district
19in the employment of peace officers in its own police
20department in existence on the effective date of this
21amendatory Act of the 96th General Assembly. County boards and
22county sheriffs shall be designated as joint or co-employers of
23county peace officers appointed under the authority of a county
24sheriff. Nothing in this subsection (o) shall be construed to
25prevent the State Panel or the Local Panel from determining
26that employers are joint or co-employers.

 

 

09800SB0636ham005- 23 -LRB098 04421 RPS 62520 a

1    (o-5) With respect to wages, fringe benefits, hours,
2holidays, vacations, proficiency examinations, sick leave, and
3other conditions of employment, the public employer of public
4employees who are court reporters, as defined in the Court
5Reporters Act, shall be determined as follows:
6        (1) For court reporters employed by the Cook County
7    Judicial Circuit, the chief judge of the Cook County
8    Circuit Court is the public employer and employer
9    representative.
10        (2) For court reporters employed by the 12th, 18th,
11    19th, and, on and after December 4, 2006, the 22nd judicial
12    circuits, a group consisting of the chief judges of those
13    circuits, acting jointly by majority vote, is the public
14    employer and employer representative.
15        (3) For court reporters employed by all other judicial
16    circuits, a group consisting of the chief judges of those
17    circuits, acting jointly by majority vote, is the public
18    employer and employer representative.
19    (p) "Security employee" means an employee who is
20responsible for the supervision and control of inmates at
21correctional facilities. The term also includes other
22non-security employees in bargaining units having the majority
23of employees being responsible for the supervision and control
24of inmates at correctional facilities.
25    (q) "Short-term employee" means an employee who is employed
26for less than 2 consecutive calendar quarters during a calendar

 

 

09800SB0636ham005- 24 -LRB098 04421 RPS 62520 a

1year and who does not have a reasonable assurance that he or
2she will be rehired by the same employer for the same service
3in a subsequent calendar year.
4    (q-5) "State agency" means an agency directly responsible
5to the Governor, as defined in Section 3.1 of the Executive
6Reorganization Implementation Act, and the Illinois Commerce
7Commission, the Illinois Workers' Compensation Commission, the
8Civil Service Commission, the Pollution Control Board, the
9Illinois Racing Board, and the Department of State Police Merit
10Board.
11    (r) "Supervisor" is:
12        (1) An employee whose principal work is substantially
13    different from that of his or her subordinates and who has
14    authority, in the interest of the employer, to hire,
15    transfer, suspend, lay off, recall, promote, discharge,
16    direct, reward, or discipline employees, to adjust their
17    grievances, or to effectively recommend any of those
18    actions, if the exercise of that authority is not of a
19    merely routine or clerical nature, but requires the
20    consistent use of independent judgment. Except with
21    respect to police employment, the term "supervisor"
22    includes only those individuals who devote a preponderance
23    of their employment time to exercising that authority,
24    State supervisors notwithstanding. Nothing in this
25    definition prohibits an individual from also meeting the
26    definition of "managerial employee" under subsection (j)

 

 

09800SB0636ham005- 25 -LRB098 04421 RPS 62520 a

1    of this Section. In addition, in determining supervisory
2    status in police employment, rank shall not be
3    determinative. The Board shall consider, as evidence of
4    bargaining unit inclusion or exclusion, the common law
5    enforcement policies and relationships between police
6    officer ranks and certification under applicable civil
7    service law, ordinances, personnel codes, or Division 2.1
8    of Article 10 of the Illinois Municipal Code, but these
9    factors shall not be the sole or predominant factors
10    considered by the Board in determining police supervisory
11    status.
12        Notwithstanding the provisions of the preceding
13    paragraph, in determining supervisory status in fire
14    fighter employment, no fire fighter shall be excluded as a
15    supervisor who has established representation rights under
16    Section 9 of this Act. Further, in new fire fighter units,
17    employees shall consist of fire fighters of the rank of
18    company officer and below. If a company officer otherwise
19    qualifies as a supervisor under the preceding paragraph,
20    however, he or she shall not be included in the fire
21    fighter unit. If there is no rank between that of chief and
22    the highest company officer, the employer may designate a
23    position on each shift as a Shift Commander, and the
24    persons occupying those positions shall be supervisors.
25    All other ranks above that of company officer shall be
26    supervisors.

 

 

09800SB0636ham005- 26 -LRB098 04421 RPS 62520 a

1        (2) With respect only to State employees in positions
2    under the jurisdiction of the Attorney General, Secretary
3    of State, Comptroller, or Treasurer (i) that were certified
4    in a bargaining unit on or after December 2, 2008, (ii) for
5    which a petition is filed with the Illinois Public Labor
6    Relations Board on or after April 5, 2013 (the effective
7    date of Public Act 97-1172), or (iii) for which a petition
8    is pending before the Illinois Public Labor Relations Board
9    on that date, an employee who qualifies as a supervisor
10    under (A) Section 152 of the National Labor Relations Act
11    and (B) orders of the National Labor Relations Board
12    interpreting that provision or decisions of courts
13    reviewing decisions of the National Labor Relations Board.
14    (s)(1) "Unit" means a class of jobs or positions that are
15held by employees whose collective interests may suitably be
16represented by a labor organization for collective bargaining.
17Except with respect to non-State fire fighters and paramedics
18employed by fire departments and fire protection districts,
19non-State peace officers, and peace officers in the Department
20of State Police, a bargaining unit determined by the Board
21shall not include both employees and supervisors, or
22supervisors only, except as provided in paragraph (2) of this
23subsection (s) and except for bargaining units in existence on
24July 1, 1984 (the effective date of this Act). With respect to
25non-State fire fighters and paramedics employed by fire
26departments and fire protection districts, non-State peace

 

 

09800SB0636ham005- 27 -LRB098 04421 RPS 62520 a

1officers, and peace officers in the Department of State Police,
2a bargaining unit determined by the Board shall not include
3both supervisors and nonsupervisors, or supervisors only,
4except as provided in paragraph (2) of this subsection (s) and
5except for bargaining units in existence on January 1, 1986
6(the effective date of this amendatory Act of 1985). A
7bargaining unit determined by the Board to contain peace
8officers shall contain no employees other than peace officers
9unless otherwise agreed to by the employer and the labor
10organization or labor organizations involved. Notwithstanding
11any other provision of this Act, a bargaining unit, including a
12historical bargaining unit, containing sworn peace officers of
13the Department of Natural Resources (formerly designated the
14Department of Conservation) shall contain no employees other
15than such sworn peace officers upon the effective date of this
16amendatory Act of 1990 or upon the expiration date of any
17collective bargaining agreement in effect upon the effective
18date of this amendatory Act of 1990 covering both such sworn
19peace officers and other employees.
20    (2) Notwithstanding the exclusion of supervisors from
21bargaining units as provided in paragraph (1) of this
22subsection (s), a public employer may agree to permit its
23supervisory employees to form bargaining units and may bargain
24with those units. This Act shall apply if the public employer
25chooses to bargain under this subsection.
26    (3) Public employees who are court reporters, as defined in

 

 

09800SB0636ham005- 28 -LRB098 04421 RPS 62520 a

1the Court Reporters Act, shall be divided into 3 units for
2collective bargaining purposes. One unit shall be court
3reporters employed by the Cook County Judicial Circuit; one
4unit shall be court reporters employed by the 12th, 18th, 19th,
5and, on and after December 4, 2006, the 22nd judicial circuits;
6and one unit shall be court reporters employed by all other
7judicial circuits.
8    (t) "Active petition for certification in a bargaining
9unit" means a petition for certification filed with the Board
10under one of the following case numbers: S-RC-11-110;
11S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
12S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
13S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
14S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
15S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
16S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
17S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
18S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
19S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
20S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
21S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
22S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
23S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
24S-RC-07-100.
25(Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13;
2697-1172, eff. 4-5-13; 98-100, eff. 7-19-13; 98-1004, eff.

 

 

09800SB0636ham005- 29 -LRB098 04421 RPS 62520 a

18-18-14.)
 
2    Section 8. The State Employee Indemnification Act is
3amended by changing Section 1 as follows:
 
4    (5 ILCS 350/1)  (from Ch. 127, par. 1301)
5    Sec. 1. Definitions. For the purpose of this Act:
6    (a) The term "State" means the State of Illinois, the
7General Assembly, the court, or any State office, department,
8division, bureau, board, commission, or committee, the
9governing boards of the public institutions of higher education
10created by the State, the Illinois National Guard, the
11Comprehensive Health Insurance Board, any poison control
12center designated under the Poison Control System Act that
13receives State funding, the Illinois Health Benefits Exchange,
14or any other agency or instrumentality of the State. It does
15not mean any local public entity as that term is defined in
16Section 1-206 of the Local Governmental and Governmental
17Employees Tort Immunity Act or a pension fund.
18    (b) The term "employee" means: any present or former
19elected or appointed officer, trustee or employee of the State,
20or of a pension fund; any present or former commissioner or
21employee of the Executive Ethics Commission or of the
22Legislative Ethics Commission; any present or former
23Executive, Legislative, or Auditor General's Inspector
24General; any present or former employee of an Office of an

 

 

