Full Text of SB0636 98th General Assembly
SB0636ham006 98TH GENERAL ASSEMBLY | Rep. Robyn Gabel Filed: 12/2/2014
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| 1 | | AMENDMENT TO SENATE BILL 636
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 636, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Open Meetings Act is amended by changing | 6 | | Section 1.02 as follows: | 7 | | (5 ILCS 120/1.02) (from Ch. 102, par. 41.02) | 8 | | Sec. 1.02. For the purposes of this Act:
| 9 | | "Meeting" means any gathering, whether in person or by | 10 | | video or audio conference, telephone call, electronic means | 11 | | (such as, without limitation, electronic mail, electronic | 12 | | chat, and instant messaging), or other means of contemporaneous | 13 | | interactive communication, of a majority of a quorum of the | 14 | | members of a
public body held for the purpose of discussing | 15 | | public
business or, for a 5-member public body, a quorum of the | 16 | | members of a public body held for the purpose of discussing |
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| 1 | | public business. | 2 | | Accordingly, for a 5-member public body, 3 members of the | 3 | | body constitute a quorum and the affirmative vote of 3 members | 4 | | is necessary to adopt any motion, resolution, or ordinance, | 5 | | unless a greater number is otherwise required.
| 6 | | "Public body" includes all legislative, executive, | 7 | | administrative or advisory
bodies of the State, counties, | 8 | | townships, cities, villages, incorporated
towns, school | 9 | | districts and all other municipal corporations, boards, | 10 | | bureaus,
committees or commissions of this State, and any | 11 | | subsidiary bodies of any
of the foregoing including but not | 12 | | limited to committees and subcommittees
which are supported in | 13 | | whole or in part by tax revenue, or which expend tax
revenue, | 14 | | except the General Assembly and committees or commissions | 15 | | thereof.
"Public body" includes tourism boards and convention | 16 | | or civic center
boards located in counties that are contiguous | 17 | | to the Mississippi River with
populations of more than 250,000 | 18 | | but less than 300,000. "Public body"
includes the Health | 19 | | Facilities and Services Review Board and the Illinois Health | 20 | | Benefits Exchange Board . "Public body" does not
include a child | 21 | | death review team or the Illinois Child Death Review Teams
| 22 | | Executive Council established under
the Child Death Review Team | 23 | | Act, an ethics commission acting under the State Officials and
| 24 | | Employees Ethics Act, a regional youth advisory board or the | 25 | | Statewide Youth Advisory Board established under the | 26 | | Department of Children and Family Services Statewide Youth |
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| 1 | | Advisory Board Act, or the Illinois Independent Tax Tribunal.
| 2 | | (Source: P.A. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15 .)
| 3 | | Section 6. The Freedom of Information Act is amended by | 4 | | changing Section 2 as follows:
| 5 | | (5 ILCS 140/2) (from Ch. 116, par. 202)
| 6 | | Sec. 2. Definitions. As used in this Act:
| 7 | | (a) "Public body" means all legislative,
executive, | 8 | | administrative, or advisory bodies of the State, state | 9 | | universities
and colleges, counties, townships, cities, | 10 | | villages, incorporated towns,
school districts and all other | 11 | | municipal corporations,
boards, bureaus, committees, or | 12 | | commissions of this State, any
subsidiary
bodies of any of the | 13 | | foregoing including but not limited to committees and
| 14 | | subcommittees thereof, and a School Finance Authority created | 15 | | under
Article 1E of the School Code. "Public body" includes the | 16 | | Illinois Health Benefits Exchange.
"Public body" does not | 17 | | include a child death review team
or the Illinois Child Death | 18 | | Review Teams
Executive Council
established under
the Child | 19 | | Death Review Team Act, or a regional youth advisory board or | 20 | | the Statewide Youth Advisory Board established under the | 21 | | Department of Children and Family Services Statewide Youth | 22 | | Advisory Board Act.
| 23 | | (b) "Person" means any individual, corporation, | 24 | | partnership, firm,
organization
or association, acting |
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| 1 | | individually or as a group.
| 2 | | (c) "Public records" means all records, reports, forms, | 3 | | writings, letters,
memoranda, books, papers, maps, | 4 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 5 | | data processing records, electronic communications, recorded | 6 | | information and all other
documentary
materials pertaining to | 7 | | the transaction of public business, regardless of physical form | 8 | | or characteristics, having been
prepared by or for, or having | 9 | | been or being used by, received by, in the possession of, or | 10 | | under the
control
of
any public body. | 11 | | (c-5) "Private information" means unique identifiers, | 12 | | including a person's social security number, driver's license | 13 | | number, employee identification number, biometric identifiers, | 14 | | personal financial information, passwords or other access | 15 | | codes, medical records, home or personal telephone numbers, and | 16 | | personal email addresses. Private information also includes | 17 | | home address and personal license plates, except as otherwise | 18 | | provided by law or when compiled without possibility of | 19 | | attribution to any person. | 20 | | (c-10) "Commercial purpose" means the use of any part of a | 21 | | public record or records, or information derived from public | 22 | | records, in any form for sale, resale, or solicitation or | 23 | | advertisement for sales or services. For purposes of this | 24 | | definition, requests made by news media and non-profit, | 25 | | scientific, or academic organizations shall not be considered | 26 | | to be made for a "commercial purpose" when the principal |
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| 1 | | purpose of the request is (i) to access and disseminate | 2 | | information concerning news and current or passing events, (ii) | 3 | | for articles of opinion or features of interest to the public, | 4 | | or (iii) for the purpose of academic, scientific, or public | 5 | | research or education.
| 6 | | (d) "Copying" means the reproduction of any public record | 7 | | by means of any
photographic, electronic, mechanical or other | 8 | | process, device or means now known or hereafter developed and | 9 | | available to the public body.
| 10 | | (e) "Head of the public body" means the president, mayor, | 11 | | chairman,
presiding
officer, director, superintendent, | 12 | | manager, supervisor or individual otherwise
holding primary | 13 | | executive and administrative authority for the public
body, or | 14 | | such person's duly authorized designee.
| 15 | | (f) "News media" means a newspaper or other periodical | 16 | | issued at regular
intervals whether in print or electronic | 17 | | format, a news service whether
in print or electronic format, a | 18 | | radio
station, a television station, a television network, a | 19 | | community
antenna television service, or a person or | 20 | | corporation engaged in making news
reels or other motion | 21 | | picture news for public showing.
| 22 | | (g) "Recurrent requester", as used in Section 3.2 of this | 23 | | Act, means a person that, in the 12 months immediately | 24 | | preceding the request, has submitted to the same public body | 25 | | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | 26 | | requests for records within a 30-day period, or (iii) a minimum |
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| 1 | | of 7 requests for records within a 7-day period. For purposes | 2 | | of this definition, requests made by news media and non-profit, | 3 | | scientific, or academic organizations shall not be considered | 4 | | in calculating the number of requests made in the time periods | 5 | | in this definition when the principal purpose of the requests | 6 | | is (i) to access and disseminate information concerning news | 7 | | and current or passing events, (ii) for articles of opinion or | 8 | | features of interest to the public, or (iii) for the purpose of | 9 | | academic, scientific, or public research or education. | 10 | | For the purposes of this subsection (g), "request" means a | 11 | | written document (or oral request, if the public body chooses | 12 | | to honor oral requests) that is submitted to a public body via | 13 | | personal delivery, mail, telefax, electronic mail, or other | 14 | | means available to the public body and that identifies the | 15 | | particular public record the requester seeks. One request may | 16 | | identify multiple records to be inspected or copied. | 17 | | (Source: P.A. 97-579, eff. 8-26-11; 98-806, eff. 1-1-15 .)
| 18 | | Section 7. The Illinois Public Labor Relations Act is | 19 | | amended by changing Section 3 as follows: | 20 | | (5 ILCS 315/3) (from Ch. 48, par. 1603)
| 21 | | Sec. 3. Definitions. As used in this Act, unless the | 22 | | context
otherwise requires:
| 23 | | (a) "Board" means the Illinois
Labor Relations Board or, | 24 | | with respect to a matter over which the
jurisdiction of the |
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| 1 | | Board is assigned to the State Panel or the Local Panel
under | 2 | | Section 5, the panel having jurisdiction over the matter.
| 3 | | (b) "Collective bargaining" means bargaining over terms | 4 | | and conditions
of employment, including hours, wages, and other | 5 | | conditions of employment,
as detailed in Section 7 and which | 6 | | are not excluded by Section 4.
| 7 | | (c) "Confidential employee" means an employee who, in the | 8 | | regular course
of his or her duties, assists and acts in a | 9 | | confidential capacity to persons
who formulate, determine, and | 10 | | effectuate management policies with regard
to labor relations | 11 | | or who, in the regular course of his or her duties, has
| 12 | | authorized access to information relating to the effectuation
| 13 | | or review of the employer's collective bargaining policies.
| 14 | | (d) "Craft employees" means skilled journeymen, crafts | 15 | | persons, and their
apprentices and helpers.
| 16 | | (e) "Essential services employees" means those public | 17 | | employees
performing functions so essential that the | 18 | | interruption or termination of
the function will constitute a | 19 | | clear and present danger to the health and
safety of the | 20 | | persons in the affected community.
| 21 | | (f) "Exclusive representative", except with respect to | 22 | | non-State fire
fighters and paramedics employed by fire | 23 | | departments and fire protection
districts, non-State peace | 24 | | officers, and peace officers in the
Department of State Police, | 25 | | means the labor organization that has
been (i) designated by | 26 | | the Board as the representative of a majority of public
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| 1 | | employees in an appropriate bargaining unit in accordance with | 2 | | the procedures
contained in this Act, (ii) historically
| 3 | | recognized by the State of Illinois or
any political | 4 | | subdivision of the State before July 1, 1984
(the effective | 5 | | date of this
Act) as the exclusive representative of the | 6 | | employees in an appropriate
bargaining unit, (iii) after July | 7 | | 1, 1984 (the
effective date of this Act) recognized by an
| 8 | | employer upon evidence, acceptable to the Board, that the labor
| 9 | | organization has been designated as the exclusive | 10 | | representative by a
majority of the employees in an appropriate | 11 | | bargaining unit;
(iv) recognized as the exclusive | 12 | | representative of personal
assistants under Executive Order | 13 | | 2003-8 prior to the effective date of this
amendatory
Act of | 14 | | the 93rd General Assembly, and the organization shall be | 15 | | considered to
be the
exclusive representative of the personal | 16 | | assistants
as defined
in this Section; or (v) recognized as the | 17 | | exclusive representative of child and day care home providers, | 18 | | including licensed and license exempt providers, pursuant to an | 19 | | election held under Executive Order 2005-1 prior to the | 20 | | effective date of this amendatory Act of the 94th General | 21 | | Assembly, and the organization shall be considered to be the | 22 | | exclusive representative of the child and day care home | 23 | | providers as defined in this Section.
| 24 | | With respect to non-State fire fighters and paramedics | 25 | | employed by fire
departments and fire protection districts, | 26 | | non-State peace officers, and
peace officers in the Department |
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| 1 | | of State Police,
"exclusive representative" means the labor | 2 | | organization that has
been (i) designated by the Board as the | 3 | | representative of a majority of peace
officers or fire fighters | 4 | | in an appropriate bargaining unit in accordance
with the | 5 | | procedures contained in this Act, (ii)
historically recognized
| 6 | | by the State of Illinois or any political subdivision of the | 7 | | State before
January 1, 1986 (the effective date of this | 8 | | amendatory Act of 1985) as the exclusive
representative by a | 9 | | majority of the peace officers or fire fighters in an
| 10 | | appropriate bargaining unit, or (iii) after January 1,
1986 | 11 | | (the effective date of this amendatory
Act of 1985) recognized | 12 | | by an employer upon evidence, acceptable to the
Board, that the | 13 | | labor organization has been designated as the exclusive
| 14 | | representative by a majority of the peace officers or fire | 15 | | fighters in an
appropriate bargaining unit.
| 16 | | Where a historical pattern of representation exists for the | 17 | | workers of a water system that was owned by a public utility, | 18 | | as defined in Section 3-105 of the Public Utilities Act, prior | 19 | | to becoming certified employees of a municipality or | 20 | | municipalities once the municipality or municipalities have | 21 | | acquired the water system as authorized in Section 11-124-5 of | 22 | | the Illinois Municipal Code, the Board shall find the labor | 23 | | organization that has historically represented the workers to | 24 | | be the exclusive representative under this Act, and shall find | 25 | | the unit represented by the exclusive representative to be the | 26 | | appropriate unit. |
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| 1 | | (g) "Fair share agreement" means an agreement between the | 2 | | employer and
an employee organization under which all or any of | 3 | | the employees in a
collective bargaining unit are required to | 4 | | pay their proportionate share of
the costs of the collective | 5 | | bargaining process, contract administration, and
pursuing | 6 | | matters affecting wages, hours, and other conditions of | 7 | | employment,
but not to exceed the amount of dues uniformly | 8 | | required of members. The
amount certified by the exclusive | 9 | | representative shall not include any fees
for contributions | 10 | | related to the election or support of any candidate for
| 11 | | political office. Nothing in this subsection (g) shall
preclude | 12 | | an employee from making
voluntary political contributions in | 13 | | conjunction with his or her fair share
payment.
