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| Public Act 102-0630 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Consumer Coverage Disclosure Act. | ||||
Section 5. Definitions. As used in this Act: | ||||
"Employee" means any individual permitted to work by an | ||||
employer. | ||||
"Employer" means an individual, partnership, corporation, | ||||
association, business, trust, person, or entity for whom | ||||
employees are gainfully employed in Illinois and includes the | ||||
State of Illinois, any State officer, department or agency, | ||||
any unit of local government, and any school district. | ||||
Section 10. Required disclosures. | ||||
(a) An employer that provides group health insurance | ||||
coverage to its employees shall, upon hire, annually | ||||
thereafter, and upon request from an employee, provide all | ||||
employees eligible for the coverage a written list of the | ||||
covered benefits included in the group health insurance | ||||
coverage in a format that easily compares those covered | ||||
benefits with the essential health insurance benefits required | ||||
of individual health insurance coverage regulated by the State | ||||
of Illinois. | ||
(b) The Department of Insurance shall provide information | ||
outlining the essential health insurance benefits of | ||
individual health insurance coverage regulated by the State of | ||
Illinois, which an employer may use to inform eligible | ||
employees of benefits included or not included in their health | ||
insurance coverage. | ||
(c) An employer may comply with the requirements of | ||
subsection (a) by providing the required information by email | ||
to its employees or providing the information on a website | ||
that an employee is able to regularly access. | ||
Section 15. Enforcement. It is the duty of the Department | ||
of Labor to enforce the provisions of this Act. | ||
The Department of Labor has the power to conduct | ||
inspections in connection with the administration and | ||
enforcement of this Act. Upon request of the Department of | ||
Labor, the employer shall demonstrate that each employee | ||
received the information required by Section 10 and maintain | ||
records of providing such information for one year. Upon | ||
finding of a violation, the Department of Labor shall issue a | ||
notice to show cause giving the employer 30 days to comply. | ||
If the employer does not comply within 30 days, the | ||
Department may impose a penalty as provided for in this Act. | ||
The Department shall conduct hearings in accordance with the | ||
Illinois Administrative Procedure Act upon written complaint | ||
of a violation of the Act made by an investigator of the | ||
Department or any interested person. After the hearing, if | ||
supported by the evidence, the Department may determine the | ||
amount of any civil penalty allowed by the Act. | ||
Section 20. Review under Administrative Review Law. Any | ||
party to a proceeding under this Act may apply for and obtain | ||
judicial review of an order of the Department entered under | ||
this Act in accordance with the provisions of the | ||
Administrative Review Law, and the Department in proceedings | ||
under the Act may obtain an order from the court for the | ||
enforcement of its order. | ||
Section 25. Penalties. | ||
(a) The Department may impose civil penalties as follows: | ||
(1) For an employer with fewer than 4 employees: a | ||
penalty not to exceed $500 for a first offense; a penalty | ||
not to exceed $1,000 for a second offense; and a penalty | ||
not to exceed $3,000 for a third or subsequent offense. | ||
(2) For an employer with 4 or more employees: a | ||
penalty not to exceed $1,000 for a first offense; a | ||
penalty not to exceed $3,000 for a second offense; and a | ||
penalty not to exceed $5,000 for a third or subsequent | ||
offense. | ||
(b) The appropriateness of the penalty to the size of the | ||
employer, the good faith efforts made by the employer to | ||
comply, and the gravity of the violation shall be considered | ||
in determining the amount of the civil penalty. | ||
(c) The amount of the penalty, when finally determined, | ||
may be recovered in a civil action brought by the Director of | ||
Labor in any circuit court. In this litigation, the Director | ||
of Labor shall be represented by the Attorney General. | ||
(d) Any administrative determination by the Department as | ||
to the amount of each penalty shall be final unless reviewed as | ||
provided in Section 20 of this Act.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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