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1 | AN ACT concerning insurance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||
5 | Consumer Health Insurance Counsel Act. | ||||||||||||||||||||||||
6 | Section 5. Definitions. For the purposes of this Act: | ||||||||||||||||||||||||
7 | "Department" means the Department of Insurance.
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8 | "Director" means the Director of Insurance.
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9 | "Office" means the Office of Consumer Health Insurance | ||||||||||||||||||||||||
10 | Counsel.
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11 | Section 10. Office of Consumer Health Insurance Counsel. | ||||||||||||||||||||||||
12 | The independent Office of Consumer Health Insurance Counsel is | ||||||||||||||||||||||||
13 | created for the purpose of representing the interests of health | ||||||||||||||||||||||||
14 | insurance consumers in Illinois. | ||||||||||||||||||||||||
15 | Section 15. Appointment; term. The Governor, with the | ||||||||||||||||||||||||
16 | advice and consent of the Senate, shall appoint a Consumer | ||||||||||||||||||||||||
17 | Health Insurance Counsel to serve as director of the Office. | ||||||||||||||||||||||||
18 | The term of the Consumer Health Insurance Counsel shall be 4 | ||||||||||||||||||||||||
19 | years. | ||||||||||||||||||||||||
20 | Section 20. Qualifications. To be eligible to serve as |
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1 | Consumer Health Insurance Counsel, a person must: | ||||||
2 | (1) be an attorney licensed to practice in Illinois; | ||||||
3 | (2) have demonstrated a strong commitment to and | ||||||
4 | involvement in efforts to safeguard the rights of the public; | ||||||
5 | and | ||||||
6 | (3) possess the knowledge and experience necessary to | ||||||
7 | practice effectively in insurance proceedings. | ||||||
8 | Section 25. Business interest prohibitions. A person is not | ||||||
9 | eligible for appointment as Consumer Health Insurance Counsel | ||||||
10 | or for employment as an Assistant Consumer Health Insurance | ||||||
11 | Counsel with the Office if the person or the person's spouse: | ||||||
12 | (1) is employed by or participates in the management of | ||||||
13 | a business entity or other organization regulated by or | ||||||
14 | receiving funds from the Department;
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15 | (2) owns or controls, directly or indirectly, an | ||||||
16 | interest in a business entity or other organization | ||||||
17 | regulated by or receiving funds from the Department; or
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18 | (3) uses or receives a substantial amount of tangible | ||||||
19 | goods, services, or funds from the Department or the | ||||||
20 | Office, other than compensation or reimbursement | ||||||
21 | authorized by law for Department or Office membership, | ||||||
22 | attendance, or expenses.
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23 | Section 30. Lobbying activities. A person may not serve as | ||||||
24 | Consumer Health Insurance Counsel or act as Assistant Consumer |
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1 | Health Insurance Counsel if the person is required to register | ||||||
2 | as a lobbyist under the Lobbyist Registration Act because of | ||||||
3 | the person's activities for compensation related to the | ||||||
4 | operation of the Department or the Office. | ||||||
5 | Section 35. Grounds for removal. The Consumer Health | ||||||
6 | Insurance Counsel shall be removed from the position by the | ||||||
7 | appointing officer if he or she: | ||||||
8 | (1) does not have at the time of appointment or | ||||||
9 | maintain during service as Consumer Health Insurance | ||||||
10 | Counsel the qualifications required by Section 20 of this | ||||||
11 | Act;
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12 | (2) violates a prohibition established by Section 25 of | ||||||
13 | this Act; or | ||||||
14 | (3) cannot, because of illness or disability, | ||||||
15 | discharge the Consumer Health Insurance Counsel's duties | ||||||
16 | for a substantial part of the Consumer Health Insurance | ||||||
17 | Counsel's term.