09800SB0636ham005- 30 -LRB098 04421 RPS 62520 a

1Executive, Legislative, or Auditor General's Inspector
2General; any present or former member of the Illinois National
3Guard while on active duty; individuals or organizations who
4contract with the Department of Corrections, the Department of
5Juvenile Justice, the Comprehensive Health Insurance Board, or
6the Department of Veterans' Affairs to provide services;
7individuals or organizations who contract with the Department
8of Human Services (as successor to the Department of Mental
9Health and Developmental Disabilities) to provide services
10including but not limited to treatment and other services for
11sexually violent persons; individuals or organizations who
12contract with the Department of Military Affairs for youth
13programs; individuals or organizations who contract to perform
14carnival and amusement ride safety inspections for the
15Department of Labor; individuals who contract with the Office
16of the State's Attorneys Appellate Prosecutor to provide legal
17services, but only when performing duties within the scope of
18the Office's prosecutorial activities; individual
19representatives of or designated organizations authorized to
20represent the Office of State Long-Term Ombudsman for the
21Department on Aging; individual representatives of or
22organizations designated by the Department on Aging in the
23performance of their duties as adult protective services
24agencies or regional administrative agencies under the Adult
25Protective Services Act; individuals or organizations
26appointed as members of a review team or the Advisory Council

 

 

09800SB0636ham005- 31 -LRB098 04421 RPS 62520 a

1under the Adult Protective Services Act; individuals or
2organizations who perform volunteer services for the State
3where such volunteer relationship is reduced to writing;
4individuals who serve on any public entity (whether created by
5law or administrative action) described in paragraph (a) of
6this Section; individuals or not for profit organizations who,
7either as volunteers, where such volunteer relationship is
8reduced to writing, or pursuant to contract, furnish
9professional advice or consultation to any agency or
10instrumentality of the State; individuals who serve as foster
11parents for the Department of Children and Family Services when
12caring for a Department ward; individuals who serve as members
13of an independent team of experts under Brian's Law; and
14individuals who serve as arbitrators pursuant to Part 10A of
15Article II of the Code of Civil Procedure and the rules of the
16Supreme Court implementing Part 10A, each as now or hereafter
17amended; the term "employee" does not mean an independent
18contractor except as provided in this Section. The term
19includes an individual appointed as an inspector by the
20Director of State Police when performing duties within the
21scope of the activities of a Metropolitan Enforcement Group or
22a law enforcement organization established under the
23Intergovernmental Cooperation Act. An individual who renders
24professional advice and consultation to the State through an
25organization which qualifies as an "employee" under the Act is
26also an employee. The term includes the estate or personal

 

 

09800SB0636ham005- 32 -LRB098 04421 RPS 62520 a

1representative of an employee.
2    (c) The term "pension fund" means a retirement system or
3pension fund created under the Illinois Pension Code.
4(Source: P.A. 98-49, eff. 7-1-13; 98-83, eff. 7-15-13; 98-732,
5eff. 7-16-14; 98-756, eff. 7-16-14.)
 
6    Section 10. The Personnel Code is amended by changing
7Section 4c as follows:
 
8    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
9    Sec. 4c. General exemptions. The following positions in
10State service shall be exempt from jurisdictions A, B, and C,
11unless the jurisdictions shall be extended as provided in this
12Act:
13        (1) All officers elected by the people.
14        (2) All positions under the Lieutenant Governor,
15    Secretary of State, State Treasurer, State Comptroller,
16    State Board of Education, Clerk of the Supreme Court,
17    Attorney General, and State Board of Elections.
18        (3) Judges, and officers and employees of the courts,
19    and notaries public.
20        (4) All officers and employees of the Illinois General
21    Assembly, all employees of legislative commissions, all
22    officers and employees of the Illinois Legislative
23    Reference Bureau, the Legislative Research Unit, and the
24    Legislative Printing Unit.

 

 

09800SB0636ham005- 33 -LRB098 04421 RPS 62520 a

1        (5) All positions in the Illinois National Guard and
2    Illinois State Guard, paid from federal funds or positions
3    in the State Military Service filled by enlistment and paid
4    from State funds.
5        (6) All employees of the Governor at the executive
6    mansion and on his immediate personal staff.
7        (7) Directors of Departments, the Adjutant General,
8    the Assistant Adjutant General, the Director of the
9    Illinois Emergency Management Agency, members of boards
10    and commissions, and all other positions appointed by the
11    Governor by and with the consent of the Senate.
12        (8) The presidents, other principal administrative
13    officers, and teaching, research and extension faculties
14    of Chicago State University, Eastern Illinois University,
15    Governors State University, Illinois State University,
16    Northeastern Illinois University, Northern Illinois
17    University, Western Illinois University, the Illinois
18    Community College Board, Southern Illinois University,
19    Illinois Board of Higher Education, University of
20    Illinois, State Universities Civil Service System,
21    University Retirement System of Illinois, and the
22    administrative officers and scientific and technical staff
23    of the Illinois State Museum.
24        (9) All other employees except the presidents, other
25    principal administrative officers, and teaching, research
26    and extension faculties of the universities under the

 

 

09800SB0636ham005- 34 -LRB098 04421 RPS 62520 a

1    jurisdiction of the Board of Regents and the colleges and
2    universities under the jurisdiction of the Board of
3    Governors of State Colleges and Universities, Illinois
4    Community College Board, Southern Illinois University,
5    Illinois Board of Higher Education, Board of Governors of
6    State Colleges and Universities, the Board of Regents,
7    University of Illinois, State Universities Civil Service
8    System, University Retirement System of Illinois, so long
9    as these are subject to the provisions of the State
10    Universities Civil Service Act.
11        (10) The State Police so long as they are subject to
12    the merit provisions of the State Police Act.
13        (11) (Blank).
14        (12) The technical and engineering staffs of the
15    Department of Transportation, the Department of Nuclear
16    Safety, the Pollution Control Board, and the Illinois
17    Commerce Commission, and the technical and engineering
18    staff providing architectural and engineering services in
19    the Department of Central Management Services.
20        (13) All employees of the Illinois State Toll Highway
21    Authority.
22        (14) The Secretary of the Illinois Workers'
23    Compensation Commission.
24        (15) All persons who are appointed or employed by the
25    Director of Insurance under authority of Section 202 of the
26    Illinois Insurance Code to assist the Director of Insurance

 

 

09800SB0636ham005- 35 -LRB098 04421 RPS 62520 a

1    in discharging his responsibilities relating to the
2    rehabilitation, liquidation, conservation, and dissolution
3    of companies that are subject to the jurisdiction of the
4    Illinois Insurance Code.
5        (16) All employees of the St. Louis Metropolitan Area
6    Airport Authority.
7        (17) All investment officers employed by the Illinois
8    State Board of Investment.
9        (18) Employees of the Illinois Young Adult
10    Conservation Corps program, administered by the Illinois
11    Department of Natural Resources, authorized grantee under
12    Title VIII of the Comprehensive Employment and Training Act
13    of 1973, 29 USC 993.
14        (19) Seasonal employees of the Department of
15    Agriculture for the operation of the Illinois State Fair
16    and the DuQuoin State Fair, no one person receiving more
17    than 29 days of such employment in any calendar year.
18        (20) All "temporary" employees hired under the
19    Department of Natural Resources' Illinois Conservation
20    Service, a youth employment program that hires young people
21    to work in State parks for a period of one year or less.
22        (21) All hearing officers of the Human Rights
23    Commission.
24        (22) All employees of the Illinois Mathematics and
25    Science Academy.
26        (23) All employees of the Kankakee River Valley Area

 

 

09800SB0636ham005- 36 -LRB098 04421 RPS 62520 a

1    Airport Authority.
2        (24) The commissioners and employees of the Executive
3    Ethics Commission.
4        (25) The Executive Inspectors General, including
5    special Executive Inspectors General, and employees of
6    each Office of an Executive Inspector General.
7        (26) The commissioners and employees of the
8    Legislative Ethics Commission.
9        (27) The Legislative Inspector General, including
10    special Legislative Inspectors General, and employees of
11    the Office of the Legislative Inspector General.
12        (28) The Auditor General's Inspector General and
13    employees of the Office of the Auditor General's Inspector
14    General.
15        (29) All employees of the Illinois Power Agency.
16        (30) Employees having demonstrable, defined advanced
17    skills in accounting, financial reporting, or technical
18    expertise who are employed within executive branch
19    agencies and whose duties are directly related to the
20    submission to the Office of the Comptroller of financial
21    information for the publication of the Comprehensive
22    Annual Financial Report (CAFR).
23        (31) All employees of the Illinois Sentencing Policy
24    Advisory Council.
25        (32) The employees of the Illinois Health Benefits
26    Exchange.

 

 

09800SB0636ham005- 37 -LRB098 04421 RPS 62520 a

1(Source: P.A. 97-618, eff. 10-26-11; 97-1055, eff. 8-23-12;
298-65, eff. 7-15-13.)
 
