SB1414 99TH GENERAL ASSEMBLY

LRB099 08594 MLM 28756 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1414

Introduced 2/20/2015, by Sen. Jacqueline Y. Collins

SYNOPSIS AS INTRODUCED:

215 ILCS 121/5
215 ILCS 121/45
215 ILCS 121/50 new
215 ILCS 121/55 new
215 ILCS 121/60 new
30 ILCS 105/5.866 new

Amends the Navigator Certification Act. Requires that the Department of Insurance levy an assessment on all insurers offering minimum essential coverage under the federal Patient Protection and Affordable Care Act totaling $35,000,000. An insurer's assessment shall be determined by multiplying the total assessment by a fraction, the numerator of which equals that insurer's direct Illinois premiums during the preceding calendar year for plans offering minimum essential coverage and the denominator of which equals the total of all insurers' direct Illinois premiums for plans offering minimum essential coverage. Provides that the assessment shall be deposited into the Navigator Fund and used, subject to appropriation by the General Assembly and distribution by the Director of Public Health, for the purposes of administration of the Navigator program, which includes, but is not limited to, grants awarded to certified navigators, certification and training as mandated by the Act, and other essential functions of the Navigator program. Amends the State Finance Act. Creates the Navigator Fund as a special fund in the State treasury. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Navigator Certification Act is amended by changing Sections 5 and 45 and by adding Sections 50, 55, and 60 as follows:

(215 ILCS 121/5)

Sec. 5. Definitions. As used in this Act:

"Certified application counselor" has the same meaning as in federal regulations and guidelines.

"Director" means the Director of Insurance.

"Direct Illinois premiums" has the same meaning ascribed to it in Section 2 of the Comprehensive Health Insurance Plan Act.

"Exchange" means any health benefit exchange established or operating in this State, including any exchange established or operated by the United States Department of Health and Human Services.

"Insurer" has the same meaning ascribed to it in Section 2 of the Comprehensive Health Insurance Plan Act.

"Minimum essential coverage" means a health insurance plan defined in Section 1501 of the federal Patient Protection and Affordable Care Act that is issued by an insurer. "Minimum essential coverage" does not include:

(1) coverage only for accidents, or disability income insurance, or any combination thereof;

(2) coverage issued as a supplement to liability insurance;

(3) liability insurance, including general liability insurance and automobile liability insurance;

(4) workers' compensation or similar insurance;

(5) automobile medical payment insurance;

(6) credit-only insurance;

(7) coverage for on-site medical clinics; or

(8) other similar insurance coverage, specified in rules, under which benefits for medical care are secondary or incidental to other insurance benefits.

"Navigator" means a person or entity selected to perform the activities and duties identified in 42 U.S.C. 18031(i) in this State. "Navigator" includes any person or entity who receives grant funds from the United States Department of Health and Human Services, the State of Illinois, or an exchange or private funds to perform any of the activities and duties identified in 42 U.S.C. 18031(i), including, but not limited to, in-person assisters as defined by federal regulations or guidelines.

(Source: P.A. 98-524, eff. 8-23-13.)

(215 ILCS 121/45)

Sec. 45. Other laws; rulemaking authority.

(a) With the exception of the assessment established in subsection (b) of Section 50 of this Act, the The requirements of this Act shall not apply to any individual or entity licensed as an insurance producer in this State.

(b) Pursuant to the authority granted by this Act, the Director may adopt rules as may be necessary or appropriate for the administration and enforcement of this Act.

(Source: P.A. 98-524, eff. 8-23-13.)

(215 ILCS 121/50 new)

Sec. 50. The Navigator Fund.

(a) The Navigator Fund is created as a special fund in the State treasury. All moneys in the Navigator Fund shall be used, subject to appropriation by the General Assembly and distribution by the Director of Public Health, for the purposes of administration of the Navigator program, which include, but are not limited to, grants awarded to certified navigators, certification and training as mandated by this Act, and other essential functions of the program.

(b) Beginning in fiscal year 2016 and for each subsequent fiscal year, the Department of Insurance shall levy an assessment on all health insurance plans offering minimum essential coverage issued by insurers. The total assessment shall be sufficient to generate a total of no less than $35,000,000. An insurer's assessment shall be determined by multiplying the total assessment by a fraction, the numerator of which equals that insurer's direct Illinois premiums during the preceding calendar year for plans offering minimum essential coverage and the denominator of which equals the total of all insurers' direct Illinois premiums for plans offering minimum essential coverage. The Department of Insurance may exempt those insurers whose share as determined under this subsection (b) would be so minimal as to not exceed the estimated cost of levying the assessment.

(c) Moneys collected through the assessment in subsection (b) of this Section shall be deposited into the Navigator Fund.

(d) Notwithstanding any other law to the contrary, the Navigator Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Navigator Fund into any other fund of the State.

(215 ILCS 121/55 new)

Sec. 55. Federal participation. Any federal funds made available to the State for the purposes of this Act shall be credited towards the total assessment levied under Section 50 of this Act and such total assessment shall be reduced by an equal amount.

(215 ILCS 121/60 new)

Sec. 60. Navigator demographic data. The Department of Public Health shall issue an annual report providing data on the demographics of individual navigators and certified application counselors in the State. Demographic data to be collected shall include, but not be limited to: (1) geographic location; (2) race and ethnicity; (3) age; (4) level of educational attainment; and (5) languages spoken.

Section 10. The State Finance Act is amended by adding Section 5.866 as follows:

(30 ILCS 105/5.866 new)

Sec. 5.866. The Navigator Fund.

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