HB4493 EnrolledLRB102 22845 BMS 31996 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Motor Vehicle Theft Prevention and
5Insurance Verification Act is amended by changing Sections 8.5
6and 8.6 as follows:
 
7    (20 ILCS 4005/8.5)
8    (Section scheduled to be repealed on January 1, 2025)
9    Sec. 8.5. State Police Motor Vehicle Theft Prevention
10Trust Fund. The State Police Motor Vehicle Theft Prevention
11Trust Fund is created as a trust fund in the State treasury.
12The State Treasurer shall be the custodian of the Trust Fund.
13The State Police Motor Vehicle Theft Prevention Trust Fund is
14established to receive funds from the Illinois Motor Vehicle
15Theft Prevention and Insurance Verification Council. All
16interest earned from the investment or deposit of moneys
17accumulated in the Trust Fund shall be deposited into the
18Trust Fund. Moneys in the Trust Fund shall be used by the
19Illinois State Police for motor vehicle theft prevention
20purposes.
21(Source: P.A. 102-538, eff. 8-20-21.)
 
22    (20 ILCS 4005/8.6)

 

 

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1    Sec. 8.6. State Police Training and Academy Fund; Law
2Enforcement Training Fund. Before April 1 of each year, each
3insurer engaged in writing private passenger motor vehicle
4insurance coverage that is included in Class 2 and Class 3 of
5Section 4 of the Illinois Insurance Code, as a condition of its
6authority to transact business in this State, may collect and
7shall pay shall collect and remit to the Department of
8Insurance an amount equal to $4, or a lesser amount determined
9by the Illinois Law Enforcement Training Board by rule,
10multiplied by the insurer's total earned car years of private
11passenger motor vehicle insurance policies providing physical
12damage insurance coverage written in this State during the
13preceding calendar year. Of the amounts collected under this
14Section, the Department of Insurance shall deposit 10% into
15the State Police Training and Academy Fund and 90% into the Law
16Enforcement Training Fund.
17(Source: P.A. 102-16, eff. 6-17-21.)
 
18    Section 10. The Illinois Insurance Code is amended by
19changing Sections 35B-30, 143, 143a, 229.4a, 353a, 355a, 408,
20412, and 416 and by adding Section 355c as follows:
 
21    (215 ILCS 5/35B-30)
22    Sec. 35B-30. Certificate of division.
23    (a) After a plan of division has been adopted and
24approved, an officer or duly authorized representative of the

 

 

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1dividing company shall sign a certificate of division.
2    (b) The certificate of division shall set forth:
3        (1) the name of the dividing company;
4        (2) a statement disclosing whether the dividing
5    company will survive the division;
6        (3) the name of each new company that will be created
7    by the division;
8        (4) the kinds of insurance business enumerated in
9    Section 4 that the new company will be authorized to
10    conduct;
11        (5) the date that the division is to be effective,
12    which shall not be more than 90 days after the dividing
13    company has filed the certificate of division with the
14    recorder, with a concurrent copy to the Director;
15        (6) a statement that the division was approved by the
16    Director in accordance with Section 35B-25;
17        (7) (6) a statement that the dividing company
18    provided, no later than 10 business days after the
19    dividing company filed the plan of division with the
20    Director, reasonable notice to each reinsurer that is
21    party to a reinsurance contract that is applicable to the
22    policies included in the plan of division;
23        (8) (7) if the dividing company will survive the
24    division, an amendment to its articles of incorporation or
25    bylaws approved as part of the plan of division;
26        (9) (8) for each new company created by the division,

 

 

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1    its articles of incorporation and bylaws, provided that
2    the articles of incorporation and bylaws need not state
3    the name or address of an incorporator; and
4        (10) (9) a reasonable description of the capital,
5    surplus, other assets and liabilities, including policy
6    liabilities, of the dividing company that are to be
7    allocated to each resulting company.
8    (c) The articles of incorporation and bylaws of each new
9company must satisfy the requirements of the laws of this
10State, provided that the documents need not be signed or
11include a provision that need not be included in a restatement
12of the document.
13    (d) A certificate of division is effective when filed with
14the recorder, with a concurrent copy to the Director, as
15provided in this Section or on another date specified in the
16plan of division, whichever is later, provided that a
17certificate of division shall become effective not more than
1890 days after it is filed with the recorder. A division is
19effective when the relevant certificate of division is
20effective.
21(Source: P.A. 100-1118, eff. 11-27-18.)
 
22    (215 ILCS 5/143)  (from Ch. 73, par. 755)
23    Sec. 143. Policy forms.
24    (1) Life, accident and health. No company transacting the
25kind or kinds of business enumerated in Classes 1 (a), 1 (b)

 

 

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1and 2 (a) of Section 4 shall issue or deliver in this State a
2policy or certificate of insurance or evidence of coverage,
3attach an endorsement or rider thereto, incorporate by
4reference bylaws or other matter therein or use an application
5blank in this State until the form and content of such policy,
6certificate, evidence of coverage, endorsement, rider, bylaw
7or other matter incorporated by reference or application blank
8has been filed electronically with the Director, either
9through the System for Electronic Rate and Form Filing (SERFF)
10or as otherwise prescribed by the Director, and approved by
11the Director. Any such endorsement or rider that unilaterally
12reduces benefits and is to be attached to a policy subsequent
13to the date the policy is issued must be filed with, reviewed,
14and formally approved by the Director prior to the date it is
15attached to a policy issued or delivered in this State. It
16shall be the duty of the Director to disapprove or withdraw
17withhold approval of any such policy, certificate,
18endorsement, rider, bylaw or other matter incorporated by
19reference or application blank filed with him if it contains
20deficiencies, provisions which encourage misrepresentation or
21are unjust, unfair, inequitable, ambiguous, misleading,
22inconsistent, deceptive, contrary to law or to the public
23policy of this State, or contains exceptions and conditions
24that unreasonably or deceptively affect the risk purported to
25be assumed in the general coverage of the policy. In all cases
26the Director shall approve, withdraw, or disapprove any such

 

 

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1form within 60 days after submission unless the Director
2extends by not more than an additional 30 days the period
3within which the he shall approve or disapprove any such form
4shall be approved, withdrawn, or disapproved by giving written
5notice to the insurer of such extension before expiration of
6the initial 60 days period. The Director shall withdraw his
7approval of a policy, certificate, evidence of coverage,
8endorsement, rider, bylaw, or other matter incorporated by
9reference or application blank if it is subsequently
10determined he subsequently determines that such policy,
11certificate, evidence of coverage, endorsement, rider, bylaw,
12other matter, or application blank is misrepresentative,
13unjust, unfair, inequitable, ambiguous, misleading,
14inconsistent, deceptive, contrary to law or public policy of
15this State, or contains exceptions or conditions which
16unreasonably or deceptively affect the risk purported to be
17assumed in the general coverage of the policy or evidence of
18coverage.
19    If a previously approved policy, certificate, evidence of
20coverage, endorsement, rider, bylaw or other matter
21incorporated by reference or application blank is withdrawn
22for use, the Director shall serve upon the company an order of
23withdrawal of use, either personally or by mail, and if by
24mail, such service shall be completed if such notice be
25deposited in the post office, postage prepaid, addressed to
26the company's last known address specified in the records of

 

 

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1the Department of Insurance. The order of withdrawal of use
2shall take effect 30 days from the date of mailing but shall be
3stayed if within the 30-day period a written request for
4hearing is filed with the Director. Such hearing shall be held
5at such time and place as designated in the order given by the
6Director. The hearing may be held either in the City of
7Springfield, the City of Chicago or in the county where the
8principal business address of the company is located. The
9action of the Director in disapproving or withdrawing such
10form shall be subject to judicial review under the
11Administrative Review Law.
12    This subsection shall not apply to riders or endorsements
13issued or made at the request of the individual policyholder
14relating to the manner of distribution of benefits or to the
15reservation of rights and benefits under his life insurance
16policy.
17    (2) Casualty, fire, and marine. The Director shall require
18the filing of all policy forms issued or delivered by any
19company transacting the kind or kinds of business enumerated
20in Classes 2 (except Class 2 (a)) and 3 of Section 4 in an
21electronic format either through the System for Electronic
22Rate and Form Filing (SERFF) or as otherwise prescribed and
23approved by the Director. In addition, he may require the
24filing of any generally used riders, endorsements,
25certificates, application blanks, and other matter
26incorporated by reference in any such policy or contract of

 

 

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1insurance. Companies that are members of an organization,
2bureau, or association may have the same filed for them by the
3organization, bureau, or association. If the Director shall
4find from an examination of any such policy form, rider,
5endorsement, certificate, application blank, or other matter
6incorporated by reference in any such policy so filed that it
7(i) violates any provision of this Code, (ii) contains
8inconsistent, ambiguous, or misleading clauses, or (iii)
9contains exceptions and conditions that will unreasonably or
10deceptively affect the risks that are purported to be assumed
11by the policy, he shall order the company or companies issuing
12these forms to discontinue their use. Nothing in this
13subsection shall require a company transacting the kind or
14kinds of business enumerated in Classes 2 (except Class 2 (a))
15and 3 of Section 4 to obtain approval of these forms before
16they are issued nor in any way affect the legality of any
17policy that has been issued and found to be in conflict with
18this subsection, but such policies shall be subject to the
19provisions of Section 442.
20    (3) This Section shall not apply (i) to surety contracts
21or fidelity bonds, (ii) to policies issued to an industrial
22insured as defined in Section 121-2.08 except for workers'
23compensation policies, nor (iii) to riders or endorsements
24prepared to meet special, unusual, peculiar, or extraordinary
25conditions applying to an individual risk.
26(Source: P.A. 97-486, eff. 1-1-12; 98-226, eff. 1-1-14.)
 

 

 

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1    (215 ILCS 5/143a)  (from Ch. 73, par. 755a)
2    Sec. 143a. Uninsured and hit and run motor vehicle
3coverage.
4    (1) No policy insuring against loss resulting from
5liability imposed by law for bodily injury or death suffered
6by any person arising out of the ownership, maintenance or use
7of a motor vehicle that is designed for use on public highways
8and that is either required to be registered in this State or
9is principally garaged in this State shall be renewed,
10delivered, or issued for delivery in this State unless
11coverage is provided therein or supplemental thereto, in
12limits for bodily injury or death set forth in Section 7-203 of
13the Illinois Vehicle Code for the protection of persons
14insured thereunder who are legally entitled to recover damages
15from owners or operators of uninsured motor vehicles and
16hit-and-run motor vehicles because of bodily injury, sickness
17or disease, including death, resulting therefrom. Uninsured
18motor vehicle coverage does not apply to bodily injury,
19sickness, disease, or death resulting therefrom, of an insured
20while occupying a motor vehicle owned by, or furnished or
21available for the regular use of the insured, a resident
22spouse or resident relative, if that motor vehicle is not
23described in the policy under which a claim is made or is not a
24newly acquired or replacement motor vehicle covered under the
25terms of the policy. The limits for any coverage for any

 

 

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1vehicle under the policy may not be aggregated with the limits
2for any similar coverage, whether provided by the same insurer
3or another insurer, applying to other motor vehicles, for
4purposes of determining the total limit of insurance coverage
5available for bodily injury or death suffered by a person in
6any one accident. No policy shall be renewed, delivered, or
7issued for delivery in this State unless it is provided
8therein that any dispute with respect to the coverage and the
9amount of damages shall be submitted for arbitration to the
10American Arbitration Association and be subject to its rules
11for the conduct of arbitration hearings as to all matters
12except medical opinions. As to medical opinions, if the amount
13of damages being sought is equal to or less than the amount
14provided for in Section 7-203 of the Illinois Vehicle Code,
15then the current American Arbitration Association Rules shall
16apply. If the amount being sought in an American Arbitration
17Association case exceeds that amount as set forth in Section
187-203 of the Illinois Vehicle Code, then the Rules of Evidence
19that apply in the circuit court for placing medical opinions
20into evidence shall govern. Alternatively, disputes with
21respect to damages and the coverage shall be determined in the
22following manner: Upon the insured requesting arbitration,
23each party to the dispute shall select an arbitrator and the 2
24arbitrators so named shall select a third arbitrator. If such
25arbitrators are not selected within 45 days from such request,
26either party may request that the arbitration be submitted to

 

 

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1the American Arbitration Association. Any decision made by the
2arbitrators shall be binding for the amount of damages not
3exceeding $75,000 for bodily injury to or death of any one
4person, $150,000 for bodily injury to or death of 2 or more
5persons in any one motor vehicle accident, or the
6corresponding policy limits for bodily injury or death,
7whichever is less. All 3-person arbitration cases proceeding
8in accordance with any uninsured motorist coverage conducted
9in this State in which the claimant is only seeking monetary
10damages up to the limits set forth in Section 7-203 of the
11Illinois Vehicle Code shall be subject to the following rules:
12        (A) If at least 60 days' written notice of the
13    intention to offer the following documents in evidence is
14    given to every other party, accompanied by a copy of the
15    document, a party may offer in evidence, without
16    foundation or other proof:
17            (1) bills, records, and reports of hospitals,
18        doctors, dentists, registered nurses, licensed
19        practical nurses, physical therapists, and other
20        healthcare providers;
21            (2) bills for drugs, medical appliances, and
22        prostheses;
23            (3) property repair bills or estimates, when
24        identified and itemized setting forth the charges for
25        labor and material used or proposed for use in the
26        repair of the property;

 

 

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1            (4) a report of the rate of earnings and time lost
2        from work or lost compensation prepared by an
3        employer;
4            (5) the written opinion of an opinion witness, the
5        deposition of a witness, and the statement of a
6        witness that the witness would be allowed to express
7        if testifying in person, if the opinion or statement
8        is made by affidavit or by certification as provided
9        in Section 1-109 of the Code of Civil Procedure;
10            (6) any other document not specifically covered by
11        any of the foregoing provisions that is otherwise
12        admissible under the rules of evidence.
13        Any party receiving a notice under this paragraph (A)
14    may apply to the arbitrator or panel of arbitrators, as
15    the case may be, for the issuance of a subpoena directed to
16    the author or maker or custodian of the document that is
17    the subject of the notice, requiring the person subpoenaed
18    to produce copies of any additional documents as may be
19    related to the subject matter of the document that is the
20    subject of the notice. Any such subpoena shall be issued
21    in substantially similar form and served by notice as
22    provided by Illinois Supreme Court Rule 204(a)(4). Any
23    such subpoena shall be returnable not less than 5 days
24    before the arbitration hearing.
25        (B) Notwithstanding the provisions of Supreme Court
26    Rule 213(g), a party who proposes to use a written opinion

 

 

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1    of an expert or opinion witness or the testimony of an
2    expert or opinion witness at the hearing may do so
3    provided a written notice of that intention is given to
4    every other party not less than 60 days prior to the date
5    of hearing, accompanied by a statement containing the
6    identity of the witness, his or her qualifications, the
7    subject matter, the basis of the witness's conclusions,
8    and his or her opinion.
9        (C) Any other party may subpoena the author or maker
10    of a document admissible under this subsection, at that
11    party's expense, and examine the author or maker as if
12    under cross-examination. The provisions of Section 2-1101
13    of the Code of Civil Procedure shall be applicable to
14    arbitration hearings, and it shall be the duty of a party
15    requesting the subpoena to modify the form to show that
16    the appearance is set before an arbitration panel and to
17    give the time and place set for the hearing.
18        (D) The provisions of Section 2-1102 of the Code of
19    Civil Procedure shall be applicable to arbitration
20    hearings under this subsection.
21    (2) No policy insuring against loss resulting from
22liability imposed by law for property damage arising out of
23the ownership, maintenance, or use of a motor vehicle shall be
24renewed, delivered, or issued for delivery in this State with
25respect to any private passenger or recreational motor vehicle
26that is designed for use on public highways and that is either

 

 

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1required to be registered in this State or is principally
2garaged in this State and is not covered by collision
3insurance under the provisions of such policy, unless coverage
4is made available in the amount of the actual cash value of the
5motor vehicle described in the policy or the corresponding
6policy limit for uninsured motor vehicle property damage
7coverage, $15,000 whichever is less, subject to a maximum $250
8deductible, for the protection of persons insured thereunder
9who are legally entitled to recover damages from owners or
10operators of uninsured motor vehicles and hit-and-run motor
11vehicles because of property damage to the motor vehicle
12described in the policy.
13    There shall be no liability imposed under the uninsured
14motorist property damage coverage required by this subsection
15if the owner or operator of the at-fault uninsured motor
16vehicle or hit-and-run motor vehicle cannot be identified.
17This subsection shall not apply to any policy which does not
18provide primary motor vehicle liability insurance for
19liabilities arising from the maintenance, operation, or use of
20a specifically insured motor vehicle.
21    Each insurance company providing motor vehicle property
22damage liability insurance shall advise applicants of the
23availability of uninsured motor vehicle property damage
24coverage, the premium therefor, and provide a brief
25description of the coverage. That information need be given
26only once and shall not be required in any subsequent renewal,

 

 

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1reinstatement or reissuance, substitute, amended, replacement
2or supplementary policy. No written rejection shall be
3required, and the absence of a premium payment for uninsured
4motor vehicle property damage shall constitute conclusive
5proof that the applicant or policyholder has elected not to
6accept uninsured motorist property damage coverage.
7    An insurance company issuing uninsured motor vehicle
8property damage coverage may provide that:
9        (i) Property damage losses recoverable thereunder
10    shall be limited to damages caused by the actual physical
11    contact of an uninsured motor vehicle with the insured
12    motor vehicle.
13        (ii) There shall be no coverage for loss of use of the
14    insured motor vehicle and no coverage for loss or damage
15    to personal property located in the insured motor vehicle.
16        (iii) Any claim submitted shall include the name and
17    address of the owner of the at-fault uninsured motor
18    vehicle, or a registration number and description of the
19    vehicle, or any other available information to establish
20    that there is no applicable motor vehicle property damage
21    liability insurance.
22    Any dispute with respect to the coverage and the amount of
23damages shall be submitted for arbitration to the American
24Arbitration Association and be subject to its rules for the
25conduct of arbitration hearings or for determination in the
26following manner: Upon the insured requesting arbitration,

 

 

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1each party to the dispute shall select an arbitrator and the 2
2arbitrators so named shall select a third arbitrator. If such
3arbitrators are not selected within 45 days from such request,
4either party may request that the arbitration be submitted to
5the American Arbitration Association. Any arbitration
6proceeding under this subsection seeking recovery for property
7damages shall be subject to the following rules:
8        (A) If at least 60 days' written notice of the
9    intention to offer the following documents in evidence is
10    given to every other party, accompanied by a copy of the
11    document, a party may offer in evidence, without
12    foundation or other proof:
13            (1) property repair bills or estimates, when
14        identified and itemized setting forth the charges for
15        labor and material used or proposed for use in the
16        repair of the property;
17            (2) the written opinion of an opinion witness, the
18        deposition of a witness, and the statement of a
19        witness that the witness would be allowed to express
20        if testifying in person, if the opinion or statement
21        is made by affidavit or by certification as provided
22        in Section 1-109 of the Code of Civil Procedure;
23            (3) any other document not specifically covered by
24        any of the foregoing provisions that is otherwise
25        admissible under the rules of evidence.
26        Any party receiving a notice under this paragraph (A)

 

 

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1    may apply to the arbitrator or panel of arbitrators, as
2    the case may be, for the issuance of a subpoena directed to
3    the author or maker or custodian of the document that is
4    the subject of the notice, requiring the person subpoenaed
5    to produce copies of any additional documents as may be
6    related to the subject matter of the document that is the
7    subject of the notice. Any such subpoena shall be issued
8    in substantially similar form and served by notice as
9    provided by Illinois Supreme Court Rule 204(a)(4). Any
10    such subpoena shall be returnable not less than 5 days
11    before the arbitration hearing.
12        (B) Notwithstanding the provisions of Supreme Court
13    Rule 213(g), a party who proposes to use a written opinion
14    of an expert or opinion witness or the testimony of an
15    expert or opinion witness at the hearing may do so
16    provided a written notice of that intention is given to
17    every other party not less than 60 days prior to the date
18    of hearing, accompanied by a statement containing the
19    identity of the witness, his or her qualifications, the
20    subject matter, the basis of the witness's conclusions,
21    and his or her opinion.
22        (C) Any other party may subpoena the author or maker
23    of a document admissible under this subsection, at that
24    party's expense, and examine the author or maker as if
25    under cross-examination. The provisions of Section 2-1101
26    of the Code of Civil Procedure shall be applicable to

 

 

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1    arbitration hearings, and it shall be the duty of a party
2    requesting the subpoena to modify the form to show that
3    the appearance is set before an arbitration panel and to
4    give the time and place set for the hearing.
5        (D) The provisions of Section 2-1102 of the Code of
6    Civil Procedure shall be applicable to arbitration
7    hearings under this subsection.
8    (3) For the purpose of the coverage, the term "uninsured
9motor vehicle" includes, subject to the terms and conditions
10of the coverage, a motor vehicle where on, before or after the
11accident date the liability insurer thereof is unable to make
12payment with respect to the legal liability of its insured
13within the limits specified in the policy because of the entry
14by a court of competent jurisdiction of an order of
15rehabilitation or liquidation by reason of insolvency on or
16after the accident date. An insurer's extension of coverage,
17as provided in this subsection, shall be applicable to all
18accidents occurring after July 1, 1967 during a policy period
19in which its insured's uninsured motor vehicle coverage is in
20effect. Nothing in this Section may be construed to prevent
21any insurer from extending coverage under terms and conditions
22more favorable to its insureds than is required by this
23Section.
24    (4) In the event of payment to any person under the
25coverage required by this Section and subject to the terms and
26conditions of the coverage, the insurer making the payment

 

 

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1shall, to the extent thereof, be entitled to the proceeds of
2any settlement or judgment resulting from the exercise of any
3rights of recovery of the person against any person or
4organization legally responsible for the property damage,
5bodily injury or death for which the payment is made,
6including the proceeds recoverable from the assets of the
7insolvent insurer. With respect to payments made by reason of
8the coverage described in subsection (3), the insurer making
9such payment shall not be entitled to any right of recovery
10against the tortfeasor in excess of the proceeds recovered
11from the assets of the insolvent insurer of the tortfeasor.
12    (5) This amendatory Act of 1967 (Laws of Illinois 1967,
13page 875) shall not be construed to terminate or reduce any
14insurance coverage or any right of any party under this Code in
15effect before July 1, 1967. Public Act 86-1155 shall not be
16construed to terminate or reduce any insurance coverage or any
17right of any party under this Code in effect before its
18effective date.
19    (6) Failure of the motorist from whom the claimant is
20legally entitled to recover damages to file the appropriate
21forms with the Safety Responsibility Section of the Department
22of Transportation within 120 days of the accident date shall
23create a rebuttable presumption that the motorist was
24uninsured at the time of the injurious occurrence.
25    (7) An insurance carrier may upon good cause require the
26insured to commence a legal action against the owner or

 

 

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1operator of an uninsured motor vehicle before good faith
2negotiation with the carrier. If the action is commenced at
3the request of the insurance carrier, the carrier shall pay to
4the insured, before the action is commenced, all court costs,
5jury fees and sheriff's fees arising from the action.
6    The changes made by Public Act 90-451 apply to all
7policies of insurance amended, delivered, issued, or renewed
8on and after January 1, 1998 (the effective date of Public Act
990-451).
10    (8) The changes made by Public Act 98-927 apply to all
11policies of insurance amended, delivered, issued, or renewed
12on and after January 1, 2015 (the effective date of Public Act
1398-927).
14(Source: P.A. 98-242, eff. 1-1-14; 98-927, eff. 1-1-15;
1599-642, eff. 7-28-16.)
 