3    Section 15. The Department of Insurance Law of the Civil
4Administrative Code of Illinois is amended by adding Section
51405-40 as follows:
 
6    (20 ILCS 1405/1405-40 new)
7    Sec. 1405-40. Transfer of the Comprehensive Health
8Insurance Plan.
9    (a) On January 1, 2016, all powers, duties, rights, and
10responsibilities of the Comprehensive Health Insurance Plan
11and the Illinois Comprehensive Health Insurance Board shall be
12transferred to the Department of Insurance.
13    (b) The Department of Insurance shall act on behalf of the
14Comprehensive Health Insurance Plan and the Illinois
15Comprehensive Health Insurance Board and shall have the power
16and duty to receive and answer correspondence, pay claims due
17and owing to the Department of Central Management Services
18revolving fund from any unencumbered funds, refer unpaid
19vendors to the court of claims, and arrange for the orderly
20termination of any affairs of the Comprehensive Health
21Insurance Plan and the Illinois Comprehensive Health Insurance
22Board that remain unresolved on or after January 1, 2016.
23    (c) All books, records, papers, documents, property (real
24and personal), contracts, causes of action, and pending

 

 

09800SB0636ham005- 38 -LRB098 04421 RPS 62520 a

1business pertaining to the powers, duties, rights, and
2responsibilities transferred by this amendatory Act of the 98th
3General Assembly from the Comprehensive Health Insurance Plan
4and the Illinois Comprehensive Health Insurance Board to the
5Department of Insurance, including, but not limited to,
6material in electronic or magnetic format and necessary
7computer hardware and software, shall be transferred to the
8Department of Insurance. Records shall remain intact as
9regulated by the federal Health Insurance Portability and
10Accountability Act of 1996.
11    (d) The personnel of the Comprehensive Health Insurance
12Plan and the Illinois Comprehensive Health Insurance Board
13shall be transferred to the Department of Insurance. The status
14and rights of those employees under the Personnel Code shall
15not be affected by the transfer. The rights of the employees
16and the State of Illinois and its agencies under the Personnel
17Code and applicable collective bargaining agreements or under
18any pension, retirement, or annuity plan shall not be affected
19by this amendatory Act of the 98th General Assembly.
20    (e) All unexpended appropriations and balances and other
21funds available for use by the Comprehensive Health Insurance
22Plan and the Illinois Comprehensive Health Insurance Board
23shall be transferred for use by the Department of Insurance.
24Unexpended balances so transferred shall be expended only for
25the purpose for which the appropriations were originally made.
26    (f) The powers, duties, rights, and responsibilities

 

 

09800SB0636ham005- 39 -LRB098 04421 RPS 62520 a

1transferred from the Comprehensive Health Insurance Plan and
2the Illinois Comprehensive Health Insurance Board shall be
3vested in and shall be exercised by the Department of
4Insurance.
5    (g) Whenever reports or notices are now required to be made
6or given or papers or documents furnished or served by any
7person to or upon the Comprehensive Health Insurance Plan or
8the Illinois Comprehensive Health Insurance Board in
9connection with any of the powers, duties, rights, and
10responsibilities transferred by this amendatory Act of the 98th
11General Assembly, the same shall be made, given, furnished, or
12served in the same manner to or upon the Department of
13Insurance.
14    (h) This amendatory Act of the 98th General Assembly does
15not affect any act done, ratified, or canceled or any right
16occurring or established or any action or proceeding had or
17commenced in an administrative, civil, or criminal cause by the
18Comprehensive Health Insurance Plan or the Illinois
19Comprehensive Health Insurance Board prior to January 1, 2016;
20such actions or proceedings may be prosecuted and continued by
21the Department of Insurance.
 
22    Section 20. The Illinois State Auditing Act is amended by
23changing Section 3-1 as follows:
 
24    (30 ILCS 5/3-1)  (from Ch. 15, par. 303-1)

 

 

09800SB0636ham005- 40 -LRB098 04421 RPS 62520 a

1    Sec. 3-1. Jurisdiction of Auditor General. The Auditor
2General has jurisdiction over all State agencies to make post
3audits and investigations authorized by or under this Act or
4the Constitution.
5    The Auditor General has jurisdiction over local government
6agencies and private agencies only:
7        (a) to make such post audits authorized by or under
8    this Act as are necessary and incidental to a post audit of
9    a State agency or of a program administered by a State
10    agency involving public funds of the State, but this
11    jurisdiction does not include any authority to review local
12    governmental agencies in the obligation, receipt,
13    expenditure or use of public funds of the State that are
14    granted without limitation or condition imposed by law,
15    other than the general limitation that such funds be used
16    for public purposes;
17        (b) to make investigations authorized by or under this
18    Act or the Constitution; and
19        (c) to make audits of the records of local government
20    agencies to verify actual costs of state-mandated programs
21    when directed to do so by the Legislative Audit Commission
22    at the request of the State Board of Appeals under the
23    State Mandates Act.
24    In addition to the foregoing, the Auditor General may
25conduct an audit of the Metropolitan Pier and Exposition
26Authority, the Regional Transportation Authority, the Suburban

 

 

09800SB0636ham005- 41 -LRB098 04421 RPS 62520 a

1Bus Division, the Commuter Rail Division and the Chicago
2Transit Authority and any other subsidized carrier when
3authorized by the Legislative Audit Commission. Such audit may
4be a financial, management or program audit, or any combination
5thereof.
6    The audit shall determine whether they are operating in
7accordance with all applicable laws and regulations. Subject to
8the limitations of this Act, the Legislative Audit Commission
9may by resolution specify additional determinations to be
10included in the scope of the audit.
11    In addition to the foregoing, the Auditor General must also
12conduct a financial audit of the Illinois Sports Facilities
13Authority's expenditures of public funds in connection with the
14reconstruction, renovation, remodeling, extension, or
15improvement of all or substantially all of any existing
16"facility", as that term is defined in the Illinois Sports
17Facilities Authority Act.
18    The Auditor General may also conduct an audit, when
19authorized by the Legislative Audit Commission, of any hospital
20which receives 10% or more of its gross revenues from payments
21from the State of Illinois, Department of Healthcare and Family
22Services (formerly Department of Public Aid), Medical
23Assistance Program.
24    The Auditor General is authorized to conduct financial and
25compliance audits of the Illinois Distance Learning Foundation
26and the Illinois Conservation Foundation.

 

 

09800SB0636ham005- 42 -LRB098 04421 RPS 62520 a

1    As soon as practical after the effective date of this
2amendatory Act of 1995, the Auditor General shall conduct a
3compliance and management audit of the City of Chicago and any
4other entity with regard to the operation of Chicago O'Hare
5International Airport, Chicago Midway Airport and Merrill C.
6Meigs Field. The audit shall include, but not be limited to, an
7examination of revenues, expenses, and transfers of funds;
8purchasing and contracting policies and practices; staffing
9levels; and hiring practices and procedures. When completed,
10the audit required by this paragraph shall be distributed in
11accordance with Section 3-14.
12    The Auditor General shall conduct a financial and
13compliance and program audit of distributions from the
14Municipal Economic Development Fund during the immediately
15preceding calendar year pursuant to Section 8-403.1 of the
16Public Utilities Act at no cost to the city, village, or
17incorporated town that received the distributions.
18    The Auditor General must conduct an audit of the Health
19Facilities and Services Review Board pursuant to Section 19.5
20of the Illinois Health Facilities Planning Act.
21    The Auditor General of the State of Illinois shall annually
22conduct or cause to be conducted a financial and compliance
23audit of the books and records of any county water commission
24organized pursuant to the Water Commission Act of 1985 and
25shall file a copy of the report of that audit with the Governor
26and the Legislative Audit Commission. The filed audit shall be

 

 

09800SB0636ham005- 43 -LRB098 04421 RPS 62520 a

1open to the public for inspection. The cost of the audit shall
2be charged to the county water commission in accordance with
3Section 6z-27 of the State Finance Act. The county water
4commission shall make available to the Auditor General its
5books and records and any other documentation, whether in the
6possession of its trustees or other parties, necessary to
7conduct the audit required. These audit requirements apply only
8through July 1, 2007.
9    The Auditor General must conduct audits of the Rend Lake
10Conservancy District as provided in Section 25.5 of the River
11Conservancy Districts Act.
12    The Auditor General must conduct financial audits of the
13Southeastern Illinois Economic Development Authority as
14provided in Section 70 of the Southeastern Illinois Economic
15Development Authority Act.
16    The Auditor General shall conduct a compliance audit in
17accordance with subsections (d) and (f) of Section 30 of the
18Innovation Development and Economy Act.
19    The Auditor General shall have the authority to conduct an
20audit of the Illinois Health Benefits Exchange. The audit may
21be a financial audit, a management audit, a program audit, or
22any combination thereof.
23(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09;
2496-939, eff. 6-24-10.)
 
25    Section 25. The Illinois Procurement Code is amended by

 

 

09800SB0636ham005- 44 -LRB098 04421 RPS 62520 a

1changing Section 1-15.100 as follows:
 
2    (30 ILCS 500/1-15.100)
3    Sec. 1-15.100. State agency. "State agency" means and
4includes all boards, commissions, agencies, institutions,
5authorities, and bodies politic and corporate of the State,
6created by or in accordance with the constitution or statute,
7of the executive branch of State government and does include
8colleges, universities, and institutions under the
9jurisdiction of the governing boards of the University of
10Illinois, Southern Illinois University, Illinois State
11University, Eastern Illinois University, Northern Illinois
12University, Western Illinois University, Chicago State
13University, Governor State University, Northeastern Illinois
14University, and the Board of Higher Education. However, this
15term does not apply to public employee retirement systems or
16investment boards that are subject to fiduciary duties imposed
17by the Illinois Pension Code or to the University of Illinois
18Foundation. "State agency" does not include units of local
19government, school districts, community colleges under the
20Public Community College Act, and the Illinois Comprehensive
21Health Insurance Board, and the Illinois Health Benefits
22Exchange.
23(Source: P.A. 90-572, eff. 2-6-98.)
 