| 14 | | (g-1) "Fire fighter" means, for the purposes of this Act | 15 | | only, any
person who has been or is hereafter appointed to a | 16 | | fire department or fire
protection district or employed by a | 17 | | state university and sworn or
commissioned to perform fire | 18 | | fighter duties or paramedic duties, except that the
following | 19 | | persons are not included: part-time fire fighters,
auxiliary, | 20 | | reserve or voluntary fire fighters, including paid on-call fire
| 21 | | fighters, clerks and dispatchers or other civilian employees of | 22 | | a fire
department or fire protection district who are not | 23 | | routinely expected to
perform fire fighter duties, or elected | 24 | | officials.
| 25 | | (g-2) "General Assembly of the State of Illinois" means the
| 26 | | legislative branch of the government of the State of Illinois, |
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| 1 | | as provided
for under Article IV of the Constitution of the | 2 | | State of Illinois, and
includes but is not limited to the House | 3 | | of Representatives, the Senate,
the Speaker of the House of | 4 | | Representatives, the Minority Leader of the
House of | 5 | | Representatives, the President of the Senate, the Minority | 6 | | Leader
of the Senate, the Joint Committee on Legislative | 7 | | Support Services and any
legislative support services agency | 8 | | listed in the Legislative Commission
Reorganization Act of | 9 | | 1984.
| 10 | | (h) "Governing body" means, in the case of the State, the | 11 | | State Panel of
the Illinois Labor Relations Board, the Director | 12 | | of the Department of Central
Management Services, and the | 13 | | Director of the Department of Labor; the county
board in the | 14 | | case of a county; the corporate authorities in the case of a
| 15 | | municipality; and the appropriate body authorized to provide | 16 | | for expenditures
of its funds in the case of any other unit of | 17 | | government.
| 18 | | (i) "Labor organization" means any organization in which | 19 | | public employees
participate and that exists for the purpose, | 20 | | in whole or in part, of dealing
with a public employer | 21 | | concerning wages, hours, and other terms and conditions
of | 22 | | employment, including the settlement of grievances.
| 23 | | (i-5) "Legislative liaison" means a person who is an | 24 | | employee of a State agency, the Attorney General, the Secretary | 25 | | of State, the Comptroller, or the Treasurer, as the case may | 26 | | be, and whose job duties require the person to regularly |
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| 1 | | communicate in the course of his or her employment with any | 2 | | official or staff of the General Assembly of the State of | 3 | | Illinois for the purpose of influencing any legislative action. | 4 | | (j) "Managerial employee" means an individual who is | 5 | | engaged
predominantly in executive and management functions | 6 | | and is charged with the
responsibility of directing the | 7 | | effectuation of management policies
and practices. With | 8 | | respect only to State employees in positions under the | 9 | | jurisdiction of the Attorney General, Secretary of State, | 10 | | Comptroller, or Treasurer (i) that were certified in a | 11 | | bargaining unit on or after December 2, 2008, (ii) for which a | 12 | | petition is filed with the Illinois Public Labor Relations | 13 | | Board on or after April 5, 2013 (the effective date of Public | 14 | | Act 97-1172), or (iii) for which a petition is pending before | 15 | | the Illinois Public Labor Relations Board on that date, | 16 | | "managerial employee" means an individual who is engaged in | 17 | | executive and management functions or who is charged with the | 18 | | effectuation of management policies and practices or who | 19 | | represents management interests by taking or recommending | 20 | | discretionary actions that effectively control or implement | 21 | | policy. Nothing in this definition prohibits an individual from | 22 | | also meeting the definition of "supervisor" under subsection | 23 | | (r) of this Section.
| 24 | | (k) "Peace officer" means, for the purposes of this Act | 25 | | only, any
persons who have been or are hereafter appointed to a | 26 | | police force,
department, or agency and sworn or commissioned |
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| 1 | | to perform police duties,
except that the following persons are | 2 | | not
included: part-time police
officers, special police | 3 | | officers, auxiliary police as defined by Section
3.1-30-20 of | 4 | | the Illinois Municipal Code, night watchmen, "merchant | 5 | | police",
court security officers as defined by Section 3-6012.1 | 6 | | of the Counties
Code,
temporary employees, traffic guards or | 7 | | wardens, civilian parking meter and
parking facilities | 8 | | personnel or other individuals specially appointed to
aid or | 9 | | direct traffic at or near schools or public functions or to aid | 10 | | in
civil defense or disaster, parking enforcement employees who | 11 | | are not
commissioned as peace officers and who are not armed | 12 | | and who are not
routinely expected to effect arrests, parking | 13 | | lot attendants, clerks and
dispatchers or other civilian | 14 | | employees of a police department who are not
routinely expected | 15 | | to effect arrests, or elected officials.
| 16 | | (l) "Person" includes one or more individuals, labor | 17 | | organizations, public
employees, associations, corporations, | 18 | | legal representatives, trustees,
trustees in bankruptcy, | 19 | | receivers, or the State of Illinois or any political
| 20 | | subdivision of the State or governing body, but does not | 21 | | include the General
Assembly of the State of Illinois or any | 22 | | individual employed by the General
Assembly of the State of | 23 | | Illinois.
| 24 | | (m) "Professional employee" means any employee engaged in | 25 | | work predominantly
intellectual and varied in character rather | 26 | | than routine mental, manual,
mechanical or physical work; |
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| 1 | | involving the consistent exercise of discretion
and adjustment | 2 | | in its performance; of such a character that the output | 3 | | produced
or the result accomplished cannot be standardized in | 4 | | relation to a given
period of time; and requiring advanced | 5 | | knowledge in a field of science or
learning customarily | 6 | | acquired by a prolonged course of specialized intellectual
| 7 | | instruction and study in an institution of higher learning or a | 8 | | hospital,
as distinguished from a general academic education or | 9 | | from apprenticeship
or from training in the performance of | 10 | | routine mental, manual, or physical
processes; or any employee | 11 | | who has completed the courses of specialized
intellectual | 12 | | instruction and study prescribed in this subsection (m) and is
| 13 | | performing related
work under the supervision of a professional | 14 | | person to qualify to become
a professional employee as defined | 15 | | in this subsection (m).
| 16 | | (n) "Public employee" or "employee", for the purposes of | 17 | | this Act, means
any individual employed by a public employer, | 18 | | including (i) interns and residents
at public hospitals, (ii) | 19 | | as of the effective date of this amendatory Act of the 93rd | 20 | | General
Assembly, but not
before, personal assistants working | 21 | | under the Home
Services
Program under Section 3 of the Disabled | 22 | | Persons Rehabilitation Act, subject to
the
limitations set | 23 | | forth in this Act and in the Disabled Persons Rehabilitation
| 24 | | Act,
(iii) as of the effective date of this amendatory Act of | 25 | | the 94th General Assembly, but not before, child and day care | 26 | | home providers participating in the child care assistance |
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| 1 | | program under Section 9A-11 of the Illinois Public Aid Code, | 2 | | subject to the limitations set forth in this Act and in Section | 3 | | 9A-11 of the Illinois Public Aid Code, (iv) as of January 29, | 4 | | 2013 (the effective date of Public Act 97-1158), but not before | 5 | | except as otherwise provided in this subsection (n), home care | 6 | | and home health workers who function as personal assistants and | 7 | | individual maintenance home health workers and who also work | 8 | | under the Home Services Program under Section 3 of the Disabled | 9 | | Persons Rehabilitation Act, no matter whether the State | 10 | | provides those services through direct fee-for-service | 11 | | arrangements, with the assistance of a managed care | 12 | | organization or other intermediary, or otherwise, (v) | 13 | | beginning on the effective date of this amendatory Act of the | 14 | | 98th General Assembly and notwithstanding any other provision | 15 | | of this Act, any person employed by a public employer and who | 16 | | is classified as or who holds the employment title of Chief | 17 | | Stationary Engineer, Assistant Chief Stationary Engineer, | 18 | | Sewage Plant Operator, Water Plant Operator, Stationary | 19 | | Engineer, Plant Operating Engineer, and any other employee who | 20 | | holds the position of: Civil Engineer V, Civil Engineer VI, | 21 | | Civil Engineer VII, Technical Manager I, Technical Manager II, | 22 | | Technical Manager III, Technical Manager IV, Technical Manager | 23 | | V, Technical Manager VI, Realty Specialist III, Realty | 24 | | Specialist IV, Realty Specialist V, Technical Advisor I, | 25 | | Technical Advisor II, Technical Advisor III, Technical Advisor | 26 | | IV, or Technical Advisor V employed by the Department of |
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| 1 | | Transportation who is in a position which is certified in a | 2 | | bargaining unit on or before the effective date of this | 3 | | amendatory Act of the 98th General Assembly, and (vi) beginning | 4 | | on the effective date of this amendatory Act of the 98th | 5 | | General Assembly and notwithstanding any other provision of | 6 | | this Act, any mental health administrator in the Department of | 7 | | Corrections who is classified as or who holds the position of | 8 | | Public Service Administrator (Option 8K), any employee of the | 9 | | Office of the Inspector General in the Department of Human | 10 | | Services who is classified as or who holds the position of | 11 | | Public Service Administrator (Option 7), any Deputy of | 12 | | Intelligence in the Department of Corrections who is classified | 13 | | as or who holds the position of Public Service Administrator | 14 | | (Option 7), and any employee of the Department of State Police | 15 | | who handles issues concerning the Illinois State Police Sex | 16 | | Offender Registry and who is classified as or holds the | 17 | | position of Public Service Administrator (Option 7), but | 18 | | excluding all of the following: employees of the
General | 19 | | Assembly of the State of Illinois; elected officials; executive
| 20 | | heads of a department; members of boards or commissions; the | 21 | | Executive
Inspectors General; any special Executive Inspectors | 22 | | General; employees of each
Office of an Executive Inspector | 23 | | General;
commissioners and employees of the Executive Ethics | 24 | | Commission; the Auditor
General's Inspector General; employees | 25 | | of the Office of the Auditor General's
Inspector General; the | 26 | | Legislative Inspector General; any special Legislative
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| 1 | | Inspectors General; employees of the Office
of the Legislative | 2 | | Inspector General;
commissioners and employees of the | 3 | | Legislative Ethics Commission;
employees
of any
agency, board | 4 | | or commission created by this Act; members of the Illinois | 5 | | Health Benefits Exchange Board and employees of the Illinois | 6 | | Health Benefits Exchange; employees appointed to
State | 7 | | positions of a temporary or emergency nature; all employees of | 8 | | school
districts and higher education institutions except | 9 | | firefighters and peace
officers employed
by a state university | 10 | | and except peace officers employed by a school district in its | 11 | | own police department in existence on the effective date of | 12 | | this amendatory Act of the 96th General Assembly; managerial | 13 | | employees; short-term employees; legislative liaisons; a | 14 | | person who is a State employee under the jurisdiction of the | 15 | | Office of the Attorney General who is licensed to practice law | 16 | | or whose position authorizes, either directly or indirectly, | 17 | | meaningful input into government decision-making on issues | 18 | | where there is room for principled disagreement on goals or | 19 | | their implementation; a person who is a State employee under | 20 | | the jurisdiction of the Office of the Comptroller who holds the | 21 | | position of Public Service Administrator or whose position is | 22 | | otherwise exempt under the Comptroller Merit Employment Code; a | 23 | | person who is a State employee under the jurisdiction of the | 24 | | Secretary of State who holds the position classification of | 25 | | Executive I or higher, whose position authorizes, either | 26 | | directly or indirectly, meaningful input into government |
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| 1 | | decision-making on issues where there is room for principled | 2 | | disagreement on goals or their implementation, or who is | 3 | | otherwise exempt under the Secretary of State Merit Employment | 4 | | Code; employees in the Office of the Secretary of State who are | 5 | | completely exempt from jurisdiction B of the Secretary of State | 6 | | Merit Employment Code and who are in Rutan-exempt positions on | 7 | | or after April 5, 2013 (the effective date of Public Act | 8 | | 97-1172); a person who is a State employee under the | 9 | | jurisdiction of the Treasurer who holds a position that is | 10 | | exempt from the State Treasurer Employment Code; any employee | 11 | | of a State agency who (i) holds the title or position of, or | 12 | | exercises substantially similar duties as a legislative | 13 | | liaison, Agency General Counsel, Agency Chief of Staff, Agency | 14 | | Executive Director, Agency Deputy Director, Agency Chief | 15 | | Fiscal Officer, Agency Human Resources Director, Public | 16 | | Information Officer, or Chief Information Officer and (ii) was | 17 | | neither included in a bargaining unit nor subject to an active | 18 | | petition for certification in a bargaining unit; any employee | 19 | | of a State agency who (i) is in a position that is | 20 | | Rutan-exempt, as designated by the employer, and completely | 21 | | exempt from jurisdiction B of the Personnel Code and (ii) was | 22 | | neither included in a bargaining unit nor subject to an active | 23 | | petition for certification in a bargaining unit; any term | 24 | | appointed employee of a State agency pursuant to Section 8b.18 | 25 | | or 8b.19 of the Personnel Code who was neither included in a | 26 | | bargaining unit nor subject to an active petition for |
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| 1 | | certification in a bargaining unit; any employment position | 2 | | properly designated pursuant to Section 6.1 of this Act;
| 3 | | confidential employees; independent contractors; and | 4 | | supervisors except as
provided in this Act.
