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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2799 Introduced 1/30/2014, by Sen. William R. Haine SYNOPSIS AS INTRODUCED:
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| 20 ILCS 105/4.15 new | | 20 ILCS 105/4.16 new | | 20 ILCS 1405/1405-15 | was 20 ILCS 1405/56.2 |
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Amends the Illinois Act on the Aging and the Department of Insurance Law of the
Civil Administrative Code of Illinois. Implements Executive Order 2013-1. Transfers the Senior Health Insurance Program from the Department of Insurance to the Department on Aging. Contains a severability provision. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
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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 5. The Illinois Act on the Aging is amended by |
| 5 | | adding Sections 4.15 and 4.16 as follows:
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| 6 | | (20 ILCS 105/4.15 new) |
| 7 | | Sec. 4.15. Transfer of the Senior Health Insurance Program |
| 8 | | to the Department on Aging. |
| 9 | | (a) This amendatory Act of the 98th General Assembly |
| 10 | | implements and supersedes Executive Order 2013-1. |
| 11 | | (b) Beginning April 1, 2013, or as soon thereafter as |
| 12 | | practicable, the powers, duties, rights and responsibilities |
| 13 | | related to the functions of the Senior Health Insurance |
| 14 | | Program, as established in Section 1405-15 of the Department of |
| 15 | | Insurance Law, as well as the staff performing those functions, |
| 16 | | shall be transferred from the Department of Insurance to the |
| 17 | | Department on Aging. |
| 18 | | (c) Whenever any provision of law provides for membership |
| 19 | | of the Director of Insurance, or his or her designee, on any |
| 20 | | board, commission, council, or other entity relating to the |
| 21 | | functions of the Senior Health Insurance Program, the Director |
| 22 | | of Aging, or his or her designee, shall serve in that place. If |
| 23 | | more than one such person is required by law to serve on any |
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| 1 | | board, commission, council, or other entity, then an equivalent |
| 2 | | number of representatives of the Department on Aging shall so |
| 3 | | serve. |
| 4 | | (d) The powers, duties, rights, and responsibilities |
| 5 | | vested in or associated with the functions of the Senior Health |
| 6 | | Insurance Program shall not be affected by this amendatory Act |
| 7 | | of the 98th General Assembly, except that all management and |
| 8 | | staff support or other resources necessary to the operations of |
| 9 | | the Senior Health Insurance Program shall be provided by the |
| 10 | | Department on Aging. |
| 11 | | (e) Personnel under the Department of Insurance affected by |
| 12 | | this amendatory Act of the 98th General Assembly shall continue |
| 13 | | their service within the Department on Aging. The status and |
| 14 | | rights of the employees and the State of Illinois and its |
| 15 | | agencies under the Personnel Code and applicable collective |
| 16 | | bargaining agreements or under any pension, retirement, or |
| 17 | | annuity plan shall not be affected by this amendatory Act of |
| 18 | | the 98th General Assembly. |
| 19 | | (f) All books, contracts, correspondence, documents, |
| 20 | | papers, personnel files, property (real and personal), |
| 21 | | records, other associated items, and pending business in any |
| 22 | | way pertaining to the powers, duties, rights, and |
| 23 | | responsibilities related to the functions of the Senior Health |
| 24 | | Insurance Program shall be transferred from the Department of |
| 25 | | Insurance and delivered to the Department on Aging for |
| 26 | | continuation, modification, or termination, as appropriate, |
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| 1 | | including, but not limited to, material in electronic or |
| 2 | | magnetic format and necessary computer hardware and software; |
| 3 | | provided, however, that the delivery of such information shall |
| 4 | | not violate any applicable confidentiality constraints. |
| 5 | | (g) All unexpended appropriations and the balances of any |
| 6 | | funds, grants, donations, or other moneys available for use by |
| 7 | | the Department of Insurance in connection with the functions of |
| 8 | | the Senior Health Insurance Program shall be transferred to the |
| 9 | | Department on Aging for continued use in supporting the Senior |
| 10 | | Health Insurance Program as directed by the Governor. |
| 11 | | Unexpended balances so transferred shall be expended only for |
| 12 | | the purpose for which the appropriation was originally made. |
| 13 | | (h) The powers, duties, rights, and responsibilities |
| 14 | | related to the functions of the Senior Health Insurance Program |
| 15 | | and transferred from the Department of Insurance by this |
| 16 | | amendatory Act of the 98th General Assembly shall be vested in |
| 17 | | and shall be exercised by the Department on Aging. Each act |
| 18 | | done in exercise of such powers, duties, rights, and |
| 19 | | responsibilities shall have the same legal effect as if done by |
| 20 | | the Department of Insurance or one of its divisions, officers, |
| 21 | | or employees. |
| 22 | | (i) Every person or entity to whom powers, duties, rights, |
| 23 | | or responsibilities are transferred under this Section is |
| 24 | | subject to the same obligations and duties and any penalties, |
| 25 | | civil or criminal, arising therefrom, and has the same rights |
| 26 | | arising from the exercise of those powers, duties, rights, and |
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| 1 | | responsibilities, as are prescribed by law in connection with |
| 2 | | the exercise of those powers, duties, rights, and |
| 3 | | responsibilities. |
| 4 | | (j) Every officer of the Department on Aging shall, for any |
| 5 | | offense, be subject to the same penalty or penalties, civil or |
| 6 | | criminal, as are prescribed by existing law for the same |
| 7 | | offense by any officer of the Department of Insurance whose |
| 8 | | powers or duties were transferred under this amendatory Act of |
| 9 | | the 98th General Assembly. |
| 10 | | (k) Whenever reports or notices are required to be made or |