24    Section 30. The Comprehensive Health Insurance Plan Act is

 

 

09800SB0636ham005- 45 -LRB098 04421 RPS 62520 a

1amended by adding Sections 16 and 17 as follows:
 
2    (215 ILCS 105/16 new)
3    Sec. 16. Cessation of operations.
4    (a) Except as otherwise provided in this Section, the
5insurance operations of the Plan authorized by this Act shall
6cease on January 1, 2016.
7    (b) Coverage under the Plan does not apply to service
8provided on or after January 1, 2016.
9    (c) The Plan shall cease enrolling new participants on
10December 31, 2015.
11    (d) The Plan shall cease providing coverage for
12participants enrolled prior to January 1, 2016 at 11:59 p.m. on
13December 31, 2015. Except as otherwise provided in this
14subsection (d), the Board shall provide at least 90 days
15written notice to all Plan participants of the cessation of
16coverage under this Section. For participants enrolled less
17than 90 days before January 1, 2016, notice of the cessation of
18coverage under this Section shall be provided to all applicants
19and to all participants upon enrollment.
20    (e) Any claim for payment under the Plan must be submitted
21no later than 90 days after January 1, 2016, and any valid
22claim submitted on or after January 1, 2016 must be paid within
2390 days after receipt.
24    (f) Any grievance shall be resolved by the Board not later
25than October 31, 2016.

 

 

09800SB0636ham005- 46 -LRB098 04421 RPS 62520 a

1    (g) Balance billing under this Section by a health care
2provider that is not a member of the provider network
3arrangement used by the Plan is prohibited.
4    (h) The Board shall, not later than June 30, 2015, submit
5to the Director a plan of dissolution, which must provide for,
6but not be limited to, the following:
7        (1) Continuity of care for an individual who is covered
8    under the Plan and is an inpatient on at the time the Plan
9    ceases.
10        (2) A final accounting of assessments.
11        (3) Resolution of any net asset deficiency.
12        (4) Cessation of all liability of the Plan.
13        (5) Final dissolution of the Plan.
14    (i) No legal action by or against the Plan may be filed on
15or after January 1, 2017.
16    (j) General Revenue Fund funds remaining in the Plan after
17satisfaction of all of the Plan's liabilities shall be
18transferred back into the General Revenue Fund.
19    (k) The Board shall cease charging insurer assessments on
20January 1, 2016; however, the Board may charge and collect
21insurer assessments pursuant to Section 12 of this Act as
22necessary to satisfy any remaining liabilities of the Plan.
23Insurer assessments remaining in the Plan after satisfaction of
24all of the Plan's liabilities shall be returned to insurers
25based on subsection (e) of Section 12 of this Act.
 

 

 

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1    (215 ILCS 105/17 new)
2    Sec. 17. Repealer. This Act is repealed on July 1, 2017.
 
3    Section 35. The Illinois Health Benefits Exchange Law is
4amended by changing Sections 5-3, 5-5, 5-10, and 5-15 and by
5adding Sections 5-4, 5-11, 5-12, 5-16, 5-17, 5-18, 5-21, 5-23,
6and 5-30 as follows:
 
7    (215 ILCS 122/5-3)
8    Sec. 5-3. Legislative intent. The General Assembly finds
9the health benefits exchanges authorized by the federal Patient
10Protection and Affordable Care Act represent one of a number of
11ways in which the State can address coverage gaps and provide
12individual consumers and small employers access to greater
13coverage options. The General Assembly also finds that the
14State is best positioned to implement an exchange that is
15sensitive to the coverage gaps and market landscape unique to
16this State.
17    The purpose of this Law is to provide for the establishment
18of an Illinois Health Benefits Exchange (the Exchange) to
19facilitate the purchase and sale of qualified health plans and
20qualified dental plans in the individual market in this State
21and to provide for the establishment of a Small Business Health
22Options Program (SHOP Exchange) to assist qualified small
23employers in this State in facilitating the enrollment of their
24employees in qualified health plans and qualified dental plans

 

 

09800SB0636ham005- 48 -LRB098 04421 RPS 62520 a

1offered in the small group market. The intent of the Exchange
2is to supplement the existing health insurance market to
3simplify shopping for individual and small employers by
4increasing access to benefit options, encouraging a
5competitive market both inside and outside the Exchange,
6reducing the number of uninsured, and providing a transparent
7marketplace and effective consumer education and programmatic
8assistance tools. The purpose of this Law is to ensure that the
9State is making sufficient progress towards establishing an
10exchange within the guidelines outlined by the federal law and
11to protect Illinoisans from undue federal regulation. Although
12the federal law imposes a number of core requirements on
13state-level exchanges, the State has significant flexibility
14in the design and operation of a State exchange that make it
15prudent for the State to carefully analyze, plan, and prepare
16for the exchange. The General Assembly finds that in order for
17the State to craft a tenable exchange that meets the
18fundamental goals outlined by the Patient Protection and
19Affordable Care Act of expanding access to affordable coverage
20and improving the quality of care, the implementation process
21should (1) provide for broad stakeholder representation; (2)
22foster a robust and competitive marketplace, both inside and
23outside of the exchange; and (3) provide for a broad-based
24approach to the fiscal solvency of the exchange.
25(Source: P.A. 97-142, eff. 7-14-11.)
 

 

 

09800SB0636ham005- 49 -LRB098 04421 RPS 62520 a

1    (215 ILCS 122/5-4 new)
2    Sec. 5-4. Definitions. In this Law:
3    "Board" means the Illinois Health Benefits Exchange Board
4established pursuant to this Law.
5    "Department" means the Department of Insurance.
6    "Director" means the Director of Insurance.
7    "Educated health care consumer" means an individual who is
8knowledgeable about the health care system, has background or
9experience in making informed decisions regarding health,
10medical, and public health matters, and represents the
11interests of healthcare consumers.
12    "Essential health benefits" has the meaning provided under
13Section 1302(b) of the Federal Act.
14    "Exchange" means the Illinois Health Benefits Exchange
15established by this Law and includes the Individual Exchange
16and the SHOP Exchange, unless otherwise specified.
17    "Executive Director" means the Executive Director of the
18Illinois Health Benefits Exchange.
19    "Federal Act" means the federal Patient Protection and
20Affordable Care Act (Public Law 111-148), as amended by the
21federal Health Care and Education Reconciliation Act of 2010
22(Public Law 111-152), and any amendments thereto, or
23regulations or guidance issued under, those Acts.
24    "Health benefit plan" means a policy, contract,
25certificate, or agreement offered or issued by a health
26insurance carrier to provide, deliver, arrange for, pay for, or

 

 

09800SB0636ham005- 50 -LRB098 04421 RPS 62520 a

1reimburse any of the costs of health care services. "Health
2benefit plan" does not include:
3        (1) coverage for accident only or disability income
4    insurance or any combination thereof;
5        (2) coverage issued as a supplement to liability
6    insurance;
7        (3) liability insurance, including general liability
8    insurance and automobile liability insurance;
9        (4) workers' compensation or similar insurance;
10        (5) automobile medical payment insurance;
11        (6) credit-only insurance;
12        (7) coverage for on-site medical clinics; or
13        (8) other similar insurance coverage, specified in
14    federal regulations issued pursuant to the federal Health
15    Information Portability and Accountability Act of 1996,
16    Public Law 104-191, under which benefits for health care
17    services are secondary or incidental to other insurance
18    benefits.
19    "Health benefit plan" does not include the following
20benefits if they are provided under a separate policy,
21certificate, or contract of insurance or are otherwise not an
22integral part of the plan:
23        (a) limited scope dental or vision benefits;
24        (b) benefits for long-term care, nursing home care,
25    home health care, community-based care, or any combination
26    thereof; or

 

 

09800SB0636ham005- 51 -LRB098 04421 RPS 62520 a

1        (c) other similar, limited benefits specified in
2    federal regulations issued pursuant to Public Law 104-191.
3    "Health benefit plan" does not include the following
4benefits if the benefits are provided under a separate policy,
5certificate, or contract of insurance, there is no coordination
6between the provision of the benefits and any exclusion of
7benefits under any group health plan maintained by the same
8plan sponsor, and the benefits are paid with respect to an
9event without regard to whether benefits are provided with
10respect to such an event under any group health plan maintained
11by the same plan sponsor:
12        (i) coverage only for a specified disease or illness;
13    or
14        (ii) hospital indemnity or other fixed indemnity
15    insurance.
16    "Health benefit plan" does not include the following if
17offered as a separate policy, certificate, or contract of
18insurance:
19        (A) Medicare supplemental health insurance as defined
20    under Section 1882(g)(1) of the federal Social Security
21    Act;
22        (B) coverage supplemental to the coverage provided
23    under Chapter 55 of Title 10, United States Code (Civilian
24    Health and Medical Program of the Uniformed Services
25    (CHAMPUS)); or
26        (C) similar supplemental coverage provided to coverage

 

 

09800SB0636ham005- 52 -LRB098 04421 RPS 62520 a

1    under a group health plan.
2    "Health benefit plan" does not include a group health plan
3or multiple employer welfare arrangement to the extent the plan
4or arrangement is not subject to State insurance regulation
5under Section 514 of the federal Employee Retirement Income
6Security Act of 1974.
7    "Health insurance carrier" or "carrier" means an entity
8subject to the insurance laws and regulations of this State, or
9subject to the jurisdiction of the Director, that contracts or
10offers to contract to provide, deliver, arrange for, pay for,
11or reimburse any of the costs of health care services,
12including a sickness and accident insurance company, a health
13maintenance organization, or any other entity providing a plan
14of health insurance, or health benefits. "Health insurance
15carrier" does not include short term, accident only, disability
16income, hospital confinement or fixed indemnity, vision only,
17limited benefit, or credit insurance, coverage issued as a
18supplement to liability insurance, insurance arising out of a
19workers' compensation or similar law, automobile
20medical-payment insurance, insurance under which benefits are
21payable with or without regard to fault and which is
22statutorily required to be contained in any liability insurance
23policy or equivalent self-insurance, or a Consumer Operated and
24Oriented Plan.
25    "Illinois Health Benefits Exchange Fund" means the fund
26created outside of the State treasury to be used exclusively to

