Full Text of SB1313 97th General Assembly
SB1313ham003 97TH GENERAL ASSEMBLY | Rep. JoAnn D. Osmond Filed: 11/7/2011
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| 1 | | AMENDMENT TO SENATE BILL 1313
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1313 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Health Benefits Exchange Law is | 5 | | amended by changing Sections 5-3, 5-5, 5-15, and 5-25 and by | 6 | | adding Sections 5-4, 5-16, and 5-21 as follows: | 7 | | (215 ILCS 122/5-3)
| 8 | | Sec. 5-3. Legislative intent. The General Assembly finds | 9 | | the health benefits exchanges authorized by the federal Patient | 10 | | Protection and Affordable Care Act represent one of a number of | 11 | | ways in which the State can address coverage gaps and provide | 12 | | individual consumers and small employers access to greater | 13 | | coverage options. The General Assembly also finds that the | 14 | | State is best positioned to implement an exchange that is | 15 | | sensitive to the coverage gaps and market landscape unique to | 16 | | this State. |
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| 1 | | The purpose of this Law is to provide for the establishment | 2 | | of an Illinois Health Benefits Exchange (the Exchange) to | 3 | | facilitate the purchase and sale of qualified health plans and | 4 | | qualified dental plans in the individual market in this State | 5 | | and to provide for the establishment of a Small Business Health | 6 | | Options Program (SHOP Exchange) to assist qualified small | 7 | | employers in this State in facilitating the enrollment of their | 8 | | employees in qualified health plans and qualified dental plans | 9 | | offered in the small group market. The intent of the Exchange | 10 | | is to supplement the existing health insurance market to | 11 | | simplify shopping for individual and small employers by | 12 | | increasing access to benefit options, encouraging a robust and | 13 | | competitive market both inside and outside the Exchange, | 14 | | reducing the number of uninsured, and providing a transparent | 15 | | marketplace and effective consumer education and programmatic | 16 | | assistance tools. The purpose of this Law is to ensure that the | 17 | | State is making sufficient progress towards establishing an | 18 | | exchange within the guidelines outlined by the federal law and | 19 | | to protect Illinoisans from undue federal regulation. Although | 20 | | the federal law imposes a number of core requirements on | 21 | | state-level exchanges, the State has significant flexibility | 22 | | in the design and operation of a State exchange that make it | 23 | | prudent for the State to carefully analyze, plan, and prepare | 24 | | for the exchange. The General Assembly finds that in order for | 25 | | the State to craft a tenable exchange that meets the | 26 | | fundamental goals outlined by the Patient Protection and |
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| 1 | | Affordable Care Act of expanding access to affordable coverage | 2 | | and improving the quality of care, the implementation process | 3 | | should (1) provide for broad stakeholder representation; (2) | 4 | | foster a robust and competitive marketplace, both inside and | 5 | | outside of the exchange; and (3) provide for a broad-based | 6 | | approach to the fiscal solvency of the exchange.
| 7 | | (Source: P.A. 97-142, eff. 7-14-11.) | 8 | | (215 ILCS 122/5-4 new) | 9 | | Sec. 5-4. Definitions. In this Law: | 10 | | "Board" means the Illinois Health Benefits Exchange Board | 11 | | established pursuant to this Law. | 12 | | "Director" means the Director of Insurance. | 13 | | "Educated health care consumer" means an individual who is | 14 | | knowledgeable about the health care system, and has background | 15 | | or experience in making informed decisions regarding health, | 16 | | medical, and scientific matters. | 17 | | "Essential health benefits" has the meaning provided under | 18 | | Section 1302(b) of the Federal Act. | 19 | | "Exchange" means the Illinois Health Benefits Exchange | 20 | | established by this Law and includes the Individual Exchange | 21 | | and the SHOP Exchange, unless otherwise specified. | 22 | | "Executive Director" means the Executive Director of the | 23 | | Illinois Health Benefits Exchange. | 24 | | "Federal Act" means the federal Patient Protection and | 25 | | Affordable Care Act (Public Law 111-148), as amended by the |
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| 1 | | federal Health Care and Education Reconciliation Act of 2010 | 2 | | (Public Law 111-152), and any amendments thereto, or | 3 | | regulations or guidance issued under, those Acts. | 4 | | "Health benefit plan" means a policy, contract, | 5 | | certificate, or agreement offered or issued by a health carrier | 6 | | to provide, deliver, arrange for, pay for, or reimburse any of | 7 | | the costs of health care services.