16    (215 ILCS 5/229.4a)
17    Sec. 229.4a. Standard Non-forfeiture Law for Individual
18Deferred Annuities.
19    (1) Title. This Section shall be known as the Standard
20Nonforfeiture Law for Individual Deferred Annuities.
21    (2) Applicability. This Section shall not apply to any
22reinsurance, group annuity purchased under a retirement plan
23or plan of deferred compensation established or maintained by
24an employer (including a partnership or sole proprietorship)
25or by an employee organization, or by both, other than a plan

 

 

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1providing individual retirement accounts or individual
2retirement annuities under Section 408 of the Internal Revenue
3Code, as now or hereafter amended, premium deposit fund,
4variable annuity, investment annuity, immediate annuity, any
5deferred annuity contract after annuity payments have
6commenced, or reversionary annuity, nor to any contract which
7shall be delivered outside this State through an agent or
8other representative of the company issuing the contract.
9    (3) Nonforfeiture Requirements.
10        (A) In the case of contracts issued on or after the
11    operative date of this Section as defined in subsection
12    (13), no contract of annuity, except as stated in
13    subsection (2), shall be delivered or issued for delivery
14    in this State unless it contains in substance the
15    following provisions, or corresponding provisions which in
16    the opinion of the Director of Insurance are at least as
17    favorable to the contract holder, upon cessation of
18    payment of considerations under the contract:
19            (i) That upon cessation of payment of
20        considerations under a contract, or upon the written
21        request of the contract owner, the company shall grant
22        a paid-up annuity benefit on a plan stipulated in the
23        contract of such value as is specified in subsections
24        (5), (6), (7), (8) and (10);
25            (ii) If a contract provides for a lump sum
26        settlement at maturity, or at any other time, that

 

 

HB4493 Enrolled- 22 -LRB102 22845 BMS 31996 b

1        upon surrender of the contract at or prior to the
2        commencement of any annuity payments, the company
3        shall pay in lieu of a paid-up annuity benefit a cash
4        surrender benefit of such amount as is specified in
5        subsections (5), (6), (8) and (10). The company may
6        reserve the right to defer the payment of the cash
7        surrender benefit for a period not to exceed 6 months
8        after demand therefor with surrender of the contract
9        after making written request and receiving written
10        approval of the Director. The request shall address
11        the necessity and equitability to all policyholders of
12        the deferral;
13            (iii) A statement of the mortality table, if any,
14        and interest rates used calculating any minimum
15        paid-up annuity, cash surrender, or death benefits
16        that are guaranteed under the contract, together with
17        sufficient information to determine the amounts of the
18        benefits; and
19            (iv) A statement that any paid-up annuity, cash
20        surrender or death benefits that may be available
21        under the contract are not less than the minimum
22        benefits required by any statute of the state in which
23        the contract is delivered and an explanation of the
24        manner in which the benefits are altered by the
25        existence of any additional amounts credited by the
26        company to the contract, any indebtedness to the

 

 

HB4493 Enrolled- 23 -LRB102 22845 BMS 31996 b

1        company on the contract or any prior withdrawals from
2        or partial surrenders of the contract.
3        (B) Notwithstanding the requirements of this Section,
4    a deferred annuity contract may provide that if no
5    considerations have been received under a contract for a
6    period of 2 full years and the portion of the paid-up
7    annuity benefit at maturity on the plan stipulated in the
8    contract arising from prior considerations paid would be
9    less than $20 monthly, the company may at its option
10    terminate the contract by payment in cash of the then
11    present value of the portion of the paid-up annuity
12    benefit, calculated on the basis on the mortality table,
13    if any, and interest rate specified in the contract for
14    determining the paid-up annuity benefit, and by this
15    payment shall be relieved of any further obligation under
16    the contract.
17    (4) Minimum values. The minimum values as specified in
18subsections (5), (6), (7), (8) and (10) of any paid-up
19annuity, cash surrender or death benefits available under an
20annuity contract shall be based upon minimum nonforfeiture
21amounts as defined in this subsection.
22        (A)(i) The minimum nonforfeiture amount at any time at
23    or prior to the commencement of any annuity payments shall
24    be equal to an accumulation up to such time at rates of
25    interest as indicated in subdivision (4)(B) of the net
26    considerations (as hereinafter defined) paid prior to such

 

 

HB4493 Enrolled- 24 -LRB102 22845 BMS 31996 b

1    time, decreased by the sum of paragraphs (a) through (d)
2    below:
3            (a) Any prior withdrawals from or partial
4        surrenders of the contract accumulated at rates of
5        interest as indicated in subdivision (4)(B);
6            (b) An annual contract charge of $50, accumulated
7        at rates of interest as indicated in subdivision
8        (4)(B);
9            (c) Any premium tax paid by the company for the
10        contract, accumulated at rates of interest as
11        indicated in subdivision (4)(B); and
12            (d) The amount of any indebtedness to the company
13        on the contract, including interest due and accrued.
14        (ii) The net considerations for a given contract year
15    used to define the minimum nonforfeiture amount shall be
16    an amount equal to 87.5% of the gross considerations,
17    credited to the contract during that contract year.
18        (B) The interest rate used in determining minimum
19    nonforfeiture amounts shall be an annual rate of interest
20    determined as the lesser of 3% per annum and the
21    following, which shall be specified in the contract if the
22    interest rate will be reset:
23            (i) The five-year Constant Maturity Treasury Rate
24        reported by the Federal Reserve as of a date, or
25        average over a period, rounded to the nearest 1/20th
26        of one percent, specified in the contract no longer

 

 

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1        than 15 months prior to the contract issue date or
2        redetermination date under subdivision (4)(B)(iv);
3            (ii) Reduced by 125 basis points;
4            (iii) Where the resulting interest rate is not
5        less than 0.15% 1%; and
6            (iv) The interest rate shall apply for an initial
7        period and may be redetermined for additional periods.
8        The redetermination date, basis and period, if any,
9        shall be stated in the contract. The basis is the date
10        or average over a specified period that produces the
11        value of the 5-year Constant Maturity Treasury Rate to
12        be used at each redetermination date.
13        (C) During the period or term that a contract provides
14    substantive participation in an equity indexed benefit, it
15    may increase the reduction described in subdivision
16    (4)(B)(ii) above by up to an additional 100 basis points
17    to reflect the value of the equity index benefit. The
18    present value at the contract issue date, and at each
19    redetermination date thereafter, of the additional
20    reduction shall not exceed market value of the benefit.
21    The Director may require a demonstration that the present
22    value of the additional reduction does not exceed the
23    market value of the benefit. Lacking such a demonstration
24    that is acceptable to the Director, the Director may
25    disallow or limit the additional reduction.
26        (D) The Director may adopt rules to implement the

 

 

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1    provisions of subdivision (4)(C) and to provide for
2    further adjustments to the calculation of minimum
3    nonforfeiture amounts for contracts that provide
4    substantive participation in an equity index benefit and
5    for other contracts that the Director determines
6    adjustments are justified.
7    (5) Computation of Present Value. Any paid-up annuity
8benefit available under a contract shall be such that its
9present value on the date annuity payments are to commence is
10at least equal to the minimum nonforfeiture amount on that
11date. Present value shall be computed using the mortality
12table, if any, and the interest rates specified in the
13contract for determining the minimum paid-up annuity benefits
14guaranteed in the contract.
15    (6) Calculation of Cash Surrender Value. For contracts
16that provide cash surrender benefits, the cash surrender
17benefits available prior to maturity shall not be less than
18the present value as of the date of surrender of that portion
19of the maturity value of the paid-up annuity benefit that
20would be provided under the contract at maturity arising from
21considerations paid prior to the time of cash surrender
22reduced by the amount appropriate to reflect any prior
23withdrawals from or partial surrenders of the contract, such
24present value being calculated on the basis of an interest
25rate not more than 1% higher than the interest rate specified
26in the contract for accumulating the net considerations to

 

 

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1determine maturity value, decreased by the amount of any
2indebtedness to the company on the contract, including
3interest due and accrued, and increased by any existing
4additional amounts credited by the company to the contract. In
5no event shall any cash surrender benefit be less than the
6minimum nonforfeiture amount at that time. The death benefit
7under such contracts shall be at least equal to the cash
8surrender benefit.
9    (7) Calculation of Paid-up Annuity Benefits. For contracts
10that do not provide cash surrender benefits, the present value
11of any paid-up annuity benefit available as a nonforfeiture
12option at any time prior to maturity shall not be less than the
13present value of that portion of the maturity value of the
14paid-up annuity benefit provided under the contract arising
15from considerations paid prior to the time the contract is
16surrendered in exchange for, or changed to, a deferred paid-up
17annuity, such present value being calculated for the period
18prior to the maturity date on the basis of the interest rate
19specified in the contract for accumulating the net
20considerations to determine maturity value, and increased by
21any additional amounts credited by the company to the
22contract. For contracts that do not provide any death benefits
23prior to the commencement of any annuity payments, present
24values shall be calculated on the basis of such interest rate
25and the mortality table specified in the contract for
26determining the maturity value of the paid-up annuity benefit.

 

 

HB4493 Enrolled- 28 -LRB102 22845 BMS 31996 b

1However, in no event shall the present value of a paid-up
2annuity benefit be less than the minimum nonforfeiture amount
3at that time.
4    (8) Maturity Date. For the purpose of determining the
5benefits calculated under subsections (6) and (7), in the case
6of annuity contracts under which an election may be made to
7have annuity payments commence at optional maturity dates, the
8maturity date shall be deemed to be the latest date for which
9election shall be permitted by the contract, but shall not be
10deemed to be later than the anniversary of the contract next
11following the annuitant's seventieth birthday or the tenth
12anniversary of the contract, whichever is later.
13    (9) Disclosure of Limited Death Benefits. A contract that
14does not provide cash surrender benefits or does not provide
15death benefits at least equal to the minimum nonforfeiture
16amount prior to the commencement of any annuity payments shall
17include a statement in a prominent place in the contract that
18such benefits are not provided.
19    (10) Inclusion of Lapse of Time Considerations. Any
20paid-up annuity, cash surrender or death benefits available at
21any time, other than on the contract anniversary under any
22contract with fixed scheduled considerations, shall be
23calculated with allowance for the lapse of time and the
24payment of any scheduled considerations beyond the beginning
25of the contract year in which cessation of payment of
26considerations under the contract occurs.

 

 

HB4493 Enrolled- 29 -LRB102 22845 BMS 31996 b

1    (11) Proration of Values; Additional Benefits. For a
2contract which provides, within the same contract by rider or
3supplemental contract provision, both annuity benefits and
4life insurance benefits that are in excess of the greater of
5cash surrender benefits or a return of the gross
6considerations with interest, the minimum nonforfeiture
7benefits shall be equal to the sum of the minimum
8nonforfeiture benefits for the annuity portion and the minimum
9nonforfeiture benefits, if any, for the life insurance portion
10computed as if each portion were a separate contract.
11Notwithstanding the provisions of subsections (5), (6), (7),
12(8) and (10), additional benefits payable in the event of
13total and permanent disability, as reversionary annuity or
14deferred reversionary annuity benefits, or as other policy
15benefits additional to life insurance, endowment and annuity
16benefits, and considerations for all such additional benefits,
17shall be disregarded in ascertaining the minimum nonforfeiture
18amounts, paid-up annuity, cash surrender and death benefits
19that may be required under this Section. The inclusion of such
20benefits shall not be required in any paid-up benefits, unless
21the additional benefits separately would require minimum
22nonforfeiture amounts, paid-up annuity, cash surrender and
23death benefits.
24    (12) Rules. The Director may adopt rules to implement the
25provisions of this Section.
26    (13) Effective Date. After the effective date of this

 

 

HB4493 Enrolled- 30 -LRB102 22845 BMS 31996 b

1amendatory Act of the 93rd General Assembly, a company may
2elect to apply its provisions to annuity contracts on a
3contract form-by-contract form basis before July 1, 2006. In
4all other instances, this Section shall become operative with
5respect to annuity contracts issued by the company on or after
6July 1, 2006.
7    (14) (Blank).
8(Source: P.A. 93-873, eff. 8-6-04; 94-1076, eff. 12-29-06.)
 
9    (215 ILCS 5/353a)  (from Ch. 73, par. 965a)
10    Sec. 353a. Accident and health reserves.
11    The reserves for all accident and health policies issued
12after the operative date of this section shall be computed and
13maintained on a basis which shall place an actuarially sound
14value on the liabilities under such policies. To provide a
15basis for the determination of such actuarially sound value,
16the Director from time to time shall adopt rules requiring the
17use of appropriate tables of morbidity, mortality, interest
18rates and valuation methods for such reserves for policies
19issued before January 1, 2017. For policies issued on or after
20January 1, 2017, Section 223 shall govern the basis for
21determining such actuarially sound value. In no event shall
22such reserves be less than the pro rata gross unearned premium
23reserve for such policies.
24    The company shall give the notice required in section 234
25on all non-cancellable accident and health policies.

 

 

HB4493 Enrolled- 31 -LRB102 22845 BMS 31996 b

1    After this section becomes effective, any company may file
2with the Director written notice of its election to comply
3with the provisions of this section after a specified date
4before January 1, 1967. After the filing of such notice, then
5upon such specified date (which shall be the operative date of
6this section for such company), this section shall become
7operative with respect to the accident and health policies
8thereafter issued by such company. If a company makes no such
9election, the operative date of this section for such company
10shall be January 1, 1967.
11    After this section becomes effective, any company may file
12with the Director written notice of its election to establish
13and maintain reserves upon its accident and health policies
14issued prior to the operative date of this section in
15accordance with the standards for reserves established by this
16section, and thereafter the reserve standards prescribed
17pursuant to this section shall be effective with respect to
18said accident and health policies issued prior to the
19operative date of this section.
20(Source: Laws 1965, p. 740.)
 
21    (215 ILCS 5/355a)  (from Ch. 73, par. 967a)
22    Sec. 355a. Standardization of terms and coverage.
23    (1) The purposes of this Section shall be (a) to provide
24reasonable standardization and simplification of terms and
25coverages of individual accident and health insurance policies

 

 

HB4493 Enrolled- 32 -LRB102 22845 BMS 31996 b

1to facilitate public understanding and comparisons; (b) to
2eliminate provisions contained in individual accident and
3health insurance policies which may be misleading or
4unreasonably confusing in connection either with the purchase
5of such coverages or with the settlement of claims; and (c) to
6provide for reasonable disclosure in the sale of accident and
7health coverages.
8    (2) Definitions applicable to this Section are as follows:
9        (a) "Policy" means all or any part of the forms
10    constituting the contract between the insurer and the
11    insured, including the policy, certificate, subscriber
12    contract, riders, endorsements, and the application if
13    attached, which are subject to filing with and approval by
14    the Director.
15        (b) "Service corporations" means voluntary health and
16    dental corporations organized and operating respectively
17    under the Voluntary Health Services Plans Act and the
18    Dental Service Plan Act.
19        (c) "Accident and health insurance" means insurance
20    written under Article XX of this Code, other than credit
21    accident and health insurance, and coverages provided in
22    subscriber contracts issued by service corporations. For
23    purposes of this Section such service corporations shall
24    be deemed to be insurers engaged in the business of
25    insurance.
26    (3) The Director shall issue such rules as he shall deem

 

 

HB4493 Enrolled- 33 -LRB102 22845 BMS 31996 b

1necessary or desirable to establish specific standards,
2including standards of full and fair disclosure that set forth
3the form and content and required disclosure for sale, of
4individual policies of accident and health insurance, which
5rules and regulations shall be in addition to and in
6accordance with the applicable laws of this State, and which
7may cover but shall not be limited to: (a) terms of
8renewability; (b) initial and subsequent conditions of
9eligibility; (c) non-duplication of coverage provisions; (d)
10coverage of dependents; (e) pre-existing conditions; (f)
11termination of insurance; (g) probationary periods; (h)
12limitation, exceptions, and reductions; (i) elimination
13periods; (j) requirements regarding replacements; (k)
14recurrent conditions; and (l) the definition of terms,
15including, but not limited to, the following: hospital,
16accident, sickness, injury, physician, accidental means, total
17disability, partial disability, nervous disorder, guaranteed
18renewable, and non-cancellable.
19    The Director may issue rules that specify prohibited
20policy provisions not otherwise specifically authorized by
21statute which in the opinion of the Director are unjust,
22unfair or unfairly discriminatory to the policyholder, any
23person insured under the policy, or beneficiary.
24    (4) The Director shall issue such rules as he shall deem
25necessary or desirable to establish minimum standards for
26benefits under each category of coverage in individual

 

 

HB4493 Enrolled- 34 -LRB102 22845 BMS 31996 b

1accident and health policies, other than conversion policies
2issued pursuant to a contractual conversion privilege under a
3group policy, including but not limited to the following
4categories: (a) basic hospital expense coverage; (b) basic
5medical-surgical expense coverage; (c) hospital confinement
6indemnity coverage; (d) major medical expense coverage; (e)
7disability income protection coverage; (f) accident only
8coverage; and (g) specified disease or specified accident
9coverage.
10    Nothing in this subsection (4) shall preclude the issuance
11of any policy which combines two or more of the categories of
12coverage enumerated in subparagraphs (a) through (f) of this
13subsection.
14    No policy shall be delivered or issued for delivery in
15this State which does not meet the prescribed minimum
16standards for the categories of coverage listed in this
17subsection unless the Director finds that such policy is
18necessary to meet specific needs of individuals or groups and
19such individuals or groups will be adequately informed that
20such policy does not meet the prescribed minimum standards,
21and such policy meets the requirement that the benefits
22provided therein are reasonable in relation to the premium
23charged. The standards and criteria to be used by the Director
24in approving such policies shall be included in the rules
25required under this Section with as much specificity as
26practicable.

 

 

HB4493 Enrolled- 35 -LRB102 22845 BMS 31996 b

1    The Director shall prescribe by rule the method of
2identification of policies based upon coverages provided.
3    (5) (a) In order to provide for full and fair disclosure in
4the sale of individual accident and health insurance policies,
5no such policy shall be delivered or issued for delivery in
6this State unless the outline of coverage described in
7paragraph (b) of this subsection either accompanies the
8policy, or is delivered to the applicant at the time the
9application is made, and an acknowledgment signed by the
10insured, of receipt of delivery of such outline, is provided
11to the insurer. In the event the policy is issued on a basis
12other than that applied for, the outline of coverage properly
13describing the policy must accompany the policy when it is
14delivered and such outline shall clearly state that the policy
15differs, and to what extent, from that for which application
16was originally made. All policies, except single premium
17nonrenewal policies, shall have a notice prominently printed
18on the first page of the policy or attached thereto stating in
19substance, that the policyholder shall have the right to
20return the policy within 10 days of its delivery and to have
21the premium refunded if after examination of the policy the
22policyholder is not satisfied for any reason.
23    (b) The Director shall issue such rules as he shall deem
24necessary or desirable to prescribe the format and content of
25the outline of coverage required by paragraph (a) of this
26subsection. "Format" means style, arrangement, and overall

 

 

HB4493 Enrolled- 36 -LRB102 22845 BMS 31996 b

1appearance, including such items as the size, color, and
2prominence of type and the arrangement of text and captions.
3"Content" shall include without limitation thereto, statements
4relating to the particular policy as to the applicable
5category of coverage prescribed under subsection (4);
6principal benefits; exceptions, reductions and limitations;
7and renewal provisions, including any reservation by the
8insurer of a right to change premiums. Such outline of
9coverage shall clearly state that it constitutes a summary of
10the policy issued or applied for and that the policy should be
11consulted to determine governing contractual provisions.
12    (c) (Blank). Without limiting the generality of paragraph
13(b) of this subsection (5), no qualified health plans shall be
14offered for sale directly to consumers through the health
15insurance marketplace operating in the State in accordance
16with Sections 1311 and 1321 of the federal Patient Protection
17and Affordable Care Act of 2010 (Public Law 111-148), as
18amended by the federal Health Care and Education
19Reconciliation Act of 2010 (Public Law 111-152), and any
20amendments thereto, or regulations or guidance issued
21thereunder (collectively, "the Federal Act"), unless the
22following information is made available to the consumer at the
23time he or she is comparing policies and their premiums:
24        (i) With respect to prescription drug benefits, the
25    most recently published formulary where a consumer can
26    view in one location covered prescription drugs;

 

 

HB4493 Enrolled- 37 -LRB102 22845 BMS 31996 b

1    information on tiering and the cost-sharing structure for
2    each tier; and information about how a consumer can obtain
3    specific copayment amounts or coinsurance percentages for
4    a specific qualified health plan before enrolling in that
5    plan. This information shall clearly identify the
6    qualified health plan to which it applies.
7        (ii) The most recently published provider directory
8    where a consumer can view the provider network that
9    applies to each qualified health plan and information
10    about each provider, including location, contact
11    information, specialty, medical group, if any, any
12    institutional affiliation, and whether the provider is
13    accepting new patients at each of the specific locations
14    listing the provider. Dental providers shall notify
15    qualified health plans electronically or in writing of any
16    changes to their information as listed in the provider
17    directory. Qualified health plans shall update their
18    directories in a manner consistent with the information
19    provided by the provider or dental management service
20    organization within 10 business days after being notified
21    of the change by the provider. Nothing in this paragraph
22    (ii) shall void any contractual relationship between the
23    provider and the plan. The information shall clearly
24    identify the qualified health plan to which it applies.
25    (d) (Blank). Each company that offers qualified health
26plans for sale directly to consumers through the health

 

 

HB4493 Enrolled- 38 -LRB102 22845 BMS 31996 b

1insurance marketplace operating in the State shall make the
2information in paragraph (c) of this subsection (5), for each
3qualified health plan that it offers, available and accessible
4to the general public on the company's Internet website and
5through other means for individuals without access to the
6Internet.
7    (e) (Blank). The Department shall ensure that
8State-operated Internet websites, in addition to the Internet
9website for the health insurance marketplace established in
10this State in accordance with the Federal Act, prominently
11provide links to Internet-based materials and tools to help
12consumers be informed purchasers of health insurance.
13    (f) (Blank). Nothing in this Section shall be interpreted
14or implemented in a manner not consistent with the Federal
15Act. This Section shall apply to all qualified health plans
16offered for sale directly to consumers through the health
17insurance marketplace operating in this State for any coverage
18year beginning on or after January 1, 2015.
19    (6) Prior to the issuance of rules pursuant to this
20Section, the Director shall afford the public, including the
21companies affected thereby, reasonable opportunity for
22comment. Such rulemaking is subject to the provisions of the
23Illinois Administrative Procedure Act.
24    (7) When a rule has been adopted, pursuant to this
25Section, all policies of insurance or subscriber contracts
26which are not in compliance with such rule shall, when so

 

 

HB4493 Enrolled- 39 -LRB102 22845 BMS 31996 b

1provided in such rule, be deemed to be disapproved as of a date
2specified in such rule not less than 120 days following its
3effective date, without any further or additional notice other
4than the adoption of the rule.
5    (8) When a rule adopted pursuant to this Section so
6provides, a policy of insurance or subscriber contract which
7does not comply with the rule shall, not less than 120 days
8from the effective date of such rule, be construed, and the
9insurer or service corporation shall be liable, as if the
10policy or contract did comply with the rule.
11    (9) Violation of any rule adopted pursuant to this Section
12shall be a violation of the insurance law for purposes of
13Sections 370 and 446 of this Code.
14(Source: P.A. 99-329, eff. 1-1-16; 100-201, eff. 8-18-17.)
 
15    (215 ILCS 5/355c new)
16    Sec. 355c. Availability of information on qualified health
17plans.
18    (a) Without limiting the generality of paragraph (b) of
19subsection (5) of Section 355a, no qualified health plans
20shall be offered for sale directly to consumers through the
21health insurance marketplace operating in this State in
22accordance with Sections 1311 and 1321 of the federal Patient
23Protection and Affordable Care Act of 2010 (Public Law
24111-148), as amended by the federal Health Care and Education
25Reconciliation Act of 2010 (Public Law 111-152), and any

 

 

HB4493 Enrolled- 40 -LRB102 22845 BMS 31996 b

1amendments thereto, or regulations or guidance issued
2thereunder (collectively, "the Federal Act"), unless the
3following information is made available to the consumer at the
4time he or she is comparing policies and their premiums:
5        (1) With respect to prescription drug benefits, the
6    most recently published formulary where a consumer can
7    view in one location covered prescription drugs;
8    information on tiering and the cost-sharing structure for
9    each tier; and information about how a consumer can obtain
10    specific copayment amounts or coinsurance percentages for
11    a specific qualified health plan before enrolling in that
12    plan. This information shall clearly identify the
13    qualified health plan to which it applies.
14        (2) The most recently published provider directory
15    where a consumer can view the provider network that
16    applies to each qualified health plan and information
17    about each provider, including location, contact
18    information, specialty, medical group, if any, any
19    institutional affiliation, and whether the provider is
20    accepting new patients at each of the specific locations
21    listing the provider. Dental providers shall notify
22    qualified health plans electronically or in writing of any
23    changes to their information as listed in the provider
24    directory. Qualified health plans shall update their
25    directories in a manner consistent with the information
26    provided by the provider or dental management service

 

 

HB4493 Enrolled- 41 -LRB102 22845 BMS 31996 b

1    organization within 10 business days after being notified
2    of the change by the provider. Nothing in this paragraph
3    (2) shall void any contractual relationship between the
4    provider and the plan. The information shall clearly
5    identify the qualified health plan to which it applies.
6    (b) Each company that offers qualified health plans for
7sale directly to consumers through the health insurance
8marketplace operating in this State shall make the information
9in subsection (a), for each qualified health plan that it
10offers, available and accessible to the general public on the
11company's website and through other means for individuals
12without access to the Internet.
13    (c) The Department shall ensure that State-operated
14websites, in addition to the website for the health insurance
15marketplace established in this State in accordance with the
16Federal Act, prominently provide links to Internet-based
17materials and tools to help consumers be informed purchasers
18of health insurance.
19    (d) Nothing in this Section shall be interpreted or
20implemented in a manner not consistent with the Federal Act.
21This Section shall apply to all qualified health plans offered
22for sale directly to consumers through the health insurance
23marketplace operating in this State for any coverage year
24beginning on or after January 1, 2015.
 