| 5 | | Home care
and home health workers who function as personal | 6 | | assistants and individual maintenance home health workers and | 7 | | who also work under the Home Services Program under Section 3 | 8 | | of the Disabled Persons Rehabilitation Act shall not be | 9 | | considered
public
employees for any purposes not specifically | 10 | | provided for in Public Act 93-204 or Public Act 97-1158, | 11 | | including but not limited to, purposes of vicarious
liability | 12 | | in tort
and purposes of statutory retirement or health | 13 | | insurance benefits. Home care and home health workers who | 14 | | function as personal assistants and individual maintenance | 15 | | home health workers and who also work under the Home Services | 16 | | Program under Section 3 of the Disabled Persons Rehabilitation | 17 | | Act shall not be covered by the State Employees
Group
Insurance | 18 | | Act of 1971 (5 ILCS 375/).
| 19 | | Child and day care home providers shall not be considered | 20 | | public employees for any purposes not specifically provided for | 21 | | in this amendatory Act of the 94th General Assembly, including | 22 | | but not limited to, purposes of vicarious liability in tort and | 23 | | purposes of statutory retirement or health insurance benefits. | 24 | | Child and day care home providers shall not be covered by the | 25 | | State Employees Group Insurance Act of 1971. | 26 | | Notwithstanding Section 9, subsection (c), or any other |
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| 1 | | provisions of
this Act, all peace officers above the rank of | 2 | | captain in
municipalities with more than 1,000,000 inhabitants | 3 | | shall be excluded
from this Act.
| 4 | | (o) Except as otherwise in subsection (o-5), "public | 5 | | employer" or "employer" means the State of Illinois; any
| 6 | | political subdivision of the State, unit of local government or | 7 | | school
district; authorities including departments, divisions, | 8 | | bureaus, boards,
commissions, or other agencies of the | 9 | | foregoing entities; and any person
acting within the scope of | 10 | | his or her authority, express or implied, on
behalf of those | 11 | | entities in dealing with its employees.
As of the effective | 12 | | date of the amendatory Act of the 93rd General Assembly,
but | 13 | | not
before, the State of Illinois shall be considered the | 14 | | employer of the personal assistants working under the Home | 15 | | Services Program
under
Section 3 of the Disabled Persons | 16 | | Rehabilitation Act, subject to the
limitations set forth
in | 17 | | this Act and in the Disabled Persons Rehabilitation Act. As of | 18 | | January 29, 2013 (the effective date of Public Act 97-1158), | 19 | | but not before except as otherwise provided in this subsection | 20 | | (o), the State shall be considered the employer of home care | 21 | | and home health workers who function as personal assistants and | 22 | | individual maintenance home health workers and who also work | 23 | | under the Home Services Program under Section 3 of the Disabled | 24 | | Persons Rehabilitation Act, no matter whether the State | 25 | | provides those services through direct fee-for-service | 26 | | arrangements, with the assistance of a managed care |
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| 1 | | organization or other intermediary, or otherwise, but subject | 2 | | to the limitations set forth in this Act and the Disabled | 3 | | Persons Rehabilitation Act. The State shall not
be
considered | 4 | | to be the employer of home care and home health workers who | 5 | | function as personal
assistants and individual maintenance | 6 | | home health workers and who also work under the Home Services | 7 | | Program under Section 3 of the Disabled Persons Rehabilitation | 8 | | Act, for any
purposes not specifically provided for in Public | 9 | | Act 93-204 or Public Act 97-1158, including but not limited to, | 10 | | purposes of vicarious liability in tort
and
purposes of | 11 | | statutory retirement or health insurance benefits. Home care | 12 | | and home health workers who function as
personal assistants and | 13 | | individual maintenance home health workers and who also work | 14 | | under the Home Services Program under Section 3 of the Disabled | 15 | | Persons Rehabilitation Act shall not be covered by the State | 16 | | Employees Group
Insurance Act of 1971
(5 ILCS 375/).
As of the | 17 | | effective date of this amendatory Act of the 94th General | 18 | | Assembly but not before, the State of Illinois shall be | 19 | | considered the employer of the day and child care home | 20 | | providers participating in the child care assistance program | 21 | | under Section 9A-11 of the Illinois Public Aid Code, subject to | 22 | | the limitations set forth in this Act and in Section 9A-11 of | 23 | | the Illinois Public Aid Code. The State shall not be considered | 24 | | to be the employer of child and day care home providers for any | 25 | | purposes not specifically provided for in this amendatory Act | 26 | | of the 94th General Assembly, including but not limited to, |
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| 1 | | purposes of vicarious liability in tort and purposes of | 2 | | statutory retirement or health insurance benefits. Child and | 3 | | day care home providers shall not be covered by the State | 4 | | Employees Group Insurance Act of 1971. | 5 | | "Public employer" or
"employer" as used in this Act, | 6 | | however, does not
mean and shall not include the General | 7 | | Assembly of the State of Illinois,
the Executive Ethics | 8 | | Commission, the Offices of the Executive Inspectors
General, | 9 | | the Legislative Ethics Commission, the Office of the | 10 | | Legislative
Inspector General, the Office of the Auditor | 11 | | General's Inspector General, the Office of the Governor, the | 12 | | Governor's Office of Management and Budget, the Illinois | 13 | | Finance Authority, the Office of the Lieutenant Governor, the | 14 | | State Board of Elections, the Illinois Health Benefits | 15 | | Exchange, and educational employers or employers as defined in | 16 | | the Illinois
Educational Labor Relations Act, except with | 17 | | respect to a state university in
its employment of firefighters | 18 | | and peace officers and except with respect to a school district | 19 | | in the employment of peace officers in its own police | 20 | | department in existence on the effective date of this | 21 | | amendatory Act of the 96th General Assembly. County boards and | 22 | | county
sheriffs shall be
designated as joint or co-employers of | 23 | | county peace officers appointed
under the authority of a county | 24 | | sheriff. Nothing in this subsection
(o) shall be construed
to | 25 | | prevent the State Panel or the Local Panel
from determining | 26 | | that employers are joint or co-employers.
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| 1 | | (o-5) With respect to
wages, fringe
benefits, hours, | 2 | | holidays, vacations, proficiency
examinations, sick leave, and | 3 | | other conditions of
employment, the public employer of public | 4 | | employees who are court reporters, as
defined in the Court | 5 | | Reporters Act, shall be determined as
follows:
| 6 | | (1) For court reporters employed by the Cook County | 7 | | Judicial
Circuit, the chief judge of the Cook County | 8 | | Circuit
Court is the public employer and employer | 9 | | representative.
| 10 | | (2) For court reporters employed by the 12th, 18th, | 11 | | 19th, and, on and after December 4, 2006, the 22nd judicial
| 12 | | circuits, a group consisting of the chief judges of those | 13 | | circuits, acting
jointly by majority vote, is the public | 14 | | employer and employer representative.
| 15 | | (3) For court reporters employed by all other judicial | 16 | | circuits,
a group consisting of the chief judges of those | 17 | | circuits, acting jointly by
majority vote, is the public | 18 | | employer and employer representative.
| 19 | | (p) "Security employee" means an employee who is | 20 | | responsible for the
supervision and control of inmates at | 21 | | correctional facilities. The term
also includes other | 22 | | non-security employees in bargaining units having the
majority | 23 | | of employees being responsible for the supervision and control | 24 | | of
inmates at correctional facilities.
| 25 | | (q) "Short-term employee" means an employee who is employed | 26 | | for less
than 2 consecutive calendar quarters during a calendar |
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| 1 | | year and who does
not have a reasonable assurance that he or | 2 | | she will be rehired by the
same employer for the same service | 3 | | in a subsequent calendar year.
| 4 | | (q-5) "State agency" means an agency directly responsible | 5 | | to the Governor, as defined in Section 3.1 of the Executive | 6 | | Reorganization Implementation Act, and the Illinois Commerce | 7 | | Commission, the Illinois Workers' Compensation Commission, the | 8 | | Civil Service Commission, the Pollution Control Board, the | 9 | | Illinois Racing Board, and the Department of State Police Merit | 10 | | Board. | 11 | | (r) "Supervisor" is: | 12 | | (1) An employee whose principal work is substantially
| 13 | | different from that of his or her subordinates and who has | 14 | | authority, in the
interest of the employer, to hire, | 15 | | transfer, suspend, lay off, recall,
promote, discharge, | 16 | | direct, reward, or discipline employees, to adjust
their | 17 | | grievances, or to effectively recommend any of those | 18 | | actions, if the
exercise
of that authority is not of a | 19 | | merely routine or clerical nature, but
requires the | 20 | | consistent use of independent judgment. Except with | 21 | | respect to
police employment, the term "supervisor" | 22 | | includes only those individuals
who devote a preponderance | 23 | | of their employment time to exercising that
authority, | 24 | | State supervisors notwithstanding. Nothing in this | 25 | | definition prohibits an individual from also meeting the | 26 | | definition of "managerial employee" under subsection (j) |
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| 1 | | of this Section. In addition, in determining
supervisory | 2 | | status in police employment, rank shall not be | 3 | | determinative.
The Board shall consider, as evidence of | 4 | | bargaining unit inclusion or
exclusion, the common law | 5 | | enforcement policies and relationships between
police | 6 | | officer ranks and certification under applicable civil | 7 | | service law,
ordinances, personnel codes, or Division 2.1 | 8 | | of Article 10 of the Illinois
Municipal Code, but these | 9 | | factors shall not
be the sole or predominant factors | 10 | | considered by the Board in determining
police supervisory | 11 | | status.
| 12 | | Notwithstanding the provisions of the preceding | 13 | | paragraph, in determining
supervisory status in fire | 14 | | fighter employment, no fire fighter shall be
excluded as a | 15 | | supervisor who has established representation rights under
| 16 | | Section 9 of this Act. Further, in new fire fighter units, | 17 | | employees shall
consist of fire fighters of the rank of | 18 | | company officer and below. If a company officer otherwise | 19 | | qualifies as a supervisor under the preceding paragraph, | 20 | | however, he or she shall
not be included in the fire | 21 | | fighter
unit. If there is no rank between that of chief and | 22 | | the
highest company officer, the employer may designate a | 23 | | position on each
shift as a Shift Commander, and the | 24 | | persons occupying those positions shall
be supervisors. | 25 | | All other ranks above that of company officer shall be
| 26 | | supervisors.
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| 1 | | (2) With respect only to State employees in positions | 2 | | under the jurisdiction of the Attorney General, Secretary | 3 | | of State, Comptroller, or Treasurer (i) that were certified | 4 | | in a bargaining unit on or after December 2, 2008, (ii) for | 5 | | which a petition is filed with the Illinois Public Labor | 6 | | Relations Board on or after April 5, 2013 (the effective | 7 | | date of Public Act 97-1172), or (iii) for which a petition | 8 | | is pending before the Illinois Public Labor Relations Board | 9 | | on that date, an employee who qualifies as a supervisor | 10 | | under (A) Section 152 of the National Labor Relations Act | 11 | | and (B) orders of the National Labor Relations Board | 12 | | interpreting that provision or decisions of courts | 13 | | reviewing decisions of the National Labor Relations Board. | 14 | | (s)(1) "Unit" means a class of jobs or positions that are | 15 | | held by
employees whose collective interests may suitably be | 16 | | represented by a labor
organization for collective bargaining. | 17 | | Except with respect to non-State fire
fighters and paramedics | 18 | | employed by fire departments and fire protection
districts, | 19 | | non-State peace officers, and peace officers in the Department | 20 | | of
State Police, a bargaining unit determined by the Board | 21 | | shall not include both
employees and supervisors, or | 22 | | supervisors only, except as provided in paragraph
(2) of this | 23 | | subsection (s) and except for bargaining units in existence on | 24 | | July
1, 1984 (the effective date of this Act). With respect to | 25 | | non-State fire
fighters and paramedics employed by fire | 26 | | departments and fire protection
districts, non-State peace |
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| 1 | | officers, and peace officers in the Department of
State Police, | 2 | | a bargaining unit determined by the Board shall not include | 3 | | both
supervisors and nonsupervisors, or supervisors only, | 4 | | except as provided in
paragraph (2) of this subsection (s) and | 5 | | except for bargaining units in
existence on January 1, 1986 | 6 | | (the effective date of this amendatory Act of
1985). A | 7 | | bargaining unit determined by the Board to contain peace | 8 | | officers
shall contain no employees other than peace officers | 9 | | unless otherwise agreed to
by the employer and the labor | 10 | | organization or labor organizations involved.