"Health benefit plan" does | 8 | | not include: | 9 | | (1) coverage for accident only or disability income | 10 | | insurance or any combination thereof; | 11 | | (2) coverage issued as a supplement to liability | 12 | | insurance; | 13 | | (3) liability insurance, including general liability | 14 | | insurance and automobile liability insurance; | 15 | | (4) workers' compensation or similar insurance; | 16 | | (5) automobile medical payment insurance; | 17 | | (6) credit-only insurance; | 18 | | (7) coverage for on-site medical clinics; or | 19 | | (8) other similar insurance coverage, specified in | 20 | | federal regulations issued pursuant to Public Law 104-191, | 21 | | under which benefits for health care services are secondary | 22 | | or incidental to other insurance benefits. | 23 | | "Health benefit plan" does not include the following | 24 | | benefits if they are provided under a separate policy, | 25 | | certificate, or contract of insurance or are otherwise not an | 26 | | integral part of the plan: |
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| 1 | | (a) limited scope dental or vision benefits; | 2 | | (b) benefits for long-term care, nursing home care, | 3 | | home health care, community-based care, or any combination | 4 | | thereof; or | 5 | | (c) other similar, limited benefits specified in | 6 | | federal regulations issued pursuant to Public Law 104-191. | 7 | | "Health benefit plan" does not include the following | 8 | | benefits if the benefits are provided under a separate policy, | 9 | | certificate, or contract of insurance, there is no coordination | 10 | | between the provision of the benefits and any exclusion of | 11 | | benefits under any group health plan maintained by the same | 12 | | plan sponsor, and the benefits are paid with respect to an | 13 | | event without regard to whether benefits are provided with | 14 | | respect to such an event under any group health plan maintained | 15 | | by the same plan sponsor: | 16 | | (i) coverage only for a specified disease or illness; | 17 | | or | 18 | | (ii) hospital indemnity or other fixed indemnity | 19 | | insurance. | 20 | | "Health benefit plan" does not include the following if | 21 | | offered as a separate policy, certificate, or contract of | 22 | | insurance: | 23 | | (A) Medicare supplemental health insurance as defined | 24 | | under Section 1882(g)(1) of the federal Social Security | 25 | | Act; | 26 | | (B) coverage supplemental to the coverage provided |
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| 1 | | under Chapter 55 of Title 10, United States Code (Civilian | 2 | | Health and Medical Program of the Uniformed Services | 3 | | (CHAMPUS)); or | 4 | | (C) similar supplemental coverage provided to coverage | 5 | | under a group health plan. | 6 | | "Health benefit plan" does not include a group health plan | 7 | | or multiple employer welfare arrangement to the extent the plan | 8 | | or arrangement is not subject to State insurance regulation | 9 | | under Section 514 of the federal Employee Retirement Income | 10 | | Security Act of 1974. | 11 | | "Health carrier" or "carrier" means an entity subject to | 12 | | the insurance laws and regulations of this State, or subject to | 13 | | the jurisdiction of the Director, that contracts or offers to | 14 | | contract to provide, deliver, arrange for, pay for, or | 15 | | reimburse any of the costs of health care services, including a | 16 | | sickness and accident insurance company, a health maintenance | 17 | | organization, a nonprofit hospital and health service | 18 | | corporation, or any other entity providing a plan of health | 19 | | insurance, health benefits or health services. | 20 | | "Individual Exchange" means the exchange marketplace | 21 | | established by this Law through which qualified individuals may | 22 | | obtain coverage through an individual market qualified health | 23 | | plan. | 24 | | "Principal place of business" means the location in a state | 25 | | where an employer has its headquarters or significant place of | 26 | | business and where the persons with direction and control |