25    (215 ILCS 5/408)  (from Ch. 73, par. 1020)

 

 

HB4493 Enrolled- 42 -LRB102 22845 BMS 31996 b

1    Sec. 408. Fees and charges.
2    (1) The Director shall charge, collect and give proper
3acquittances for the payment of the following fees and
4charges:
5        (a) For filing all documents submitted for the
6    incorporation or organization or certification of a
7    domestic company, except for a fraternal benefit society,
8    $2,000.
9        (b) For filing all documents submitted for the
10    incorporation or organization of a fraternal benefit
11    society, $500.
12        (c) For filing amendments to articles of incorporation
13    and amendments to declaration of organization, except for
14    a fraternal benefit society, a mutual benefit association,
15    a burial society or a farm mutual, $200.
16        (d) For filing amendments to articles of incorporation
17    of a fraternal benefit society, a mutual benefit
18    association or a burial society, $100.
19        (e) For filing amendments to articles of incorporation
20    of a farm mutual, $50.
21        (f) For filing bylaws or amendments thereto, $50.
22        (g) For filing agreement of merger or consolidation:
23            (i) for a domestic company, except for a fraternal
24        benefit society, a mutual benefit association, a
25        burial society, or a farm mutual, $2,000.
26            (ii) for a foreign or alien company, except for a

 

 

HB4493 Enrolled- 43 -LRB102 22845 BMS 31996 b

1        fraternal benefit society, $600.
2            (iii) for a fraternal benefit society, a mutual
3        benefit association, a burial society, or a farm
4        mutual, $200.
5        (h) For filing agreements of reinsurance by a domestic
6    company, $200.
7        (i) For filing all documents submitted by a foreign or
8    alien company to be admitted to transact business or
9    accredited as a reinsurer in this State, except for a
10    fraternal benefit society, $5,000.
11        (j) For filing all documents submitted by a foreign or
12    alien fraternal benefit society to be admitted to transact
13    business in this State, $500.
14        (k) For filing declaration of withdrawal of a foreign
15    or alien company, $50.
16        (l) For filing annual statement by a domestic company,
17    except a fraternal benefit society, a mutual benefit
18    association, a burial society, or a farm mutual, $200.
19        (m) For filing annual statement by a domestic
20    fraternal benefit society, $100.
21        (n) For filing annual statement by a farm mutual, a
22    mutual benefit association, or a burial society, $50.
23        (o) For issuing a certificate of authority or renewal
24    thereof except to a foreign fraternal benefit society,
25    $400.
26        (p) For issuing a certificate of authority or renewal

 

 

HB4493 Enrolled- 44 -LRB102 22845 BMS 31996 b

1    thereof to a foreign fraternal benefit society, $200.
2        (q) For issuing an amended certificate of authority,
3    $50.
4        (r) For each certified copy of certificate of
5    authority, $20.
6        (s) For each certificate of deposit, or valuation, or
7    compliance or surety certificate, $20.
8        (t) For copies of papers or records per page, $1.
9        (u) For each certification to copies of papers or
10    records, $10.
11        (v) For multiple copies of documents or certificates
12    listed in subparagraphs (r), (s), and (u) of paragraph (1)
13    of this Section, $10 for the first copy of a certificate of
14    any type and $5 for each additional copy of the same
15    certificate requested at the same time, unless, pursuant
16    to paragraph (2) of this Section, the Director finds these
17    additional fees excessive.
18        (w) For issuing a permit to sell shares or increase
19    paid-up capital:
20            (i) in connection with a public stock offering,
21        $300;
22            (ii) in any other case, $100.
23        (x) For issuing any other certificate required or
24    permissible under the law, $50.
25        (y) For filing a plan of exchange of the stock of a
26    domestic stock insurance company, a plan of

 

 

HB4493 Enrolled- 45 -LRB102 22845 BMS 31996 b

1    demutualization of a domestic mutual company, or a plan of
2    reorganization under Article XII, $2,000.
3        (z) For filing a statement of acquisition of a
4    domestic company as defined in Section 131.4 of this Code,
5    $2,000.
6        (aa) For filing an agreement to purchase the business
7    of an organization authorized under the Dental Service
8    Plan Act or the Voluntary Health Services Plans Act or of a
9    health maintenance organization or a limited health
10    service organization, $2,000.
11        (bb) For filing a statement of acquisition of a
12    foreign or alien insurance company as defined in Section
13    131.12a of this Code, $1,000.
14        (cc) For filing a registration statement as required
15    in Sections 131.13 and 131.14, the notification as
16    required by Sections 131.16, 131.20a, or 141.4, or an
17    agreement or transaction required by Sections 124.2(2),
18    141, 141a, or 141.1, $200.
19        (dd) For filing an application for licensing of:
20            (i) a religious or charitable risk pooling trust
21        or a workers' compensation pool, $1,000;
22            (ii) a workers' compensation service company,
23        $500;
24            (iii) a self-insured automobile fleet, $200; or
25            (iv) a renewal of or amendment of any license
26        issued pursuant to (i), (ii), or (iii) above, $100.

 

 

HB4493 Enrolled- 46 -LRB102 22845 BMS 31996 b

1        (ee) For filing articles of incorporation for a
2    syndicate to engage in the business of insurance through
3    the Illinois Insurance Exchange, $2,000.
4        (ff) For filing amended articles of incorporation for
5    a syndicate engaged in the business of insurance through
6    the Illinois Insurance Exchange, $100.
7        (gg) For filing articles of incorporation for a
8    limited syndicate to join with other subscribers or
9    limited syndicates to do business through the Illinois
10    Insurance Exchange, $1,000.
11        (hh) For filing amended articles of incorporation for
12    a limited syndicate to do business through the Illinois
13    Insurance Exchange, $100.
14        (ii) For a permit to solicit subscriptions to a
15    syndicate or limited syndicate, $100.
16        (jj) For the filing of each form as required in
17    Section 143 of this Code, $50 per form. Informational and
18    advertising filings shall be $25 per filing. The fee for
19    advisory and rating organizations shall be $200 per form.
20            (i) For the purposes of the form filing fee,
21        filings made on insert page basis will be considered
22        one form at the time of its original submission.
23        Changes made to a form subsequent to its approval
24        shall be considered a new filing.
25            (ii) Only one fee shall be charged for a form,
26        regardless of the number of other forms or policies

 

 

HB4493 Enrolled- 47 -LRB102 22845 BMS 31996 b

1        with which it will be used.
2            (iii) Fees charged for a policy filed as it will be
3        issued regardless of the number of forms comprising
4        that policy shall not exceed $1,500. For advisory or
5        rating organizations, fees charged for a policy filed
6        as it will be issued regardless of the number of forms
7        comprising that policy shall not exceed $2,500.
8            (iv) The Director may by rule exempt forms from
9        such fees.
10        (kk) For filing an application for licensing of a
11    reinsurance intermediary, $500.
12        (ll) For filing an application for renewal of a
13    license of a reinsurance intermediary, $200.
14        (mm) For filing a plan of division of a domestic stock
15    company under Article IIB, $10,000.
16        (nn) For filing all documents submitted by a foreign
17    or alien company to be a certified reinsurer in this
18    State, except for a fraternal benefit society, $1,000.
19        (oo) For filing a renewal by a foreign or alien
20    company to be a certified reinsurer in this State, except
21    for a fraternal benefit society, $400.
22        (pp) For filing all documents submitted by a reinsurer
23    domiciled in a reciprocal jurisdiction, $1,000.
24        (qq) For filing a renewal by a reinsurer domiciled in
25    a reciprocal jurisdiction, $400.
26        (rr) For registering a captive management company or

 

 

HB4493 Enrolled- 48 -LRB102 22845 BMS 31996 b

1    renewal thereof, $50.
2    (2) When printed copies or numerous copies of the same
3paper or records are furnished or certified, the Director may
4reduce such fees for copies if he finds them excessive. He may,
5when he considers it in the public interest, furnish without
6charge to state insurance departments and persons other than
7companies, copies or certified copies of reports of
8examinations and of other papers and records.
9    (3) The expenses incurred in any performance examination
10authorized by law shall be paid by the company or person being
11examined. The charge shall be reasonably related to the cost
12of the examination including but not limited to compensation
13of examiners, electronic data processing costs, supervision
14and preparation of an examination report and lodging and
15travel expenses. All lodging and travel expenses shall be in
16accord with the applicable travel regulations as published by
17the Department of Central Management Services and approved by
18the Governor's Travel Control Board, except that out-of-state
19lodging and travel expenses related to examinations authorized
20under Section 132 shall be in accordance with travel rates
21prescribed under paragraph 301-7.2 of the Federal Travel
22Regulations, 41 C.F.R. 301-7.2, for reimbursement of
23subsistence expenses incurred during official travel. All
24lodging and travel expenses may be reimbursed directly upon
25authorization of the Director. With the exception of the
26direct reimbursements authorized by the Director, all

 

 

HB4493 Enrolled- 49 -LRB102 22845 BMS 31996 b

1performance examination charges collected by the Department
2shall be paid to the Insurance Producer Administration Fund,
3however, the electronic data processing costs incurred by the
4Department in the performance of any examination shall be
5billed directly to the company being examined for payment to
6the Technology Management Revolving Fund.
7    (4) At the time of any service of process on the Director
8as attorney for such service, the Director shall charge and
9collect the sum of $40 $20, which may be recovered as taxable
10costs by the party to the suit or action causing such service
11to be made if he prevails in such suit or action.
12    (5) (a) The costs incurred by the Department of Insurance
13in conducting any hearing authorized by law shall be assessed
14against the parties to the hearing in such proportion as the
15Director of Insurance may determine upon consideration of all
16relevant circumstances including: (1) the nature of the
17hearing; (2) whether the hearing was instigated by, or for the
18benefit of a particular party or parties; (3) whether there is
19a successful party on the merits of the proceeding; and (4) the
20relative levels of participation by the parties.
21    (b) For purposes of this subsection (5) costs incurred
22shall mean the hearing officer fees, court reporter fees, and
23travel expenses of Department of Insurance officers and
24employees; provided however, that costs incurred shall not
25include hearing officer fees or court reporter fees unless the
26Department has retained the services of independent

 

 

HB4493 Enrolled- 50 -LRB102 22845 BMS 31996 b

1contractors or outside experts to perform such functions.
2    (c) The Director shall make the assessment of costs
3incurred as part of the final order or decision arising out of
4the proceeding; provided, however, that such order or decision
5shall include findings and conclusions in support of the
6assessment of costs. This subsection (5) shall not be
7construed as permitting the payment of travel expenses unless
8calculated in accordance with the applicable travel
9regulations of the Department of Central Management Services,
10as approved by the Governor's Travel Control Board. The
11Director as part of such order or decision shall require all
12assessments for hearing officer fees and court reporter fees,
13if any, to be paid directly to the hearing officer or court
14reporter by the party(s) assessed for such costs. The
15assessments for travel expenses of Department officers and
16employees shall be reimbursable to the Director of Insurance
17for deposit to the fund out of which those expenses had been
18paid.
19    (d) The provisions of this subsection (5) shall apply in
20the case of any hearing conducted by the Director of Insurance
21not otherwise specifically provided for by law.
22    (6) The Director shall charge and collect an annual
23financial regulation fee from every domestic company for
24examination and analysis of its financial condition and to
25fund the internal costs and expenses of the Interstate
26Insurance Receivership Commission as may be allocated to the

 

 

HB4493 Enrolled- 51 -LRB102 22845 BMS 31996 b

1State of Illinois and companies doing an insurance business in
2this State pursuant to Article X of the Interstate Insurance
3Receivership Compact. The fee shall be the greater fixed
4amount based upon the combination of nationwide direct premium
5income and nationwide reinsurance assumed premium income or
6upon admitted assets calculated under this subsection as
7follows:
8        (a) Combination of nationwide direct premium income
9    and nationwide reinsurance assumed premium.
10            (i) $150, if the premium is less than $500,000 and
11        there is no reinsurance assumed premium;
12            (ii) $750, if the premium is $500,000 or more, but
13        less than $5,000,000 and there is no reinsurance
14        assumed premium; or if the premium is less than
15        $5,000,000 and the reinsurance assumed premium is less
16        than $10,000,000;
17            (iii) $3,750, if the premium is less than
18        $5,000,000 and the reinsurance assumed premium is
19        $10,000,000 or more;
20            (iv) $7,500, if the premium is $5,000,000 or more,
21        but less than $10,000,000;
22            (v) $18,000, if the premium is $10,000,000 or
23        more, but less than $25,000,000;
24            (vi) $22,500, if the premium is $25,000,000 or
25        more, but less than $50,000,000;
26            (vii) $30,000, if the premium is $50,000,000 or

 

 

HB4493 Enrolled- 52 -LRB102 22845 BMS 31996 b

1        more, but less than $100,000,000;
2            (viii) $37,500, if the premium is $100,000,000 or
3        more.
4        (b) Admitted assets.
5            (i) $150, if admitted assets are less than
6        $1,000,000;
7            (ii) $750, if admitted assets are $1,000,000 or
8        more, but less than $5,000,000;
9            (iii) $3,750, if admitted assets are $5,000,000 or
10        more, but less than $25,000,000;
11            (iv) $7,500, if admitted assets are $25,000,000 or
12        more, but less than $50,000,000;
13            (v) $18,000, if admitted assets are $50,000,000 or
14        more, but less than $100,000,000;
15            (vi) $22,500, if admitted assets are $100,000,000
16        or more, but less than $500,000,000;
17            (vii) $30,000, if admitted assets are $500,000,000
18        or more, but less than $1,000,000,000;
19            (viii) $37,500, if admitted assets are
20        $1,000,000,000 or more.
21        (c) The sum of financial regulation fees charged to
22    the domestic companies of the same affiliated group shall
23    not exceed $250,000 in the aggregate in any single year
24    and shall be billed by the Director to the member company
25    designated by the group.
26    (7) The Director shall charge and collect an annual

 

 

HB4493 Enrolled- 53 -LRB102 22845 BMS 31996 b

1financial regulation fee from every foreign or alien company,
2except fraternal benefit societies, for the examination and
3analysis of its financial condition and to fund the internal
4costs and expenses of the Interstate Insurance Receivership
5Commission as may be allocated to the State of Illinois and
6companies doing an insurance business in this State pursuant
7to Article X of the Interstate Insurance Receivership Compact.
8The fee shall be a fixed amount based upon Illinois direct
9premium income and nationwide reinsurance assumed premium
10income in accordance with the following schedule:
11        (a) $150, if the premium is less than $500,000 and
12    there is no reinsurance assumed premium;
13        (b) $750, if the premium is $500,000 or more, but less
14    than $5,000,000 and there is no reinsurance assumed
15    premium; or if the premium is less than $5,000,000 and the
16    reinsurance assumed premium is less than $10,000,000;
17        (c) $3,750, if the premium is less than $5,000,000 and
18    the reinsurance assumed premium is $10,000,000 or more;
19        (d) $7,500, if the premium is $5,000,000 or more, but
20    less than $10,000,000;
21        (e) $18,000, if the premium is $10,000,000 or more,
22    but less than $25,000,000;
23        (f) $22,500, if the premium is $25,000,000 or more,
24    but less than $50,000,000;
25        (g) $30,000, if the premium is $50,000,000 or more,
26    but less than $100,000,000;

 

 

HB4493 Enrolled- 54 -LRB102 22845 BMS 31996 b

1        (h) $37,500, if the premium is $100,000,000 or more.
2    The sum of financial regulation fees under this subsection
3(7) charged to the foreign or alien companies within the same
4affiliated group shall not exceed $250,000 in the aggregate in
5any single year and shall be billed by the Director to the
6member company designated by the group.
7    (8) Beginning January 1, 1992, the financial regulation
8fees imposed under subsections (6) and (7) of this Section
9shall be paid by each company or domestic affiliated group
10annually. After January 1, 1994, the fee shall be billed by
11Department invoice based upon the company's premium income or
12admitted assets as shown in its annual statement for the
13preceding calendar year. The invoice is due upon receipt and
14must be paid no later than June 30 of each calendar year. All
15financial regulation fees collected by the Department shall be
16paid to the Insurance Financial Regulation Fund. The
17Department may not collect financial examiner per diem charges
18from companies subject to subsections (6) and (7) of this
19Section undergoing financial examination after June 30, 1992.
20    (9) In addition to the financial regulation fee required
21by this Section, a company undergoing any financial
22examination authorized by law shall pay the following costs
23and expenses incurred by the Department: electronic data
24processing costs, the expenses authorized under Section 131.21
25and subsection (d) of Section 132.4 of this Code, and lodging
26and travel expenses.

 

 

HB4493 Enrolled- 55 -LRB102 22845 BMS 31996 b

1    Electronic data processing costs incurred by the
2Department in the performance of any examination shall be
3billed directly to the company undergoing examination for
4payment to the Technology Management Revolving Fund. Except
5for direct reimbursements authorized by the Director or direct
6payments made under Section 131.21 or subsection (d) of
7Section 132.4 of this Code, all financial regulation fees and
8all financial examination charges collected by the Department
9shall be paid to the Insurance Financial Regulation Fund.
10    All lodging and travel expenses shall be in accordance
11with applicable travel regulations published by the Department
12of Central Management Services and approved by the Governor's
13Travel Control Board, except that out-of-state lodging and
14travel expenses related to examinations authorized under
15Sections 132.1 through 132.7 shall be in accordance with
16travel rates prescribed under paragraph 301-7.2 of the Federal
17Travel Regulations, 41 C.F.R. 301-7.2, for reimbursement of
18subsistence expenses incurred during official travel. All
19lodging and travel expenses may be reimbursed directly upon
20the authorization of the Director.
21    In the case of an organization or person not subject to the
22financial regulation fee, the expenses incurred in any
23financial examination authorized by law shall be paid by the
24organization or person being examined. The charge shall be
25reasonably related to the cost of the examination including,
26but not limited to, compensation of examiners and other costs

 

 

HB4493 Enrolled- 56 -LRB102 22845 BMS 31996 b

1described in this subsection.
2    (10) Any company, person, or entity failing to make any
3payment of $150 or more as required under this Section shall be
4subject to the penalty and interest provisions provided for in
5subsections (4) and (7) of Section 412.
6    (11) Unless otherwise specified, all of the fees collected
7under this Section shall be paid into the Insurance Financial
8Regulation Fund.
9    (12) For purposes of this Section:
10        (a) "Domestic company" means a company as defined in
11    Section 2 of this Code which is incorporated or organized
12    under the laws of this State, and in addition includes a
13    not-for-profit corporation authorized under the Dental
14    Service Plan Act or the Voluntary Health Services Plans
15    Act, a health maintenance organization, and a limited
16    health service organization.
17        (b) "Foreign company" means a company as defined in
18    Section 2 of this Code which is incorporated or organized
19    under the laws of any state of the United States other than
20    this State and in addition includes a health maintenance
21    organization and a limited health service organization
22    which is incorporated or organized under the laws of any
23    state of the United States other than this State.
24        (c) "Alien company" means a company as defined in
25    Section 2 of this Code which is incorporated or organized
26    under the laws of any country other than the United

 

 

HB4493 Enrolled- 57 -LRB102 22845 BMS 31996 b

1    States.
2        (d) "Fraternal benefit society" means a corporation,
3    society, order, lodge or voluntary association as defined
4    in Section 282.1 of this Code.
5        (e) "Mutual benefit association" means a company,
6    association or corporation authorized by the Director to
7    do business in this State under the provisions of Article
8    XVIII of this Code.
9        (f) "Burial society" means a person, firm,
10    corporation, society or association of individuals
11    authorized by the Director to do business in this State
12    under the provisions of Article XIX of this Code.
13        (g) "Farm mutual" means a district, county and
14    township mutual insurance company authorized by the
15    Director to do business in this State under the provisions
16    of the Farm Mutual Insurance Company Act of 1986.
17(Source: P.A. 100-23, eff. 7-6-17.)
 
18    (215 ILCS 5/412)  (from Ch. 73, par. 1024)
19    Sec. 412. Refunds; penalties; collection.
20    (1)(a) Whenever it appears to the satisfaction of the
21Director that because of some mistake of fact, error in
22calculation, or erroneous interpretation of a statute of this
23or any other state, any authorized company, surplus line
24producer, or industrial insured has paid to him, pursuant to
25any provision of law, taxes, fees, or other charges in excess

 

 

HB4493 Enrolled- 58 -LRB102 22845 BMS 31996 b

1of the amount legally chargeable against it, during the 6 year
2period immediately preceding the discovery of such
3overpayment, he shall have power to refund to such company,
4surplus line producer, or industrial insured the amount of the
5excess or excesses by applying the amount or amounts thereof
6toward the payment of taxes, fees, or other charges already
7due, or which may thereafter become due from that company
8until such excess or excesses have been fully refunded, or
9upon a written request from the authorized company, surplus
10line producer, or industrial insured, the Director shall
11provide a cash refund within 120 days after receipt of the
12written request if all necessary information has been filed
13with the Department in order for it to perform an audit of the
14tax report for the transaction or period or annual return for
15the year in which the overpayment occurred or within 120 days
16after the date the Department receives all the necessary
17information to perform such audit. The Director shall not
18provide a cash refund if there are insufficient funds in the
19Insurance Premium Tax Refund Fund to provide a cash refund, if
20the amount of the overpayment is less than $100, or if the
21amount of the overpayment can be fully offset against the
22taxpayer's estimated liability for the year following the year
23of the cash refund request. Any cash refund shall be paid from
24the Insurance Premium Tax Refund Fund, a special fund hereby
25created in the State treasury.
26    (b) As determined by the Director pursuant to paragraph

 

 

HB4493 Enrolled- 59 -LRB102 22845 BMS 31996 b

1(a) of this subsection Beginning January 1, 2000 and
2thereafter, the Department shall deposit an amount of cash
3refunds approved by the Director for payment as a result of
4overpayment of tax liability a percentage of the amounts
5collected under Sections 121-2.08, 409, 444, and 444.1, and
6445 of this Code into the Insurance Premium Tax Refund Fund.
7The percentage deposited into the Insurance Premium Tax Refund
8Fund shall be the annual percentage. The annual percentage
9shall be calculated as a fraction, the numerator of which
10shall be the amount of cash refunds approved by the Director
11for payment and paid during the preceding calendar year as a
12result of overpayment of tax liability under Sections
13121-2.08, 409, 444, 444.1, and 445 of this Code and the
14denominator of which shall be the amounts collected pursuant
15to Sections 121-2.08, 409, 444, 444.1, and 445 of this Code
16during the preceding calendar year. However, if there were no
17cash refunds paid in a preceding calendar year, the Department
18shall deposit 5% of the amount collected in that preceding
19calendar year pursuant to Sections 121-2.08, 409, 444, 444.1,
20and 445 of this Code into the Insurance Premium Tax Refund Fund
21instead of an amount calculated by using the annual
22percentage.
23    (c) Beginning July 1, 1999, moneys in the Insurance
24Premium Tax Refund Fund shall be expended exclusively for the
25purpose of paying cash refunds resulting from overpayment of
26tax liability under Sections 121-2.08, 409, 444, 444.1, and

 

 

HB4493 Enrolled- 60 -LRB102 22845 BMS 31996 b

1445 of this Code as determined by the Director pursuant to
2subsection 1(a) of this Section. Cash refunds made in
3accordance with this Section may be made from the Insurance
4Premium Tax Refund Fund only to the extent that amounts have
5been deposited and retained in the Insurance Premium Tax
6Refund Fund.
7    (d) This Section shall constitute an irrevocable and
8continuing appropriation from the Insurance Premium Tax Refund
9Fund for the purpose of paying cash refunds pursuant to the
10provisions of this Section.
11    (2)(a) When any insurance company fails to file any tax
12return required under Sections 408.1, 409, 444, and 444.1 of
13this Code or Section 12 of the Fire Investigation Act on the
14date prescribed, including any extensions, there shall be
15added as a penalty $400 or 10% of the amount of such tax,
16whichever is greater, for each month or part of a month of
17failure to file, the entire penalty not to exceed $2,000 or 50%
18of the tax due, whichever is greater.
19    (b) When any industrial insured or surplus line producer
20fails to file any tax return or report required under Sections
21121-2.08 and 445 of this Code or Section 12 of the Fire
22Investigation Act on the date prescribed, including any
23extensions, there shall be added:
24        (i) as a late fee, if the return or report is received
25    at least one day but not more than 7 days after the
26    prescribed due date, $400 or 10% of the tax due, whichever