Notwithstanding | 11 | | any other provision of this Act, a bargaining unit, including a
| 12 | | historical bargaining unit, containing sworn peace officers of | 13 | | the Department
of Natural Resources (formerly designated the | 14 | | Department of Conservation) shall
contain no employees other | 15 | | than such sworn peace officers upon the effective
date of this | 16 | | amendatory Act of 1990 or upon the expiration date of any
| 17 | | collective bargaining agreement in effect upon the effective | 18 | | date of this
amendatory Act of 1990 covering both such sworn | 19 | | peace officers and other
employees.
| 20 | | (2) Notwithstanding the exclusion of supervisors from | 21 | | bargaining units
as provided in paragraph (1) of this | 22 | | subsection (s), a public
employer may agree to permit its | 23 | | supervisory employees to form bargaining units
and may bargain | 24 | | with those units. This Act shall apply if the public employer
| 25 | | chooses to bargain under this subsection.
| 26 | | (3) Public employees who are court reporters, as defined
in |
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| 1 | | the Court Reporters Act,
shall be divided into 3 units for | 2 | | collective bargaining purposes. One unit
shall be court | 3 | | reporters employed by the Cook County Judicial Circuit; one
| 4 | | unit shall be court reporters employed by the 12th, 18th, 19th, | 5 | | and, on and after December 4, 2006, the 22nd judicial
circuits; | 6 | | and one unit shall be court reporters employed by all other
| 7 | | judicial circuits.
| 8 | | (t) "Active petition for certification in a bargaining | 9 | | unit" means a petition for certification filed with the Board | 10 | | under one of the following case numbers: S-RC-11-110; | 11 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; | 12 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; | 13 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; | 14 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; | 15 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; | 16 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; | 17 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; | 18 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; | 19 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; | 20 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; | 21 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; | 22 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; | 23 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or | 24 | | S-RC-07-100. | 25 | | (Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13; | 26 | | 97-1172, eff. 4-5-13; 98-100, eff. 7-19-13; 98-1004, eff. |
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| 1 | | 8-18-14.)
| 2 | | Section 8. The State Employee Indemnification Act is | 3 | | amended by changing Section 1 as follows: | 4 | | (5 ILCS 350/1) (from Ch. 127, par. 1301)
| 5 | | Sec. 1. Definitions. For the purpose of this Act:
| 6 | | (a) The term "State" means the State of Illinois, the | 7 | | General
Assembly, the court, or any State office, department, | 8 | | division, bureau,
board, commission, or committee, the | 9 | | governing boards of the public
institutions of higher education | 10 | | created by the State, the Illinois
National Guard, the | 11 | | Comprehensive Health Insurance Board, any poison control
| 12 | | center designated under the Poison Control System Act that | 13 | | receives State
funding, the Illinois Health Benefits Exchange, | 14 | | or any other agency or instrumentality of the State. It
does | 15 | | not mean any local public entity as that term is defined in | 16 | | Section
1-206 of the Local Governmental and Governmental | 17 | | Employees Tort Immunity
Act or a pension fund.
| 18 | | (b) The term "employee" means: any present or former | 19 | | elected or
appointed officer, trustee or employee of the State, | 20 | | or of a pension
fund;
any present or former commissioner or | 21 | | employee of the Executive Ethics
Commission or of the | 22 | | Legislative Ethics Commission; any present or former
| 23 | | Executive, Legislative, or Auditor General's Inspector | 24 | | General; any present or
former employee of an Office of an |
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| 1 | | Executive, Legislative, or Auditor General's
Inspector | 2 | | General; any present or former member of the Illinois National
| 3 | | Guard
while on active duty; individuals or organizations who | 4 | | contract with the
Department of Corrections, the Department of | 5 | | Juvenile Justice, the Comprehensive Health Insurance Board, or | 6 | | the
Department of Veterans' Affairs to provide services; | 7 | | individuals or
organizations who contract with the Department | 8 | | of Human Services (as
successor to the Department of Mental | 9 | | Health and Developmental
Disabilities) to provide services | 10 | | including but not limited to treatment and
other services for | 11 | | sexually violent persons; individuals or organizations who
| 12 | | contract with the Department of
Military
Affairs for youth | 13 | | programs; individuals or
organizations who contract to perform | 14 | | carnival and amusement ride safety
inspections for the | 15 | | Department of Labor; individuals who contract with the Office | 16 | | of the State's Attorneys Appellate Prosecutor to provide legal | 17 | | services, but only when performing duties within the scope of | 18 | | the Office's prosecutorial activities; individual | 19 | | representatives of or
designated organizations authorized to | 20 | | represent the Office of State Long-Term
Ombudsman for the | 21 | | Department on Aging; individual representatives of or
| 22 | | organizations designated by the Department on Aging in the | 23 | | performance of their
duties as adult protective services | 24 | | agencies or regional administrative agencies
under the Adult | 25 | | Protective Services Act; individuals or organizations | 26 | | appointed as members of a review team or the Advisory Council |
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| 1 | | under the Adult Protective Services Act; individuals or | 2 | | organizations who perform
volunteer services for the State | 3 | | where such volunteer relationship is reduced
to writing; | 4 | | individuals who serve on any public entity (whether created by | 5 | | law
or administrative action) described in paragraph (a) of | 6 | | this Section; individuals or not for profit organizations who, | 7 | | either as volunteers, where
such volunteer relationship is | 8 | | reduced to writing, or pursuant to contract,
furnish | 9 | | professional advice or consultation to any agency or | 10 | | instrumentality of
the State; individuals who serve as foster | 11 | | parents for the Department of
Children and Family Services when | 12 | | caring for a Department ward; individuals who serve as members | 13 | | of an independent team of experts under Brian's Law; and | 14 | | individuals
who serve as arbitrators pursuant to Part 10A of
| 15 | | Article II of the Code of Civil Procedure and the rules of the | 16 | | Supreme Court
implementing Part 10A, each as now or hereafter | 17 | | amended; the term "employee" does not mean an
independent | 18 | | contractor except as provided in this Section. The term | 19 | | includes an
individual appointed as an inspector by the | 20 | | Director of State Police when
performing duties within the | 21 | | scope of the activities of a Metropolitan
Enforcement Group or | 22 | | a law enforcement organization established under the
| 23 | | Intergovernmental Cooperation Act. An individual who renders | 24 | | professional
advice and consultation to the State through an | 25 | | organization which qualifies as
an "employee" under the Act is | 26 | | also an employee. The term includes the estate
or personal |
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| 1 | | representative of an employee.
| 2 | | (c) The term "pension fund" means a retirement system or | 3 | | pension
fund created under the Illinois Pension Code.
| 4 | | (Source: P.A. 98-49, eff. 7-1-13; 98-83, eff. 7-15-13; 98-732, | 5 | | eff. 7-16-14; 98-756, eff. 7-16-14.)
| 6 | | Section 10. The Personnel Code is amended by changing | 7 | | Section 4c as follows: | 8 | | (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) | 9 | | Sec. 4c. General exemptions. The following positions in | 10 | | State
service shall be exempt from jurisdictions A, B, and C, | 11 | | unless the
jurisdictions shall be extended as provided in this | 12 | | Act:
| 13 | | (1) All officers elected by the people.
| 14 | | (2) All positions under the Lieutenant Governor, | 15 | | Secretary of State,
State Treasurer, State Comptroller, | 16 | | State Board of Education, Clerk of
the Supreme Court,
| 17 | | Attorney General, and State Board of Elections.
| 18 | | (3) Judges, and officers and employees of the courts, | 19 | | and notaries
public.
| 20 | | (4) All officers and employees of the Illinois General | 21 | | Assembly, all
employees of legislative commissions, all | 22 | | officers and employees of the
Illinois Legislative | 23 | | Reference Bureau, the Legislative
Research Unit, and the | 24 | | Legislative Printing Unit.
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| 1 | | (5) All positions in the Illinois National Guard and | 2 | | Illinois State
Guard, paid from federal funds or positions
| 3 | | in the State Military Service filled by enlistment and paid | 4 | | from State
funds.
| 5 | | (6) All employees of the Governor at the executive | 6 | | mansion and on
his immediate personal staff.
| 7 | | (7) Directors of Departments, the Adjutant General, | 8 | | the Assistant
Adjutant General, the Director of the | 9 | | Illinois Emergency
Management Agency, members of boards | 10 | | and commissions, and all other
positions appointed by the | 11 | | Governor by and with the consent of the
Senate.
| 12 | | (8) The presidents, other principal administrative | 13 | | officers, and
teaching, research and extension faculties | 14 | | of
Chicago State University, Eastern Illinois University, | 15 | | Governors State
University, Illinois State University, | 16 | | Northeastern Illinois University,
Northern Illinois | 17 | | University, Western Illinois University, the Illinois
| 18 | | Community College Board, Southern Illinois
University, | 19 | | Illinois Board of Higher Education, University of
| 20 | | Illinois, State Universities Civil Service System, | 21 | | University Retirement
System of Illinois, and the | 22 | | administrative officers and scientific and
technical staff | 23 | | of the Illinois State Museum.
| 24 | | (9) All other employees except the presidents, other | 25 | | principal
administrative officers, and teaching, research | 26 | | and extension faculties
of the universities under the |
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| 1 | | jurisdiction of the Board of Regents and
the colleges and | 2 | | universities under the jurisdiction of the Board of
| 3 | | Governors of State Colleges and Universities, Illinois | 4 | | Community College
Board, Southern Illinois University, | 5 | | Illinois Board of Higher Education,
Board of Governors of | 6 | | State Colleges and Universities, the Board of
Regents, | 7 | | University of Illinois, State Universities Civil Service
| 8 | | System, University Retirement System of Illinois, so long | 9 | | as these are
subject to the provisions of the State | 10 | | Universities Civil Service Act.
| 11 | | (10) The State Police so long as they are subject to | 12 | | the merit
provisions of the State Police Act.
| 13 | | (11) (Blank).
| 14 | | (12) The technical and engineering staffs of the | 15 | | Department of
Transportation, the Department of Nuclear | 16 | | Safety, the Pollution Control
Board, and the Illinois | 17 | | Commerce Commission, and the technical and engineering
| 18 | | staff providing architectural and engineering services in | 19 | | the Department of
Central Management Services.
| 20 | | (13) All employees of the Illinois State Toll Highway | 21 | | Authority.
| 22 | | (14) The Secretary of the Illinois Workers' | 23 | | Compensation Commission.
| 24 | | (15) All persons who are appointed or employed by the | 25 | | Director of
Insurance under authority of Section 202 of the | 26 | | Illinois Insurance Code
to assist the Director of Insurance |
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| 1 | | in discharging his responsibilities
relating to the | 2 | | rehabilitation, liquidation, conservation, and
dissolution | 3 | | of companies that are subject to the jurisdiction of the
| 4 | | Illinois Insurance Code.
| 5 | | (16) All employees of the St. Louis Metropolitan Area | 6 | | Airport
Authority.
| 7 | | (17) All investment officers employed by the Illinois | 8 | | State Board of
Investment.
| 9 | | (18) Employees of the Illinois Young Adult | 10 | | Conservation Corps program,
administered by the Illinois | 11 | | Department of Natural Resources, authorized
grantee under | 12 | | Title VIII of the Comprehensive
Employment and Training Act | 13 | | of 1973, 29 USC 993.
| 14 | | (19) Seasonal employees of the Department of | 15 | | Agriculture for the
operation of the Illinois State Fair | 16 | | and the DuQuoin State Fair, no one
person receiving more | 17 | | than 29 days of such employment in any calendar year.
| 18 | | (20) All "temporary" employees hired under the | 19 | | Department of Natural
Resources' Illinois Conservation | 20 | | Service, a youth
employment program that hires young people | 21 | | to work in State parks for a period
of one year or less.
| 22 | | (21) All hearing officers of the Human Rights | 23 | | Commission.
| 24 | | (22) All employees of the Illinois Mathematics and | 25 | | Science Academy.
| 26 | | (23) All employees of the Kankakee River Valley Area
|
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| 1 | | Airport Authority.
| 2 | | (24) The commissioners and employees of the Executive | 3 | | Ethics
Commission.
| 4 | | (25) The Executive Inspectors General, including | 5 | | special Executive
Inspectors General, and employees of | 6 | | each Office of an
Executive Inspector General.
| 7 | | (26) The commissioners and employees of the | 8 | | Legislative Ethics
Commission.
| 9 | | (27) The Legislative Inspector General, including | 10 | | special Legislative
Inspectors General, and employees of | 11 | | the Office of
the Legislative Inspector General.
| 12 | | (28) The Auditor General's Inspector General and | 13 | | employees of the Office
of the Auditor General's Inspector | 14 | | General.
| 15 | | (29) All employees of the Illinois Power Agency. | 16 | | (30) Employees having demonstrable, defined advanced | 17 | | skills in accounting, financial reporting, or technical | 18 | | expertise who are employed within executive branch | 19 | | agencies and whose duties are directly related to the | 20 | | submission to the Office of the Comptroller of financial | 21 | | information for the publication of the Comprehensive | 22 | | Annual Financial Report (CAFR). | 23 | | (31) All employees of the Illinois Sentencing Policy | 24 | | Advisory Council. | 25 | | (32) The employees of the Illinois Health Benefits | 26 | | Exchange. |
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| 1 | | (Source: P.A. 97-618, eff. 10-26-11; 97-1055, eff. 8-23-12; | 2 | | 98-65, eff. 7-15-13.)