 

 

09800SB0636ham005- 53 -LRB098 04421 RPS 62520 a

1provide funding for the operation and administration of the
2Exchange in carrying out the purposes authorized by this Law.
3    "Individual Exchange" means the exchange marketplace
4established by this Law through which qualified individuals may
5obtain coverage through an individual market qualified health
6plan.
7    "Participating insurer" means a health insurance carrier
8that offers a qualified health plan or qualified dental plan
9through the Exchange.
10    "Principal place of business" means the location in a state
11where an employer has its headquarters or significant place of
12business and where the persons with direction and control
13authority over the business are employed.
14    "Qualified dental plan" means a limited scope dental plan
15that has been certified in accordance with this Law.
16    "Qualified employee" means an eligible individual employed
17by a qualified employer who has been offered health insurance
18coverage by that qualified employer through the SHOP Exchange.
19    "Qualified employer" means a small employer that elects to
20make its full-time employees eligible for one or more qualified
21health plans or qualified dental plans offered through the SHOP
22Exchange, and at the option of the employer, some or all of its
23part-time employees, provided that the employer either (i) has
24its principal place of business in this State and elects to
25provide coverage through the SHOP Exchange to all of its
26eligible employees, wherever employed, or (ii) offers coverage

 

 

09800SB0636ham005- 54 -LRB098 04421 RPS 62520 a

1through the SHOP Exchange to each eligible employee whose
2primary worksite is in this State.
3    "Qualified health plan" or "QHP" means a health benefit
4plan that has in effect a certification that the plan meets the
5criteria for certification described in Section 1311(c) of the
6Federal Act.
7    "Qualified health plan issuer" or "QHP issuer" means a
8health insurance carrier that offers a health plan that the
9Exchange has certified as a qualified health plan.
10    "Qualified individual" means an individual, including a
11minor, who:
12        (1) is seeking to enroll in a qualified health plan or
13    qualified dental plan offered to individuals through the
14    Exchange;
15        (2) resides in this State;
16        (3) at the time of enrollment, is not incarcerated,
17    other than incarceration pending the disposition of
18    charges; and
19        (4) is, and is reasonably expected to be, for the
20    entire period for which enrollment is sought, a citizen or
21    national of the United States or an alien lawfully present
22    in the United States.
23    "Secretary" means the Secretary of the federal Department
24of Health and Human Services.
25    "SHOP Exchange" means the Small Business Health Options
26Program established under this Law through which a qualified

 

 

09800SB0636ham005- 55 -LRB098 04421 RPS 62520 a

1employer can provide small group qualified health plans to its
2qualified employees through various options available to the
3employer, including, but not limited to: (a) offering one
4qualified health plan to employees, (b) offering multiple
5qualified health plans to employees, or (c) offering an
6employee-directed choice of a qualified health plan within an
7employer-selected coverage tier.
8    "Small employer" means, in connection with a group health
9plan with respect to a calendar year and a plan year, an
10employer who employed an average of at least one but no more
11than 50 employees before January 1, 2016 and no more than 100
12employees on and after January 1, 2016 on business days during
13the preceding calendar year and who employs at least one
14employee on the first day of the plan year. For purposes of
15this definition:
16        (a) all persons treated as a single employer under
17    subsection (b), (c), (m) or (o) of Section 414 of the
18    federal Internal Revenue Code of 1986 shall be treated as a
19    single employer;
20        (b) an employer and any predecessor employer shall be
21    treated as a single employer;
22        (c) employees shall be counted in accordance with
23    federal law and regulations and State law and regulations;
24    provided however, that in the event of a conflict between
25    the federal law and regulations and the State law and
26    regulations, the federal law and regulations shall

 

 

09800SB0636ham005- 56 -LRB098 04421 RPS 62520 a

1    prevail;
2        (d) if an employer was not in existence throughout the
3    preceding calendar year, then the determination of whether
4    that employer is a small employer shall be based on the
5    average number of employees that is reasonably expected
6    that employer will employ on business days in the current
7    calendar year; and
8        (e) an employer that makes enrollment in qualified
9    health plans or qualified dental plans available to its
10    employees through the SHOP Exchange, and would cease to be
11    a small employer by reason of an increase in the number of
12    its employees, shall continue to be treated as a small
13    employer for purposes of this Law as long as it
14    continuously makes enrollment through the SHOP Exchange
15    available to its employees.
 
16    (215 ILCS 122/5-5)
17    Sec. 5-5. Establishment of the Exchange State health
18benefits exchange.
19    (a) It is declared that this State, beginning on the
20effective date of this amendatory Act of the 98th General
21Assembly October 1, 2013, in accordance with Section 1311 of
22the federal Patient Protection and Affordable Care Act, shall
23establish a State health benefits exchange to be known as the
24Illinois Health Benefits Exchange in order to help individuals
25and small employers with no more than 50 employees shop for,

 

 

09800SB0636ham005- 57 -LRB098 04421 RPS 62520 a

1select, and enroll in qualified, affordable private health
2plans that fit their needs at competitive prices. The Exchange
3shall separate coverage pools for individuals and small
4employers and shall supplement and not supplant any existing
5private health insurance market for individuals and small
6employers. These health plans shall be available to individuals
7and small employers for enrollment by October 1, 2015.
8    (b) There is hereby created a political subdivision, body
9politic and corporate, named the Illinois Health Benefits
10Exchange. The Exchange shall be a public entity, but shall not
11be considered a department, institution, or agency of the
12State, except as otherwise expressly provided by law.
13    (c) The Exchange shall be comprised of an individual and a
14small business health options (SHOP) exchange. Pursuant to
15Section 1311(b)(2) of the Federal Act, the Exchange shall
16provide individual exchange services to qualified individuals
17and SHOP Exchange services to qualified employers under a
18single governance and administrative structure. The Board
19shall produce an assessment, which must include a premium
20impact study, by July 1, 2017 to determine the viability of
21merging the SHOP Exchange and Individual Exchange functions
22into a single exchange by January 1, 2018. Any recommended
23merger of the SHOP Exchange and Individual Exchange functions
24shall be subject to legislative approval.
25    (d) The Exchange shall promote a competitive marketplace
26for consumer access to affordable health coverage options. The

 

 

09800SB0636ham005- 58 -LRB098 04421 RPS 62520 a

1Department shall review and recommend that the Board certify
2health benefit plans on the individual and SHOP Exchange, as
3applicable, provided that any such health benefit plan meets
4the requirements set forth in Section 1311(c) of the Federal
5Act and any other requirements of the Illinois Insurance Code.
6The Board shall certify health benefit plans that the
7Department recommends for certification.
8    (e) The Exchange shall not supersede the provisions of the
9Illinois Insurance Code, nor the functions of the Department of
10Insurance, the Department of Healthcare and Family Services, or
11the Department of Public Health.
12(Source: P.A. 97-142, eff. 7-14-11.)
 
13    (215 ILCS 122/5-10)
14    Sec. 5-10. Exchange functions.
15    (a) On or before October 1, 2015, in compliance with
16paragraph (4) of subdivision (d) of Section 1311 of the federal
17Patient Protection and Affordable Care Act, the Exchange shall,
18at a minimum, do all of the following to implement Section 1311
19of the federal Patient Protection and Affordable Care Act:
20        (1) Make qualified health plans available to qualified
21    individuals and qualified employers.
22        (2) Implement procedures for the certification,
23    recertification, and decertification, consistent with
24    Section 5-12 of this Act and the guidelines established by
25    the U.S. Secretary of Health and Human Services, of health

 

 

09800SB0636ham005- 59 -LRB098 04421 RPS 62520 a

1    plans as qualified health plans.
2        (3) Provide for the operation of a toll-free telephone
3    hotline and call center to respond to requests for
4    assistance.
5        (4) Maintain an Internet website through which
6    enrollees and prospective enrollees of qualified health
7    plans may obtain standardized comparative information on
8    those plans. The Exchange shall include on its website a
9    navigator and producer locator section, featured
10    prominently, through which individuals and small employers
11    can find Exchange-certified producers and navigators.
12        (5) With respect to each qualified health plan offered
13    through the Exchange, do both of the following:
14            (A) assign a rating to each qualified health plan
15        offered through the Exchange in accordance with the
16        criteria developed by the U.S. Secretary of Health and
17        Human Services; and
18            (B) determine each qualified health plan's level
19        of coverage in accordance with regulations adopted by
20        the U.S. Secretary of Health and Human Services under
21        paragraph (A) of subdivision (2) of Section 1302(d) of
22        the federal Patient Protection and Affordable Care Act
23        and any additional regulations adopted by the Exchange
24        under this Law.
25        (6) Utilize a standardized format for presenting
26    health benefits plan options in the Exchange, including the

 

 