 

 

HB4493 Enrolled- 61 -LRB102 22845 BMS 31996 b

1    is greater, the entire fee not to exceed $1,000;
2        (ii) as a late fee, if the return or report is received
3    at least 8 days but not more than 14 days after the
4    prescribed due date, $400 or 10% of the tax due, whichever
5    is greater, the entire fee not to exceed $1,500;
6        (iii) as a late fee, if the return or report is
7    received at least 15 days but not more than 21 days after
8    the prescribed due date, $400 or 10% of the tax due,
9    whichever is greater, the entire fee not to exceed $2,000;
10    or
11        (iv) as a penalty, if the return or report is received
12    more than 21 days after the prescribed due date, $400 or
13    10% of the tax due, whichever is greater, for each month or
14    part of a month of failure to file, the entire penalty not
15    to exceed $2,000 or 50% of the tax due, whichever is
16    greater.
17    A tax return or report shall be deemed received as of the
18date mailed as evidenced by a postmark, proof of mailing on a
19recognized United States Postal Service form or a form
20acceptable to the United States Postal Service or other
21commercial mail delivery service, or other evidence acceptable
22to the Director.
23    (3)(a) When any insurance company fails to pay the full
24amount due under the provisions of this Section, Sections
25408.1, 409, 444, or 444.1 of this Code, or Section 12 of the
26Fire Investigation Act, there shall be added to the amount due

 

 

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1as a penalty an amount equal to 10% of the deficiency.
2    (a-5) When any industrial insured or surplus line producer
3fails to pay the full amount due under the provisions of this
4Section, Sections 121-2.08 or 445 of this Code, or Section 12
5of the Fire Investigation Act on the date prescribed, there
6shall be added:
7        (i) as a late fee, if the payment is received at least
8    one day but not more than 7 days after the prescribed due
9    date, 10% of the tax due, the entire fee not to exceed
10    $1,000;
11        (ii) as a late fee, if the payment is received at least
12    8 days but not more than 14 days after the prescribed due
13    date, 10% of the tax due, the entire fee not to exceed
14    $1,500;
15        (iii) as a late fee, if the payment is received at
16    least 15 days but not more than 21 days after the
17    prescribed due date, 10% of the tax due, the entire fee not
18    to exceed $2,000; or
19        (iv) as a penalty, if the return or report is received
20    more than 21 days after the prescribed due date, 10% of the
21    tax due.
22    A tax payment shall be deemed received as of the date
23mailed as evidenced by a postmark, proof of mailing on a
24recognized United States Postal Service form or a form
25acceptable to the United States Postal Service or other
26commercial mail delivery service, or other evidence acceptable

 

 

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1to the Director.
2    (b) If such failure to pay is determined by the Director to
3be wilful, after a hearing under Sections 402 and 403, there
4shall be added to the tax as a penalty an amount equal to the
5greater of 50% of the deficiency or 10% of the amount due and
6unpaid for each month or part of a month that the deficiency
7remains unpaid commencing with the date that the amount
8becomes due. Such amount shall be in lieu of any determined
9under paragraph (a) or (a-5).
10    (4) Any insurance company, industrial insured, or surplus
11line producer that fails to pay the full amount due under this
12Section or Sections 121-2.08, 408.1, 409, 444, 444.1, or 445
13of this Code, or Section 12 of the Fire Investigation Act is
14liable, in addition to the tax and any late fees and penalties,
15for interest on such deficiency at the rate of 12% per annum,
16or at such higher adjusted rates as are or may be established
17under subsection (b) of Section 6621 of the Internal Revenue
18Code, from the date that payment of any such tax was due,
19determined without regard to any extensions, to the date of
20payment of such amount.
21    (5) The Director, through the Attorney General, may
22institute an action in the name of the People of the State of
23Illinois, in any court of competent jurisdiction, for the
24recovery of the amount of such taxes, fees, and penalties due,
25and prosecute the same to final judgment, and take such steps
26as are necessary to collect the same.

 

 

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1    (6) In the event that the certificate of authority of a
2foreign or alien company is revoked for any cause or the
3company withdraws from this State prior to the renewal date of
4the certificate of authority as provided in Section 114, the
5company may recover the amount of any such tax paid in advance.
6Except as provided in this subsection, no revocation or
7withdrawal excuses payment of or constitutes grounds for the
8recovery of any taxes or penalties imposed by this Code.
9    (7) When an insurance company or domestic affiliated group
10fails to pay the full amount of any fee of $200 or more due
11under Section 408 of this Code, there shall be added to the
12amount due as a penalty the greater of $100 or an amount equal
13to 10% of the deficiency for each month or part of a month that
14the deficiency remains unpaid.
15    (8) The Department shall have a lien for the taxes, fees,
16charges, fines, penalties, interest, other charges, or any
17portion thereof, imposed or assessed pursuant to this Code,
18upon all the real and personal property of any company or
19person to whom the assessment or final order has been issued or
20whenever a tax return is filed without payment of the tax or
21penalty shown therein to be due, including all such property
22of the company or person acquired after receipt of the
23assessment, issuance of the order, or filing of the return.
24The company or person is liable for the filing fee incurred by
25the Department for filing the lien and the filing fee incurred
26by the Department to file the release of that lien. The filing

 

 

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1fees shall be paid to the Department in addition to payment of
2the tax, fee, charge, fine, penalty, interest, other charges,
3or any portion thereof, included in the amount of the lien.
4However, where the lien arises because of the issuance of a
5final order of the Director or tax assessment by the
6Department, the lien shall not attach and the notice referred
7to in this Section shall not be filed until all administrative
8proceedings or proceedings in court for review of the final
9order or assessment have terminated or the time for the taking
10thereof has expired without such proceedings being instituted.
11    Upon the granting of Department review after a lien has
12attached, the lien shall remain in full force except to the
13extent to which the final assessment may be reduced by a
14revised final assessment following the rehearing or review.
15The lien created by the issuance of a final assessment shall
16terminate, unless a notice of lien is filed, within 3 years
17after the date all proceedings in court for the review of the
18final assessment have terminated or the time for the taking
19thereof has expired without such proceedings being instituted,
20or (in the case of a revised final assessment issued pursuant
21to a rehearing or review by the Department) within 3 years
22after the date all proceedings in court for the review of such
23revised final assessment have terminated or the time for the
24taking thereof has expired without such proceedings being
25instituted. Where the lien results from the filing of a tax
26return without payment of the tax or penalty shown therein to

 

 

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1be due, the lien shall terminate, unless a notice of lien is
2filed, within 3 years after the date when the return is filed
3with the Department.
4    The time limitation period on the Department's right to
5file a notice of lien shall not run during any period of time
6in which the order of any court has the effect of enjoining or
7restraining the Department from filing such notice of lien. If
8the Department finds that a company or person is about to
9depart from the State, to conceal himself or his property, or
10to do any other act tending to prejudice or to render wholly or
11partly ineffectual proceedings to collect the amount due and
12owing to the Department unless such proceedings are brought
13without delay, or if the Department finds that the collection
14of the amount due from any company or person will be
15jeopardized by delay, the Department shall give the company or
16person notice of such findings and shall make demand for
17immediate return and payment of the amount, whereupon the
18amount shall become immediately due and payable. If the
19company or person, within 5 days after the notice (or within
20such extension of time as the Department may grant), does not
21comply with the notice or show to the Department that the
22findings in the notice are erroneous, the Department may file
23a notice of jeopardy assessment lien in the office of the
24recorder of the county in which any property of the company or
25person may be located and shall notify the company or person of
26the filing. The jeopardy assessment lien shall have the same

 

 

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1scope and effect as the statutory lien provided for in this
2Section. If the company or person believes that the company or
3person does not owe some or all of the tax for which the
4jeopardy assessment lien against the company or person has
5been filed, or that no jeopardy to the revenue in fact exists,
6the company or person may protest within 20 days after being
7notified by the Department of the filing of the jeopardy
8assessment lien and request a hearing, whereupon the
9Department shall hold a hearing in conformity with the
10provisions of this Code and, pursuant thereto, shall notify
11the company or person of its findings as to whether or not the
12jeopardy assessment lien will be released. If not, and if the
13company or person is aggrieved by this decision, the company
14or person may file an action for judicial review of the final
15determination of the Department in accordance with the
16Administrative Review Law. If, pursuant to such hearing (or
17after an independent determination of the facts by the
18Department without a hearing), the Department determines that
19some or all of the amount due covered by the jeopardy
20assessment lien is not owed by the company or person, or that
21no jeopardy to the revenue exists, or if on judicial review the
22final judgment of the court is that the company or person does
23not owe some or all of the amount due covered by the jeopardy
24assessment lien against them, or that no jeopardy to the
25revenue exists, the Department shall release its jeopardy
26assessment lien to the extent of such finding of nonliability

 

 

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1for the amount, or to the extent of such finding of no jeopardy
2to the revenue. The Department shall also release its jeopardy
3assessment lien against the company or person whenever the
4amount due and owing covered by the lien, plus any interest
5which may be due, are paid and the company or person has paid
6the Department in cash or by guaranteed remittance an amount
7representing the filing fee for the lien and the filing fee for
8the release of that lien. The Department shall file that
9release of lien with the recorder of the county where that lien
10was filed.
11    Nothing in this Section shall be construed to give the
12Department a preference over the rights of any bona fide
13purchaser, holder of a security interest, mechanics
14lienholder, mortgagee, or judgment lien creditor arising prior
15to the filing of a regular notice of lien or a notice of
16jeopardy assessment lien in the office of the recorder in the
17county in which the property subject to the lien is located.
18For purposes of this Section, "bona fide" shall not include
19any mortgage of real or personal property or any other credit
20transaction that results in the mortgagee or the holder of the
21security acting as trustee for unsecured creditors of the
22company or person mentioned in the notice of lien who executed
23such chattel or real property mortgage or the document
24evidencing such credit transaction. The lien shall be inferior
25to the lien of general taxes, special assessments, and special
26taxes levied by any political subdivision of this State. In

 

 

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1case title to land to be affected by the notice of lien or
2notice of jeopardy assessment lien is registered under the
3provisions of the Registered Titles (Torrens) Act, such notice
4shall be filed in the office of the Registrar of Titles of the
5county within which the property subject to the lien is
6situated and shall be entered upon the register of titles as a
7memorial or charge upon each folium of the register of titles
8affected by such notice, and the Department shall not have a
9preference over the rights of any bona fide purchaser,
10mortgagee, judgment creditor, or other lienholder arising
11prior to the registration of such notice. The regular lien or
12jeopardy assessment lien shall not be effective against any
13purchaser with respect to any item in a retailer's stock in
14trade purchased from the retailer in the usual course of the
15retailer's business.
16(Source: P.A. 98-158, eff. 8-2-13; 98-978, eff. 1-1-15.)
 
17    (215 ILCS 5/416)
18    Sec. 416. Illinois Workers' Compensation Commission
19Operations Fund Surcharge.
20    (a) As of July 30, 2004 (the effective date of Public Act
2193-840), every company licensed or authorized by the Illinois
22Department of Insurance and insuring employers' liabilities
23arising under the Workers' Compensation Act or the Workers'
24Occupational Diseases Act shall remit to the Director a
25surcharge based upon the annual direct written premium, as

 

 

HB4493 Enrolled- 70 -LRB102 22845 BMS 31996 b

1reported under Section 136 of this Act, of the company in the
2manner provided in this Section. Such proceeds shall be
3deposited into the Illinois Workers' Compensation Commission
4Operations Fund as established in the Workers' Compensation
5Act. If a company survives or was formed by a merger,
6consolidation, reorganization, or reincorporation, the direct
7written premiums of all companies party to the merger,
8consolidation, reorganization, or reincorporation shall, for
9purposes of determining the amount of the fee imposed by this
10Section, be regarded as those of the surviving or new company.
11    (b)(1) Except as provided in subsection (b)(2) of this
12Section, beginning on July 30, 2004 (the effective date of
13Public Act 93-840) and on July 1 of each year thereafter, the
14Director shall charge an annual Illinois Workers' Compensation
15Commission Operations Fund Surcharge from every company
16subject to subsection (a) of this Section equal to 1.01% of its
17direct written premium for insuring employers' liabilities
18arising under the Workers' Compensation Act or Workers'
19Occupational Diseases Act as reported in each company's annual
20statement filed for the previous year as required by Section
21136. The Illinois Workers' Compensation Commission Operations
22Fund Surcharge shall be collected by companies subject to
23subsection (a) of this Section as a separately stated
24surcharge on insured employers at the rate of 1.01% of direct
25written premium. The Illinois Workers' Compensation Commission
26Operations Fund Surcharge shall not be collected by companies

 

 

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1subject to subsection (a) of this Section from any employer
2that self-insures its liabilities arising under the Workers'
3Compensation Act or Workers' Occupational Diseases Act,
4provided that the employer has paid the Illinois Workers'
5Compensation Commission Operations Fund Fee pursuant to
6Section 4d of the Workers' Compensation Act. All sums
7collected by the Department of Insurance under the provisions
8of this Section shall be paid promptly after the receipt of the
9same, accompanied by a detailed statement thereof, into the
10Illinois Workers' Compensation Commission Operations Fund in
11the State treasury.
12    (b)(2) The surcharge due pursuant to Public Act 93-840
13shall be collected instead of the surcharge due on July 1, 2004
14under Public Act 93-32. Payment of the surcharge due under
15Public Act 93-840 shall discharge the employer's obligations
16due on July 1, 2004.
17    (c) In addition to the authority specifically granted
18under Article XXV of this Code, the Director shall have such
19authority to adopt rules or establish forms as may be
20reasonably necessary for purposes of enforcing this Section.
21The Director shall also have authority to defer, waive, or
22abate the surcharge or any penalties imposed by this Section
23if in the Director's opinion the company's solvency and
24ability to meet its insured obligations would be immediately
25threatened by payment of the surcharge due.
26    (d) When a company fails to pay the full amount of any

 

 

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1annual Illinois Workers' Compensation Commission Operations
2Fund Surcharge of $100 or more due under this Section, there
3shall be added to the amount due as a penalty the greater of
4$1,000 or an amount equal to 10% 5% of the deficiency for each
5month or part of a month that the deficiency remains unpaid.
6    (e) The Department of Insurance may enforce the collection
7of any delinquent payment, penalty, or portion thereof by
8legal action or in any other manner by which the collection of
9debts due the State of Illinois may be enforced under the laws
10of this State.
11    (f) Whenever it appears to the satisfaction of the
12Director that a company has paid pursuant to this Act an
13Illinois Workers' Compensation Commission Operations Fund
14Surcharge in an amount in excess of the amount legally
15collectable from the company, the Director shall issue a
16credit memorandum for an amount equal to the amount of such
17overpayment. A credit memorandum may be applied for the 2-year
18period from the date of issuance, against the payment of any
19amount due during that period under the surcharge imposed by
20this Section or, subject to reasonable rule of the Department
21of Insurance including requirement of notification, may be
22assigned to any other company subject to regulation under this
23Act. Any application of credit memoranda after the period
24provided for in this Section is void.
25    (g) Annually, the Governor may direct a transfer of up to
262% of all moneys collected under this Section to the Insurance

 

 

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1Financial Regulation Fund.
2(Source: P.A. 95-331, eff. 8-21-07.)
 
3    (215 ILCS 5/356z.27 rep.)
4    Section 15. The Illinois Insurance Code is amended by
5repealing Section 356z.27.
 
6    Section 20. The Illinois Health Insurance Portability and
7Accountability Act is amended by changing Section 20 as
8follows:
 
9    (215 ILCS 97/20)
10    Sec. 20. Increased portability through prohibition of
11limitation on preexisting condition exclusions.
12    (A) No health insurance coverage issued, amended,
13delivered, or renewed on or after the effective date of this
14amendatory Act of the 102nd General Assembly may impose any
15preexisting condition exclusion with respect to the plan or
16coverage. This provision does not apply to the provision of
17excepted benefits as described in paragraph (2) of subsection
18(C). Limitation of preexisting condition exclusion period;
19crediting for periods of previous coverage. Subject to
20subsection (D), a group health plan, and a health insurance
21issuer offering group health insurance coverage, may, with
22respect to a participant or beneficiary, impose a preexisting
23condition exclusion only if:

 

 

HB4493 Enrolled- 74 -LRB102 22845 BMS 31996 b

1        (1) the exclusion relates to a condition (whether
2    physical or mental), regardless of the cause of the
3    condition, for which medical advice, diagnosis, care, or
4    treatment was recommended or received within the 6-month
5    period ending on the enrollment date;
6        (2) the exclusion extends for a period of not more
7    than 12 months (or 18 months in the case of a late
8    enrollee) after the enrollment date; and
9        (3) the period of any such preexisting condition
10    exclusion is reduced by the aggregate of the periods of
11    creditable coverage (if any, as defined in subsection
12    (C)(1)) applicable to the participant or beneficiary as of
13    the enrollment date.
14    (B) (Blank). Preexisting condition exclusion. A group
15health plan, and health insurance issuer offering group health
16insurance coverage, may not impose any preexisting condition
17exclusion relating to pregnancy as a preexisting condition.
18    Genetic information shall not be treated as a condition
19described in subsection (A)(1) in the absence of a diagnosis
20of the condition related to such information.
21    (C) Rules relating to crediting previous coverage.
22        (1) Creditable coverage defined. For purposes of this
23    Act, the term "creditable coverage" means, with respect to
24    an individual, coverage of the individual under any of the
25    following:
26            (a) A group health plan.

 

 

HB4493 Enrolled- 75 -LRB102 22845 BMS 31996 b

1            (b) Health insurance coverage.
2            (c) Part A or part B of title XVIII of the Social
3        Security Act.
4            (d) Title XIX of the Social Security Act, other
5        than coverage consisting solely of benefits under
6        Section 1928.
7            (e) Chapter 55 of title 10, United States Code.
8            (f) A medical care program of the Indian Health
9        Service or of a tribal organization.
10            (g) A State health benefits risk pool.
11            (h) A health plan offered under chapter 89 of
12        title 5, United States Code.
13            (i) A public health plan (as defined in
14        regulations).
15            (j) A health benefit plan under Section 5(e) of
16        the Peace Corps Act (22 U.S.C. 2504(e)).
17            (k) Title XXI of the federal Social Security Act,
18        State Children's Health Insurance Program.
19        Such term does not include coverage consisting solely
20    of coverage of excepted benefits.
21        (2) Excepted benefits. For purposes of this Act, the
22    term "excepted benefits" means benefits under one or more
23    of the following:
24            (a) Benefits not subject to requirements:
25                (i) Coverage only for accident, or disability
26            income insurance, or any combination thereof.

 

 

HB4493 Enrolled- 76 -LRB102 22845 BMS 31996 b

1                (ii) Coverage issued as a supplement to
2            liability insurance.
3                (iii) Liability insurance, including general
4            liability insurance and automobile liability
5            insurance.
6                (iv) Workers' compensation or similar
7            insurance.
8                (v) Automobile medical payment insurance.
9                (vi) Credit-only insurance.
10                (vii) Coverage for on-site medical clinics.
11                (viii) Other similar insurance coverage,
12            specified in regulations, under which benefits for
13            medical care are secondary or incidental to other
14            insurance benefits.
15            (b) Benefits not subject to requirements if
16        offered separately:
17                (i) Limited scope dental or vision benefits.
18                (ii) Benefits for long-term care, nursing home
19            care, home health care, community-based care, or
20            any combination thereof.
21                (iii) Such other similar, limited benefits as
22            are specified in rules.
23            (c) Benefits not subject to requirements if
24        offered, as independent, noncoordinated benefits:
25                (i) Coverage only for a specified disease or
26            illness.

 

 

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1                (ii) Hospital indemnity or other fixed
2            indemnity insurance.
3            (d) Benefits not subject to requirements if
4        offered as separate insurance policy. Medicare
5        supplemental health insurance (as defined under
6        Section 1882(g)(1) of the Social Security Act),
7        coverage supplemental to the coverage provided under
8        chapter 55 of title 10, United States Code, and
9        similar supplemental coverage provided to coverage
10        under a group health plan.
11        (3) Not counting periods before significant breaks in
12    coverage.
13            (a) In general. A period of creditable coverage
14        shall not be counted, with respect to enrollment of an
15        individual under a group health plan, if, after such
16        period and before the enrollment date, there was a
17        63-day period during all of which the individual was
18        not covered under any creditable coverage.
19            (b) Waiting period not treated as a break in
20        coverage. For purposes of subparagraph (a) and
21        subsection (D)(3), any period that an individual is in
22        a waiting period for any coverage under a group health
23        plan (or for group health insurance coverage) or is in
24        an affiliation period (as defined in subsection
25        (G)(2)) shall not be taken into account in determining
26        the continuous period under subparagraph (a).

 

 

HB4493 Enrolled- 78 -LRB102 22845 BMS 31996 b

1        (4) (Blank). Method of crediting coverage.
2            (a) Standard method. Except as otherwise provided
3        under subparagraph (b), for purposes of applying
4        subsection (A)(3), a group health plan, and a health
5        insurance issuer offering group health insurance
6        coverage, shall count a period of creditable coverage
7        without regard to the specific benefits covered during
8        the period.
9            (b) Election of alternative method. A group health
10        plan, or a health insurance issuer offering group
11        health insurance, may elect to apply subsection (A)(3)
12        based on coverage of benefits within each of several
13        classes or categories of benefits specified in
14        regulations rather than as provided under subparagraph
15        (a). Such election shall be made on a uniform basis for
16        all participants and beneficiaries. Under such
17        election a group health plan or issuer shall count a
18        period of creditable coverage with respect to any
19        class or category of benefits if any level of benefits
20        is covered within such class or category.
21            (c) Plan notice. In the case of an election with
22        respect to a group health plan under subparagraph (b)
23        (whether or not health insurance coverage is provided
24        in connection with such plan), the plan shall:
25                (i) prominently state in any disclosure
26            statements concerning the plan, and state to each

 

 

HB4493 Enrolled- 79 -LRB102 22845 BMS 31996 b

1            enrollee at the time of enrollment under the plan,
2            that the plan has made such election; and
3                (ii) include in such statements a description
4            of the effect of this election.
5            (d) Issuer notice. In the case of an election
6        under subparagraph (b) with respect to health
7        insurance coverage offered by an issuer in the small
8        or large group market, the issuer:
9                (i) shall prominently state in any disclosure
10            statements concerning the coverage, and to each
11            employer at the time of the offer or sale of the
12            coverage, that the issuer has made such election;
13            and
14                (ii) shall include in such statements a
15            description of the effect of such election.
16        (5) Establishment of period. Periods of creditable
17    coverage with respect to an individual shall be
18    established through presentation or certifications
19    described in subsection (E) or in such other manner as may
20    be specified in regulations.
21    (D) (Blank). Exceptions:
22        (1) Exclusion not applicable to certain newborns.
23    Subject to paragraph (3), a group health plan, and a
24    health insurance issuer offering group health insurance
25    coverage, may not impose any preexisting condition
26    exclusion in the case of an individual who, as of the last

 

 

HB4493 Enrolled- 80 -LRB102 22845 BMS 31996 b

1    day of the 30-day period beginning with the date of birth,
2    is covered under creditable coverage.
3        (2) Exclusion not applicable to certain adopted
4    children. Subject to paragraph (3), a group health plan,
5    and a health insurance issuer offering group health
6    insurance coverage, may not impose any preexisting
7    condition exclusion in the case of a child who is adopted
8    or placed for adoption before attaining 18 years of age
9    and who, as of the last day of the 30-day period beginning
10    on the date of the adoption or placement for adoption, is
11    covered under creditable coverage.
12        The previous sentence shall not apply to coverage
13    before the date of such adoption or placement for
14    adoption.
15        (3) Loss if break in coverage. Paragraphs (1) and (2)
16    shall no longer apply to an individual after the end of the
17    first 63-day period during all of which the individual was
18    not covered under any creditable coverage.
19    (E) Certifications and disclosure of coverage.
20        (1) Requirement for Certification of Period of
21    Creditable Coverage.
22            (a) A group health plan, and a health insurance
23        issuer offering group health insurance coverage, shall
24        provide the certification described in subparagraph
25        (b):
26                (i) at the time an individual ceases to be

 

 

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1            covered under the plan or otherwise becomes
2            covered under a COBRA continuation provision;
3                (ii) in the case of an individual becoming
4            covered under such a provision, at the time the
5            individual ceases to be covered under such
6            provision; and
7                (iii) on the request on behalf of an
8            individual made not later than 24 months after the
9            date of cessation of the coverage described in
10            clause (i) or (ii), whichever is later.
11        The certification under clause (i) may be provided, to
12        the extent practicable, at a time consistent with
13        notices required under any applicable COBRA
14        continuation provision.
15            (b) The certification described in this
16        subparagraph is a written certification of:
17                (i) the period of creditable coverage of the
18            individual under such plan and the coverage (if
19            any) under such COBRA continuation provision; and
20                (ii) the waiting period (if any) (and
21            affiliation period, if applicable) imposed with
22            respect to the individual for any coverage under
23            such plan.
24            (c) To the extent that medical care under a group
25        health plan consists of group health insurance
26        coverage, the plan is deemed to have satisfied the

 

 

HB4493 Enrolled- 82 -LRB102 22845 BMS 31996 b

1        certification requirement under this paragraph if the
2        health insurance issuer offering the coverage provides
3        for such certification in accordance with this
4        paragraph.
5        (2) (Blank). Disclosure of information on previous
6    benefits. In the case of an election described in
7    subsection (C)(4)(b) by a group health plan or health
8    insurance issuer, if the plan or issuer enrolls an
9    individual for coverage under the plan and the individual
10    provides a certification of coverage of the individual
11    under paragraph (1):
12            (a) upon request of such plan or issuer, the
13        entity which issued the certification provided by the
14        individual shall promptly disclose to such requesting
15        plan or issuer information on coverage of classes and
16        categories of health benefits available under such
17        entity's plan or coverage; and
18            (b) such entity may charge the requesting plan or
19        issuer for the reasonable cost of disclosing such
20        information.
21        (3) Rules. The Department shall establish rules to
22    prevent an entity's failure to provide information under
23    paragraph (1) or (2) with respect to previous coverage of
24    an individual from adversely affecting any subsequent
25    coverage of the individual under another group health plan
26    or health insurance coverage.