| 3 | | Section 15. The Department of Insurance Law of the
Civil | 4 | | Administrative Code of Illinois is amended by adding Section | 5 | | 1405-40 as follows: | 6 | | (20 ILCS 1405/1405-40 new) | 7 | | Sec. 1405-40. Transfer of the Comprehensive Health | 8 | | Insurance Plan. | 9 | | (a) On January 1, 2016, all powers, duties, rights, and | 10 | | responsibilities of the Comprehensive Health Insurance Plan | 11 | | and the Illinois Comprehensive Health Insurance Board shall be | 12 | | transferred to the Department of Insurance. | 13 | | (b) The Department of Insurance shall act on behalf of the | 14 | | Comprehensive Health Insurance Plan and the Illinois | 15 | | Comprehensive Health Insurance Board and shall have the power | 16 | | and duty to receive and answer correspondence, pay claims due | 17 | | and owing to the Department of Central Management Services | 18 | | revolving fund from any unencumbered funds, refer unpaid | 19 | | vendors to the court of claims, and arrange for the orderly | 20 | | termination of any affairs of the Comprehensive Health | 21 | | Insurance Plan and the Illinois Comprehensive Health Insurance | 22 | | Board that remain unresolved on or after January 1, 2016. | 23 | | (c) All books, records, papers, documents, property (real | 24 | | and personal), contracts, causes of action, and pending |
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| 1 | | business pertaining to the powers, duties, rights, and | 2 | | responsibilities transferred by this amendatory Act of the 98th | 3 | | General Assembly from the Comprehensive Health Insurance Plan | 4 | | and the Illinois Comprehensive Health Insurance Board to the | 5 | | Department of Insurance, including, but not limited to, | 6 | | material in electronic or magnetic format and necessary | 7 | | computer hardware and software, shall be transferred to the | 8 | | Department of Insurance. Records shall remain intact as | 9 | | regulated by the federal Health Insurance Portability and | 10 | | Accountability Act of 1996. | 11 | | (d) The personnel of the Comprehensive Health Insurance | 12 | | Plan and the Illinois Comprehensive Health Insurance Board | 13 | | shall be transferred to the Department of Insurance. The status | 14 | | and rights of those employees under the Personnel Code shall | 15 | | not be affected by the transfer. The rights of the employees | 16 | | and the State of Illinois and its agencies under the Personnel | 17 | | Code and applicable collective bargaining agreements or under | 18 | | any pension, retirement, or annuity plan shall not be affected | 19 | | by this amendatory Act of the 98th General Assembly. | 20 | | (e) All unexpended appropriations and balances and other | 21 | | funds available for use by the Comprehensive Health Insurance | 22 | | Plan and the Illinois Comprehensive Health Insurance Board | 23 | | shall be transferred for use by the Department of Insurance. | 24 | | Unexpended balances so transferred shall be expended only for | 25 | | the purpose for which the appropriations were originally made. | 26 | | (f) The powers, duties, rights, and responsibilities |
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| 1 | | transferred from the Comprehensive Health Insurance Plan and | 2 | | the Illinois Comprehensive Health Insurance Board shall be | 3 | | vested in and shall be exercised by the Department of | 4 | | Insurance. | 5 | | (g) Whenever reports or notices are now required to be made | 6 | | or given or papers or documents furnished or served by any | 7 | | person to or upon the Comprehensive Health Insurance Plan or | 8 | | the Illinois Comprehensive Health Insurance Board in | 9 | | connection with any of the powers, duties, rights, and | 10 | | responsibilities transferred by this amendatory Act of the 98th | 11 | | General Assembly, the same shall be made, given, furnished, or | 12 | | served in the same manner to or upon the Department of | 13 | | Insurance. | 14 | | (h) This amendatory Act of the 98th General Assembly does | 15 | | not affect any act done, ratified, or canceled or any right | 16 | | occurring or established or any action or proceeding had or | 17 | | commenced in an administrative, civil, or criminal cause by the | 18 | | Comprehensive Health Insurance Plan or the Illinois | 19 | | Comprehensive Health Insurance Board prior to January 1, 2016; | 20 | | such actions or proceedings may be prosecuted and continued by | 21 | | the Department of Insurance. | 22 | | Section 20. The Illinois State Auditing Act is amended by | 23 | | changing Section 3-1 as follows:
| 24 | | (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
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| 1 | | Sec. 3-1. Jurisdiction of Auditor General. The Auditor | 2 | | General has
jurisdiction over all State agencies to make post | 3 | | audits and investigations
authorized by or under this Act or | 4 | | the Constitution.
| 5 | | The Auditor General has jurisdiction over local government | 6 | | agencies
and private agencies only:
| 7 | | (a) to make such post audits authorized by or under | 8 | | this Act as are
necessary and incidental to a post audit of | 9 | | a State agency or of a
program administered by a State | 10 | | agency involving public funds of the
State, but this | 11 | | jurisdiction does not include any authority to review
local | 12 | | governmental agencies in the obligation, receipt, | 13 | | expenditure or
use of public funds of the State that are | 14 | | granted without limitation or
condition imposed by law, | 15 | | other than the general limitation that such
funds be used | 16 | | for public purposes;
| 17 | | (b) to make investigations authorized by or under this | 18 | | Act or the
Constitution; and
| 19 | | (c) to make audits of the records of local government | 20 | | agencies to verify
actual costs of state-mandated programs | 21 | | when directed to do so by the
Legislative Audit Commission | 22 | | at the request of the State Board of Appeals
under the | 23 | | State Mandates Act.
| 24 | | In addition to the foregoing, the Auditor General may | 25 | | conduct an
audit of the Metropolitan Pier and Exposition | 26 | | Authority, the
Regional Transportation Authority, the Suburban |
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| 1 | | Bus Division, the Commuter
Rail Division and the Chicago | 2 | | Transit Authority and any other subsidized
carrier when | 3 | | authorized by the Legislative Audit Commission. Such audit
may | 4 | | be a financial, management or program audit, or any combination | 5 | | thereof.
| 6 | | The audit shall determine whether they are operating in | 7 | | accordance with
all applicable laws and regulations. Subject to | 8 | | the limitations of this
Act, the Legislative Audit Commission | 9 | | may by resolution specify additional
determinations to be | 10 | | included in the scope of the audit.
| 11 | | In addition to the foregoing, the Auditor General must also | 12 | | conduct a
financial audit of
the Illinois Sports Facilities | 13 | | Authority's expenditures of public funds in
connection with the | 14 | | reconstruction, renovation, remodeling, extension, or
| 15 | | improvement of all or substantially all of any existing | 16 | | "facility", as that
term is defined in the Illinois Sports | 17 | | Facilities Authority Act.
| 18 | | The Auditor General may also conduct an audit, when | 19 | | authorized by
the Legislative Audit Commission, of any hospital | 20 | | which receives 10% or
more of its gross revenues from payments | 21 | | from the State of Illinois,
Department of Healthcare and Family | 22 | | Services (formerly Department of Public Aid), Medical | 23 | | Assistance Program.
| 24 | | The Auditor General is authorized to conduct financial and | 25 | | compliance
audits of the Illinois Distance Learning Foundation | 26 | | and the Illinois
Conservation Foundation.
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| 1 | | As soon as practical after the effective date of this | 2 | | amendatory Act of
1995, the Auditor General shall conduct a | 3 | | compliance and management audit of
the City of
Chicago and any | 4 | | other entity with regard to the operation of Chicago O'Hare
| 5 | | International Airport, Chicago Midway Airport and Merrill C. | 6 | | Meigs Field. The
audit shall include, but not be limited to, an | 7 | | examination of revenues,
expenses, and transfers of funds; | 8 | | purchasing and contracting policies and
practices; staffing | 9 | | levels; and hiring practices and procedures. When
completed, | 10 | | the audit required by this paragraph shall be distributed in
| 11 | | accordance with Section 3-14.
| 12 | | The Auditor General shall conduct a financial and | 13 | | compliance and program
audit of distributions from the | 14 | | Municipal Economic Development Fund
during the immediately | 15 | | preceding calendar year pursuant to Section 8-403.1 of
the | 16 | | Public Utilities Act at no cost to the city, village, or | 17 | | incorporated town
that received the distributions.
| 18 | | The Auditor General must conduct an audit of the Health | 19 | | Facilities and Services Review Board pursuant to Section 19.5 | 20 | | of the Illinois Health Facilities Planning
Act.
| 21 | | The Auditor General of the State of Illinois shall annually | 22 | | conduct or
cause to be conducted a financial and compliance | 23 | | audit of the books and records
of any county water commission | 24 | | organized pursuant to the Water Commission Act
of 1985 and | 25 | | shall file a copy of the report of that audit with the Governor | 26 | | and
the Legislative Audit Commission. The filed audit shall be |
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| 1 | | open to the public
for inspection. The cost of the audit shall | 2 | | be charged to the county water
commission in accordance with | 3 | | Section 6z-27 of the State Finance Act. The
county water | 4 | | commission shall make available to the Auditor General its | 5 | | books
and records and any other documentation, whether in the | 6 | | possession of its
trustees or other parties, necessary to | 7 | | conduct the audit required. These
audit requirements apply only | 8 | | through July 1, 2007.
| 9 | | The Auditor General must conduct audits of the Rend Lake | 10 | | Conservancy
District as provided in Section 25.5 of the River | 11 | | Conservancy Districts Act.
| 12 | | The Auditor General must conduct financial audits of the | 13 | | Southeastern Illinois Economic Development Authority as | 14 | | provided in Section 70 of the Southeastern Illinois Economic | 15 | | Development Authority Act.
| 16 | | The Auditor General shall conduct a compliance audit in | 17 | | accordance with subsections (d) and (f) of Section 30 of the | 18 | | Innovation Development and Economy Act. | 19 | | The Auditor General shall have the authority to conduct an | 20 | | audit of the Illinois Health Benefits Exchange. The audit may | 21 | | be a financial audit, a management audit, a program audit, or | 22 | | any combination thereof. | 23 | | (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09; | 24 | | 96-939, eff. 6-24-10.)
| 25 | | Section 25. The Illinois Procurement Code is amended by |
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| 1 | | changing Section 1-15.100 as follows:
| 2 | | (30 ILCS 500/1-15.100)
| 3 | | Sec. 1-15.100. State agency. "State agency" means and | 4 | | includes all
boards, commissions, agencies, institutions, | 5 | | authorities, and bodies politic
and corporate of the State, | 6 | | created by or in accordance with the constitution
or statute, | 7 | | of the executive branch of State government and does include
| 8 | | colleges, universities, and institutions under the | 9 | | jurisdiction of the
governing boards of the University of | 10 | | Illinois, Southern Illinois University,
Illinois State | 11 | | University, Eastern Illinois University, Northern Illinois
| 12 | | University, Western Illinois University, Chicago State | 13 | | University, Governor
State University, Northeastern Illinois | 14 | | University, and the Board of Higher
Education. However, this | 15 | | term does
not apply to public employee retirement systems or | 16 | | investment boards that are
subject to fiduciary duties imposed | 17 | | by the Illinois Pension Code or to the
University of Illinois | 18 | | Foundation. "State agency" does not include units of
local | 19 | | government, school districts, community colleges under the | 20 | | Public
Community College Act, and the Illinois Comprehensive | 21 | | Health Insurance Board , and the Illinois Health Benefits | 22 | | Exchange .
| 23 | | (Source: P.A. 90-572, eff. 2-6-98.)