09800SB0636ham005- 60 -LRB098 04421 RPS 62520 a

1    use of the uniform outline of coverage established under
2    Section 2715 of the federal Public Health Service Act.
3        (7) Inform individuals of eligibility requirements for
4    the Medicaid program, the Covering ALL KIDS Health
5    Insurance Program, or any applicable State or local public
6    program and, if through screening of the application by the
7    Exchange the Exchange determines that an individual is
8    eligible for any such program, enroll that individual in
9    the program.
10        (8) Establish and make available by electronic means a
11    calculator to determine the actual cost of coverage after
12    the application of any premium tax credit under Section 36B
13    of the Internal Revenue Code of 1986 and any cost sharing
14    reduction under Section 1402 of the federal Patient
15    Protection and Affordable Care Act.
16        (9) Grant a certification attesting that, for purposes
17    of the individual responsibility penalty under Section
18    5000A of the Internal Revenue Code of 1986, an individual
19    is exempt from the individual requirement or from the
20    penalty imposed by that Section because of either of the
21    following:
22            (A) There is no affordable qualified health plan
23        available through the Exchange or the individual's
24        employer covering the individual.
25            (B) The individual meets the requirements for any
26        other exemption from the individual responsibility

 

 

09800SB0636ham005- 61 -LRB098 04421 RPS 62520 a

1        requirement or penalty.
2        (10) Transfer to the Secretary of the Treasury of the
3    United States all of the following:
4            (A) a list of the individuals who are issued a
5        certification, including the name and taxpayer
6        identification number of each individual;
7            (B) the name and taxpayer identification number of
8        each individual who was an employee of an employer, but
9        who was determined to be eligible for the premium tax
10        credit under Section 36B of the Internal Revenue Code
11        of 1986 because:
12                (i) the employer did not provide the minimum
13            essential coverage or the employer provided the
14            minimum essential coverage but it was determined
15            under item (C) of paragraph (2) of subdivision (c)
16            of Section 36B of the Internal Revenue Code to
17            either be unaffordable to the employee or not
18            provide the required minimum actuarial value; and
19                (ii) the name and taxpayer identification
20            number of each individual who notifies the
21            Exchange under paragraph (4) of subdivision (b) of
22            Section 1411 of the federal Patient Protection and
23            Affordable Care Act that they have changed
24            employers and of each individual who ceases
25            coverage under a qualified health plan during a
26            plan year, and the effective date of such

 

 

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1            cessation.
2        (11) Provide to each employer the name of each employee
3    of the employer described in subdivision (i) of Section
4    1311 of the federal Patient Protection and Affordable Care
5    Act who ceases coverage under a qualified health plan
6    during a plan year and the effective date of that
7    cessation.
8        (12) Perform duties required of, or delegated to, the
9    Exchange by the U.S. Secretary of Health and Human Services
10    or the Secretary of the Treasury of the United States
11    related to the following:
12            (A) Determining eligibility for premium tax
13        credits, reduced cost sharing, or individual
14        responsibility exemptions.
15            (B) Establishing procedures necessary for the
16        operation of the program, including, but not limited
17        to, procedures for application, enrollment, risk
18        assessment, risk adjustment, plan administration,
19        performance monitoring, and consumer education.
20            (C) Arranging for collection of contributions from
21        participating employers and individuals.
22            (D) Arranging for payment of premiums and other
23        appropriate disbursements based on the selections of
24        products and services by the individual participants.
25            (E) Establishing criteria for disenrollment of
26        participating individuals based on failure to pay the

 

 

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1        individual's share of any contribution required to
2        maintain enrollment in selected products.
3            (F) Establishing criteria for exclusion of
4        vendors.
5            (G) Developing and implementing a plan for
6        promoting public awareness of and participation in the
7        program.
8            (H) Evaluating options for employer participation
9        which may conform with common insurance practices.
10        (13) Providing for initial, annual, and special
11    enrollment periods, in accordance with guidelines adopted
12    by the U.S. Secretary of Health and Human Services under
13    paragraph (6) of subdivision (c) of Section 1311 of the
14    federal Patient Protection and Affordable Care Act.
15        (14) Establish the Navigator Program in accordance
16    with subdivision (i) of Section 1311 of the federal Patient
17    Protection and Affordable Care Act. The Exchange shall
18    award grants to certain entities to do the following:
19            (A) Conduct public education activities to raise
20        awareness of the availability of qualified health
21        plans.
22            (B) Distribute fair and impartial information
23        concerning enrollment in qualified health plans and
24        the availability of premium tax credits under Section
25        36B of the Internal Revenue Code of 1986 and
26        cost-sharing reductions under Section 1402 of the

 

 

09800SB0636ham005- 64 -LRB098 04421 RPS 62520 a

1        federal Patient Protection and Affordable Care Act.
2            (C) Facilitate enrollment in qualified health
3        plans.
4            (D) Provide referrals to any applicable office of
5        health insurance consumer assistance or health
6        insurance ombudsman established under Section 2793 of
7        the federal Public Health Service Act, or any other
8        appropriate State agency or agencies, for any enrollee
9        with a grievance, complaint, or question regarding his
10        or her health plan, coverage, or a determination under
11        that plan or coverage.
12            (E) Refer individuals with a grievance, complaint,
13        or question regarding a plan, a plan's coverage, or a
14        determination under a plan's coverage to a customer
15        relations unit established by the Exchange.
16            (F) Provide information in a manner that is
17        culturally and linguistically appropriate to the needs
18        of the population being served by the Exchange.
19        (15) Establish the Small Business Health Options
20    Program, separate from the activities of the Board related
21    to the individual market, to assist qualified small
22    employers in facilitating the enrollment of their
23    employees in qualified health plans offered through the
24    Exchange in the small employer market in a manner
25    consistent with paragraph (2) of subdivision (a) of Section
26    1312 of the Federal Act. The Illinois Health Benefits

 

 

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1    Exchange shall meet the core functions identified by
2    Section 1311 of the Patient Protection and Affordable Care
3    Act and subsequent federal guidance and regulations.
4    (b) The In order to meet the deadline of October 1, 2013
5established by federal law to have operational a State
6exchange, the Department of Insurance and the Commission on
7Government Forecasting and Accountability is authorized to
8apply for, accept, receive, and use as appropriate for and on
9behalf of the State any grant money provided by the federal
10government and to share federal grant funding with, give
11support to, and coordinate with other agencies of the State and
12federal government or third parties as determined by the
13Governor, until the Board has the ability to do so, at which
14time the Board is authorized to apply for, accept, receive, and
15use as appropriate for and on behalf of the State any grant
16money provided by the federal government and to share federal
17grant funding with, give support to, and coordinate with other
18agencies of the State and federal government or third parties
19pursuant to Section 5-11 of this Law.
20(Source: P.A. 97-142, eff. 7-14-11; 98-756, eff. 7-16-14.)
 
21    (215 ILCS 122/5-11 new)
22    Sec. 5-11. Exchange powers and authorities. In addition to
23powers set forth elsewhere in this Law, the Board is authorized
24to do the following:
25        (1) Have perpetual successions as a political

 

 

09800SB0636ham005- 66 -LRB098 04421 RPS 62520 a

1    subdivision, body politic and corporate, and adopt bylaws,
2    rules, and regulations to carry out the provisions of this
3    Law.
4        (2) Adopt an official seal and alter the same at
5    pleasure.
6        (3) Maintain an office in the State at such place or
7    places as it may designate.
8        (4) Acquire, lease, purchase, own, manage, hold, and
9    dispose of real and personal property.
10        (5) Apply for, accept, and spend, as appropriate, any
11    federal or State grant money made available through or
12    pursuant to the federal Patient Protection and Affordable
13    Care Act or any other federal or State-related opportunity
14    in order to assist the Board as it implements the
15    provisions of the federal Patient Protection and
16    Affordable Care Act.
17        (6) Enter into contracts or intergovernmental
18    cooperation agreements as are necessary or proper to carry
19    out the provisions and purposes or perform any of the
20    functions described in this Law.
21        (7) Enter into commercial, banking, and financial
22    arrangements as needed to manage the day-to-day operations
23    of the Exchange.
24        (8) Take or defend any legal actions necessary to
25    effectuate the purposes of this Law.
 

 

 

09800SB0636ham005- 67 -LRB098 04421 RPS 62520 a

1    (215 ILCS 122/5-12 new)
2    Sec. 5-12. Health benefit plan certification.
3    (a) To be certified as a qualified health plan, a health
4benefit plan shall, at a minimum:
5        (1) provide the essential health benefits package
6    described in Section 1302(a) of the Federal Act; except
7    that the plan is not required to provide essential benefits
8    that duplicate the minimum benefits of qualified dental
9    plans, as provided in subsection (e) of this Section if:
10            (A) the Board, in cooperation with the Department,
11        has determined that at least one qualified dental plan
12        is available to supplement the plan's coverage; and
13            (B) the health insurance carrier makes prominent
14        disclosure at the time it offers the plan, in a form
15        approved by the Board, that the plan does not provide
16        the full range of essential pediatric dental benefits
17        and that qualified dental plans providing those
18        benefits and other dental benefits not covered by the
19        plan are offered through the Exchange;
20        (2) fulfill all premium rate and contract filing
21    requirements and ensure that no contract language has been
22    disapproved by the Director;
23        (3) provide at least the minimum level of coverage
24    prescribed by the Federal Act;
25        (4) ensure that the cost-sharing requirements of the
26    plan do not exceed the limits established under Section

 

 