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| 1 | | authority over the business are employed. | 2 | | "Qualified dental plan" means a limited scope dental plan | 3 | | that has been certified in accordance with this Law. | 4 | | "Qualified employee" means an eligible individual employed | 5 | | by a qualified employer who has been offered health insurance | 6 | | coverage by that qualified employer through the SHOP on the | 7 | | Exchange. | 8 | | "Qualified employer" means a small employer that elects to | 9 | | make its full-time employees eligible for one or more qualified | 10 | | health plans or qualified dental plans offered through the SHOP | 11 | | Exchange, and at the option of the employer, some or all of its | 12 | | part-time employees, provided that the employer has its | 13 | | principal place of business in this State and elects to provide | 14 | | coverage through the SHOP Exchange to all of its eligible | 15 | | employees, wherever employed. | 16 | | "Qualified health plan" or "QHP" means a health benefit | 17 | | plan that has in effect a certification that the plan meets the | 18 | | criteria for certification described in Section 1311(c) of the | 19 | | Federal Act. | 20 | | "Qualified health plan issuer" or "QHP issuer" means a | 21 | | health insurance issuer that offers a health plan that the | 22 | | Exchange has certified as a qualified health plan. | 23 | | "Qualified individual" means an individual, including a | 24 | | minor, who: | 25 | | (1) is seeking to enroll in a qualified health plan or | 26 | | qualified dental plan offered to individuals through the |
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| 1 | | Exchange; | 2 | | (2) resides in this State; | 3 | | (3) at the time of enrollment, is not incarcerated, | 4 | | other than incarceration pending the disposition of | 5 | | charges; and | 6 | | (4) is, and is reasonably expected to be, for the | 7 | | entire period for which enrollment is sought, a citizen or | 8 | | national of the United States or an alien lawfully present | 9 | | in the United States. | 10 | | "Secretary" means the Secretary of the federal Department | 11 | | of Health and Human Services. | 12 | | "SHOP Exchange" means the Small Business Health Options | 13 | | Program established under this Law through which a qualified | 14 | | employer can provide small group qualified health plans to its | 15 | | qualified employees. | 16 | | "Small employer" means, in connection with a group health | 17 | | plan with respect to a calendar year and a plan year, an | 18 | | employer who employed an average of at least 2 but not more | 19 | | than 50 employees on business days during the preceding | 20 | | calendar year and who employs at least one employee on the | 21 | | first day of the plan year. Beginning January 1, 2016, the | 22 | | definition of a "small employer" shall mean, in connection with | 23 | | a group health plan with respect to a calendar year and a plan | 24 | | year, an employer who employed an average of at least 2 but not | 25 | | more than 100 employees on business days during the preceding | 26 | | calendar year and who employs at least one employee on the |
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| 1 | | first day of the plan year.
For purposes of this definition: | 2 | | (a) all persons treated as a single employer under | 3 | | subsection (b), (c), (m) or (o) of Section 414 of the | 4 | | federal Internal Revenue Code of 1986 shall be treated as a | 5 | | single employer; | 6 | | (b) an employer and any predecessor employer shall be | 7 | | treated as a single employer; | 8 | | (c) employees shall be counted in accordance with | 9 | | federal law and regulations and State law and regulations; | 10 | | (d) if an employer was not in existence throughout the | 11 | | preceding calendar year, then the determination of whether | 12 | | that employer is a small employer shall be based on the | 13 | | average number of employees that is reasonably expected | 14 | | that employer will employ on business days in the current | 15 | | calendar year; and | 16 | | (e) an employer that makes enrollment in qualified | 17 | | health plans or qualified dental plans available to its | 18 | | employees through the SHOP Exchange, and would cease to be | 19 | | a small employer by reason of an increase in the number of | 20 | | its employees, shall continue to be treated as a small | 21 | | employer for purposes of this Law as long as it | 22 | | continuously makes enrollment through the SHOP Exchange | 23 | | available to its employees. | 24 | | (215 ILCS 122/5-5)
| 25 | | Sec. 5-5. Establishment of the Exchange State health |
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| 1 | | benefits exchange . | 2 | | (a) It is declared that this State, beginning October 1, | 3 | | 2013, in accordance with Section 1311 of the federal Patient | 4 | | Protection and Affordable Care Act, shall establish a State | 5 | | health benefits exchange to be known as the Illinois Health | 6 | | Benefits Exchange in order to help individuals and small | 7 | | employers with no more than 50 employees shop for, select, and | 8 | | enroll in qualified, affordable private health plans that fit | 9 | | their needs at competitive prices. The Exchange shall separate | 10 | | coverage pools for individuals and small employers and shall | 11 | | supplement and not supplant any existing private health | 12 | | insurance market for individuals and small employers.