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18 | Section 40. Revolving door prohibition. No former Consumer | ||||||
19 | Health Insurance Counsel or Assistant Consumer Health | ||||||
20 | Insurance Counsel or spouse or immediate family member living | ||||||
21 | with such person, shall, within a year after the date the | ||||||
22 | person ceases to serve as Consumer Health Insurance Counsel or | ||||||
23 | Assistant Consumer Health Insurance Counsel, represent any | ||||||
24 | person or receive compensation for services rendered on behalf |
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1 | of any party involved in a matter in which the Consumer Health | ||||||
2 | Insurance Counsel or Assistant Consumer Health Insurance | ||||||
3 | Counsel participated personally and substantially before the | ||||||
4 | Director, the Department, or any State health insurance rate | ||||||
5 | review board in the year immediately preceding the date the | ||||||
6 | person ceases to serve as Consumer Health Insurance Counsel or | ||||||
7 | Assistant Consumer Health Insurance Counsel. | ||||||
8 | Section 45. Prohibitions against political activities. | ||||||
9 | (a) No Consumer Health Insurance Counsel or employee of the | ||||||
10 | Office may, during his or her term of appointment or | ||||||
11 | employment: | ||||||
12 | (1) become a candidate for any elective office;
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13 | (2) hold any other elected or appointed public office, | ||||||
14 | except for appointments on governmental advisory boards or | ||||||
15 | study commissions or as otherwise expressly authorized by | ||||||
16 | law;
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17 | (3) be actively involved in the affairs of any | ||||||
18 | political party or political organization; or
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19 | (4) advocate for the appointment of another person to | ||||||
20 | an appointed or elected office or position or actively | ||||||
21 | participate in any campaign for any elective office.
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22 | (b) In this Section, "appointed public office" means a | ||||||
23 | position authorized by law that is filled by an appointing | ||||||
24 | authority as provided by law and does not include employment by | ||||||
25 | hiring in the ordinary course of business.
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1 | (c) No Consumer Health Insurance Counsel or employee of the | ||||||
2 | Office may, for one year after the termination of his or her | ||||||
3 | employment:
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4 | (1) become a candidate for any elective office;
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5 | (2) hold any elected public office; or
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6 | (3) hold any appointed State, county, or local judicial | ||||||
7 | office.
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8 | (d) The requirements of item (3) of subsection (a) of this | ||||||
9 | Section may be waived by the Executive Ethics Commission.
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10 | Section 50. Office personnel. The Office shall be comprised | ||||||
11 | of the Consumer Health Insurance Counsel and such Assistant | ||||||
12 | Consumer Health Insurance Counsels and other staff as are | ||||||
13 | deemed necessary to implement this Act. | ||||||
14 | Section 55. Powers and duties. The Office: | ||||||
15 | (1) may assess the impact of insurance rates, rules, and | ||||||
16 | forms on health insurance consumers in this State; and | ||||||
17 | (2) shall advocate in the Office's own name positions | ||||||
18 | determined by the Consumer Health Insurance Counsel to be most | ||||||
19 | advantageous to a substantial number of insurance consumers. | ||||||
20 | Section 60. Authority to appear, intervene, or initiate. | ||||||
21 | The Consumer Health Insurance Counsel: | ||||||
22 | (1) may appear or intervene, as a party or otherwise, | ||||||
23 | as a matter of right before the Director, the Department, |
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1 | or any State health insurance rate review board on behalf | ||||||
2 | of insurance consumers, as a class, in matters involving | ||||||
3 | rates, rules, and forms affecting accident and health | ||||||
4 | insurance policies, managed care plans, and health plans | ||||||
5 | offered by health maintenance organizations;
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6 | (2) may initiate or intervene as a matter of right or | ||||||
7 | otherwise appear in a judicial proceeding involving or | ||||||
8 | arising from an action taken by an administrative agency in | ||||||
9 | a proceeding in which the Consumer Health Insurance Counsel | ||||||
10 | previously appeared under the authority granted by this | ||||||
11 | Section; and
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12 | (3) may appear or intervene, as a party or otherwise, | ||||||
13 | as a matter of right on behalf of insurance consumers as a | ||||||
14 | class in any proceeding in which the Consumer Health | ||||||
15 | Insurance Counsel determines that insurance consumers are | ||||||
16 | in need of representation, except that he or she may not | ||||||
17 | intervene in an enforcement or parens patriae proceeding | ||||||
18 | brought by the Attorney General.
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19 | Section 65. Intervention. The Consumer Health Insurance | ||||||
20 | Counsel may not intervene or appear in: | ||||||
21 | (1) any proceeding or hearing before the Director or | ||||||
22 | Department, or any other proceeding, that relates to | ||||||
23 | approval or consideration of an individual charter, | ||||||
24 | license, certificate of authority, acquisition, merger, or | ||||||
25 | examination; or
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1 | (2) any proceeding concerning the solvency of an | ||||||
2 | individual insurer, a financial issue, a policy form, | ||||||
3 | advertising, or another regulatory issue affecting an | ||||||
4 | individual insurer or agent.
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5 | Section 70. Recommendation of legislation. The Consumer | ||||||
6 | Health Insurance Counsel may recommend legislation to the | ||||||
7 | legislature that the Consumer Health Insurance Counsel | ||||||
8 | determines would positively affect the interests of insurance | ||||||
9 | consumers.
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