09800SB0636ham005- 68 -LRB098 04421 RPS 62520 a

1    1302(c)(l) of the Federal Act, and if the plan is offered
2    through the SHOP Exchange, the plan's deductible does not
3    exceed the limits established under Section 1302(c)(2) of
4    the Federal Act;
5        (5) be offered by a health insurance carrier that:
6            (A) is authorized and in good standing to offer
7        health insurance coverage;
8            (B) offers at least one qualified health plan at
9        the silver level and at least one plan at the gold
10        level, as described in the Federal Act, through each
11        component of the Board in which the health insurance
12        carrier participates; for the purposes of this
13        subparagraph (B), "component" means the SHOP Exchange
14        and the exchange for individual coverage within the
15        American Health Benefit Exchange;
16            (C) charges the same premium rate for each
17        qualified health plan without regard to whether the
18        plan is offered through the Exchange and without regard
19        to whether the plan is offered directly from the health
20        insurance carrier or through an insurance producer;
21            (D) does not charge any cancellation fees or
22        penalties; and
23            (E) complies with the regulations established by
24        the Secretary under Section 1311 (d) of the Federal Act
25        and any other requirements of the Illinois Insurance
26        Code and the Department;

 

 

09800SB0636ham005- 69 -LRB098 04421 RPS 62520 a

1        (6) meet the requirements of certification pursuant to
2    the requirements of the Department and the Illinois
3    Insurance Code provided in this Law and the requirements
4    issued by the Secretary under Section 1311(c) of the
5    Federal Act and rules promulgated or adopted pursuant to
6    this Law or the Federal Act, which shall include:
7            (A) minimum standards in the areas of marketing
8        practices;
9            (B) network adequacy;
10            (C) essential community providers in underserved
11        areas;
12            (D) accreditation;
13            (E) quality improvement;
14            (F) uniform enrollment forms and descriptions of
15        coverage; and
16            (G) information on quality measures for health
17        benefit plan performance;
18        (7) include outpatient clinics in the health plan's
19    region that are controlled by an entity that also controls
20    a 340B eligible provider as defined by Section 340B(a)(4)
21    of the federal Public Health Service Act such that the
22    outpatient clinics are subject to the same mission,
23    policies, and medical standards related to the provision of
24    health care services as the 340B eligible provider; and
25        (8) submit a justification for any premium increase
26    prior to the implementation of the increase; the plans

 

 

09800SB0636ham005- 70 -LRB098 04421 RPS 62520 a

1    shall prominently post that information on their Internet
2    websites; the Board shall take this information, and the
3    information and the recommendations provided to the Board
4    by the Department of Insurance or the Department of Managed
5    Health Care under paragraph (1) of subdivision (b) of
6    Section 2794 of the federal Public Health Service Act, into
7    consideration when determining whether to make the health
8    plan available through the Exchange; the Board shall take
9    into account any excess of premium growth outside the
10    Exchange as compared to the rate of that growth inside the
11    Exchange, including information reported by the Department
12    of Insurance and the Department of Managed Health Care.
13    (b) The Department shall require each health insurance
14carrier seeking certification of a plan as a qualified health
15plan to:
16        (1) make available to the public, in plain language as
17    defined in Section 1311(e)(3)(B) of the Federal Act, and
18    submit to the Board, the Secretary, and the Department
19    accurate and timely disclosure of the following:
20                (i) claims payment policies and practices;
21                (ii) periodic financial disclosures;
22                (iii) data on enrollment;
23                (iv) data on disenrollment;
24                (v) data on the number of claims that are
25            denied;
26                (vi) data on rating practices;

 

 

09800SB0636ham005- 71 -LRB098 04421 RPS 62520 a

1                (vii) information on cost-sharing and payments
2            with respect to any out-of-network coverage;
3                (viii) information on enrollee and participant
4            rights under Title I of the Federal Act; and
5                (ix) other information as determined
6            appropriate by the Secretary, including, but not
7            limited to, accredited clinical quality measures;
8            and
9        (2) permit individuals to learn, in a timely manner
10    upon the request of the individual, the comparative quality
11    standards of the plans along established clinical
12    data-based standards and the amount of cost-sharing,
13    including deductibles, copayments, and coinsurance, under
14    the individual's plan or coverage that the individual would
15    be responsible for paying with respect to the furnishing of
16    a specific item or service by a participating provider and
17    make this information available to the individual through
18    an Internet website that is publicly accessible and through
19    other means for individuals without access to the Internet.
20    (c) The Department shall not exempt any health insurance
21carrier seeking certification as a qualified health plan,
22regardless of the type or size of the health insurance carrier,
23from licensure or solvency requirements and shall apply the
24criteria of this Section in a manner that ensures a level
25playing field between or among health insurance carriers
26participating in the Exchange.

 

 

09800SB0636ham005- 72 -LRB098 04421 RPS 62520 a

1    (d) The provisions of this Law that are applicable to
2qualified health plans shall also apply, to the extent
3relevant, to qualified dental plans, except as modified in
4accordance with the provisions of paragraphs (1), (2), and (3)
5of this subsection (d) or by rules adopted by the Board.
6        (1) The health insurance carrier shall be licensed to
7    offer dental coverage, but need not be licensed to offer
8    other health benefits.
9        (2) The plan shall be limited to dental and oral health
10    benefits, without substantially duplicating the benefits
11    typically offered by health benefit plans without dental
12    coverage and shall include, at a minimum, the essential
13    pediatric dental benefits prescribed by the Secretary
14    pursuant to Section 1302(b)(l)(J) of the Federal Act and
15    such other dental benefits as the Board or the Secretary
16    may specify by rule.
17        (3) Health insurance carriers may jointly offer a
18    comprehensive plan through the Exchange in which the dental
19    benefits are provided by a health insurance carrier through
20    a qualified dental plan and the other benefits are provided
21    by a health insurance carrier through a qualified health
22    plan, provided that the plans are priced separately and are
23    also made available for purchase separately at the same
24    price.
 
25    (215 ILCS 122/5-15)

 

 

09800SB0636ham005- 73 -LRB098 04421 RPS 62520 a

1    Sec. 5-15. Illinois Health Benefits Exchange Legislative
2Oversight Study Committee.
3    (a) There is created an Illinois Health Benefits Exchange
4Legislative Oversight Study Committee within the Commission on
5Government Forecasting and Accountability to provide
6accountability for conduct a study regarding State
7implementation and establishment of the Illinois Health
8Benefits Exchange and to ensure Exchange operations and
9functions align with the goals and duties outlined by this Law.
10The Committee shall also be responsible for providing policy
11recommendations to ensure the Exchange aligns with the Federal
12Act, amendments to the Federal Act, and regulations promulgated
13pursuant to the Federal Act.
14    (b) Members of the Legislative Oversight Study Committee
15shall be appointed as follows: 3 members of the Senate shall be
16appointed by the President of the Senate; 3 members of the
17Senate shall be appointed by the Minority Leader of the Senate;
183 members of the House of Representatives shall be appointed by
19the Speaker of the House of Representatives; and 3 members of
20the House of Representatives shall be appointed by the Minority
21Leader of the House of Representatives. Each legislative leader
22shall select one member to serve as co-chair of the committee.
23    (c) Members of the Legislative Oversight Study Committee
24shall be appointed within 30 days after the effective date of
25this Law. The co-chairs shall convene the first meeting of the
26committee no later than 45 days after the effective date of

 

 

09800SB0636ham005- 74 -LRB098 04421 RPS 62520 a

1this Law.
2(Source: P.A. 97-142, eff. 7-14-11.)
 
3    (215 ILCS 122/5-16 new)
4    Sec. 5-16. Exchange governance. The governing and
5administrative powers of the Exchange shall be vested in a body
6known as the Illinois Health Benefits Exchange Board. The
7following provisions shall apply:
8        (1) The Board shall consist of 13 voting members
9    appointed by the Governor with the advice and consent of a
10    majority of the members elected to the Senate. In addition,
11    the Director of Insurance, the Director of Public Health,
12    the Secretary of Human Services, the Director of Healthcare
13    and Family Services, and the Executive Director of the
14    Exchange shall serve as non-voting, ex officio members of
15    the Board. The Governor shall also appoint as non-voting,
16    ex officio members one economist with experience in the
17    health care markets and one educated health care consumer
18    advocate. All Board members shall be appointed no later
19    than July 1, 2015.
20        (2) The Governor shall make the appointments so as to
21    reflect no less than proportional representation of the
22    geographic, gender, cultural, racial, and ethnic
23    composition of this State and in accordance with
24    subparagraphs (A), (B), and (C) of this paragraph, as
25    follows:

 

 

09800SB0636ham005- 75 -LRB098 04421 RPS 62520 a

1            (A) No more than 4 voting members may represent the
2        following interests, of which no more than 2 may
3        represent any one interest:
4                (1) the insurance industry;
5                (2) health care administrators; and
6                (3) licensed health care professionals.
7            (B) At least 9 voting members shall represent the
8        following interest groups, with each interest group
9        represented by at least one voting member:
10                (1) a labor interest group;
11                (2) a women's interest group;
12                (3) a minorities' interest group;
13                (4) a disabled persons' interest group;
14                (5) a small business interest group;
15                (6) a public health interest group;
16                (7) hospitals; and
17                (8) essential community hospital providers.
18            (C) Each person appointed to the Board should have
19        demonstrated experience in at least one of the
20        following areas:
21                (1) individual health insurance coverage;
22                (2) small employer health insurance;
23                (3) health benefits administration;
24                (4) health care finance;
25                (5) administration of a public or private
26            health care delivery system;

 

 