| 24 | | Section 30. The Comprehensive Health Insurance Plan Act is |
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| 1 | | amended by adding Sections 16 and 17 as follows: | 2 | | (215 ILCS 105/16 new) | 3 | | Sec. 16. Cessation of operations. | 4 | | (a) Except as otherwise provided in this Section, the | 5 | | insurance operations of the Plan authorized by this Act shall | 6 | | cease on January 1, 2016. | 7 | | (b) Coverage under the Plan does not apply to service | 8 | | provided on or after January 1, 2016. | 9 | | (c) The Plan shall cease enrolling new participants on | 10 | | December 31, 2015. | 11 | | (d) The Plan shall cease providing coverage for | 12 | | participants enrolled prior to January 1, 2016 at 11:59 p.m. on | 13 | | December 31, 2015. Except as otherwise provided in this | 14 | | subsection (d), the Board shall provide at least 90 days | 15 | | written notice to all Plan participants of the cessation of | 16 | | coverage under this Section. For participants enrolled less | 17 | | than 90 days before January 1, 2016, notice of the cessation of | 18 | | coverage under this Section shall be provided to all applicants | 19 | | and to all participants upon enrollment. | 20 | | (e) Any claim for payment under the Plan must be submitted | 21 | | no later than 90 days after January 1, 2016, and any valid | 22 | | claim submitted on or after January 1, 2016 must be paid within | 23 | | 90 days after receipt. | 24 | | (f) Any grievance shall be resolved by the Board not later | 25 | | than October 31, 2016. |
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| 1 | | (g) Balance billing under this Section by a health care | 2 | | provider that is not a member of the provider network | 3 | | arrangement used by the Plan is prohibited. | 4 | | (h) The Board shall, not later than June 30, 2015, submit | 5 | | to the Director a plan of dissolution, which must provide for, | 6 | | but not be limited to, the following: | 7 | | (1) Continuity of care for an individual who is covered | 8 | | under the Plan and is an inpatient on at the time the Plan | 9 | | ceases. | 10 | | (2) A final accounting of assessments. | 11 | | (3) Resolution of any net asset deficiency. | 12 | | (4) Cessation of all liability of the Plan. | 13 | | (5) Final dissolution of the Plan. | 14 | | (i) No legal action by or against the Plan may be filed on | 15 | | or after January 1, 2017. | 16 | | (j) General Revenue Fund funds remaining in the Plan after | 17 | | satisfaction of all of the Plan's liabilities shall be | 18 | | transferred back into the General Revenue Fund. | 19 | | (k) The Board shall cease charging insurer assessments on | 20 | | January 1, 2016; however, the Board may charge and collect | 21 | | insurer assessments pursuant to Section 12 of this Act as | 22 | | necessary to satisfy any remaining liabilities of the Plan. | 23 | | Insurer assessments remaining in the Plan after satisfaction of | 24 | | all of the Plan's liabilities shall be returned to insurers | 25 | | based on subsection (e) of Section 12 of this Act. |
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| 1 | | (215 ILCS 105/17 new) | 2 | | Sec. 17. Repealer. This Act is repealed on July 1, 2017. | 3 | | Section 35. The Illinois Health Benefits Exchange Law is | 4 | | amended by changing Sections 5-3, 5-5, 5-10, and 5-15 and by | 5 | | adding Sections 5-4, 5-11, 5-12, 5-16, 5-17, 5-18, 5-21, 5-23, | 6 | | and 5-30 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. | 17 | | The purpose of this Law is to provide for the establishment | 18 | | of an Illinois Health Benefits Exchange (the Exchange) to | 19 | | facilitate the purchase and sale of qualified health plans and | 20 | | qualified dental plans in the individual market in this State | 21 | | and to provide for the establishment of a Small Business Health | 22 | | Options Program (SHOP Exchange) to assist qualified small | 23 | | employers in this State in facilitating the enrollment of their | 24 | | employees in qualified health plans and qualified dental plans |
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| 1 | | offered in the small group market. The intent of the Exchange | 2 | | is to supplement the existing health insurance market to | 3 | | simplify shopping for individual and small employers by | 4 | | increasing access to benefit options, encouraging a | 5 | | competitive market both inside and outside the Exchange, | 6 | | reducing the number of uninsured, and providing a transparent | 7 | | marketplace and effective consumer education and programmatic | 8 | | assistance tools. The purpose of this Law is to ensure that the | 9 | | State is making sufficient progress towards establishing an | 10 | | exchange within the guidelines outlined by the federal law and | 11 | | to protect Illinoisans from undue federal regulation. Although | 12 | | the federal law imposes a number of core requirements on | 13 | | state-level exchanges, the State has significant flexibility | 14 | | in the design and operation of a State exchange that make it | 15 | | prudent for the State to carefully analyze, plan, and prepare | 16 | | for the exchange. The General Assembly finds that in order for | 17 | | the State to craft a tenable exchange that meets the | 18 | | fundamental goals outlined by the Patient Protection and | 19 | | Affordable Care Act of expanding access to affordable coverage | 20 | | and improving the quality of care, the implementation process | 21 | | should (1) provide for broad stakeholder representation; (2) | 22 | | foster a robust and competitive marketplace, both inside and | 23 | | outside of the exchange; and (3) provide for a broad-based | 24 | | approach to the fiscal solvency of the exchange.
| 25 | | (Source: P.A. 97-142, eff. 7-14-11.) |
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| 1 | | (215 ILCS 122/5-4 new) | 2 | | Sec. 5-4. Definitions. In this Law: | 3 | | "Board" means the Illinois Health Benefits Exchange Board | 4 | | established pursuant to this Law. | 5 | | "Department" means the Department of Insurance. | 6 | | "Director" means the Director of Insurance. | 7 | | "Educated health care consumer" means an individual who is | 8 | | knowledgeable about the health care system, has background or | 9 | | experience in making informed decisions regarding health, | 10 | | medical, and public health matters, and represents the | 11 | | interests of healthcare consumers. | 12 | | "Essential community provider" means a health care | 13 | | provider that serves predominately low-income, | 14 | | medically-underserved individuals, such as health care | 15 | | providers as defined in Section 340B(a)(4) of the federal | 16 | | Public Health Service Act. | 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 | 26 | | federal Health Care and Education Reconciliation Act of 2010 |
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| 1 | | (Public Law 111-152), and any amendments thereto, or | 2 | | regulations or guidance issued under, those Acts. | 3 | | "Health benefit plan" means a policy, contract, | 4 | | certificate, or agreement offered or issued by a health | 5 | | insurance carrier to provide, deliver, arrange for, pay for, or | 6 | | reimburse any of the costs of health care services.
"Health | 7 | | benefit plan" does not include: | 8 | | (1) coverage for accident only or disability income | 9 | | insurance or any combination thereof; | 10 | | (2) coverage issued as a supplement to liability | 11 | | insurance; | 12 | | (3) liability insurance, including general liability | 13 | | insurance and automobile liability insurance; | 14 | | (4) workers' compensation or similar insurance; | 15 | | (5) automobile medical payment insurance; | 16 | | (6) credit-only insurance; | 17 | | (7) coverage for on-site medical clinics; or | 18 | | (8) other similar insurance coverage, specified in | 19 | | federal regulations issued pursuant to the federal Health | 20 | | Information Portability and Accountability Act of 1996, | 21 | | Public Law 104-191, under which benefits for health care | 22 | | services are secondary or incidental to other insurance | 23 | | benefits. | 24 | | "Health benefit plan" does not include the following | 25 | | benefits if they are provided under a separate policy, | 26 | | certificate, or contract of insurance or are otherwise not an |
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| 1 | | integral part of the plan: | 2 | | (a) limited scope dental or vision benefits; | 3 | | (b) benefits for long-term care, nursing home care, | 4 | | home health care, community-based care, or any combination | 5 | | thereof; or | 6 | | (c) other similar, limited benefits specified in | 7 | | federal regulations issued pursuant to Public Law 104-191. | 8 | | "Health benefit plan" does not include the following | 9 | | benefits if the benefits are provided under a separate policy, | 10 | | certificate, or contract of insurance, there is no coordination | 11 | | between the provision of the benefits and any exclusion of | 12 | | benefits under any group health plan maintained by the same | 13 | | plan sponsor, and the benefits are paid with respect to an | 14 | | event without regard to whether benefits are provided with | 15 | | respect to such an event under any group health plan maintained | 16 | | by the same plan sponsor: | 17 | | (i) coverage only for a specified disease or illness; | 18 | | or | 19 | | (ii) hospital indemnity or other fixed indemnity | 20 | | insurance. | 21 | | "Health benefit plan" does not include the following if | 22 | | offered as a separate policy, certificate, or contract of | 23 | | insurance: | 24 | | (A) Medicare supplemental health insurance as defined | 25 | | under Section 1882(g)(1) of the federal Social Security | 26 | | Act; |
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| 1 | | (B) coverage supplemental to the coverage provided | 2 | | under Chapter 55 of Title 10, United States Code (Civilian | 3 | | Health and Medical Program of the Uniformed Services | 4 | | (CHAMPUS)); or | 5 | | (C) similar supplemental coverage provided to coverage | 6 | | under a group health plan. | 7 | | "Health benefit plan" does not include a group health plan | 8 | | or multiple employer welfare arrangement to the extent the plan | 9 | | or arrangement is not subject to State insurance regulation | 10 | | under Section 514 of the federal Employee Retirement Income | 11 | | Security Act of 1974. | 12 | | "Health insurance carrier" or "carrier" means an entity | 13 | | subject to the insurance laws and regulations of this State, or | 14 | | subject to the jurisdiction of the Director, that contracts or | 15 | | offers to contract to provide, deliver, arrange for, pay for, | 16 | | or reimburse any of the costs of health care services, | 17 | | including a sickness and accident insurance company, a health | 18 | | maintenance organization, or any other entity providing a plan | 19 | | of health insurance, or health benefits. "Health insurance | 20 | | carrier" or "carrier" includes a Consumer Operated and Oriented | 21 | | Plan. "Health insurance carrier" or "carrier" does not include | 22 | | short term, accident only, disability income, hospital | 23 | | confinement or fixed indemnity, vision only, limited benefit, | 24 | | or credit insurance, coverage issued as a supplement to | 25 | | liability insurance, insurance arising out of a workers' | 26 | | compensation or similar law, automobile medical-payment |
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| 1 | | insurance, or insurance under which benefits are payable with | 2 | | or without regard to fault and which is statutorily required to | 3 | | be contained in any liability insurance policy or equivalent | 4 | | self-insurance. | 5 | | "Illinois Health Benefits Exchange Fund" means the fund | 6 | | created outside of the State treasury to be used exclusively to | 7 | | provide funding for the operation and administration of the | 8 | | Exchange in carrying out the purposes authorized by this Law. | 9 | | "Individual Exchange" means the exchange marketplace | 10 | | established by this Law through which qualified individuals may | 11 | | obtain coverage through an individual market qualified health | 12 | | plan. | 13 | | "Participating insurer" means a health insurance carrier | 14 | | that offers a qualified health plan or qualified dental plan | 15 | | through the Exchange. | 16 | | "Principal place of business" means the location in a state | 17 | | where an employer has its headquarters or significant place of | 18 | | business and where the persons with direction and control | 19 | | authority over the business are employed. | 20 | | "Qualified dental plan" means a limited scope dental plan | 21 | | that has been certified in accordance with this Law. | 22 | | "Qualified employee" means an eligible individual employed | 23 | | by a qualified employer who has been offered health insurance | 24 | | coverage by that qualified employer through the SHOP Exchange. | 25 | | "Qualified employer" means a small employer that elects to | 26 | | make its full-time employees eligible for one or more qualified |
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| 1 | | health plans or qualified dental plans offered through the SHOP | 2 | | Exchange, and at the option of the employer, some or all of its | 3 | | part-time employees, provided that the employer either (i) has | 4 | | its principal place of business in this State and elects to | 5 | | provide coverage through the SHOP Exchange to all of its | 6 | | eligible employees, wherever employed, or (ii) offers coverage | 7 | | through the SHOP Exchange to each eligible employee whose | 8 | | primary worksite is in this State. | 9 | | "Qualified health plan" or "QHP" means a health benefit | 10 | | plan that has in effect a certification that the plan meets the | 11 | | criteria for certification described in Section 1311(c) of the | 12 | | Federal Act. | 13 | | "Qualified health plan issuer" or "QHP issuer" means a | 14 | | health insurance carrier that offers a health plan that the | 15 | | Exchange has certified as a qualified health plan. | 16 | | "Qualified individual" means an individual, including a | 17 | | minor, who: | 18 | | (1) is seeking to enroll in a qualified health plan or | 19 | | qualified dental plan offered to individuals through the | 20 | | Exchange; | 21 | | (2) resides in this State; | 22 | | (3) at the time of enrollment, is not incarcerated, | 23 | | other than incarceration pending the disposition of | 24 | | charges; and | 25 | | (4) is, and is reasonably expected to be, for the | 26 | | entire period for which enrollment is sought, a citizen or |
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| 1 | | national of the United States or an alien lawfully present | 2 | | in the United States. | 3 | | "Secretary" means the Secretary of the federal Department | 4 | | of Health and Human Services. | 5 | | "SHOP Exchange" means the Small Business Health Options | 6 | | Program established under this Law through which a qualified | 7 | | employer can provide small group qualified health plans to its | 8 | | qualified employees through various options available to the | 9 | | employer, including, but not limited to: (a) offering one | 10 | | qualified health plan to employees, (b) offering multiple | 11 | | qualified health plans to employees, or (c) offering an | 12 | | employee-directed choice of a qualified health plan within an | 13 | | employer-selected coverage tier. | 14 | | "Small employer" means, in connection with a group health | 15 | | plan with respect to a calendar year and a plan year, an | 16 | | employer who employed an average of at least one but no more | 17 | | than 50 employees before January 1, 2016 and no more than 100 | 18 | | employees on and after January 1, 2016 on business days during | 19 | | the preceding calendar year and who employs at least one | 20 | | employee on the first day of the plan year.