 

 

HB4493 Enrolled- 83 -LRB102 22845 BMS 31996 b

1        (4) Treatment of certain plans as group health plan
2    for notice provision. A program under which creditable
3    coverage described in subparagraph (c), (d), (e), or (f)
4    of Section 20(C)(1) is provided shall be treated as a
5    group health plan for purposes of this Section.
6    (F) Special enrollment periods.
7        (1) Individuals losing other coverage. A group health
8    plan, and a health insurance issuer offering group health
9    insurance coverage in connection with a group health plan,
10    shall permit an employee who is eligible, but not
11    enrolled, for coverage under the terms of the plan (or a
12    dependent of such an employee if the dependent is
13    eligible, but not enrolled, for coverage under such terms)
14    to enroll for coverage under the terms of the plan if each
15    of the following conditions is met:
16            (a) The employee or dependent was covered under a
17        group health plan or had health insurance coverage at
18        the time coverage was previously offered to the
19        employee or dependent.
20            (b) The employee stated in writing at such time
21        that coverage under a group health plan or health
22        insurance coverage was the reason for declining
23        enrollment, but only if the plan sponsor or issuer (if
24        applicable) required such a statement at such time and
25        provided the employee with notice of such requirement
26        (and the consequences of such requirement) at such

 

 

HB4493 Enrolled- 84 -LRB102 22845 BMS 31996 b

1        time.
2            (c) The employee's or dependent's coverage
3        described in subparagraph (a):
4                (i) was under a COBRA continuation provision
5            and the coverage under such provision was
6            exhausted; or
7                (ii) was not under such a provision and either
8            the coverage was terminated as a result of loss of
9            eligibility for the coverage (including as a
10            result of legal separation, divorce, death,
11            termination of employment, or reduction in the
12            number of hours of employment) or employer
13            contributions towards such coverage were
14            terminated.
15            (d) Under the terms of the plan, the employee
16        requests such enrollment not later than 30 days after
17        the date of exhaustion of coverage described in
18        subparagraph (c)(i) or termination of coverage or
19        employer contributions described in subparagraph
20        (c)(ii).
21        (2) For dependent beneficiaries.
22            (a) In general. If:
23                (i) a group health plan makes coverage
24            available with respect to a dependent of an
25            individual,
26                (ii) the individual is a participant under the

 

 

HB4493 Enrolled- 85 -LRB102 22845 BMS 31996 b

1            plan (or has met any waiting period applicable to
2            becoming a participant under the plan and is
3            eligible to be enrolled under the plan but for a
4            failure to enroll during a previous enrollment
5            period), and
6                (iii) a person becomes such a dependent of the
7            individual through marriage, birth, or adoption or
8            placement for adoption,
9        then the group health plan shall provide for a
10        dependent special enrollment period described in
11        subparagraph (b) during which the person (or, if not
12        otherwise enrolled, the individual) may be enrolled
13        under the plan as a dependent of the individual, and in
14        the case of the birth or adoption of a child, the
15        spouse of the individual may be enrolled as a
16        dependent of the individual if such spouse is
17        otherwise eligible for coverage.
18            (b) Dependent special enrollment period. A
19        dependent special enrollment period under this
20        subparagraph shall be a period of not less than 30 days
21        and shall begin on the later of:
22                (i) the date dependent coverage is made
23            available; or
24                (ii) the date of the marriage, birth, or
25            adoption or placement for adoption (as the case
26            may be) described in subparagraph (a)(iii).

 

 

HB4493 Enrolled- 86 -LRB102 22845 BMS 31996 b

1            (c) No waiting period. If an individual seeks to
2        enroll a dependent during the first 30 days of such a
3        dependent special enrollment period, the coverage of
4        the dependent shall become effective:
5                (i) in the case of marriage, not later than
6            the first day of the first month beginning after
7            the date the completed request for enrollment is
8            received;
9                (ii) in the case of a dependent's birth, as of
10            the date of such birth; or
11                (iii) in the case of a dependent's adoption or
12            placement for adoption, the date of such adoption
13            or placement for adoption.
14    (G) Use of affiliation period by HMOs as alternative to
15preexisting condition exclusion.
16        (1) In general. A health maintenance organization
17    which offers health insurance coverage in connection with
18    a group health plan and which does not impose any
19    pre-existing condition exclusion allowed under subsection
20    (A) with respect to any particular coverage option may
21    impose an affiliation period for such coverage option, but
22    only if:
23            (a) such period is applied uniformly without
24        regard to any health status-related factors; and
25            (b) such period does not exceed 2 months (or 3
26        months in the case of a late enrollee).

 

 

HB4493 Enrolled- 87 -LRB102 22845 BMS 31996 b

1        (2) Affiliation period.
2            (a) Defined. For purposes of this Act, the term
3        "affiliation period" means a period which, under the
4        terms of the health insurance coverage offered by the
5        health maintenance organization, must expire before
6        the health insurance coverage becomes effective. The
7        organization is not required to provide health care
8        services or benefits during such period and no premium
9        shall be charged to the participant or beneficiary for
10        any coverage during the period.
11            (b) Beginning. Such period shall begin on the
12        enrollment date.
13            (c) Runs concurrently with waiting periods. An
14        affiliation period under a plan shall run concurrently
15        with any waiting period under the plan.
16        (3) Alternative methods. A health maintenance
17    organization described in paragraph (1) may use
18    alternative methods, from those described in such
19    paragraph, to address adverse selection as approved by the
20    Department.
21(Source: P.A. 90-30, eff. 7-1-97; 90-736, eff. 8-12-98.)
 
22    Section 25. The Health Maintenance Organization Act is
23amended by changing Section 5-3 as follows:
 
24    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)

 

 

HB4493 Enrolled- 88 -LRB102 22845 BMS 31996 b

1    Sec. 5-3. Insurance Code provisions.
2    (a) Health Maintenance Organizations shall be subject to
3the provisions of Sections 133, 134, 136, 137, 139, 140,
4141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153,
5154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2,
6355.3, 355b, 355c, 356g.5-1, 356m, 356q, 356v, 356w, 356x,
7356y, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9,
8356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17,
9356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29,
10356z.30, 356z.30a, 356z.32, 356z.33, 356z.35, 356z.36,
11356z.40, 356z.41, 356z.43, 356z.46, 356z.47, 356z.48, 356z.50,
12356z.51, 364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b,
13368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A,
14408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of
15subsection (2) of Section 367, and Articles IIA, VIII 1/2,
16XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the
17Illinois Insurance Code.
18    (b) For purposes of the Illinois Insurance Code, except
19for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
20Health Maintenance Organizations in the following categories
21are deemed to be "domestic companies":
22        (1) a corporation authorized under the Dental Service
23    Plan Act or the Voluntary Health Services Plans Act;
24        (2) a corporation organized under the laws of this
25    State; or
26        (3) a corporation organized under the laws of another

 

 

HB4493 Enrolled- 89 -LRB102 22845 BMS 31996 b

1    state, 30% or more of the enrollees of which are residents
2    of this State, except a corporation subject to
3    substantially the same requirements in its state of
4    organization as is a "domestic company" under Article VIII
5    1/2 of the Illinois Insurance Code.
6    (c) In considering the merger, consolidation, or other
7acquisition of control of a Health Maintenance Organization
8pursuant to Article VIII 1/2 of the Illinois Insurance Code,
9        (1) the Director shall give primary consideration to
10    the continuation of benefits to enrollees and the
11    financial conditions of the acquired Health Maintenance
12    Organization after the merger, consolidation, or other
13    acquisition of control takes effect;
14        (2)(i) the criteria specified in subsection (1)(b) of
15    Section 131.8 of the Illinois Insurance Code shall not
16    apply and (ii) the Director, in making his determination
17    with respect to the merger, consolidation, or other
18    acquisition of control, need not take into account the
19    effect on competition of the merger, consolidation, or
20    other acquisition of control;
21        (3) the Director shall have the power to require the
22    following information:
23            (A) certification by an independent actuary of the
24        adequacy of the reserves of the Health Maintenance
25        Organization sought to be acquired;
26            (B) pro forma financial statements reflecting the

 

 

HB4493 Enrolled- 90 -LRB102 22845 BMS 31996 b

1        combined balance sheets of the acquiring company and
2        the Health Maintenance Organization sought to be
3        acquired as of the end of the preceding year and as of
4        a date 90 days prior to the acquisition, as well as pro
5        forma financial statements reflecting projected
6        combined operation for a period of 2 years;
7            (C) a pro forma business plan detailing an
8        acquiring party's plans with respect to the operation
9        of the Health Maintenance Organization sought to be
10        acquired for a period of not less than 3 years; and
11            (D) such other information as the Director shall
12        require.
13    (d) The provisions of Article VIII 1/2 of the Illinois
14Insurance Code and this Section 5-3 shall apply to the sale by
15any health maintenance organization of greater than 10% of its
16enrollee population (including without limitation the health
17maintenance organization's right, title, and interest in and
18to its health care certificates).
19    (e) In considering any management contract or service
20agreement subject to Section 141.1 of the Illinois Insurance
21Code, the Director (i) shall, in addition to the criteria
22specified in Section 141.2 of the Illinois Insurance Code,
23take into account the effect of the management contract or
24service agreement on the continuation of benefits to enrollees
25and the financial condition of the health maintenance
26organization to be managed or serviced, and (ii) need not take

 

 

HB4493 Enrolled- 91 -LRB102 22845 BMS 31996 b

1into account the effect of the management contract or service
2agreement on competition.
3    (f) Except for small employer groups as defined in the
4Small Employer Rating, Renewability and Portability Health
5Insurance Act and except for medicare supplement policies as
6defined in Section 363 of the Illinois Insurance Code, a
7Health Maintenance Organization may by contract agree with a
8group or other enrollment unit to effect refunds or charge
9additional premiums under the following terms and conditions:
10        (i) the amount of, and other terms and conditions with
11    respect to, the refund or additional premium are set forth
12    in the group or enrollment unit contract agreed in advance
13    of the period for which a refund is to be paid or
14    additional premium is to be charged (which period shall
15    not be less than one year); and
16        (ii) the amount of the refund or additional premium
17    shall not exceed 20% of the Health Maintenance
18    Organization's profitable or unprofitable experience with
19    respect to the group or other enrollment unit for the
20    period (and, for purposes of a refund or additional
21    premium, the profitable or unprofitable experience shall
22    be calculated taking into account a pro rata share of the
23    Health Maintenance Organization's administrative and
24    marketing expenses, but shall not include any refund to be
25    made or additional premium to be paid pursuant to this
26    subsection (f)). The Health Maintenance Organization and

 

 

HB4493 Enrolled- 92 -LRB102 22845 BMS 31996 b

1    the group or enrollment unit may agree that the profitable
2    or unprofitable experience may be calculated taking into
3    account the refund period and the immediately preceding 2
4    plan years.
5    The Health Maintenance Organization shall include a
6statement in the evidence of coverage issued to each enrollee
7describing the possibility of a refund or additional premium,
8and upon request of any group or enrollment unit, provide to
9the group or enrollment unit a description of the method used
10to calculate (1) the Health Maintenance Organization's
11profitable experience with respect to the group or enrollment
12unit and the resulting refund to the group or enrollment unit
13or (2) the Health Maintenance Organization's unprofitable
14experience with respect to the group or enrollment unit and
15the resulting additional premium to be paid by the group or
16enrollment unit.
17    In no event shall the Illinois Health Maintenance
18Organization Guaranty Association be liable to pay any
19contractual obligation of an insolvent organization to pay any
20refund authorized under this Section.
21    (g) Rulemaking authority to implement Public Act 95-1045,
22if any, is conditioned on the rules being adopted in
23accordance with all provisions of the Illinois Administrative
24Procedure Act and all rules and procedures of the Joint
25Committee on Administrative Rules; any purported rule not so
26adopted, for whatever reason, is unauthorized.

 

 

HB4493 Enrolled- 93 -LRB102 22845 BMS 31996 b

1(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
2101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-393, eff.
31-1-20; 101-452, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625,
4eff. 1-1-21; 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;
5102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
61-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,
7eff. 10-8-21; revised 10-27-21.)
 
8    Section 30. The Limited Health Service Organization Act is
9amended by changing Section 4003 as follows:
 
10    (215 ILCS 130/4003)  (from Ch. 73, par. 1504-3)
11    Sec. 4003. Illinois Insurance Code provisions. Limited
12health service organizations shall be subject to the
13provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
14141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
15154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 355.2, 355.3,
16355b, 356q, 356v, 356z.10, 356z.21, 356z.22, 356z.25, 356z.26,
17356z.29, 356z.30a, 356z.32, 356z.33, 356z.41, 356z.46,
18356z.47, 356z.51, 364.3, 356z.43, 368a, 401, 401.1, 402, 403,
19403A, 408, 408.2, 409, 412, 444, and 444.1 and Articles IIA,
20VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the
21Illinois Insurance Code. For purposes of the Illinois
22Insurance Code, except for Sections 444 and 444.1 and Articles
23XIII and XIII 1/2, limited health service organizations in the
24following categories are deemed to be domestic companies:

 

 

HB4493 Enrolled- 94 -LRB102 22845 BMS 31996 b

1        (1) a corporation under the laws of this State; or
2        (2) a corporation organized under the laws of another
3    state, 30% or more of the enrollees of which are residents
4    of this State, except a corporation subject to
5    substantially the same requirements in its state of
6    organization as is a domestic company under Article VIII
7    1/2 of the Illinois Insurance Code.
8(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
9101-393, eff. 1-1-20; 101-625, eff. 1-1-21; 102-30, eff.
101-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642,
11eff. 1-1-22; revised 10-27-21.)
 
12    Section 35. The Voluntary Health Services Plans Act is
13amended by changing Section 10 as follows:
 
14    (215 ILCS 165/10)  (from Ch. 32, par. 604)
15    Sec. 10. Application of Insurance Code provisions. Health
16services plan corporations and all persons interested therein
17or dealing therewith shall be subject to the provisions of
18Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
19143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b,
20356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v, 356w,
21356x, 356y, 356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6,
22356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14,
23356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26,
24356z.29, 356z.30, 356z.30a, 356z.32, 356z.33, 356z.40,

 

 

HB4493 Enrolled- 95 -LRB102 22845 BMS 31996 b

1356z.41, 356z.46, 356z.47, 356z.51, 356z.43, 364.01, 364.3,
2367.2, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412,
3and paragraphs (7) and (15) of Section 367 of the Illinois
4Insurance Code.
5    Rulemaking authority to implement Public Act 95-1045, if
6any, is conditioned on the rules being adopted in accordance
7with all provisions of the Illinois Administrative Procedure
8Act and all rules and procedures of the Joint Committee on
9Administrative Rules; any purported rule not so adopted, for
10whatever reason, is unauthorized.
11(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
12101-281, eff. 1-1-20; 101-393, eff. 1-1-20; 101-625, eff.
131-1-21; 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306,
14eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21;
15revised 10-27-21.)
 
16    Section 40. The Workers' Compensation Act is amended by
17changing Section 19 as follows:
 
18    (820 ILCS 305/19)  (from Ch. 48, par. 138.19)
19    Sec. 19. Any disputed questions of law or fact shall be
20determined as herein provided.
21    (a) It shall be the duty of the Commission upon
22notification that the parties have failed to reach an
23agreement, to designate an Arbitrator.
24        1. Whenever any claimant misconceives his remedy and

 

 

HB4493 Enrolled- 96 -LRB102 22845 BMS 31996 b

1    files an application for adjustment of claim under this
2    Act and it is subsequently discovered, at any time before
3    final disposition of such cause, that the claim for
4    disability or death which was the basis for such
5    application should properly have been made under the
6    Workers' Occupational Diseases Act, then the provisions of
7    Section 19, paragraph (a-1) of the Workers' Occupational
8    Diseases Act having reference to such application shall
9    apply.
10        2. Whenever any claimant misconceives his remedy and
11    files an application for adjustment of claim under the
12    Workers' Occupational Diseases Act and it is subsequently
13    discovered, at any time before final disposition of such
14    cause that the claim for injury or death which was the
15    basis for such application should properly have been made
16    under this Act, then the application so filed under the
17    Workers' Occupational Diseases Act may be amended in form,
18    substance or both to assert claim for such disability or
19    death under this Act and it shall be deemed to have been so
20    filed as amended on the date of the original filing
21    thereof, and such compensation may be awarded as is
22    warranted by the whole evidence pursuant to this Act. When
23    such amendment is submitted, further or additional
24    evidence may be heard by the Arbitrator or Commission when
25    deemed necessary. Nothing in this Section contained shall
26    be construed to be or permit a waiver of any provisions of

 

 

HB4493 Enrolled- 97 -LRB102 22845 BMS 31996 b

1    this Act with reference to notice but notice if given
2    shall be deemed to be a notice under the provisions of this
3    Act if given within the time required herein.
4    (b) The Arbitrator shall make such inquiries and
5investigations as he or they shall deem necessary and may
6examine and inspect all books, papers, records, places, or
7premises relating to the questions in dispute and hear such
8proper evidence as the parties may submit.
9    The hearings before the Arbitrator shall be held in the
10vicinity where the injury occurred after 10 days' notice of
11the time and place of such hearing shall have been given to
12each of the parties or their attorneys of record.
13    The Arbitrator may find that the disabling condition is
14temporary and has not yet reached a permanent condition and
15may order the payment of compensation up to the date of the
16hearing, which award shall be reviewable and enforceable in
17the same manner as other awards, and in no instance be a bar to
18a further hearing and determination of a further amount of
19temporary total compensation or of compensation for permanent
20disability, but shall be conclusive as to all other questions
21except the nature and extent of said disability.
22    The decision of the Arbitrator shall be filed with the
23Commission which Commission shall immediately send to each
24party or his attorney a copy of such decision, together with a
25notification of the time when it was filed. As of the effective
26date of this amendatory Act of the 94th General Assembly, all

 

 

HB4493 Enrolled- 98 -LRB102 22845 BMS 31996 b

1decisions of the Arbitrator shall set forth in writing
2findings of fact and conclusions of law, separately stated, if
3requested by either party. Unless a petition for review is
4filed by either party within 30 days after the receipt by such
5party of the copy of the decision and notification of time when
6filed, and unless such party petitioning for a review shall
7within 35 days after the receipt by him of the copy of the
8decision, file with the Commission either an agreed statement
9of the facts appearing upon the hearing before the Arbitrator,
10or if such party shall so elect a correct transcript of
11evidence of the proceedings at such hearings, then the
12decision shall become the decision of the Commission and in
13the absence of fraud shall be conclusive. The Petition for
14Review shall contain a statement of the petitioning party's
15specific exceptions to the decision of the arbitrator. The
16jurisdiction of the Commission to review the decision of the
17arbitrator shall not be limited to the exceptions stated in
18the Petition for Review. The Commission, or any member
19thereof, may grant further time not exceeding 30 days, in
20which to file such agreed statement or transcript of evidence.
21Such agreed statement of facts or correct transcript of
22evidence, as the case may be, shall be authenticated by the
23signatures of the parties or their attorneys, and in the event
24they do not agree as to the correctness of the transcript of
25evidence it shall be authenticated by the signature of the
26Arbitrator designated by the Commission.

 

 

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1    Whether the employee is working or not, if the employee is
2not receiving or has not received medical, surgical, or
3hospital services or other services or compensation as
4provided in paragraph (a) of Section 8, or compensation as
5provided in paragraph (b) of Section 8, the employee may at any
6time petition for an expedited hearing by an Arbitrator on the
7issue of whether or not he or she is entitled to receive
8payment of the services or compensation. Provided the employer
9continues to pay compensation pursuant to paragraph (b) of
10Section 8, the employer may at any time petition for an
11expedited hearing on the issue of whether or not the employee
12is entitled to receive medical, surgical, or hospital services
13or other services or compensation as provided in paragraph (a)
14of Section 8, or compensation as provided in paragraph (b) of
15Section 8. When an employer has petitioned for an expedited
16hearing, the employer shall continue to pay compensation as
17provided in paragraph (b) of Section 8 unless the arbitrator
18renders a decision that the employee is not entitled to the
19benefits that are the subject of the expedited hearing or
20unless the employee's treating physician has released the
21employee to return to work at his or her regular job with the
22employer or the employee actually returns to work at any other
23job. If the arbitrator renders a decision that the employee is
24not entitled to the benefits that are the subject of the
25expedited hearing, a petition for review filed by the employee
26shall receive the same priority as if the employee had filed a

 

 

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1petition for an expedited hearing by an Arbitrator. Neither
2party shall be entitled to an expedited hearing when the
3employee has returned to work and the sole issue in dispute
4amounts to less than 12 weeks of unpaid compensation pursuant
5to paragraph (b) of Section 8.
6    Expedited hearings shall have priority over all other
7petitions and shall be heard by the Arbitrator and Commission
8with all convenient speed. Any party requesting an expedited
9hearing shall give notice of a request for an expedited
10hearing under this paragraph. A copy of the Application for
11Adjustment of Claim shall be attached to the notice. The
12Commission shall adopt rules and procedures under which the
13final decision of the Commission under this paragraph is filed
14not later than 180 days from the date that the Petition for
15Review is filed with the Commission.
16    Where 2 or more insurance carriers, private self-insureds,
17or a group workers' compensation pool under Article V 3/4 of
18the Illinois Insurance Code dispute coverage for the same
19injury, any such insurance carrier, private self-insured, or
20group workers' compensation pool may request an expedited
21hearing pursuant to this paragraph to determine the issue of
22coverage, provided coverage is the only issue in dispute and
23all other issues are stipulated and agreed to and further
24provided that all compensation benefits including medical
25benefits pursuant to Section 8(a) continue to be paid to or on
26behalf of petitioner. Any insurance carrier, private

 

 

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1self-insured, or group workers' compensation pool that is
2determined to be liable for coverage for the injury in issue
3shall reimburse any insurance carrier, private self-insured,
4or group workers' compensation pool that has paid benefits to
5or on behalf of petitioner for the injury.
6    (b-1) If the employee is not receiving medical, surgical
7or hospital services as provided in paragraph (a) of Section 8
8or compensation as provided in paragraph (b) of Section 8, the
9employee, in accordance with Commission Rules, may file a
10petition for an emergency hearing by an Arbitrator on the
11issue of whether or not he is entitled to receive payment of
12such compensation or services as provided therein. Such
13petition shall have priority over all other petitions and
14shall be heard by the Arbitrator and Commission with all
15convenient speed.
16    Such petition shall contain the following information and
17shall be served on the employer at least 15 days before it is
18filed:
19        (i) the date and approximate time of accident;
20        (ii) the approximate location of the accident;
21        (iii) a description of the accident;
22        (iv) the nature of the injury incurred by the
23    employee;
24        (v) the identity of the person, if known, to whom the
25    accident was reported and the date on which it was
26    reported;

 

 