| 13 | | (b) There is hereby created and established an independent, | 14 | | non-profit entity formed and organized under the laws of the | 15 | | State named the Illinois Health Benefits Exchange. The Exchange | 16 | | shall be a public entity, but shall not be considered a | 17 | | department, institution, or agency of the State. | 18 | | (c) The Exchange shall be comprised of an individual and a | 19 | | small business health options (SHOP) exchange. Pursuant to | 20 | | Section 1311(b)(2) of the Federal Act, the Exchange shall | 21 | | provide individual exchange services to qualified individuals | 22 | | and SHOP exchange services to qualified employers under a | 23 | | single governance and administrative structure. | 24 | | (d) The Exchange shall promote a competitive and robust | 25 | | marketplace that does not limit consumer access to affordable | 26 | | health coverage options. The Exchange, therefore, shall allow |
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| 1 | | and certify all health insurance issuers to offer health plans | 2 | | on the individual and SHOP exchange, as applicable, provided | 3 | | that any such health plan meets the requirements set forth in | 4 | | Section 1311(c) of the Federal Act. The Exchange shall not | 5 | | solicit bids for or engage in the purchase of insurance. | 6 | | (e) The Exchange shall not duplicate or replace the | 7 | | functions of the Department of Insurance, including, but not | 8 | | limited to, the Department of Insurance's rate review | 9 | | authority. | 10 | | (Source: P.A. 97-142, eff. 7-14-11.) | 11 | | (215 ILCS 122/5-15)
| 12 | | Sec. 5-15. Illinois Health Benefits Exchange Legislative | 13 | | Oversight Study Committee. | 14 | | (a) There is created an Illinois Health Benefits Exchange | 15 | | Legislative Oversight Study Committee within the Commission on | 16 | | Government Forecasting and Accountability to provide | 17 | | accountability for conduct a study regarding State | 18 | | implementation and establishment of the Illinois Health | 19 | | Benefits Exchange and to ensure Exchange operations and | 20 | | functions align with the goals and duties outlined by this Law . | 21 | | The Committee shall also be responsible for providing policy | 22 | | recommendations to ensure the Exchange aligns with the Federal | 23 | | Act, amendments to the Federal Act, and regulations promulgated | 24 | | pursuant to the Federal Act. | 25 | | (b) Members of the Legislative Oversight Study Committee |
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| 1 | | shall be appointed as follows: 3 members of the Senate shall be | 2 | | appointed by the President of the Senate; 3 members of the | 3 | | Senate shall be appointed by the Minority Leader of the Senate; | 4 | | 3 members of the House of Representatives shall be appointed by | 5 | | the Speaker of the House of Representatives; and 3 members of | 6 | | the House of Representatives shall be appointed by the Minority | 7 | | Leader of the House of Representatives. Each legislative leader | 8 | | shall select one member to serve as co-chair of the committee. | 9 | | (c) Members of the Legislative Oversight Study Committee | 10 | | shall be appointed no later than November 30, 2011 within 30 | 11 | | days after the effective date of this Law. The co-chairs shall | 12 | | convene the first meeting of the committee no later than 45 | 13 | | days after the effective date of this Law .
| 14 | | (Source: P.A. 97-142, eff. 7-14-11.) | 15 | | (215 ILCS 122/5-16 new) | 16 | | Sec. 5-16. Exchange governance. The governing and | 17 | | administrative powers of the Exchange shall be vested in a body | 18 | | known as the Illinois Health Benefits Exchange Board. The | 19 | | following provisions shall apply: | 20 | | (1) The Board shall consist of 9 voting members. | 21 | | Members of the Board of Directors shall be appointed as | 22 | | follows: 2 members shall be appointed by the President of | 23 | | the Senate; 2 members shall be appointed by the Minority | 24 | | Leader of the Senate; 2 members shall be appointed by the | 25 | | Speaker of the House of Representatives; 2 members shall be |
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| 1 | | appointed by the Minority Leader of the House of | 2 | | Representatives; and the Governor shall appoint one member | 3 | | in good standing of the American Academy of Actuaries with | 4 | | experience in Illinois health insurance markets to serve on | 5 | | the Board. In addition, the Director of Insurance, the | 6 | | Director of Healthcare and Family Services, and the | 7 | | Executive Director of the Exchange shall serve as | 8 | | non-voting, ex-officio members of the Board. The Governor | 9 | | shall also appoint as non-voting, ex-officio members one | 10 | | economist with experience in the health care markets and | 11 | | one educated health care consumer advocate. All Board | 12 | | members shall be appointed no later than January 31, 2012. | 13 | | (2) The President of the