| 11 | | given or papers or documents furnished or served by any person |
| 12 | | to or upon the Department of Insurance in connection with any |
| 13 | | of the functions of the Senior Health Insurance Program |
| 14 | | transferred by this amendatory Act of the 98th General |
| 15 | | Assembly, the same shall be made, given, furnished, or served |
| 16 | | in the same manner to or upon the Department on Aging. |
| 17 | | (l) This amendatory Act of the 98th General Assembly does |
| 18 | | not affect any act completed, ratified, or canceled or any |
| 19 | | right occurring or established or any action or proceeding had |
| 20 | | or commenced in an administrative, civil, or criminal cause |
| 21 | | regarding the functions of the Senior Health Insurance Program |
| 22 | | before the effective date of Executive Order 2013-1; such |
| 23 | | actions or proceedings may be prosecuted and continued by the |
| 24 | | Department on Aging. |
| 25 | | (m) This amendatory Act of the 98th General Assembly does |
| 26 | | not affect the legality of any rules relating to the functions |
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| 1 | | of the Senior Health Insurance Program that were duly adopted |
| 2 | | by the Department of Insurance and in full force on the |
| 3 | | effective date of Executive Order 2013-1. Any proposed rules |
| 4 | | filed with the Secretary of State by the Department of |
| 5 | | Insurance pertaining to the transferred functions that are |
| 6 | | pending in the rulemaking process on the effective date of |
| 7 | | Executive Order 2013-1 shall be deemed to have been filed by |
| 8 | | the Department on Aging. As soon as practicable, the affected |
| 9 | | agencies shall revise and clarify the transferred rules under |
| 10 | | this amendatory Act of the 98th General Assembly to reflect the |
| 11 | | reorganization of rights, powers, and duties affected by this |
| 12 | | amendatory Act of the 98th General Assembly. If necessary, the |
| 13 | | affected agencies may also propose, adopt, or repeal rules, |
| 14 | | rule amendments, and rule recodifications using the procedures |
| 15 | | available under the Illinois Administrative Act as appropriate |
| 16 | | to effectuate this amendatory Act of the 98th General Assembly, |
| 17 | | except that existing Title, Part, and Section numbering for the |
| 18 | | affected rules may be retained. |
| 19 | | (n) To the extent necessary or prudent to fully implement |
| 20 | | the intent of this Section, the Department of Insurance and the |
| 21 | | Department on Aging may enter into one or more interagency |
| 22 | | agreements to ensure the full and appropriate transfer of all |
| 23 | | functions of the Senior Health Insurance Program.
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| 24 | | (20 ILCS 105/4.16 new) |
| 25 | | Sec. 4.16. Senior citizen assistance and information
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| 1 | | program. |
| 2 | | (a) Pursuant to Section 4.15 of this Act, the Department on |
| 3 | | the Aging shall administer and operate a program to
provide |
| 4 | | assistance and information to senior citizens in relation to |
| 5 | | insurance
matters. The program may include, but is not limited |
| 6 | | to, counseling for senior
citizens in the evaluation, |
| 7 | | comparison, or selection of Medicare options,
Medicare |
| 8 | | supplement insurance, and
long-term care insurance. |
| 9 | | (b) The Department shall recruit and train volunteers to |
| 10 | | provide the
following: |
| 11 | | (i) one-on-one counseling on insurance matters; and |
| 12 | | (ii) education on insurance matters to senior citizens |
| 13 | | through public
forums. |
| 14 | | (c) The Department shall solicit the volunteers for their |
| 15 | | input and advice
on the success and accessibility of the |
| 16 | | program. |
| 17 | | (d) The Department shall strive to ensure that all seniors |
| 18 | | residing in
Illinois have access to the program. |
| 19 | | (e) The Department may promulgate reasonable rules |
| 20 | | necessary to
implement this Section.
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| 21 | | Section 10. The Department of Insurance Law of the
Civil |
| 22 | | Administrative Code of Illinois is amended by changing Section |
| 23 | | 1405-15 as follows:
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| 24 | | (20 ILCS 1405/1405-15) (was 20 ILCS 1405/56.2)
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| 1 | | Sec. 1405-15.
Senior citizen assistance and information
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| 2 | | program.
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| 3 | | (a) The Department of Insurance shall administer and |
| 4 | | operate a program to
provide assistance and information to |
| 5 | | senior citizens in relation to insurance
matters. The program |
| 6 | | may include, but is not limited to, counseling for senior
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| 7 | | citizens in the evaluation, comparison, or selection of |
| 8 | | Medicare options,
Medicare supplement insurance, and
long-term |
| 9 | | care insurance.
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| 10 | | (b) The Department shall recruit and train volunteers to |
| 11 | | provide the
following:
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| 12 | | (i) one-on-one counseling on insurance matters; and
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| 13 | | (ii) education on insurance matters to senior citizens |
| 14 | | through public
forums.
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| 15 | | (c) The Department shall solicit the volunteers for their |
| 16 | | input and advice
on the success and accessibility of the |
| 17 | | program.
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| 18 | | (d) The Department shall strive to assure that all seniors |
| 19 | | residing in
Illinois have access to the program.
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| 20 | | (e) The Department of Insurance may promulgate reasonable |
| 21 | | rules necessary to
implement this Section.
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| 22 | | (f) Pursuant to Section 4.15 of the Illinois Act on the |
| 23 | | Aging, the Department of Insurance's powers, duties, rights, |
| 24 | | and responsibilities related to the Senior Health Insurance |
| 25 | | Program under this Section are transferred to the Department on |
| 26 | | Aging. |