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1        (vi) the name and title of the person, if known,
2    representing the employer with whom the employee conferred
3    in any effort to obtain compensation pursuant to paragraph
4    (b) of Section 8 of this Act or medical, surgical or
5    hospital services pursuant to paragraph (a) of Section 8
6    of this Act and the date of such conference;
7        (vii) a statement that the employer has refused to pay
8    compensation pursuant to paragraph (b) of Section 8 of
9    this Act or for medical, surgical or hospital services
10    pursuant to paragraph (a) of Section 8 of this Act;
11        (viii) the name and address, if known, of each witness
12    to the accident and of each other person upon whom the
13    employee will rely to support his allegations;
14        (ix) the dates of treatment related to the accident by
15    medical practitioners, and the names and addresses of such
16    practitioners, including the dates of treatment related to
17    the accident at any hospitals and the names and addresses
18    of such hospitals, and a signed authorization permitting
19    the employer to examine all medical records of all
20    practitioners and hospitals named pursuant to this
21    paragraph;
22        (x) a copy of a signed report by a medical
23    practitioner, relating to the employee's current inability
24    to return to work because of the injuries incurred as a
25    result of the accident or such other documents or
26    affidavits which show that the employee is entitled to

 

 

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1    receive compensation pursuant to paragraph (b) of Section
2    8 of this Act or medical, surgical or hospital services
3    pursuant to paragraph (a) of Section 8 of this Act. Such
4    reports, documents or affidavits shall state, if possible,
5    the history of the accident given by the employee, and
6    describe the injury and medical diagnosis, the medical
7    services for such injury which the employee has received
8    and is receiving, the physical activities which the
9    employee cannot currently perform as a result of any
10    impairment or disability due to such injury, and the
11    prognosis for recovery;
12        (xi) complete copies of any reports, records,
13    documents and affidavits in the possession of the employee
14    on which the employee will rely to support his
15    allegations, provided that the employer shall pay the
16    reasonable cost of reproduction thereof;
17        (xii) a list of any reports, records, documents and
18    affidavits which the employee has demanded by subpoena and
19    on which he intends to rely to support his allegations;
20        (xiii) a certification signed by the employee or his
21    representative that the employer has received the petition
22    with the required information 15 days before filing.
23    Fifteen days after receipt by the employer of the petition
24with the required information the employee may file said
25petition and required information and shall serve notice of
26the filing upon the employer. The employer may file a motion

 

 

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1addressed to the sufficiency of the petition. If an objection
2has been filed to the sufficiency of the petition, the
3arbitrator shall rule on the objection within 2 working days.
4If such an objection is filed, the time for filing the final
5decision of the Commission as provided in this paragraph shall
6be tolled until the arbitrator has determined that the
7petition is sufficient.
8    The employer shall, within 15 days after receipt of the
9notice that such petition is filed, file with the Commission
10and serve on the employee or his representative a written
11response to each claim set forth in the petition, including
12the legal and factual basis for each disputed allegation and
13the following information: (i) complete copies of any reports,
14records, documents and affidavits in the possession of the
15employer on which the employer intends to rely in support of
16his response, (ii) a list of any reports, records, documents
17and affidavits which the employer has demanded by subpoena and
18on which the employer intends to rely in support of his
19response, (iii) the name and address of each witness on whom
20the employer will rely to support his response, and (iv) the
21names and addresses of any medical practitioners selected by
22the employer pursuant to Section 12 of this Act and the time
23and place of any examination scheduled to be made pursuant to
24such Section.
25    Any employer who does not timely file and serve a written
26response without good cause may not introduce any evidence to

 

 

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1dispute any claim of the employee but may cross examine the
2employee or any witness brought by the employee and otherwise
3be heard.
4    No document or other evidence not previously identified by
5either party with the petition or written response, or by any
6other means before the hearing, may be introduced into
7evidence without good cause. If, at the hearing, material
8information is discovered which was not previously disclosed,
9the Arbitrator may extend the time for closing proof on the
10motion of a party for a reasonable period of time which may be
11more than 30 days. No evidence may be introduced pursuant to
12this paragraph as to permanent disability. No award may be
13entered for permanent disability pursuant to this paragraph.
14Either party may introduce into evidence the testimony taken
15by deposition of any medical practitioner.
16    The Commission shall adopt rules, regulations and
17procedures whereby the final decision of the Commission is
18filed not later than 90 days from the date the petition for
19review is filed but in no event later than 180 days from the
20date the petition for an emergency hearing is filed with the
21Illinois Workers' Compensation Commission.
22    All service required pursuant to this paragraph (b-1) must
23be by personal service or by certified mail and with evidence
24of receipt. In addition for the purposes of this paragraph,
25all service on the employer must be at the premises where the
26accident occurred if the premises are owned or operated by the

 

 

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1employer. Otherwise service must be at the employee's
2principal place of employment by the employer. If service on
3the employer is not possible at either of the above, then
4service shall be at the employer's principal place of
5business. After initial service in each case, service shall be
6made on the employer's attorney or designated representative.
7    (c)(1) At a reasonable time in advance of and in
8connection with the hearing under Section 19(e) or 19(h), the
9Commission may on its own motion order an impartial physical
10or mental examination of a petitioner whose mental or physical
11condition is in issue, when in the Commission's discretion it
12appears that such an examination will materially aid in the
13just determination of the case. The examination shall be made
14by a member or members of a panel of physicians chosen for
15their special qualifications by the Illinois State Medical
16Society. The Commission shall establish procedures by which a
17physician shall be selected from such list.
18    (2) Should the Commission at any time during the hearing
19find that compelling considerations make it advisable to have
20an examination and report at that time, the commission may in
21its discretion so order.
22    (3) A copy of the report of examination shall be given to
23the Commission and to the attorneys for the parties.
24    (4) Either party or the Commission may call the examining
25physician or physicians to testify. Any physician so called
26shall be subject to cross-examination.

 

 

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1    (5) The examination shall be made, and the physician or
2physicians, if called, shall testify, without cost to the
3parties. The Commission shall determine the compensation and
4the pay of the physician or physicians. The compensation for
5this service shall not exceed the usual and customary amount
6for such service.
7    (6) The fees and payment thereof of all attorneys and
8physicians for services authorized by the Commission under
9this Act shall, upon request of either the employer or the
10employee or the beneficiary affected, be subject to the review
11and decision of the Commission.
12    (d) If any employee shall persist in insanitary or
13injurious practices which tend to either imperil or retard his
14recovery or shall refuse to submit to such medical, surgical,
15or hospital treatment as is reasonably essential to promote
16his recovery, the Commission may, in its discretion, reduce or
17suspend the compensation of any such injured employee.
18However, when an employer and employee so agree in writing,
19the foregoing provision shall not be construed to authorize
20the reduction or suspension of compensation of an employee who
21is relying in good faith, on treatment by prayer or spiritual
22means alone, in accordance with the tenets and practice of a
23recognized church or religious denomination, by a duly
24accredited practitioner thereof.
25    (e) This paragraph shall apply to all hearings before the
26Commission. Such hearings may be held in its office or

 

 

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1elsewhere as the Commission may deem advisable. The taking of
2testimony on such hearings may be had before any member of the
3Commission. If a petition for review and agreed statement of
4facts or transcript of evidence is filed, as provided herein,
5the Commission shall promptly review the decision of the
6Arbitrator and all questions of law or fact which appear from
7the statement of facts or transcript of evidence.
8    In all cases in which the hearing before the arbitrator is
9held after December 18, 1989, no additional evidence shall be
10introduced by the parties before the Commission on review of
11the decision of the Arbitrator. In reviewing decisions of an
12arbitrator the Commission shall award such temporary
13compensation, permanent compensation and other payments as are
14due under this Act. The Commission shall file in its office its
15decision thereon, and shall immediately send to each party or
16his attorney a copy of such decision and a notification of the
17time when it was filed. Decisions shall be filed within 60 days
18after the Statement of Exceptions and Supporting Brief and
19Response thereto are required to be filed or oral argument
20whichever is later.
21    In the event either party requests oral argument, such
22argument shall be had before a panel of 3 members of the
23Commission (or before all available members pursuant to the
24determination of 7 members of the Commission that such
25argument be held before all available members of the
26Commission) pursuant to the rules and regulations of the

 

 

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1Commission. A panel of 3 members, which shall be comprised of
2not more than one representative citizen of the employing
3class and not more than one representative from a labor
4organization recognized under the National Labor Relations Act
5or an attorney who has represented labor organizations or has
6represented employees in workers' compensation cases, shall
7hear the argument; provided that if all the issues in dispute
8are solely the nature and extent of the permanent partial
9disability, if any, a majority of the panel may deny the
10request for such argument and such argument shall not be held;
11and provided further that 7 members of the Commission may
12determine that the argument be held before all available
13members of the Commission. A decision of the Commission shall
14be approved by a majority of Commissioners present at such
15hearing if any; provided, if no such hearing is held, a
16decision of the Commission shall be approved by a majority of a
17panel of 3 members of the Commission as described in this
18Section. The Commission shall give 10 days' notice to the
19parties or their attorneys of the time and place of such taking
20of testimony and of such argument.
21    In any case the Commission in its decision may find
22specially upon any question or questions of law or fact which
23shall be submitted in writing by either party whether ultimate
24or otherwise; provided that on issues other than nature and
25extent of the disability, if any, the Commission in its
26decision shall find specially upon any question or questions

 

 

HB4493 Enrolled- 110 -LRB102 22845 BMS 31996 b

1of law or fact, whether ultimate or otherwise, which are
2submitted in writing by either party; provided further that
3not more than 5 such questions may be submitted by either
4party. Any party may, within 20 days after receipt of notice of
5the Commission's decision, or within such further time, not
6exceeding 30 days, as the Commission may grant, file with the
7Commission either an agreed statement of the facts appearing
8upon the hearing, or, if such party shall so elect, a correct
9transcript of evidence of the additional proceedings presented
10before the Commission, in which report the party may embody a
11correct statement of such other proceedings in the case as
12such party may desire to have reviewed, such statement of
13facts or transcript of evidence to be authenticated by the
14signature of the parties or their attorneys, and in the event
15that they do not agree, then the authentication of such
16transcript of evidence shall be by the signature of any member
17of the Commission.
18    If a reporter does not for any reason furnish a transcript
19of the proceedings before the Arbitrator in any case for use on
20a hearing for review before the Commission, within the
21limitations of time as fixed in this Section, the Commission
22may, in its discretion, order a trial de novo before the
23Commission in such case upon application of either party. The
24applications for adjustment of claim and other documents in
25the nature of pleadings filed by either party, together with
26the decisions of the Arbitrator and of the Commission and the

 

 

HB4493 Enrolled- 111 -LRB102 22845 BMS 31996 b

1statement of facts or transcript of evidence hereinbefore
2provided for in paragraphs (b) and (c) shall be the record of
3the proceedings of the Commission, and shall be subject to
4review as hereinafter provided.
5    At the request of either party or on its own motion, the
6Commission shall set forth in writing the reasons for the
7decision, including findings of fact and conclusions of law
8separately stated. The Commission shall by rule adopt a format
9for written decisions for the Commission and arbitrators. The
10written decisions shall be concise and shall succinctly state
11the facts and reasons for the decision. The Commission may
12adopt in whole or in part, the decision of the arbitrator as
13the decision of the Commission. When the Commission does so
14adopt the decision of the arbitrator, it shall do so by order.
15Whenever the Commission adopts part of the arbitrator's
16decision, but not all, it shall include in the order the
17reasons for not adopting all of the arbitrator's decision.
18When a majority of a panel, after deliberation, has arrived at
19its decision, the decision shall be filed as provided in this
20Section without unnecessary delay, and without regard to the
21fact that a member of the panel has expressed an intention to
22dissent. Any member of the panel may file a dissent. Any
23dissent shall be filed no later than 10 days after the decision
24of the majority has been filed.
25    Decisions rendered by the Commission and dissents, if any,
26shall be published together by the Commission. The conclusions

 

 

HB4493 Enrolled- 112 -LRB102 22845 BMS 31996 b

1of law set out in such decisions shall be regarded as
2precedents by arbitrators for the purpose of achieving a more
3uniform administration of this Act.
4    (f) The decision of the Commission acting within its
5powers, according to the provisions of paragraph (e) of this
6Section shall, in the absence of fraud, be conclusive unless
7reviewed as in this paragraph hereinafter provided. However,
8the Arbitrator or the Commission may on his or its own motion,
9or on the motion of either party, correct any clerical error or
10errors in computation within 15 days after the date of receipt
11of any award by such Arbitrator or any decision on review of
12the Commission and shall have the power to recall the original
13award on arbitration or decision on review, and issue in lieu
14thereof such corrected award or decision. Where such
15correction is made the time for review herein specified shall
16begin to run from the date of the receipt of the corrected
17award or decision.
18        (1) Except in cases of claims against the State of
19    Illinois other than those claims under Section 18.1, in
20    which case the decision of the Commission shall not be
21    subject to judicial review, the Circuit Court of the
22    county where any of the parties defendant may be found, or
23    if none of the parties defendant can be found in this State
24    then the Circuit Court of the county where the accident
25    occurred, shall by summons to the Commission have power to
26    review all questions of law and fact presented by such

 

 

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1    record.
2        A proceeding for review shall be commenced within 20
3    days of the receipt of notice of the decision of the
4    Commission. The summons shall be issued by the clerk of
5    such court upon written request returnable on a designated
6    return day, not less than 10 or more than 60 days from the
7    date of issuance thereof, and the written request shall
8    contain the last known address of other parties in
9    interest and their attorneys of record who are to be
10    served by summons. Service upon any member of the
11    Commission or the Secretary or the Assistant Secretary
12    thereof shall be service upon the Commission, and service
13    upon other parties in interest and their attorneys of
14    record shall be by summons, and such service shall be made
15    upon the Commission and other parties in interest by
16    mailing notices of the commencement of the proceedings and
17    the return day of the summons to the office of the
18    Commission and to the last known place of residence of
19    other parties in interest or their attorney or attorneys
20    of record. The clerk of the court issuing the summons
21    shall on the day of issue mail notice of the commencement
22    of the proceedings which shall be done by mailing a copy of
23    the summons to the office of the Commission, and a copy of
24    the summons to the other parties in interest or their
25    attorney or attorneys of record and the clerk of the court
26    shall make certificate that he has so sent said notices in

 

 

HB4493 Enrolled- 114 -LRB102 22845 BMS 31996 b

1    pursuance of this Section, which shall be evidence of
2    service on the Commission and other parties in interest.
3        The Commission shall not be required to certify the
4    record of their proceedings to the Circuit Court, unless
5    the party commencing the proceedings for review in the
6    Circuit Court as above provided, shall file with the
7    Commission notice of intent to file for review in Circuit
8    Court. It shall be the duty of the Commission upon such
9    filing of notice of intent to file for review in the
10    Circuit Court to prepare a true and correct copy of such
11    testimony and a true and correct copy of all other matters
12    contained in such record and certified to by the Secretary
13    or Assistant Secretary thereof. The changes made to this
14    subdivision (f)(1) by this amendatory Act of the 98th
15    General Assembly apply to any Commission decision entered
16    after the effective date of this amendatory Act of the
17    98th General Assembly.
18        No request for a summons may be filed and no summons
19    shall issue unless the party seeking to review the
20    decision of the Commission shall exhibit to the clerk of
21    the Circuit Court proof of filing with the Commission of
22    the notice of the intent to file for review in the Circuit
23    Court or an affidavit of the attorney setting forth that
24    notice of intent to file for review in the Circuit Court
25    has been given in writing to the Secretary or Assistant
26    Secretary of the Commission.

 

 

HB4493 Enrolled- 115 -LRB102 22845 BMS 31996 b

1        (2) No such summons shall issue unless the one against
2    whom the Commission shall have rendered an award for the
3    payment of money shall upon the filing of his written
4    request for such summons file with the clerk of the court a
5    bond conditioned that if he shall not successfully
6    prosecute the review, he will pay the award and the costs
7    of the proceedings in the courts. The amount of the bond
8    shall be fixed by any member of the Commission and the
9    surety or sureties of the bond shall be approved by the
10    clerk of the court. The acceptance of the bond by the clerk
11    of the court shall constitute evidence of his approval of
12    the bond.
13        The following Every county, city, town, township,
14    incorporated village, school district, body politic or
15    municipal corporation against whom the Commission shall
16    have rendered an award for the payment of money shall not
17    be required to file a bond to secure the payment of the
18    award and the costs of the proceedings in the court to
19    authorize the court to issue such summons: .
20            (1) the State Treasurer, for a fund administered
21        by the State Treasurer ex officio against whom the
22        Commission shall have rendered an award for the
23        payment of money; and
24            (2) a county, city, town, township, incorporated
25        village, school district, body politic, or municipal
26        corporation against whom the Commission shall have

 

 

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1        rendered an award for the payment of money.
2        The court may confirm or set aside the decision of the
3    Commission. If the decision is set aside and the facts
4    found in the proceedings before the Commission are
5    sufficient, the court may enter such decision as is
6    justified by law, or may remand the cause to the
7    Commission for further proceedings and may state the
8    questions requiring further hearing, and give such other
9    instructions as may be proper. Appeals shall be taken to
10    the Appellate Court in accordance with Supreme Court Rules
11    22(g) and 303. Appeals shall be taken from the Appellate
12    Court to the Supreme Court in accordance with Supreme
13    Court Rule 315.
14        It shall be the duty of the clerk of any court
15    rendering a decision affecting or affirming an award of
16    the Commission to promptly furnish the Commission with a
17    copy of such decision, without charge.
18        The decision of a majority of the members of the panel
19    of the Commission, shall be considered the decision of the
20    Commission.
21    (g) Except in the case of a claim against the State of
22Illinois, either party may present a certified copy of the
23award of the Arbitrator, or a certified copy of the decision of
24the Commission when the same has become final, when no
25proceedings for review are pending, providing for the payment
26of compensation according to this Act, to the Circuit Court of

 

 

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1the county in which such accident occurred or either of the
2parties are residents, whereupon the court shall enter a
3judgment in accordance therewith. In a case where the employer
4refuses to pay compensation according to such final award or
5such final decision upon which such judgment is entered the
6court shall in entering judgment thereon, tax as costs against
7him the reasonable costs and attorney fees in the arbitration
8proceedings and in the court entering the judgment for the
9person in whose favor the judgment is entered, which judgment
10and costs taxed as therein provided shall, until and unless
11set aside, have the same effect as though duly entered in an
12action duly tried and determined by the court, and shall with
13like effect, be entered and docketed. The Circuit Court shall
14have power at any time upon application to make any such
15judgment conform to any modification required by any
16subsequent decision of the Supreme Court upon appeal, or as
17the result of any subsequent proceedings for review, as
18provided in this Act.
19    Judgment shall not be entered until 15 days' notice of the
20time and place of the application for the entry of judgment
21shall be served upon the employer by filing such notice with
22the Commission, which Commission shall, in case it has on file
23the address of the employer or the name and address of its
24agent upon whom notices may be served, immediately send a copy
25of the notice to the employer or such designated agent.
26    (h) An agreement or award under this Act providing for

 

 

HB4493 Enrolled- 118 -LRB102 22845 BMS 31996 b

1compensation in installments, may at any time within 18 months
2after such agreement or award be reviewed by the Commission at
3the request of either the employer or the employee, on the
4ground that the disability of the employee has subsequently
5recurred, increased, diminished or ended.
6    However, as to accidents occurring subsequent to July 1,
71955, which are covered by any agreement or award under this
8Act providing for compensation in installments made as a
9result of such accident, such agreement or award may at any
10time within 30 months, or 60 months in the case of an award
11under Section 8(d)1, after such agreement or award be reviewed
12by the Commission at the request of either the employer or the
13employee on the ground that the disability of the employee has
14subsequently recurred, increased, diminished or ended.
15    On such review, compensation payments may be
16re-established, increased, diminished or ended. The Commission
17shall give 15 days' notice to the parties of the hearing for
18review. Any employee, upon any petition for such review being
19filed by the employer, shall be entitled to one day's notice
20for each 100 miles necessary to be traveled by him in attending
21the hearing of the Commission upon the petition, and 3 days in
22addition thereto. Such employee shall, at the discretion of
23the Commission, also be entitled to 5 cents per mile
24necessarily traveled by him within the State of Illinois in
25attending such hearing, not to exceed a distance of 300 miles,
26to be taxed by the Commission as costs and deposited with the

 

 

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1petition of the employer.
2    When compensation which is payable in accordance with an
3award or settlement contract approved by the Commission, is
4ordered paid in a lump sum by the Commission, no review shall
5be had as in this paragraph mentioned.
6    (i) Each party, upon taking any proceedings or steps
7whatsoever before any Arbitrator, Commission or court, shall
8file with the Commission his address, or the name and address
9of any agent upon whom all notices to be given to such party
10shall be served, either personally or by registered mail,
11addressed to such party or agent at the last address so filed
12with the Commission. In the event such party has not filed his
13address, or the name and address of an agent as above provided,
14service of any notice may be had by filing such notice with the
15Commission.
16    (j) Whenever in any proceeding testimony has been taken or
17a final decision has been rendered and after the taking of such
18testimony or after such decision has become final, the injured
19employee dies, then in any subsequent proceedings brought by
20the personal representative or beneficiaries of the deceased
21employee, such testimony in the former proceeding may be
22introduced with the same force and effect as though the
23witness having so testified were present in person in such
24subsequent proceedings and such final decision, if any, shall
25be taken as final adjudication of any of the issues which are
26the same in both proceedings.

 

 

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1    (k) In case where there has been any unreasonable or
2vexatious delay of payment or intentional underpayment of
3compensation, or proceedings have been instituted or carried
4on by the one liable to pay the compensation, which do not
5present a real controversy, but are merely frivolous or for
6delay, then the Commission may award compensation additional
7to that otherwise payable under this Act equal to 50% of the
8amount payable at the time of such award. Failure to pay
9compensation in accordance with the provisions of Section 8,
10paragraph (b) of this Act, shall be considered unreasonable
11delay.
12    When determining whether this subsection (k) shall apply,
13the Commission shall consider whether an Arbitrator has
14determined that the claim is not compensable or whether the
15employer has made payments under Section 8(j).
16    (l) If the employee has made written demand for payment of
17benefits under Section 8(a) or Section 8(b), the employer
18shall have 14 days after receipt of the demand to set forth in
19writing the reason for the delay. In the case of demand for
20payment of medical benefits under Section 8(a), the time for
21the employer to respond shall not commence until the
22expiration of the allotted 30 days specified under Section
238.2(d). In case the employer or his or her insurance carrier
24shall without good and just cause fail, neglect, refuse, or
25unreasonably delay the payment of benefits under Section 8(a)
26or Section 8(b), the Arbitrator or the Commission shall allow

 

 

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1to the employee additional compensation in the sum of $30 per
2day for each day that the benefits under Section 8(a) or
3Section 8(b) have been so withheld or refused, not to exceed
4$10,000. A delay in payment of 14 days or more shall create a
5rebuttable presumption of unreasonable delay.
6    (m) If the commission finds that an accidental injury was
7directly and proximately caused by the employer's wilful
8violation of a health and safety standard under the Health and
9Safety Act or the Occupational Safety and Health Act in force
10at the time of the accident, the arbitrator or the Commission
11shall allow to the injured employee or his dependents, as the
12case may be, additional compensation equal to 25% of the
13amount which otherwise would be payable under the provisions
14of this Act exclusive of this paragraph. The additional
15compensation herein provided shall be allowed by an
16appropriate increase in the applicable weekly compensation
17rate.
18    (n) After June 30, 1984, decisions of the Illinois
19Workers' Compensation Commission reviewing an award of an
20arbitrator of the Commission shall draw interest at a rate
21equal to the yield on indebtedness issued by the United States
22Government with a 26-week maturity next previously auctioned
23on the day on which the decision is filed. Said rate of
24interest shall be set forth in the Arbitrator's Decision.
25Interest shall be drawn from the date of the arbitrator's
26award on all accrued compensation due the employee through the

 

 

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1day prior to the date of payments. However, when an employee
2appeals an award of an Arbitrator or the Commission, and the
3appeal results in no change or a decrease in the award,
4interest shall not further accrue from the date of such
5appeal.
6    The employer or his insurance carrier may tender the
7payments due under the award to stop the further accrual of
8interest on such award notwithstanding the prosecution by
9either party of review, certiorari, appeal to the Supreme
10Court or other steps to reverse, vacate or modify the award.
11    (o) By the 15th day of each month each insurer providing
12coverage for losses under this Act shall notify each insured
13employer of any compensable claim incurred during the
14preceding month and the amounts paid or reserved on the claim
15including a summary of the claim and a brief statement of the
16reasons for compensability. A cumulative report of all claims
17incurred during a calendar year or continued from the previous
18year shall be furnished to the insured employer by the insurer
19within 30 days after the end of that calendar year.
20    The insured employer may challenge, in proceeding before
21the Commission, payments made by the insurer without
22arbitration and payments made after a case is determined to be
23noncompensable. If the Commission finds that the case was not
24compensable, the insurer shall purge its records as to that
25employer of any loss or expense associated with the claim,
26reimburse the employer for attorneys' fees arising from the

 

 

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1challenge and for any payment required of the employer to the
2Rate Adjustment Fund or the Second Injury Fund, and may not
3reflect the loss or expense for rate making purposes. The
4employee shall not be required to refund the challenged
5payment. The decision of the Commission may be reviewed in the
6same manner as in arbitrated cases. No challenge may be
7initiated under this paragraph more than 3 years after the
8payment is made. An employer may waive the right of challenge
9under this paragraph on a case by case basis.
10    (p) After filing an application for adjustment of claim
11but prior to the hearing on arbitration the parties may
12voluntarily agree to submit such application for adjustment of
13claim for decision by an arbitrator under this subsection (p)
14where such application for adjustment of claim raises only a
15dispute over temporary total disability, permanent partial
16disability or medical expenses. Such agreement shall be in
17writing in such form as provided by the Commission.
18Applications for adjustment of claim submitted for decision by
19an arbitrator under this subsection (p) shall proceed
20according to rule as established by the Commission. The
21Commission shall promulgate rules including, but not limited
22to, rules to ensure that the parties are adequately informed
23of their rights under this subsection (p) and of the voluntary
24nature of proceedings under this subsection (p). The findings
25of fact made by an arbitrator acting within his or her powers
26under this subsection (p) in the absence of fraud shall be

 

 

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1conclusive. However, the arbitrator may on his own motion, or
2the motion of either party, correct any clerical errors or
3errors in computation within 15 days after the date of receipt
4of such award of the arbitrator and shall have the power to
5recall the original award on arbitration, and issue in lieu
6thereof such corrected award. The decision of the arbitrator
7under this subsection (p) shall be considered the decision of
8the Commission and proceedings for review of questions of law
9arising from the decision may be commenced by either party
10pursuant to subsection (f) of Section 19. The Advisory Board
11established under Section 13.1 shall compile a list of
12certified Commission arbitrators, each of whom shall be
13approved by at least 7 members of the Advisory Board. The
14chairman shall select 5 persons from such list to serve as
15arbitrators under this subsection (p). By agreement, the
16parties shall select one arbitrator from among the 5 persons
17selected by the chairman except that if the parties do not
18agree on an arbitrator from among the 5 persons, the parties
19may, by agreement, select an arbitrator of the American
20Arbitration Association, whose fee shall be paid by the State
21in accordance with rules promulgated by the Commission.
22Arbitration under this subsection (p) shall be voluntary.
23(Source: P.A. 101-384, eff. 1-1-20.)
 