For purposes of | 21 | | this definition: | 22 | | (a) all persons treated as a single employer under | 23 | | subsection (b), (c), (m) or (o) of Section 414 of the | 24 | | federal Internal Revenue Code of 1986 shall be treated as a | 25 | | single employer; | 26 | | (b) an employer and any predecessor employer shall be |
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| 1 | | treated as a single employer; | 2 | | (c) employees shall be counted in accordance with | 3 | | federal law and regulations and State law and regulations; | 4 | | provided however, that in the event of a conflict between | 5 | | the federal law and regulations and the State law and | 6 | | regulations, the federal law and regulations shall | 7 | | prevail; | 8 | | (d) if an employer was not in existence throughout the | 9 | | preceding calendar year, then the determination of whether | 10 | | that employer is a small employer shall be based on the | 11 | | average number of employees that is reasonably expected | 12 | | that employer will employ on business days in the current | 13 | | calendar year; and | 14 | | (e) an employer that makes enrollment in qualified | 15 | | health plans or qualified dental plans available to its | 16 | | employees through the SHOP Exchange, and would cease to be | 17 | | a small employer by reason of an increase in the number of | 18 | | its employees, shall continue to be treated as a small | 19 | | employer for purposes of this Law as long as it | 20 | | continuously makes enrollment through the SHOP Exchange | 21 | | available to its employees. | 22 | | (215 ILCS 122/5-5)
| 23 | | Sec. 5-5. Establishment of the Exchange State health | 24 | | benefits exchange . | 25 | | (a) It is declared that this State, beginning on the |
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| 1 | | effective date of this amendatory Act of the 98th General | 2 | | Assembly October 1, 2013 , in accordance with Section 1311 of | 3 | | the federal Patient Protection and Affordable Care Act, shall | 4 | | establish a State health benefits exchange to be known as the | 5 | | Illinois Health Benefits Exchange in order to help individuals | 6 | | and small employers with no more than 50 employees shop for, | 7 | | select, and enroll in qualified, affordable private health | 8 | | plans that fit their needs at competitive prices. The Exchange | 9 | | shall separate coverage pools for individuals and small | 10 | | employers and shall supplement and not supplant any existing | 11 | | private health insurance market for individuals and small | 12 | | employers. These health plans shall be available to individuals | 13 | | and small employers for enrollment by October 1, 2015.
| 14 | | (b) There is hereby created a political subdivision, body | 15 | | politic and corporate, named the Illinois Health Benefits | 16 | | Exchange. The Exchange shall be a public entity, but shall not | 17 | | be considered a department, institution, or agency of the | 18 | | State, except as otherwise expressly provided by law. | 19 | | (c) The Exchange shall be comprised of an individual and a | 20 | | small business health options (SHOP) exchange. Pursuant to | 21 | | Section 1311(b)(2) of the Federal Act, the Exchange shall | 22 | | provide individual exchange services to qualified individuals | 23 | | and SHOP Exchange services to qualified employers under a | 24 | | single governance and administrative structure. The Board | 25 | | shall produce an assessment, which must include a premium | 26 | | impact study, by July 1, 2017 to determine the viability of |
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| 1 | | merging the SHOP Exchange and Individual Exchange functions | 2 | | into a single exchange by January 1, 2018. Any recommended | 3 | | merger of the SHOP Exchange and Individual Exchange functions | 4 | | shall be subject to legislative approval. | 5 | | (d) The Exchange shall promote a competitive marketplace | 6 | | for consumer access to affordable health coverage options. The | 7 | | Department shall review and recommend that the Board certify | 8 | | health benefit plans on the individual and SHOP Exchange, as | 9 | | applicable, provided that any such health benefit plan meets | 10 | | the requirements set forth in Section 1311(c) of the Federal | 11 | | Act and any other requirements of the Illinois Insurance Code. | 12 | | The Board shall certify health benefit plans that the | 13 | | Department recommends for certification. | 14 | | (e) The Exchange shall not supersede the provisions of the | 15 | | Illinois Insurance Code, nor the functions of the Department of | 16 | | Insurance, the Department of Healthcare and Family Services, or | 17 | | the Department of Public Health. | 18 | | (Source: P.A. 97-142, eff. 7-14-11.) | 19 | | (215 ILCS 122/5-10)
| 20 | | Sec. 5-10. Exchange functions. | 21 | | (a) On or before October 1, 2015, in compliance with | 22 | | paragraph (4) of subdivision (d) of Section 1311 of the federal | 23 | | Patient Protection and Affordable Care Act, the Exchange shall, | 24 | | at a minimum, do all of the following to implement Section 1311 | 25 | | of the federal Patient Protection and Affordable Care Act: |
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| 1 | | (1) Make qualified health plans available to qualified | 2 | | individuals and qualified employers. | 3 | | (2) Implement procedures for the certification, | 4 | | recertification, and decertification, consistent with | 5 | | Section 5-12 of this Act and the guidelines established by | 6 | | the U.S. Secretary of Health and Human Services, of health | 7 | | plans as qualified health plans. | 8 | | (3) Provide for the operation of a toll-free telephone | 9 | | hotline and call center to respond to requests for | 10 | | assistance. | 11 | | (4) Maintain an Internet website through which | 12 | | enrollees and prospective enrollees of qualified health | 13 | | plans may obtain standardized comparative information on | 14 | | those plans. The Exchange shall include on its website a | 15 | | navigator and producer locator section, featured | 16 | | prominently, through which individuals and small employers | 17 | | can find Exchange-certified producers and navigators. | 18 | | (5) With respect to each qualified health plan offered | 19 | | through the Exchange, do both of the following: | 20 | | (A) assign a rating to each qualified health plan | 21 | | offered through the Exchange in accordance with the | 22 | | criteria developed by the U.S. Secretary of Health and | 23 | | Human Services; and | 24 | | (B) determine each qualified health plan's level | 25 | | of coverage in accordance with regulations adopted by | 26 | | the U.S. Secretary of Health and Human Services under |
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| 1 | | paragraph (A) of subdivision (2) of Section 1302(d) of | 2 | | the federal Patient Protection and Affordable Care Act | 3 | | and any additional regulations adopted by the Exchange | 4 | | under this Law. | 5 | | (6) Utilize a standardized format for presenting | 6 | | health benefits plan options in the Exchange, including the | 7 | | use of the uniform outline of coverage established under | 8 | | Section 2715 of the federal Public Health Service Act. | 9 | | (7) Inform individuals of eligibility requirements for | 10 | | health coverage available under the federal Medicaid | 11 | | program, the federal Children's Health Insurance Program, | 12 | | the Illinois Public Aid Code, the Children's Health | 13 | | Insurance Program Act, the Covering ALL KIDS Health | 14 | | Insurance Act, or any other applicable State or local | 15 | | public program and coordinate with the Department of | 16 | | Healthcare and Family Services and the Department of Human | 17 | | Services to determine eligibility and enroll eligible | 18 | | individuals in those programs in accordance with | 19 | | applicable federal and State law, rules, and regulations. | 20 | | (8) Establish and make available by electronic means a | 21 | | calculator to determine the actual cost of coverage after | 22 | | the application of any premium tax credit under Section 36B | 23 | | of the Internal Revenue Code of 1986 and any cost sharing | 24 | | reduction under Section 1402 of the federal Patient | 25 | | Protection and Affordable Care Act. | 26 | | (9) Grant a certification attesting that, for purposes |
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| 1 | | of the individual responsibility penalty under Section | 2 | | 5000A of the Internal Revenue Code of 1986, an individual | 3 | | is exempt from the individual requirement or from the | 4 | | penalty imposed by that Section because of either of the | 5 | | following: | 6 | | (A) There is no affordable qualified health plan | 7 | | available through the Exchange or the individual's | 8 | | employer covering the individual. | 9 | | (B) The individual meets the requirements for any | 10 | | other exemption from the individual responsibility | 11 | | requirement or penalty. | 12 | | (10) Transfer to the Secretary of the Treasury of the | 13 | | United States all of the following: | 14 | | (A) a list of the individuals who are issued a | 15 | | certification, including the name and taxpayer | 16 | | identification number of each individual; | 17 | | (B) the name and taxpayer identification number of | 18 | | each individual who was an employee of an employer, but | 19 | | who was determined to be eligible for the premium tax | 20 | | credit under Section 36B of the Internal Revenue Code | 21 | | of 1986 because: | 22 | | (i) the employer did not provide the minimum | 23 | | essential coverage or the employer provided the | 24 | | minimum essential coverage but it was determined | 25 | | under item (C) of paragraph (2) of subdivision (c) | 26 | | of Section 36B of the Internal Revenue Code to |
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| 1 | | either be unaffordable to the employee or not | 2 | | provide the required minimum actuarial value; and | 3 | | (ii) the name and taxpayer identification | 4 | | number of each individual who notifies the | 5 | | Exchange under paragraph (4) of subdivision (b) of | 6 | | Section 1411 of the federal Patient Protection and | 7 | | Affordable Care Act that they have changed | 8 | | employers and of each individual who ceases | 9 | | coverage under a qualified health plan during a | 10 | | plan year, and the effective date of such | 11 | | cessation. | 12 | | (11) Provide to each employer the name of each employee | 13 | | of the employer described in subdivision (i) of Section | 14 | | 1311 of the federal Patient Protection and Affordable Care | 15 | | Act who ceases coverage under a qualified health plan | 16 | | during a plan year and the effective date of that | 17 | | cessation. | 18 | | (12) Perform duties required of, or delegated to, the | 19 | | Exchange by the U.S. Secretary of Health and Human Services | 20 | | or the Secretary of the Treasury of the United States | 21 | | related to the following: | 22 | | (A) Determining eligibility for premium tax | 23 | | credits, reduced cost sharing, or individual | 24 | | responsibility exemptions. | 25 | | (B) Establishing procedures necessary for the | 26 | | operation of the program, including, but not limited |
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| 1 | | to, procedures for application, enrollment, risk | 2 | | assessment, risk adjustment, plan administration, | 3 | | performance monitoring, and consumer education. | 4 | | (C) Arranging for collection of contributions from | 5 | | participating employers and individuals. | 6 | | (D) Arranging for payment of premiums and other | 7 | | appropriate disbursements based on the selections of | 8 | | products and services by the individual participants. | 9 | | (E) Establishing criteria for disenrollment of | 10 | | participating individuals based on failure to pay the | 11 | | individual's share of any contribution required to | 12 | | maintain enrollment in selected products. | 13 | | (F) Establishing criteria for exclusion of | 14 | | vendors. | 15 | | (G) Developing and implementing a plan for | 16 | | promoting public awareness of and participation in the | 17 | | program. | 18 | | (H) Evaluating options for employer participation | 19 | | which may conform with common insurance practices. | 20 | | (I) Conducting assessments of eligibility for the | 21 | | federal Medicaid program and the federal Children's | 22 | | Health Insurance Program in accordance with 45 CFR | 23 | | 155.302 or any successor regulation. | 24 | | (13) Providing for initial, annual, and special | 25 | | enrollment periods, in accordance with guidelines adopted | 26 | | by the U.S. Secretary of Health and Human Services under |
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| 1 | | paragraph (6) of subdivision (c) of Section 1311 of the | 2 | | federal Patient Protection and Affordable Care Act. | 3 | | (14) Establish the Navigator Program in accordance | 4 | | with subdivision (i) of Section 1311 of the federal Patient | 5 | | Protection and Affordable Care Act. The Exchange shall | 6 | | award grants to certain entities to do the following: | 7 | | (A) Conduct public education activities to raise | 8 | | awareness of the availability of qualified health | 9 | | plans. | 10 | | (B) Distribute fair and impartial information | 11 | | concerning enrollment in qualified health plans and | 12 | | the availability of premium tax credits under Section | 13 | | 36B of the Internal Revenue Code of 1986 and | 14 | | cost-sharing reductions under Section 1402 of the | 15 | | federal Patient Protection and Affordable Care Act. | 16 | | (C) Facilitate enrollment in qualified health | 17 | | plans. | 18 | | (D) Provide referrals to any applicable office of | 19 | | health insurance consumer assistance or health | 20 | | insurance ombudsman established under Section 2793 of | 21 | | the federal Public Health Service Act, or any other | 22 | | appropriate State agency or agencies, for any enrollee | 23 | | with a grievance, complaint, or question regarding his | 24 | | or her health plan, coverage, or a determination under | 25 | | that plan or coverage. | 26 | | (E) Refer individuals with a grievance, complaint, |
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| 1 | | or question regarding a plan, a plan's coverage, or a | 2 | | determination under a plan's coverage to a customer | 3 | | relations unit established by the Exchange. | 4 | | (F) Provide information in a manner that is | 5 | | culturally and linguistically appropriate to the needs | 6 | | of the population being served by the Exchange. | 7 | | (15) Establish the Small Business Health Options | 8 | | Program, separate from the activities of the Board related | 9 | | to the individual market, to assist qualified small | 10 | | employers in facilitating the enrollment of their | 11 | | employees in qualified health plans offered through the | 12 | | Exchange in the small employer market in a manner | 13 | | consistent with paragraph (2) of subdivision (a) of Section | 14 | | 1312 of the Federal Act. The Illinois Health Benefits | 15 | | Exchange shall meet the core functions identified by | 16 | | Section 1311 of the Patient Protection and Affordable Care | 17 | | Act and subsequent federal guidance and regulations. | 18 | | (b) The In order to meet the deadline of October 1, 2013 | 19 | | established by federal law to have operational a State | 20 | | exchange, the Department of Insurance
and the Commission on | 21 | | Government Forecasting and Accountability is authorized to | 22 | | apply for, accept, receive, and use as appropriate
for and on | 23 | | behalf of the State any grant money provided by the
federal | 24 | | government and to share federal grant funding with, give | 25 | | support to,
and coordinate with other agencies of the State and | 26 | | federal government
or third parties as determined by the |
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| 1 | | Governor , until the Board has the ability to do so, at which | 2 | | time the Board is authorized to apply for, accept, receive, and | 3 | | use as appropriate for and on behalf of the State any grant | 4 | | money provided by the federal government and to share federal | 5 | | grant funding with, give support to, and coordinate with other | 6 | | agencies of the State and federal government or third parties | 7 | | pursuant to Section 5-11 of this Law .