Senate, Minority Leader of the | 14 | | Senate, Speaker of the House of Representatives, and | 15 | | Minority Leader of the House of Representatives shall | 16 | | coordinate appointments to ensure that there is broad | 17 | | representation within the skill sets specified in this | 18 | | Section and shall consider the geographic, cultural, and | 19 | | ethnic diversity of this State when making the | 20 | | appointments. A majority of the voting members must be | 21 | | employers or individuals who are not employed by a health | 22 | | insurance issuer and none shall be State employees or been | 23 | | employed by the State within one year prior to their | 24 | | appointment. | 25 | | No more than 4 of the voting members may be individuals | 26 | | who are employed by, consultants to, or members of a board |
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| 1 | | of directors of: | 2 | | (i) an insurer or third party administrator; | 3 | | (ii) an insurance producer; or | 4 | | (iii) a health care provider, health care | 5 | | facility, or health clinic; | 6 | | Each person appointed to the Board should have | 7 | | demonstrated expertise in no less than 2 of the following | 8 | | areas: | 9 | | (A) individual health insurance coverage; | 10 | | (B) small employer health insurance; | 11 | | (C) health benefits administration; | 12 | | (D) health care finance; | 13 | | (E) administration of a public or private health | 14 | | care delivery system; | 15 | | (F) the provision of health care services; | 16 | | (G) the purchase of health insurance coverage; | 17 | | (H) health care consumer navigation or assistance; | 18 | | (I) health care economics or health care actuarial | 19 | | sciences; | 20 | | (J) information technology; or | 21 | | (K) starting a small business with 50 or fewer | 22 | | employees. | 23 | | (3) The Board shall elect one voting member of the | 24 | | Board to serve as chairperson and one voting member to | 25 | | serve as vice-chairperson, upon approval of a majority of | 26 | | the Board. |
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| 1 | | (4) The Exchange shall be administered by an Executive | 2 | | Director, who shall be appointed, and may be removed, by a | 3 | | majority of the Board. The Board shall have the power to | 4 | | determine compensation for the Executive Director. The | 5 | | Executive Director may not be a State employee or have been | 6 | | employed by or have had a contract with the State in the 3 | 7 | | years prior to his or her appointment. | 8 | | (5) The terms of the non-voting, ex-officio members of | 9 | | the Board shall run concurrent with their terms of | 10 | | appointment to office, or in the case of the Executive | 11 | | Director, his or her term of appointment to that position, | 12 | | subject to the determination of the Board. The terms of the | 13 | | members, including those non-voting, ex-officio members | 14 | | appointed by the Governor, shall be 4 years. Each member of | 15 | | the General Assembly identified in paragraph (1) of this | 16 | | Section shall initially appoint one member to a 3-year | 17 | | term, and one member to a 4-year term. Upon conclusion of | 18 | | the initial term, the next term and every term subsequent | 19 | | to it shall run for 3 years. Voting members shall serve no | 20 | | more than 3 consecutive terms. | 21 | | A person appointed to fill a vacancy and complete the | 22 | | unexpired term of a member of the Board shall only be | 23 | | appointed to serve out the unexpired term by the individual | 24 | | who made the original appointment within 45 days after the | 25 | | initial vacancy. A person appointed to fill a vacancy and | 26 | | complete the unexpired term of a member of the Board may be |
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| 1 | | re-appointed to the Board for another term, but shall not | 2 | | serve than more than 2 consecutive terms following their | 3 | | completion of the unexpired term of a member of the Board. | 4 | | If a voting Board member's qualifications change due to | 5 | | a change in employment during the term of their | 6 | | appointment, then the Board member shall resign their | 7 | | position, subject to reappointment by the individual who | 8 | | made the original appointment. | 9 | | (6) The Board may, as necessary, create and appoint | 10 | | qualified persons with requisite expertise to Exchange | 11 | | technical advisory groups. These Exchange technical | 12 | | advisory groups shall meet in a manner and frequency | 13 | | determined by the Board to discuss exchange-related issues | 14 | | and to provide exchange-related guidance, advice, and | 15 | | recommendations to the Board and the Exchange. | 16 | | (7) The Board shall meet no less than quarterly on a | 17 | | schedule established by the chairperson. Meetings shall be | 18 | | public and public records shall be maintained, subject to | 19 | | the Open Meetings Act. A majority of the Board shall | 20 | | constitute a quorum and the affirmative vote of a majority | 21 | | is necessary for any action of the Board. No vacancy shall | 22 | | impair the ability of the Board to act provided a quorum is | 23 | | reached. Members shall serve without pay, but shall be | 24 | | reimbursed for their actual and reasonable expenses | 25 | | incurred in the performance of their duties. The | 26 | | chairperson of the Board shall file a written report |