24    Section 45. The Workers' Occupational Diseases Act is
25amended by changing Section 19 as follows:
 

 

 

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1    (820 ILCS 310/19)  (from Ch. 48, par. 172.54)
2    Sec. 19. Any disputed questions of law or fact shall be
3determined as herein provided.
4    (a) It shall be the duty of the Commission upon
5notification that the parties have failed to reach an
6agreement to designate an Arbitrator.
7        (1) The application for adjustment of claim filed with
8    the Commission shall state:
9            A. The approximate date of the last day of the last
10        exposure and the approximate date of the disablement.
11            B. The general nature and character of the illness
12        or disease claimed.
13            C. The name and address of the employer by whom
14        employed on the last day of the last exposure and if
15        employed by any other employer after such last
16        exposure and before disablement the name and address
17        of such other employer or employers.
18            D. In case of death, the date and place of death.
19        (2) Amendments to applications for adjustment of claim
20    which relate to the same disablement or disablement
21    resulting in death originally claimed upon may be allowed
22    by the Commissioner or an Arbitrator thereof, in their
23    discretion, and in the exercise of such discretion, they
24    may in proper cases order a trial de novo; such amendment
25    shall relate back to the date of the filing of the original

 

 

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1    application so amended.
2        (3) Whenever any claimant misconceives his remedy and
3    files an application for adjustment of claim under this
4    Act and it is subsequently discovered, at any time before
5    final disposition of such cause, that the claim for
6    disability or death which was the basis for such
7    application should properly have been made under the
8    Workers' Compensation Act, then the provisions of Section
9    19 paragraph (a-1) of the Workers' Compensation Act having
10    reference to such application shall apply.
11        Whenever any claimant misconceives his remedy and
12    files an application for adjustment of claim under the
13    Workers' Compensation Act and it is subsequently
14    discovered, at any time before final disposition of such
15    cause that the claim for injury or death which was the
16    basis for such application should properly have been made
17    under this Act, then the application so filed under the
18    Workers' Compensation Act may be amended in form,
19    substance or both to assert claim for such disability or
20    death under this Act and it shall be deemed to have been so
21    filed as amended on the date of the original filing
22    thereof, and such compensation may be awarded as is
23    warranted by the whole evidence pursuant to the provisions
24    of this Act. When such amendment is submitted, further or
25    additional evidence may be heard by the Arbitrator or
26    Commission when deemed necessary; provided, that nothing

 

 

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1    in this Section contained shall be construed to be or
2    permit a waiver of any provisions of this Act with
3    reference to notice, but notice if given shall be deemed
4    to be a notice under the provisions of this Act if given
5    within the time required herein.
6    (b) The Arbitrator shall make such inquiries and
7investigations as he shall deem necessary and may examine and
8inspect all books, papers, records, places, or premises
9relating to the questions in dispute and hear such proper
10evidence as the parties may submit.
11    The hearings before the Arbitrator shall be held in the
12vicinity where the last exposure occurred, after 10 days'
13notice of the time and place of such hearing shall have been
14given to each of the parties or their attorneys of record.
15    The Arbitrator may find that the disabling condition is
16temporary and has not yet reached a permanent condition and
17may order the payment of compensation up to the date of the
18hearing, which award shall be reviewable and enforceable in
19the same manner as other awards, and in no instance be a bar to
20a further hearing and determination of a further amount of
21temporary total compensation or of compensation for permanent
22disability, but shall be conclusive as to all other questions
23except the nature and extent of such disability.
24    The decision of the Arbitrator shall be filed with the
25Commission which Commission shall immediately send to each
26party or his attorney a copy of such decision, together with a

 

 

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1notification of the time when it was filed. As of the effective
2date of this amendatory Act of the 94th General Assembly, all
3decisions of the Arbitrator shall set forth in writing
4findings of fact and conclusions of law, separately stated, if
5requested by either party. Unless a petition for review is
6filed by either party within 30 days after the receipt by such
7party of the copy of the decision and notification of time when
8filed, and unless such party petitioning for a review shall
9within 35 days after the receipt by him of the copy of the
10decision, file with the Commission either an agreed statement
11of the facts appearing upon the hearing before the Arbitrator,
12or if such party shall so elect a correct transcript of
13evidence of the proceedings at such hearings, then the
14decision shall become the decision of the Commission and in
15the absence of fraud shall be conclusive. The Petition for
16Review shall contain a statement of the petitioning party's
17specific exceptions to the decision of the arbitrator. The
18jurisdiction of the Commission to review the decision of the
19arbitrator shall not be limited to the exceptions stated in
20the Petition for Review. The Commission, or any member
21thereof, may grant further time not exceeding 30 days, in
22which to file such agreed statement or transcript of evidence.
23Such agreed statement of facts or correct transcript of
24evidence, as the case may be, shall be authenticated by the
25signatures of the parties or their attorneys, and in the event
26they do not agree as to the correctness of the transcript of

 

 

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1evidence it shall be authenticated by the signature of the
2Arbitrator designated by the Commission.
3    Whether the employee is working or not, if the employee is
4not receiving or has not received medical, surgical, or
5hospital services or other services or compensation as
6provided in paragraph (a) of Section 8 of the Workers'
7Compensation Act, or compensation as provided in paragraph (b)
8of Section 8 of the Workers' Compensation Act, the employee
9may at any time petition for an expedited hearing by an
10Arbitrator on the issue of whether or not he or she is entitled
11to receive payment of the services or compensation. Provided
12the employer continues to pay compensation pursuant to
13paragraph (b) of Section 8 of the Workers' Compensation Act,
14the employer may at any time petition for an expedited hearing
15on the issue of whether or not the employee is entitled to
16receive medical, surgical, or hospital services or other
17services or compensation as provided in paragraph (a) of
18Section 8 of the Workers' Compensation Act, or compensation as
19provided in paragraph (b) of Section 8 of the Workers'
20Compensation Act. When an employer has petitioned for an
21expedited hearing, the employer shall continue to pay
22compensation as provided in paragraph (b) of Section 8 of the
23Workers' Compensation Act unless the arbitrator renders a
24decision that the employee is not entitled to the benefits
25that are the subject of the expedited hearing or unless the
26employee's treating physician has released the employee to

 

 

HB4493 Enrolled- 130 -LRB102 22845 BMS 31996 b

1return to work at his or her regular job with the employer or
2the employee actually returns to work at any other job. If the
3arbitrator renders a decision that the employee is not
4entitled to the benefits that are the subject of the expedited
5hearing, a petition for review filed by the employee shall
6receive the same priority as if the employee had filed a
7petition for an expedited hearing by an arbitrator. Neither
8party shall be entitled to an expedited hearing when the
9employee has returned to work and the sole issue in dispute
10amounts to less than 12 weeks of unpaid compensation pursuant
11to paragraph (b) of Section 8 of the Workers' Compensation
12Act.
13    Expedited hearings shall have priority over all other
14petitions and shall be heard by the Arbitrator and Commission
15with all convenient speed. Any party requesting an expedited
16hearing shall give notice of a request for an expedited
17hearing under this paragraph. A copy of the Application for
18Adjustment of Claim shall be attached to the notice. The
19Commission shall adopt rules and procedures under which the
20final decision of the Commission under this paragraph is filed
21not later than 180 days from the date that the Petition for
22Review is filed with the Commission.
23    Where 2 or more insurance carriers, private self-insureds,
24or a group workers' compensation pool under Article V 3/4 of
25the Illinois Insurance Code dispute coverage for the same
26disease, any such insurance carrier, private self-insured, or

 

 

HB4493 Enrolled- 131 -LRB102 22845 BMS 31996 b

1group workers' compensation pool may request an expedited
2hearing pursuant to this paragraph to determine the issue of
3coverage, provided coverage is the only issue in dispute and
4all other issues are stipulated and agreed to and further
5provided that all compensation benefits including medical
6benefits pursuant to Section 8(a) of the Workers' Compensation
7Act continue to be paid to or on behalf of petitioner. Any
8insurance carrier, private self-insured, or group workers'
9compensation pool that is determined to be liable for coverage
10for the disease in issue shall reimburse any insurance
11carrier, private self-insured, or group workers' compensation
12pool that has paid benefits to or on behalf of petitioner for
13the disease.
14    (b-1) If the employee is not receiving, pursuant to
15Section 7, medical, surgical or hospital services of the type
16provided for in paragraph (a) of Section 8 of the Workers'
17Compensation Act or compensation of the type provided for in
18paragraph (b) of Section 8 of the Workers' Compensation Act,
19the employee, in accordance with Commission Rules, may file a
20petition for an emergency hearing by an Arbitrator on the
21issue of whether or not he is entitled to receive payment of
22such compensation or services as provided therein. Such
23petition shall have priority over all other petitions and
24shall be heard by the Arbitrator and Commission with all
25convenient speed.
26    Such petition shall contain the following information and

 

 

HB4493 Enrolled- 132 -LRB102 22845 BMS 31996 b

1shall be served on the employer at least 15 days before it is
2filed:
3        (i) the date and approximate time of the last
4    exposure;
5        (ii) the approximate location of the last exposure;
6        (iii) a description of the last exposure;
7        (iv) the nature of the disability incurred by the
8    employee;
9        (v) the identity of the person, if known, to whom the
10    disability was reported and the date on which it was
11    reported;
12        (vi) the name and title of the person, if known,
13    representing the employer with whom the employee conferred
14    in any effort to obtain pursuant to Section 7 compensation
15    of the type provided for in paragraph (b) of Section 8 of
16    the Workers' Compensation Act or medical, surgical or
17    hospital services of the type provided for in paragraph
18    (a) of Section 8 of the Workers' Compensation Act and the
19    date of such conference;
20        (vii) a statement that the employer has refused to pay
21    compensation pursuant to Section 7 of the type provided
22    for in paragraph (b) of Section 8 of the Workers'
23    Compensation Act or for medical, surgical or hospital
24    services pursuant to Section 7 of the type provided for in
25    paragraph (a) of Section 8 of the Workers' Compensation
26    Act;

 

 

HB4493 Enrolled- 133 -LRB102 22845 BMS 31996 b

1        (viii) the name and address, if known, of each witness
2    to the last exposure and of each other person upon whom the
3    employee will rely to support his allegations;
4        (ix) the dates of treatment related to the disability
5    by medical practitioners, and the names and addresses of
6    such practitioners, including the dates of treatment
7    related to the disability at any hospitals and the names
8    and addresses of such hospitals, and a signed
9    authorization permitting the employer to examine all
10    medical records of all practitioners and hospitals named
11    pursuant to this paragraph;
12        (x) a copy of a signed report by a medical
13    practitioner, relating to the employee's current inability
14    to return to work because of the disability incurred as a
15    result of the exposure or such other documents or
16    affidavits which show that the employee is entitled to
17    receive pursuant to Section 7 compensation of the type
18    provided for in paragraph (b) of Section 8 of the Workers'
19    Compensation Act or medical, surgical or hospital services
20    of the type provided for in paragraph (a) of Section 8 of
21    the Workers' Compensation Act. Such reports, documents or
22    affidavits shall state, if possible, the history of the
23    exposure given by the employee, and describe the
24    disability and medical diagnosis, the medical services for
25    such disability which the employee has received and is
26    receiving, the physical activities which the employee

 

 

HB4493 Enrolled- 134 -LRB102 22845 BMS 31996 b

1    cannot currently perform as a result of such disability,
2    and the prognosis for recovery;
3        (xi) complete copies of any reports, records,
4    documents and affidavits in the possession of the employee
5    on which the employee will rely to support his
6    allegations, provided that the employer shall pay the
7    reasonable cost of reproduction thereof;
8        (xii) a list of any reports, records, documents and
9    affidavits which the employee has demanded by subpoena and
10    on which he intends to rely to support his allegations;
11        (xiii) a certification signed by the employee or his
12    representative that the employer has received the petition
13    with the required information 15 days before filing.
14    Fifteen days after receipt by the employer of the petition
15with the required information the employee may file said
16petition and required information and shall serve notice of
17the filing upon the employer. The employer may file a motion
18addressed to the sufficiency of the petition. If an objection
19has been filed to the sufficiency of the petition, the
20arbitrator shall rule on the objection within 2 working days.
21If such an objection is filed, the time for filing the final
22decision of the Commission as provided in this paragraph shall
23be tolled until the arbitrator has determined that the
24petition is sufficient.
25    The employer shall, within 15 days after receipt of the
26notice that such petition is filed, file with the Commission

 

 

HB4493 Enrolled- 135 -LRB102 22845 BMS 31996 b

1and serve on the employee or his representative a written
2response to each claim set forth in the petition, including
3the legal and factual basis for each disputed allegation and
4the following information: (i) complete copies of any reports,
5records, documents and affidavits in the possession of the
6employer on which the employer intends to rely in support of
7his response, (ii) a list of any reports, records, documents
8and affidavits which the employer has demanded by subpoena and
9on which the employer intends to rely in support of his
10response, (iii) the name and address of each witness on whom
11the employer will rely to support his response, and (iv) the
12names and addresses of any medical practitioners selected by
13the employer pursuant to Section 12 of this Act and the time
14and place of any examination scheduled to be made pursuant to
15such Section.
16    Any employer who does not timely file and serve a written
17response without good cause may not introduce any evidence to
18dispute any claim of the employee but may cross examine the
19employee or any witness brought by the employee and otherwise
20be heard.
21    No document or other evidence not previously identified by
22either party with the petition or written response, or by any
23other means before the hearing, may be introduced into
24evidence without good cause. If, at the hearing, material
25information is discovered which was not previously disclosed,
26the Arbitrator may extend the time for closing proof on the

 

 

HB4493 Enrolled- 136 -LRB102 22845 BMS 31996 b

1motion of a party for a reasonable period of time which may be
2more than 30 days. No evidence may be introduced pursuant to
3this paragraph as to permanent disability. No award may be
4entered for permanent disability pursuant to this paragraph.
5Either party may introduce into evidence the testimony taken
6by deposition of any medical practitioner.
7    The Commission shall adopt rules, regulations and
8procedures whereby the final decision of the Commission is
9filed not later than 90 days from the date the petition for
10review is filed but in no event later than 180 days from the
11date the petition for an emergency hearing is filed with the
12Illinois Workers' Compensation Commission.
13    All service required pursuant to this paragraph (b-1) must
14be by personal service or by certified mail and with evidence
15of receipt. In addition, for the purposes of this paragraph,
16all service on the employer must be at the premises where the
17accident occurred if the premises are owned or operated by the
18employer. Otherwise service must be at the employee's
19principal place of employment by the employer. If service on
20the employer is not possible at either of the above, then
21service shall be at the employer's principal place of
22business. After initial service in each case, service shall be
23made on the employer's attorney or designated representative.
24    (c)(1) At a reasonable time in advance of and in
25connection with the hearing under Section 19(e) or 19(h), the
26Commission may on its own motion order an impartial physical

 

 

HB4493 Enrolled- 137 -LRB102 22845 BMS 31996 b

1or mental examination of a petitioner whose mental or physical
2condition is in issue, when in the Commission's discretion it
3appears that such an examination will materially aid in the
4just determination of the case. The examination shall be made
5by a member or members of a panel of physicians chosen for
6their special qualifications by the Illinois State Medical
7Society. The Commission shall establish procedures by which a
8physician shall be selected from such list.
9    (2) Should the Commission at any time during the hearing
10find that compelling considerations make it advisable to have
11an examination and report at that time, the Commission may in
12its discretion so order.
13    (3) A copy of the report of examination shall be given to
14the Commission and to the attorneys for the parties.
15    (4) Either party or the Commission may call the examining
16physician or physicians to testify. Any physician so called
17shall be subject to cross-examination.
18    (5) The examination shall be made, and the physician or
19physicians, if called, shall testify, without cost to the
20parties. The Commission shall determine the compensation and
21the pay of the physician or physicians. The compensation for
22this service shall not exceed the usual and customary amount
23for such service.
24    The fees and payment thereof of all attorneys and
25physicians for services authorized by the Commission under
26this Act shall, upon request of either the employer or the

 

 

HB4493 Enrolled- 138 -LRB102 22845 BMS 31996 b

1employee or the beneficiary affected, be subject to the review
2and decision of the Commission.
3    (d) If any employee shall persist in insanitary or
4injurious practices which tend to either imperil or retard his
5recovery or shall refuse to submit to such medical, surgical,
6or hospital treatment as is reasonably essential to promote
7his recovery, the Commission may, in its discretion, reduce or
8suspend the compensation of any such employee; provided, that
9when an employer and employee so agree in writing, the
10foregoing provision shall not be construed to authorize the
11reduction or suspension of compensation of an employee who is
12relying in good faith, on treatment by prayer or spiritual
13means alone, in accordance with the tenets and practice of a
14recognized church or religious denomination, by a duly
15accredited practitioner thereof.
16    (e) This paragraph shall apply to all hearings before the
17Commission. Such hearings may be held in its office or
18elsewhere as the Commission may deem advisable. The taking of
19testimony on such hearings may be had before any member of the
20Commission. If a petition for review and agreed statement of
21facts or transcript of evidence is filed, as provided herein,
22the Commission shall promptly review the decision of the
23Arbitrator and all questions of law or fact which appear from
24the statement of facts or transcripts of evidence. In all
25cases in which the hearing before the arbitrator is held after
26the effective date of this amendatory Act of 1989, no

 

 

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1additional evidence shall be introduced by the parties before
2the Commission on review of the decision of the Arbitrator.
3The Commission shall file in its office its decision thereon,
4and shall immediately send to each party or his attorney a copy
5of such decision and a notification of the time when it was
6filed. Decisions shall be filed within 60 days after the
7Statement of Exceptions and Supporting Brief and Response
8thereto are required to be filed or oral argument whichever is
9later.
10    In the event either party requests oral argument, such
11argument shall be had before a panel of 3 members of the
12Commission (or before all available members pursuant to the
13determination of 7 members of the Commission that such
14argument be held before all available members of the
15Commission) pursuant to the rules and regulations of the
16Commission. A panel of 3 members, which shall be comprised of
17not more than one representative citizen of the employing
18class and not more than one representative from a labor
19organization recognized under the National Labor Relations Act
20or an attorney who has represented labor organizations or has
21represented employees in workers' compensation cases, shall
22hear the argument; provided that if all the issues in dispute
23are solely the nature and extent of the permanent partial
24disability, if any, a majority of the panel may deny the
25request for such argument and such argument shall not be held;
26and provided further that 7 members of the Commission may

 

 

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1determine that the argument be held before all available
2members of the Commission. A decision of the Commission shall
3be approved by a majority of Commissioners present at such
4hearing if any; provided, if no such hearing is held, a
5decision of the Commission shall be approved by a majority of a
6panel of 3 members of the Commission as described in this
7Section. The Commission shall give 10 days' notice to the
8parties or their attorneys of the time and place of such taking
9of testimony and of such argument.
10    In any case the Commission in its decision may in its
11discretion find specially upon any question or questions of
12law or facts which shall be submitted in writing by either
13party whether ultimate or otherwise; provided that on issues
14other than nature and extent of the disablement, if any, the
15Commission in its decision shall find specially upon any
16question or questions of law or fact, whether ultimate or
17otherwise, which are submitted in writing by either party;
18provided further that not more than 5 such questions may be
19submitted by either party. Any party may, within 20 days after
20receipt of notice of the Commission's decision, or within such
21further time, not exceeding 30 days, as the Commission may
22grant, file with the Commission either an agreed statement of
23the facts appearing upon the hearing, or, if such party shall
24so elect, a correct transcript of evidence of the additional
25proceedings presented before the Commission in which report
26the party may embody a correct statement of such other

 

 

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1proceedings in the case as such party may desire to have
2reviewed, such statement of facts or transcript of evidence to
3be authenticated by the signature of the parties or their
4attorneys, and in the event that they do not agree, then the
5authentication of such transcript of evidence shall be by the
6signature of any member of the Commission.
7    If a reporter does not for any reason furnish a transcript
8of the proceedings before the Arbitrator in any case for use on
9a hearing for review before the Commission, within the
10limitations of time as fixed in this Section, the Commission
11may, in its discretion, order a trial de novo before the
12Commission in such case upon application of either party. The
13applications for adjustment of claim and other documents in
14the nature of pleadings filed by either party, together with
15the decisions of the Arbitrator and of the Commission and the
16statement of facts or transcript of evidence hereinbefore
17provided for in paragraphs (b) and (c) shall be the record of
18the proceedings of the Commission, and shall be subject to
19review as hereinafter provided.
20    At the request of either party or on its own motion, the
21Commission shall set forth in writing the reasons for the
22decision, including findings of fact and conclusions of law,
23separately stated. The Commission shall by rule adopt a format
24for written decisions for the Commission and arbitrators. The
25written decisions shall be concise and shall succinctly state
26the facts and reasons for the decision. The Commission may

 

 

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1adopt in whole or in part, the decision of the arbitrator as
2the decision of the Commission. When the Commission does so
3adopt the decision of the arbitrator, it shall do so by order.
4Whenever the Commission adopts part of the arbitrator's
5decision, but not all, it shall include in the order the
6reasons for not adopting all of the arbitrator's decision.
7When a majority of a panel, after deliberation, has arrived at
8its decision, the decision shall be filed as provided in this
9Section without unnecessary delay, and without regard to the
10fact that a member of the panel has expressed an intention to
11dissent. Any member of the panel may file a dissent. Any
12dissent shall be filed no later than 10 days after the decision
13of the majority has been filed.
14    Decisions rendered by the Commission after the effective
15date of this amendatory Act of 1980 and dissents, if any, shall
16be published together by the Commission. The conclusions of
17law set out in such decisions shall be regarded as precedents
18by arbitrators, for the purpose of achieving a more uniform
19administration of this Act.
20    (f) The decision of the Commission acting within its
21powers, according to the provisions of paragraph (e) of this
22Section shall, in the absence of fraud, be conclusive unless
23reviewed as in this paragraph hereinafter provided. However,
24the Arbitrator or the Commission may on his or its own motion,
25or on the motion of either party, correct any clerical error or
26errors in computation within 15 days after the date of receipt

 

 

