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91_HB1265ham001
LRB9101916JSsbam
1 AMENDMENT TO HOUSE BILL 1265
2 AMENDMENT NO. . Amend House Bill 1265 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Insurance Code by changing
5 Section 424."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Insurance Code is amended by
9 changing Section 424 as follows:
10 (215 ILCS 5/424) (from Ch. 73, par. 1031)
11 Sec. 424. Unfair methods of competition and unfair or
12 deceptive acts or practices defined. The following are hereby
13 defined as unfair methods of competition and unfair and
14 deceptive acts or practices in the business of insurance:
15 (1) The commission by any person of any one or more of
16 the acts defined or prohibited by Sections 134, 147, 148,
17 149, 151, 155.22, 155.22a, 236, 237, 364 and 469 of this
18 Code.
19 (2) Entering into any agreement to commit, or by any
20 concerted action committing, any act of boycott, coercion or
21 intimidation resulting in or tending to result in
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1 unreasonable restraint of, or monopoly in, the business of
2 insurance. "Unreasonable restraint" includes, but is not
3 limited to, any formal or informal policy that requires or
4 results in a licensed health care professional agreeing to
5 participate in all health care or managed care plans or
6 accident and health policies operated by the insurance
7 company in order to participate in one or more plans or
8 policies operated by the insurance company. Licensed health
9 care professionals shall be free to choose the plans or
10 policies in which to participate, and the choice shall not be
11 the ground for denying participation in any chosen plan or
12 policy. If an agreement is signed by an authorized
13 representative of a group of health care professionals, then
14 the agreement shall apply to all members of the group unless
15 stated otherwise in the agreement. A licensed insurance
16 company that violates this subsection engages in unlawful
17 tying practices that are unfair methods of competition and
18 unfair and deceptive acts or practices.
19 (3) Making or permitting, in the case of insurance of
20 the types enumerated in Classes 2 and 3 of Section 4, any
21 unfair discrimination between individuals or risks of the
22 same class or of essentially the same hazard and expense
23 element because of the race, color, religion or national
24 origin of such insurance risks or applicants.
25 (4) Engaging in any of the acts or practices defined in
26 or prohibited by Sections 154.5 through 154.8 of the this
27 Insurance Code.
28 (5) Making or charging any rate for insurance against
29 losses arising from the use or ownership of a motor vehicle
30 which requires a higher premium of any person by reason of
31 his physical handicap, race, color, religion or national
32 origin.
33 (Source: P.A. 90-245, eff. 1-1-98.)
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1 Section 99. Effective date. This Act takes effect July
2 1, 1999.".
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