09800SB0636ham005- 76 -LRB098 04421 RPS 62520 a

1                (6) the provision of health care services;
2                (7) the purchase of health insurance coverage;
3                (8) health care consumer navigation or
4        assistance;
5                (9) health care economics or health care
6        actuarial sciences;
7                (10) information technology; or
8                (11) operating a small business with 50 or
9        fewer employees.
10        (3) The Board shall elect one voting member of the
11    Board to serve as chairperson and one voting member to
12    serve as vice-chairperson, upon approval of a majority of
13    the Board.
14        (4) The Exchange shall be administered by an Executive
15    Director, who shall be appointed, and may be removed, by a
16    majority of the Board. The Board shall have the power to
17    determine compensation for the Executive Director. The
18    Executive Director shall be responsible for the selection
19    of such other staff and the determination of compensation
20    as may be authorized by the Board's operating budget.
21        (5) The terms of the non-voting, ex officio members of
22    the Board shall run concurrent with their terms of
23    appointment to office, or in the case of the Executive
24    Director, his or her term of appointment to that position,
25    subject to the determination of the Board. The terms of the
26    members, including those non-voting, ex officio members

 

 

09800SB0636ham005- 77 -LRB098 04421 RPS 62520 a

1    appointed by the Governor, shall be 4 years. Upon
2    conclusion of the initial term, the next term and every
3    term subsequent to it shall run for 3 years. Voting members
4    shall serve no more than 3 consecutive terms.
5        A person appointed to fill a vacancy and complete the
6    unexpired term of a member of the Board shall only be
7    appointed to serve out the unexpired term by the individual
8    who made the original appointment within 45 days after the
9    initial vacancy. A person appointed to fill a vacancy and
10    complete the unexpired term of a member of the Board may be
11    re-appointed to the Board for another term, but shall not
12    serve than more than 2 consecutive terms following their
13    completion of the unexpired term of a member of the Board.
14        If a voting Board member's qualifications change due to
15    a change in employment during the term of their
16    appointment, then the Board member shall resign their
17    position, subject to reappointment by the individual who
18    made the original appointment.
19        (6) The Board shall create and appoint qualified
20    persons with requisite expertise to Exchange regional
21    advisory groups. Members of the regional advisory groups
22    shall serve without pay. These Exchange regional advisory
23    groups shall meet in a manner and frequency determined by
24    the Board to discuss exchange-related issues and to provide
25    exchange-related guidance, advice, and recommendations to
26    the Board. There shall be 13 regional advisory groups

 

 

09800SB0636ham005- 78 -LRB098 04421 RPS 62520 a

1    representing each of the qualified health plan rating areas
2    designated by the Department. Each regional advisory group
3    shall, at a minimum, include one member from each of the
4    following interest groups:
5            (A) insurers;
6            (B) business;
7            (C) consumers;
8            (D) providers;
9            (E) insurance producers;
10            (F) navigators; and
11            (G) dentists.
12        (7) The Board shall meet no less than quarterly on a
13    schedule established by the chairperson. Meetings shall be
14    public and public records shall be maintained, subject to
15    the Open Meetings Act. A majority of the Board shall
16    constitute a quorum and the affirmative vote of a majority
17    is necessary for any action of the Board. No vacancy shall
18    impair the ability of the Board to act provided a quorum is
19    reached. Members shall serve without pay, but shall be
20    reimbursed for their actual and reasonable expenses
21    incurred in the performance of their duties. The
22    chairperson of the Board shall file a written report
23    regarding the activities of the Board and the Exchange to
24    the Governor and General Assembly annually, and the
25    Legislative Oversight Committee established in Section
26    5-15 quarterly, beginning on January 1, 2016 through

 

 

09800SB0636ham005- 79 -LRB098 04421 RPS 62520 a

1    December 31, 2017.
2        (8) The Board shall adopt conflict of interest rules
3    and recusal procedures. Such rules and procedures shall (i)
4    prohibit a member of the Board from performing an official
5    act that may have a direct economic benefit on a business
6    or other endeavor in which that member has a direct or
7    substantial financial interest and (ii) require a member of
8    the Board to recuse himself or herself from an official
9    matter, whether direct or indirect. All recusals must be in
10    writing and specify the reason and date of the recusal. All
11    recusals shall be maintained by the Executive Director and
12    shall be disclosed to any person upon written request.
13        Within 6 months after the Board is convened, the Board
14    shall adopt rules that regulate, in a manner no less
15    restrictive than Sections 5-15 and 5-45 and Article 10 of
16    the State Officials and Employees Ethics Act, (i) the
17    political activities of Board members and employees of the
18    Exchange, (ii) the soliciting and accepting of gifts by,
19    and the offering and making of gifts to, Board members and
20    employees of the Exchange, and (iii) the future employment
21    of Board members and employees of the Exchange with
22    entities that they regulated or conducted business with
23    preceding the termination of their board membership or
24    employment with the Exchange.
25        (9) The Board shall develop a budget, to be submitted
26    to the General Assembly by August 15, 2015, by March 15,

 

 

09800SB0636ham005- 80 -LRB098 04421 RPS 62520 a

1    2017, and by March 15 every year thereafter, for the
2    implementation and operation of the Exchange for operating
3    expenses, including, but not limited to:
4            (A) proposed compensation levels for the Executive
5        Director and shall identify personnel and staffing
6        needs for the implementation and operation of the
7        Exchange;
8            (B) disclosure of funds received or expected to be
9        received from the federal government for the
10        infrastructure and systems of the Exchange and those
11        funds received or expected to be received for program
12        administration and operations;
13            (C) delineation of those functions of the Exchange
14        that are to be paid by State and federal programs that
15        are allocable to the State's General Revenue Fund; and
16            (D) insurer assessments.
17        (10) The Board shall, in consultation with the Health
18    Benefits Exchange Legislative Oversight Committee, produce
19    a cost-benefit analysis of the State's essential health
20    benefits no later than August 1, 2016 for the purposes of
21    informing the U.S. Department of Health and Human Services
22    in their re-evaluation of the essential health benefits for
23    plan years 2017 and beyond.
24        (11) Except as otherwise expressly provided by law,
25    employees of the Exchange and members of the Board shall
26    not be considered State employees.

 

 

09800SB0636ham005- 81 -LRB098 04421 RPS 62520 a

1        (12) The purpose of the Board shall be to implement the
2    Exchange in accordance with this Law.
 
3    (215 ILCS 122/5-17 new)
4    Sec. 5-17. Insurer's assessment. A participating insurer
5shall be assessed a monthly fee for each plan it offers through
6the Exchange in an amount equal to the product of the rate
7established annually by the Board in accordance with this
8Section for the applicable benefit year and the monthly premium
9charged by the insurer prior to application of any premium
10assistance, including, but not limited to, premium tax credits,
11for each policy under the plan where enrollment is through the
12Exchange. No participating insurer shall be assessed while
13assessments are being made pursuant to Section 12 of the
14Comprehensive Health Insurance Plan Act. The Board may exempt
15those insurers whose total assessment would be so minimal as to
16not exceed the estimated cost of levying the assessment.
17    The total amount assessed on all participating insurers
18shall not exceed an amount that is reasonably necessary to
19support the operation and administration of the Exchange and
20the related functions of the Department for carrying out the
21purposes authorized in this Law. The assessment rate
22established by the Board shall not exceed the lesser of 3.5% or
23the rate established by the United States Department of Health
24and Human Services pursuant to 45 CFR 156.50(c) for insurers
25offering plans through the federal facilitated exchange. In

 

 

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1establishing the assessment, the Board shall take into
2consideration any unspent federal funds remaining and shall
3reduce the assessment accordingly.
4    The assessed fee shall be remitted to the Board within 30
5days after the end of the month in which the fee was assessed.
6When a carrier fails to pay the full amount of any assessment
7of $100 or more due under this Section there shall be added to
8the amount due as a penalty the greater of $50 or an amount
9equal to 5% of the deficiency for each month or part of a month
10that the deficiency remains unpaid. All moneys collected by the
11Board shall be placed in the Illinois Health Benefits Exchange
12Fund.
13    The Board shall prepare annually a complete and detailed
14written report accounting for all funds received and dispensed
15during the preceding fiscal year.
16    Assessments or fees charged to carriers under this Law
17shall not include any amount based on coverage, or premiums
18associated with such coverage, that is defined as an excepted
19benefit under Section 2791(c) of the federal Public Health
20Service Act (42 U.S.C. 300gg-91).
 
21    (215 ILCS 122/5-18 new)
22    Sec. 5-18. Illinois Health Benefits Exchange Fund. There
23is hereby created as a fund outside of the State treasury the
24Illinois Health Benefits Exchange Fund to be used exclusively
25by the Exchange and the Department to provide funding for the

 

 

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1operation and administration of the Exchange and for carrying
2out the purposes authorized in this Law. The Fund shall consist
3of the following:
4        (1) any user fees or other assessment collected by the
5    Exchange, as authorized by this Law;
6        (2) income from investments made on behalf of the Fund;
7        (3) interest on deposits or investments of money in the
8    Fund;
9        (4) money collected by the Board as a result of legal
10    or other action taken by the Board on behalf of the
11    Exchange or the Fund;
12        (5) money donated to the Fund;
13        (6) money awarded to the Fund through grants; and
14        (7) any other money from any other source accepted for
15    the benefit of the Fund.
16    Any investment earnings of the Fund shall be credited to
17the Fund. No part of the Fund may revert or be credited to the
18General Revenue Fund or any special fund in the State Treasury.
19A debt or an obligation of the Fund is not a debt of the State
20or a pledge of credit of the State.
 
21    (215 ILCS 122/5-23 new)
22    Sec. 5-23. Examination or investigation of the Exchange.
23The Director shall have the ability to examine or investigate
24the Exchange pursuant to his or her authority under Article
25XXIV of the Illinois Insurance Code.
 

 

 

09800SB0636ham005- 84 -LRB098 04421 RPS 62520 a

1    Section 99. Effective date. This Act takes effect June 1,
22015.".