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1of any award by such Arbitrator or any decision on review of
2the Commission, and shall have the power to recall the
3original award on arbitration or decision on review, and issue
4in lieu thereof such corrected award or decision. Where such
5correction is made the time for review herein specified shall
6begin to run from the date of the receipt of the corrected
7award or decision.
8        (1) Except in cases of claims against the State of
9    Illinois, in which case the decision of the Commission
10    shall not be subject to judicial review, the Circuit Court
11    of the county where any of the parties defendant may be
12    found, or if none of the parties defendant be found in this
13    State then the Circuit Court of the county where any of the
14    exposure occurred, shall by summons to the Commission have
15    power to review all questions of law and fact presented by
16    such record.
17        A proceeding for review shall be commenced within 20
18    days of the receipt of notice of the decision of the
19    Commission. The summons shall be issued by the clerk of
20    such court upon written request returnable on a designated
21    return day, not less than 10 or more than 60 days from the
22    date of issuance thereof, and the written request shall
23    contain the last known address of other parties in
24    interest and their attorneys of record who are to be
25    served by summons. Service upon any member of the
26    Commission or the Secretary or the Assistant Secretary

 

 

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1    thereof shall be service upon the Commission, and service
2    upon other parties in interest and their attorneys of
3    record shall be by summons, and such service shall be made
4    upon the Commission and other parties in interest by
5    mailing notices of the commencement of the proceedings and
6    the return day of the summons to the office of the
7    Commission and to the last known place of residence of
8    other parties in interest or their attorney or attorneys
9    of record. The clerk of the court issuing the summons
10    shall on the day of issue mail notice of the commencement
11    of the proceedings which shall be done by mailing a copy of
12    the summons to the office of the Commission, and a copy of
13    the summons to the other parties in interest or their
14    attorney or attorneys of record and the clerk of the court
15    shall make certificate that he has so sent such notices in
16    pursuance of this Section, which shall be evidence of
17    service on the Commission and other parties in interest.
18        The Commission shall not be required to certify the
19    record of their proceedings in the Circuit Court unless
20    the party commencing the proceedings for review in the
21    Circuit Court as above provided, shall file with the
22    Commission notice of intent to file for review in Circuit
23    Court. It shall be the duty of the Commission upon such
24    filing of notice of intent to file for review in Circuit
25    Court to prepare a true and correct copy of such testimony
26    and a true and correct copy of all other matters contained

 

 

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1    in such record and certified to by the Secretary or
2    Assistant Secretary thereof. The changes made to this
3    subdivision (f)(1) by this amendatory Act of the 98th
4    General Assembly apply to any Commission decision entered
5    after the effective date of this amendatory Act of the
6    98th General Assembly.
7        No request for a summons may be filed and no summons
8    shall issue unless the party seeking to review the
9    decision of the Commission shall exhibit to the clerk of
10    the Circuit Court proof of filing with the Commission of
11    the notice of the intent to file for review in the Circuit
12    Court or an affidavit of the attorney setting forth that
13    notice of intent to file for review in Circuit Court has
14    been given in writing to the Secretary or Assistant
15    Secretary of the Commission.
16        (2) No such summons shall issue unless the one against
17    whom the Commission shall have rendered an award for the
18    payment of money shall upon the filing of his written
19    request for such summons file with the clerk of the court a
20    bond conditioned that if he shall not successfully
21    prosecute the review, he will pay the award and the costs
22    of the proceedings in the court. The amount of the bond
23    shall be fixed by any member of the Commission and the
24    surety or sureties of the bond shall be approved by the
25    clerk of the court. The acceptance of the bond by the clerk
26    of the court shall constitute evidence of his approval of

 

 

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1    the bond.
2        The following Every county, city, town, township,
3    incorporated village, school district, body politic or
4    municipal corporation having a population of 500,000 or
5    more against whom the Commission shall have rendered an
6    award for the payment of money shall not be required to
7    file a bond to secure the payment of the award and the
8    costs of the proceedings in the court to authorize the
9    court to issue such summons: .
10            (1) the State Treasurer, for a fund administered
11        by the State Treasurer ex officio against whom the
12        Commission shall have rendered an award for the
13        payment of money; and
14            (2) a county, city, town, township, incorporated
15        village, school district, body politic, or municipal
16        corporation having a population of 500,000 or more
17        against whom the Commission shall have rendered an
18        award for the payment of money.
19        The court may confirm or set aside the decision of the
20    Commission. If the decision is set aside and the facts
21    found in the proceedings before the Commission are
22    sufficient, the court may enter such decision as is
23    justified by law, or may remand the cause to the
24    Commission for further proceedings and may state the
25    questions requiring further hearing, and give such other
26    instructions as may be proper. Appeals shall be taken to

 

 

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1    the Appellate Court in accordance with Supreme Court Rules
2    22(g) and 303. Appeals shall be taken from the Appellate
3    Court to the Supreme Court in accordance with Supreme
4    Court Rule 315.
5        It shall be the duty of the clerk of any court
6    rendering a decision affecting or affirming an award of
7    the Commission to promptly furnish the Commission with a
8    copy of such decision, without charge.
9        The decision of a majority of the members of the panel
10    of the Commission, shall be considered the decision of the
11    Commission.
12    (g) Except in the case of a claim against the State of
13Illinois, either party may present a certified copy of the
14award of the Arbitrator, or a certified copy of the decision of
15the Commission when the same has become final, when no
16proceedings for review are pending, providing for the payment
17of compensation according to this Act, to the Circuit Court of
18the county in which such exposure occurred or either of the
19parties are residents, whereupon the court shall enter a
20judgment in accordance therewith. In case where the employer
21refuses to pay compensation according to such final award or
22such final decision upon which such judgment is entered, the
23court shall in entering judgment thereon, tax as costs against
24him the reasonable costs and attorney fees in the arbitration
25proceedings and in the court entering the judgment for the
26person in whose favor the judgment is entered, which judgment

 

 

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1and costs taxed as herein provided shall, until and unless set
2aside, have the same effect as though duly entered in an action
3duly tried and determined by the court, and shall with like
4effect, be entered and docketed. The Circuit Court shall have
5power at any time upon application to make any such judgment
6conform to any modification required by any subsequent
7decision of the Supreme Court upon appeal, or as the result of
8any subsequent proceedings for review, as provided in this
9Act.
10    Judgment shall not be entered until 15 days' notice of the
11time and place of the application for the entry of judgment
12shall be served upon the employer by filing such notice with
13the Commission, which Commission shall, in case it has on file
14the address of the employer or the name and address of its
15agent upon whom notices may be served, immediately send a copy
16of the notice to the employer or such designated agent.
17    (h) An agreement or award under this Act providing for
18compensation in installments, may at any time within 18 months
19after such agreement or award be reviewed by the Commission at
20the request of either the employer or the employee on the
21ground that the disability of the employee has subsequently
22recurred, increased, diminished or ended.
23    However, as to disablements occurring subsequently to July
241, 1955, which are covered by any agreement or award under this
25Act providing for compensation in installments made as a
26result of such disablement, such agreement or award may at any

 

 

HB4493 Enrolled- 149 -LRB102 22845 BMS 31996 b

1time within 30 months after such agreement or award be
2reviewed by the Commission at the request of either the
3employer or the employee on the ground that the disability of
4the employee has subsequently recurred, increased, diminished
5or ended.
6    On such review compensation payments may be
7re-established, increased, diminished or ended. The Commission
8shall give 15 days' notice to the parties of the hearing for
9review. Any employee, upon any petition for such review being
10filed by the employer, shall be entitled to one day's notice
11for each 100 miles necessary to be traveled by him in attending
12the hearing of the Commission upon the petition, and 3 days in
13addition thereto. Such employee shall, at the discretion of
14the Commission, also be entitled to 5 cents per mile
15necessarily traveled by him within the State of Illinois in
16attending such hearing, not to exceed a distance of 300 miles,
17to be taxed by the Commission as costs and deposited with the
18petition of the employer.
19    When compensation which is payable in accordance with an
20award or settlement contract approved by the Commission, is
21ordered paid in a lump sum by the Commission, no review shall
22be had as in this paragraph mentioned.
23    (i) Each party, upon taking any proceedings or steps
24whatsoever before any Arbitrator, Commission or court, shall
25file with the Commission his address, or the name and address
26of any agent upon whom all notices to be given to such party

 

 

HB4493 Enrolled- 150 -LRB102 22845 BMS 31996 b

1shall be served, either personally or by registered mail,
2addressed to such party or agent at the last address so filed
3with the Commission. In the event such party has not filed his
4address, or the name and address of an agent as above provided,
5service of any notice may be had by filing such notice with the
6Commission.
7    (j) Whenever in any proceeding testimony has been taken or
8a final decision has been rendered, and after the taking of
9such testimony or after such decision has become final, the
10employee dies, then in any subsequent proceeding brought by
11the personal representative or beneficiaries of the deceased
12employee, such testimony in the former proceeding may be
13introduced with the same force and effect as though the
14witness having so testified were present in person in such
15subsequent proceedings and such final decision, if any, shall
16be taken as final adjudication of any of the issues which are
17the same in both proceedings.
18    (k) In any case where there has been any unreasonable or
19vexatious delay of payment or intentional underpayment of
20compensation, or proceedings have been instituted or carried
21on by one liable to pay the compensation, which do not present
22a real controversy, but are merely frivolous or for delay,
23then the Commission may award compensation additional to that
24otherwise payable under this Act equal to 50% of the amount
25payable at the time of such award. Failure to pay compensation
26in accordance with the provisions of Section 8, paragraph (b)

 

 

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1of this Act, shall be considered unreasonable delay.
2    When determining whether this subsection (k) shall apply,
3the Commission shall consider whether an arbitrator has
4determined that the claim is not compensable or whether the
5employer has made payments under Section 8(j) of the Workers'
6Compensation Act.
7    (k-1) If the employee has made written demand for payment
8of benefits under Section 8(a) or Section 8(b) of the Workers'
9Compensation Act, the employer shall have 14 days after
10receipt of the demand to set forth in writing the reason for
11the delay. In the case of demand for payment of medical
12benefits under Section 8(a) of the Workers' Compensation Act,
13the time for the employer to respond shall not commence until
14the expiration of the allotted 60 days specified under Section
158.2(d) of the Workers' Compensation Act. In case the employer
16or his or her insurance carrier shall without good and just
17cause fail, neglect, refuse, or unreasonably delay the payment
18of benefits under Section 8(a) or Section 8(b) of the Workers'
19Compensation Act, the Arbitrator or the Commission shall allow
20to the employee additional compensation in the sum of $30 per
21day for each day that the benefits under Section 8(a) or
22Section 8(b) of the Workers' Compensation Act have been so
23withheld or refused, not to exceed $10,000. A delay in payment
24of 14 days or more shall create a rebuttable presumption of
25unreasonable delay.
26    (l) By the 15th day of each month each insurer providing

 

 

HB4493 Enrolled- 152 -LRB102 22845 BMS 31996 b

1coverage for losses under this Act shall notify each insured
2employer of any compensable claim incurred during the
3preceding month and the amounts paid or reserved on the claim
4including a summary of the claim and a brief statement of the
5reasons for compensability. A cumulative report of all claims
6incurred during a calendar year or continued from the previous
7year shall be furnished to the insured employer by the insurer
8within 30 days after the end of that calendar year.
9    The insured employer may challenge, in proceeding before
10the Commission, payments made by the insurer without
11arbitration and payments made after a case is determined to be
12noncompensable. If the Commission finds that the case was not
13compensable, the insurer shall purge its records as to that
14employer of any loss or expense associated with the claim,
15reimburse the employer for attorneys fee arising from the
16challenge and for any payment required of the employer to the
17Rate Adjustment Fund or the Second Injury Fund, and may not
18effect the loss or expense for rate making purposes. The
19employee shall not be required to refund the challenged
20payment. The decision of the Commission may be reviewed in the
21same manner as in arbitrated cases. No challenge may be
22initiated under this paragraph more than 3 years after the
23payment is made. An employer may waive the right of challenge
24under this paragraph on a case by case basis.
25    (m) After filing an application for adjustment of claim
26but prior to the hearing on arbitration the parties may

 

 

HB4493 Enrolled- 153 -LRB102 22845 BMS 31996 b

1voluntarily agree to submit such application for adjustment of
2claim for decision by an arbitrator under this subsection (m)
3where such application for adjustment of claim raises only a
4dispute over temporary total disability, permanent partial
5disability or medical expenses. Such agreement shall be in
6writing in such form as provided by the Commission.
7Applications for adjustment of claim submitted for decision by
8an arbitrator under this subsection (m) shall proceed
9according to rule as established by the Commission. The
10Commission shall promulgate rules including, but not limited
11to, rules to ensure that the parties are adequately informed
12of their rights under this subsection (m) and of the voluntary
13nature of proceedings under this subsection (m). The findings
14of fact made by an arbitrator acting within his or her powers
15under this subsection (m) in the absence of fraud shall be
16conclusive. However, the arbitrator may on his own motion, or
17the motion of either party, correct any clerical errors or
18errors in computation within 15 days after the date of receipt
19of such award of the arbitrator and shall have the power to
20recall the original award on arbitration, and issue in lieu
21thereof such corrected award. The decision of the arbitrator
22under this subsection (m) shall be considered the decision of
23the Commission and proceedings for review of questions of law
24arising from the decision may be commenced by either party
25pursuant to subsection (f) of Section 19. The Advisory Board
26established under Section 13.1 of the Workers' Compensation

 

 

HB4493 Enrolled- 154 -LRB102 22845 BMS 31996 b

1Act shall compile a list of certified Commission arbitrators,
2each of whom shall be approved by at least 7 members of the
3Advisory Board. The chairman shall select 5 persons from such
4list to serve as arbitrators under this subsection (m). By
5agreement, the parties shall select one arbitrator from among
6the 5 persons selected by the chairman except, that if the
7parties do not agree on an arbitrator from among the 5 persons,
8the parties may, by agreement, select an arbitrator of the
9American Arbitration Association, whose fee shall be paid by
10the State in accordance with rules promulgated by the
11Commission. Arbitration under this subsection (m) shall be
12voluntary.
13(Source: P.A. 101-384, eff. 1-1-20.)
 
14    Section 50. The Unemployment Insurance Act is amended by
15changing Section 1900 as follows:
 
16    (820 ILCS 405/1900)  (from Ch. 48, par. 640)
17    Sec. 1900. Disclosure of information.
18    A. Except as provided in this Section, information
19obtained from any individual or employing unit during the
20administration of this Act shall:
21        1. be confidential,
22        2. not be published or open to public inspection,
23        3. not be used in any court in any pending action or
24    proceeding,

 

 

HB4493 Enrolled- 155 -LRB102 22845 BMS 31996 b

1        4. not be admissible in evidence in any action or
2    proceeding other than one arising out of this Act.
3    B. No finding, determination, decision, ruling, or order
4(including any finding of fact, statement or conclusion made
5therein) issued pursuant to this Act shall be admissible or
6used in evidence in any action other than one arising out of
7this Act, nor shall it be binding or conclusive except as
8provided in this Act, nor shall it constitute res judicata,
9regardless of whether the actions were between the same or
10related parties or involved the same facts.
11    C. Any officer or employee of this State, any officer or
12employee of any entity authorized to obtain information
13pursuant to this Section, and any agent of this State or of
14such entity who, except with authority of the Director under
15this Section or as authorized pursuant to subsection P-1,
16shall disclose information shall be guilty of a Class B
17misdemeanor and shall be disqualified from holding any
18appointment or employment by the State.
19    D. An individual or his duly authorized agent may be
20supplied with information from records only to the extent
21necessary for the proper presentation of his claim for
22benefits or with his existing or prospective rights to
23benefits. Discretion to disclose this information belongs
24solely to the Director and is not subject to a release or
25waiver by the individual. Notwithstanding any other provision
26to the contrary, an individual or his or her duly authorized

 

 

HB4493 Enrolled- 156 -LRB102 22845 BMS 31996 b

1agent may be supplied with a statement of the amount of
2benefits paid to the individual during the 18 months preceding
3the date of his or her request.
4    E. An employing unit may be furnished with information,
5only if deemed by the Director as necessary to enable it to
6fully discharge its obligations or safeguard its rights under
7the Act. Discretion to disclose this information belongs
8solely to the Director and is not subject to a release or
9waiver by the employing unit.
10    F. The Director may furnish any information that he may
11deem proper to any public officer or public agency of this or
12any other State or of the federal government dealing with:
13        1. the administration of relief,
14        2. public assistance,
15        3. unemployment compensation,
16        4. a system of public employment offices,
17        5. wages and hours of employment, or
18        6. a public works program.
19    The Director may make available to the Illinois Workers'
20Compensation Commission or the Department of Insurance
21information regarding employers for the purpose of verifying
22the insurance coverage required under the Workers'
23Compensation Act and Workers' Occupational Diseases Act.
24    G. The Director may disclose information submitted by the
25State or any of its political subdivisions, municipal
26corporations, instrumentalities, or school or community

 

 

HB4493 Enrolled- 157 -LRB102 22845 BMS 31996 b

1college districts, except for information which specifically
2identifies an individual claimant.
3    H. The Director shall disclose only that information
4required to be disclosed under Section 303 of the Social
5Security Act, as amended, including:
6        1. any information required to be given the United
7    States Department of Labor under Section 303(a)(6); and
8        2. the making available upon request to any agency of
9    the United States charged with the administration of
10    public works or assistance through public employment, the
11    name, address, ordinary occupation, and employment status
12    of each recipient of unemployment compensation, and a
13    statement of such recipient's right to further
14    compensation under such law as required by Section
15    303(a)(7); and
16        3. records to make available to the Railroad
17    Retirement Board as required by Section 303(c)(1); and
18        4. information that will assure reasonable cooperation
19    with every agency of the United States charged with the
20    administration of any unemployment compensation law as
21    required by Section 303(c)(2); and
22        5. information upon request and on a reimbursable
23    basis to the United States Department of Agriculture and
24    to any State food stamp agency concerning any information
25    required to be furnished by Section 303(d); and
26        6. any wage information upon request and on a

 

 

HB4493 Enrolled- 158 -LRB102 22845 BMS 31996 b

1    reimbursable basis to any State or local child support
2    enforcement agency required by Section 303(e); and
3        7. any information required under the income
4    eligibility and verification system as required by Section
5    303(f); and
6        8. information that might be useful in locating an
7    absent parent or that parent's employer, establishing
8    paternity or establishing, modifying, or enforcing child
9    support orders for the purpose of a child support
10    enforcement program under Title IV of the Social Security
11    Act upon the request of and on a reimbursable basis to the
12    public agency administering the Federal Parent Locator
13    Service as required by Section 303(h); and
14        9. information, upon request, to representatives of
15    any federal, State, or local governmental public housing
16    agency with respect to individuals who have signed the
17    appropriate consent form approved by the Secretary of
18    Housing and Urban Development and who are applying for or
19    participating in any housing assistance program
20    administered by the United States Department of Housing
21    and Urban Development as required by Section 303(i).
22    I. The Director, upon the request of a public agency of
23Illinois, of the federal government, or of any other state
24charged with the investigation or enforcement of Section 10-5
25of the Criminal Code of 2012 (or a similar federal law or
26similar law of another State), may furnish the public agency

 

 

HB4493 Enrolled- 159 -LRB102 22845 BMS 31996 b

1information regarding the individual specified in the request
2as to:
3        1. the current or most recent home address of the
4    individual, and
5        2. the names and addresses of the individual's
6    employers.
7    J. Nothing in this Section shall be deemed to interfere
8with the disclosure of certain records as provided for in
9Section 1706 or with the right to make available to the
10Internal Revenue Service of the United States Department of
11the Treasury, or the Department of Revenue of the State of
12Illinois, information obtained under this Act. With respect to
13each benefit claim that appears to have been filed other than
14by the individual in whose name the claim was filed or by the
15individual's authorized agent and with respect to which
16benefits were paid during the prior calendar year, the
17Director shall annually report to the Department of Revenue
18information that is in the Director's possession and may
19assist in avoiding negative income tax consequences for the
20individual in whose name the claim was filed.
21    K. The Department shall make available to the Illinois
22Student Assistance Commission, upon request, information in
23the possession of the Department that may be necessary or
24useful to the Commission in the collection of defaulted or
25delinquent student loans which the Commission administers.
26    L. The Department shall make available to the State

 

 

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1Employees' Retirement System, the State Universities
2Retirement System, the Teachers' Retirement System of the
3State of Illinois, and the Department of Central Management
4Services, Risk Management Division, upon request, information
5in the possession of the Department that may be necessary or
6useful to the System or the Risk Management Division for the
7purpose of determining whether any recipient of a disability
8benefit from the System or a workers' compensation benefit
9from the Risk Management Division is gainfully employed.
10    M. This Section shall be applicable to the information
11obtained in the administration of the State employment
12service, except that the Director may publish or release
13general labor market information and may furnish information
14that he may deem proper to an individual, public officer, or
15public agency of this or any other State or the federal
16government (in addition to those public officers or public
17agencies specified in this Section) as he prescribes by Rule.
18    N. The Director may require such safeguards as he deems
19proper to insure that information disclosed pursuant to this
20Section is used only for the purposes set forth in this
21Section.
22    O. Nothing in this Section prohibits communication with an
23individual or entity through unencrypted e-mail or other
24unencrypted electronic means as long as the communication does
25not contain the individual's or entity's name in combination
26with any one or more of the individual's or entity's entire or

 

 

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1partial social security number; driver's license or State
2identification number; credit or debit card number; or any
3required security code, access code, or password that would
4permit access to further information pertaining to the
5individual or entity.
6    P. (Blank).
7    P-1. With the express written consent of a claimant or
8employing unit and an agreement not to publicly disclose, the
9Director shall provide requested information related to a
10claim to an elected official performing constituent services
11or his or her agent.
12    Q. The Director shall make available to an elected federal
13official the name and address of an individual or entity that
14is located within the jurisdiction from which the official was
15elected and that, for the most recently completed calendar
16year, has reported to the Department as paying wages to
17workers, where the information will be used in connection with
18the official duties of the official and the official requests
19the information in writing, specifying the purposes for which
20it will be used. For purposes of this subsection, the use of
21information in connection with the official duties of an
22official does not include use of the information in connection
23with the solicitation of contributions or expenditures, in
24money or in kind, to or on behalf of a candidate for public or
25political office or a political party or with respect to a
26public question, as defined in Section 1-3 of the Election

 

 

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1Code, or in connection with any commercial solicitation. Any
2elected federal official who, in submitting a request for
3information covered by this subsection, knowingly makes a
4false statement or fails to disclose a material fact, with the
5intent to obtain the information for a purpose not authorized
6by this subsection, shall be guilty of a Class B misdemeanor.
7    R. The Director may provide to any State or local child
8support agency, upon request and on a reimbursable basis,
9information that might be useful in locating an absent parent
10or that parent's employer, establishing paternity, or
11establishing, modifying, or enforcing child support orders.
12    S. The Department shall make available to a State's
13Attorney of this State or a State's Attorney's investigator,
14upon request, the current address or, if the current address
15is unavailable, current employer information, if available, of
16a victim of a felony or a witness to a felony or a person
17against whom an arrest warrant is outstanding.
18    T. The Director shall make available to the Illinois State
19Police, a county sheriff's office, or a municipal police
20department, upon request, any information concerning the
21current address and place of employment or former places of
22employment of a person who is required to register as a sex
23offender under the Sex Offender Registration Act that may be
24useful in enforcing the registration provisions of that Act.
25    U. The Director shall make information available to the
26Department of Healthcare and Family Services and the

 

 

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1Department of Human Services for the purpose of determining
2eligibility for public benefit programs authorized under the
3Illinois Public Aid Code and related statutes administered by
4those departments, for verifying sources and amounts of
5income, and for other purposes directly connected with the
6administration of those programs.
7    V. The Director shall make information available to the
8State Board of Elections as may be required by an agreement the
9State Board of Elections has entered into with a multi-state
10voter registration list maintenance system.
11    W. The Director shall make information available to the
12State Treasurer's office and the Department of Revenue for the
13purpose of facilitating compliance with the Illinois Secure
14Choice Savings Program Act, including employer contact
15information for employers with 25 or more employees and any
16other information the Director deems appropriate that is
17directly related to the administration of this program.
18    X. The Director shall make information available, upon
19request, to the Illinois Student Assistance Commission for the
20purpose of determining eligibility for the adult vocational
21community college scholarship program under Section 65.105 of
22the Higher Education Student Assistance Act.
23    Y. Except as required under State or federal law, or
24unless otherwise provided for in this Section, the Department
25shall not disclose an individual's entire social security
26number in any correspondence physically mailed to an

 

 

HB4493 Enrolled- 164 -LRB102 22845 BMS 31996 b

1individual or entity.
2(Source: P.A. 101-315, eff. 1-1-20; 102-26, eff. 6-25-21;
3102-538, eff. 8-20-21; revised 11-8-21.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.