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| 1 | | regarding the activities of the Board and the Exchange to | 2 | | the Governor and General Assembly annually, and the | 3 | | Legislative Oversight Committee established in Section | 4 | | 5-15 quarterly, beginning on July 1, 2012 through December | 5 | | 31, 2014. | 6 | | (8) The Board shall adopt conflict of interest rules | 7 | | and recusal procedures. Such rules and procedures shall (i) | 8 | | prohibit a member of the Board from performing an official | 9 | | act that may have a direct economic benefit on a business | 10 | | or other endeavor in which that member has a direct or | 11 | | substantial financial interest and (ii) require a member of | 12 | | the Board to recuse himself or herself from an official | 13 | | matter, whether direct or indirect. All recusals must be in | 14 | | advance, in writing, and specify the reason and date of the | 15 | | recusal. All recusals shall be maintained by the Executive | 16 | | Director and shall be disclosed to any person upon written | 17 | | request. | 18 | | (9) The Board shall develop a preliminary budget for | 19 | | the implementation and operation of the Exchange through | 20 | | December 31, 2014. The preliminary budget shall include | 21 | | proposed compensation levels for the Executive Director | 22 | | and identify personnel and staffing needs for the | 23 | | implementation and operation of the Exchange. The Board | 24 | | shall submit its preliminary budget to the Legislative | 25 | | Oversight Committee established in Section 5-15 no later | 26 | | than October 1, 2012. |
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| 1 | | (10) The purpose of the Board shall be to implement the | 2 | | Exchange in accordance with this Section and shall be | 3 | | authorized to establish procedures for the operation of the | 4 | | Exchange, subject to legislative approval. | 5 | | (215 ILCS 122/5-21 new) | 6 | | Sec. 5-21. Enrollment through brokers and agents; producer | 7 | | compensation. | 8 | | (a) In accordance with Section 1312(e) of the Federal Act, | 9 | | the Exchange shall allow licensed insurance producers to (1) | 10 | | enroll qualified individuals in any qualified health plan, for | 11 | | which the individual is eligible, in the individual exchange, | 12 | | (2) assist qualified individuals in applying for premium tax | 13 | | credits and cost-sharing reductions for qualified health plans | 14 | | purchased through the individual exchange, and (3) enroll | 15 | | qualified employers in any qualified health plan, for which the | 16 | | employer is eligible, offered through the SHOP exchange. | 17 | | Nothing in this subsection (a) shall be construed as to require | 18 | | a qualified individual or qualified employer to utilize a | 19 | | licensed insurance producer for any of the purposes outlined in | 20 | | this subsection (a). | 21 | | (b) In order to enroll individuals and small employers in | 22 | | qualified health plans on the Exchange, licensed producers must | 23 | | complete a certification program. The Department of Insurance | 24 | | may develop and implement a certification program for licensed | 25 | | insurance producers who enroll individuals and employers in the |
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| 1 | | exchange. The Department of Insurance may charge a reasonable | 2 | | fee, by regulation, to producers for the certification program. | 3 | | The Department of Insurance may approve certification programs | 4 | | developed and instructed by others, charging a reasonable fee, | 5 | | by regulation, for approval. | 6 | | (c) The Exchange shall include on its Internet website a | 7 | | producer locator section, featured prominently, through which | 8 | | individuals and small employers can find exchange-certified | 9 | | producers. | 10 | | (d) The Exchange shall have no role in developing or | 11 | | determining the manner or amount of compensation producers | 12 | | receive from qualified health plans for individuals or | 13 | | employers enrolled in health plans through the Exchange. | 14 | | (215 ILCS 122/5-25)
| 15 | | Sec. 5-25. Federal action. This Law shall be null and void | 16 | | if Congress and the President take action to repeal or replace, | 17 | | or both, Section 1311 of the Affordable Care Act or the U.S. | 18 | | Supreme Court strikes down the Affordable Care Act in whole or | 19 | | in part .
| 20 | | (Source: P.A. 97-142, eff. 7-14-11.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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