| 8 | | (Source: P.A. 97-142, eff. 7-14-11; 98-756, eff. 7-16-14.) | 9 | | (215 ILCS 122/5-11 new) | 10 | | Sec. 5-11. Exchange powers and authorities. In addition to | 11 | | powers set forth elsewhere in this Law, the Board is authorized | 12 | | to do the following: | 13 | | (1) Have perpetual successions as a political | 14 | | subdivision, body politic and corporate, and adopt bylaws, | 15 | | rules, and regulations to carry out the provisions of this | 16 | | Law. | 17 | | (2) Adopt an official seal and alter the same at | 18 | | pleasure. | 19 | | (3) Maintain an office in the State at such place or | 20 | | places as it may designate. | 21 | | (4) Acquire, lease, purchase, own, manage, hold, and | 22 | | dispose of real and personal property. | 23 | | (5) Apply for, accept, and spend, as appropriate, any | 24 | | federal or State grant money made available through or | 25 | | pursuant to the federal Patient Protection and Affordable |
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| 1 | | Care Act or any other federal or State-related opportunity | 2 | | in order to assist the Board as it implements the | 3 | | provisions of the federal Patient Protection and | 4 | | Affordable Care Act. | 5 | | (6) Enter into contracts or intergovernmental | 6 | | cooperation agreements as are necessary or proper to carry | 7 | | out the provisions and purposes or perform any of the | 8 | | functions described in this Law. | 9 | | (7) Enter into commercial, banking, and financial | 10 | | arrangements as needed to manage the day-to-day operations | 11 | | of the Exchange. | 12 | | (8) Take or defend any legal actions necessary to | 13 | | effectuate the purposes of this Law. | 14 | | (215 ILCS 122/5-12 new) | 15 | | Sec. 5-12. Health benefit plan certification. | 16 | | (a) To be certified as a qualified health plan, a health | 17 | | benefit plan shall, at a minimum: | 18 | | (1) provide the essential health benefits package | 19 | | described in Section 1302(a) of
the Federal Act; except | 20 | | that the plan is not required to provide essential benefits | 21 | | that duplicate
the minimum benefits of qualified dental | 22 | | plans, as provided in subsection (e) of this Section if: | 23 | | (A) the Board, in cooperation with the Department, | 24 | | has determined that at least one qualified dental plan | 25 | | is
available to supplement the plan's coverage; and |
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| 1 | | (B) the health insurance carrier makes prominent | 2 | | disclosure at the time it offers the
plan, in a form | 3 | | approved by the Board, that the plan does not provide | 4 | | the full range of
essential pediatric dental benefits | 5 | | and that qualified dental plans providing those | 6 | | benefits and
other dental benefits not covered by the | 7 | | plan are offered through the Exchange; | 8 | | (2) fulfill all premium rate and contract filing | 9 | | requirements and ensure that no contract language has been | 10 | | disapproved by the Director; | 11 | | (3) provide at least the minimum level of coverage | 12 | | prescribed by the Federal Act; | 13 | | (4) ensure that the cost-sharing requirements of the | 14 | | plan do not exceed the limits
established under Section | 15 | | 1302(c)(l) of the Federal Act, and if the plan is offered | 16 | | through the
SHOP Exchange, the plan's deductible does not | 17 | | exceed the limits established under Section
1302(c)(2) of | 18 | | the Federal Act; | 19 | | (5) be offered by a health insurance carrier that: | 20 | | (A) is authorized and in good standing to offer | 21 | | health insurance coverage; | 22 | | (B) offers at least one qualified health plan at | 23 | | the silver level and at
least one plan at the gold | 24 | | level, as described in the Federal Act, through each | 25 | | component of the Board in which the health insurance
| 26 | | carrier participates; for the purposes of this |
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| 1 | | subparagraph (B), "component"
means the SHOP Exchange | 2 | | and the exchange for individual coverage within the | 3 | | American
Health Benefit Exchange; | 4 | | (C) charges the same premium rate for each | 5 | | qualified health plan without
regard to whether the | 6 | | plan is offered through the Exchange and without regard | 7 | | to whether the
plan is offered directly from the health | 8 | | insurance carrier or through an insurance producer; | 9 | | (D) does not charge any cancellation fees or | 10 | | penalties; and | 11 | | (E) complies with the regulations established by | 12 | | the Secretary under
Section 1311 (d) of the Federal Act | 13 | | and any other requirements of the Illinois Insurance | 14 | | Code and the Department; | 15 | | (6) meet the requirements of certification pursuant to | 16 | | the requirements of the Department and the Illinois | 17 | | Insurance Code provided in
this Law and the requirements | 18 | | issued by the Secretary under Section 1311(c) of the | 19 | | Federal Act and rules promulgated or adopted
pursuant to | 20 | | this Law or the Federal Act, which shall include: | 21 | | (A) minimum standards in the areas of marketing | 22 | | practices; | 23 | | (B) network adequacy; | 24 | | (C) essential community providers in underserved | 25 | | areas; | 26 | | (D) accreditation; |
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| 1 | | (E) quality improvement; | 2 | | (F) uniform enrollment forms and descriptions of | 3 | | coverage; and | 4 | | (G) information on quality measures for health | 5 | | benefit plan performance; | 6 | | (7) include outpatient clinics in the health plan's | 7 | | region that are controlled by an entity that also controls | 8 | | a 340B eligible provider as defined by Section 340B(a)(4) | 9 | | of the federal Public Health Service Act such that the | 10 | | outpatient clinics are subject to the same mission, | 11 | | policies, and medical standards related to the provision of | 12 | | health care services as the 340B eligible provider; and | 13 | | (8) submit a justification for any premium increase | 14 | | prior to the implementation of the increase and prominently | 15 | | post that information on its Internet website; this | 16 | | information, and the information and the recommendations | 17 | | provided by the Department of Insurance or the U.S. | 18 | | Department of Health and Human Services under Section | 19 | | 2794(b)(1) of the federal Public Health Service Act | 20 | | (relating to patterns or practices of excessive or | 21 | | unjustified premium increases), shall be taken into | 22 | | consideration when determining whether to make the health | 23 | | plan available through the Exchange; any excess of premium | 24 | | growth outside the Exchange as compared to the rate of that | 25 | | growth inside the Exchange, including information reported | 26 | | by the Department of Insurance and the U.S. Department of |
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| 1 | | Health and Human Services, shall also be taken into | 2 | | account. | 3 | | (b) The Department shall require each health insurance | 4 | | carrier seeking certification of a plan as a
qualified health | 5 | | plan to: | 6 | | (1) make available to the public, in plain language as | 7 | | defined in Section 1311(e)(3)(B) of the Federal Act, and | 8 | | submit to the Board, the Secretary, and the Department | 9 | | accurate
and timely disclosure of the following: | 10 | | (i) claims payment policies and practices; | 11 | | (ii) periodic financial disclosures; | 12 | | (iii) data on enrollment; | 13 | | (iv) data on disenrollment; | 14 | | (v) data on the number of claims that are | 15 | | denied; | 16 | | (vi) data on rating practices; | 17 | | (vii) information on cost-sharing and payments | 18 | | with respect to any
out-of-network coverage; | 19 | | (viii) information on enrollee and participant | 20 | | rights under Title I of
the Federal Act; and | 21 | | (ix) other information as determined | 22 | | appropriate by the Secretary, including, but not | 23 | | limited to, accredited clinical quality measures; | 24 | | and | 25 | | (2) permit individuals to learn, in a timely manner | 26 | | upon the request of the
individual, the comparative quality |
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| 1 | | standards of the plans along established clinical | 2 | | data-based standards and the amount of cost-sharing, | 3 | | including deductibles, copayments, and coinsurance,
under | 4 | | the individual's plan or coverage that the individual would | 5 | | be responsible for paying with
respect to the furnishing of | 6 | | a specific item or service by a participating provider and | 7 | | make this
information available to the individual through | 8 | | an Internet website that is publicly accessible and
through | 9 | | other means for individuals without access to the Internet. | 10 | | (c) The Department shall not exempt any health insurance | 11 | | carrier seeking certification as a qualified
health plan, | 12 | | regardless of the type or size of the health insurance carrier, | 13 | | from licensure or solvency
requirements and shall apply the | 14 | | criteria of this Section in a manner that ensures a level | 15 | | playing
field between or among health insurance carriers | 16 | | participating in the Exchange. | 17 | | (d) The provisions of this Law that are applicable to | 18 | | qualified health plans shall also
apply, to the extent | 19 | | relevant, to qualified dental plans, except as modified in | 20 | | accordance with the
provisions of paragraphs (1), (2), and (3) | 21 | | of this subsection (d) or by rules adopted by the
Board. | 22 | | (1) The health insurance carrier shall be licensed to | 23 | | offer dental coverage, but need not be
licensed to offer | 24 | | other health benefits. | 25 | | (2) The plan shall be limited to dental and oral health | 26 | | benefits, without
substantially duplicating the benefits |
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| 1 | | typically offered by health benefit plans without dental
| 2 | | coverage and shall include, at a minimum, the essential | 3 | | pediatric dental benefits prescribed by
the Secretary | 4 | | pursuant to Section 1302(b)(l)(J) of the Federal Act and | 5 | | such other dental benefits
as the Board or the Secretary | 6 | | may specify by rule. | 7 | | (3) Health insurance carriers may jointly offer a | 8 | | comprehensive plan through the Exchange
in which the dental | 9 | | benefits are provided by a health insurance carrier through | 10 | | a qualified dental plan and
the other benefits are provided | 11 | | by a health insurance carrier through a qualified health | 12 | | plan, provided that
the plans are priced separately and are | 13 | | also made available for purchase separately at the same
| 14 | | price. | 15 | | (215 ILCS 122/5-15)
| 16 | | Sec. 5-15. Illinois Health Benefits Exchange Legislative | 17 | | Oversight Study Committee. | 18 | | (a) There is created an Illinois Health Benefits Exchange | 19 | | Legislative Oversight Study Committee within the Commission on | 20 | | Government Forecasting and Accountability to provide | 21 | | accountability for conduct a study regarding State | 22 | | implementation and establishment of the Illinois Health | 23 | | Benefits Exchange and to ensure Exchange operations and | 24 | | functions align with the goals and duties outlined by this Law . | 25 | | The Committee shall also be responsible for providing policy |
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| 1 | | recommendations to ensure the Exchange aligns with the Federal | 2 | | Act, amendments to the Federal Act, and regulations promulgated | 3 | | pursuant to the Federal Act. | 4 | | (b) Members of the Legislative Oversight Study Committee | 5 | | shall be appointed as follows: 3 members of the Senate shall be | 6 | | appointed by the President of the Senate; 3 members of the | 7 | | Senate shall be appointed by the Minority Leader of the Senate; | 8 | | 3 members of the House of Representatives shall be appointed by | 9 | | the Speaker of the House of Representatives; and 3 members of | 10 | | the House of Representatives shall be appointed by the Minority | 11 | | Leader of the House of Representatives. Each legislative leader | 12 | | shall select one member to serve as co-chair of the committee. | 13 | | (c) Members of the Legislative Oversight Study Committee | 14 | | shall be appointed within 30 days after the effective date of | 15 | | this Law. The co-chairs shall convene the first meeting of the | 16 | | committee no later than 45 days after the effective date of | 17 | | this Law.
| 18 | | (Source: P.A. 97-142, eff. 7-14-11.) | 19 | | (215 ILCS 122/5-16 new) | 20 | | Sec. 5-16. Exchange governance. The governing and | 21 | | administrative powers of the Exchange shall be vested in a body | 22 | | known as the Illinois Health Benefits Exchange Board. The | 23 | | following provisions shall apply: | 24 | | (1) The Board shall consist of 13 voting members | 25 | | appointed by the Governor with the advice and consent of a |
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| 1 | | majority of the members elected to the Senate. In addition, | 2 | | the Director of Insurance, the Director of Public Health, | 3 | | the Secretary of Human Services, the Director of Healthcare | 4 | | and Family Services, and the Executive Director of the | 5 | | Exchange shall serve as non-voting, ex officio members of | 6 | | the Board. The Governor shall also appoint as non-voting, | 7 | | ex officio members one economist with experience in the | 8 | | health care markets and one educated health care consumer | 9 | | advocate. All Board members shall be appointed no later | 10 | | than July 1, 2015. Any nomination not acted upon by the | 11 | | Senate within 60 session days of the receipt thereof shall | 12 | | be deemed to have received the advice and consent of the | 13 | | Senate. If, during a recess of the Senate, an appointment | 14 | | is made or there is a vacancy on the Board, the Governor | 15 | | shall make a temporary appointment until the next meeting | 16 | | of the Senate when the Governor shall make a nomination to | 17 | | fill that office. No person rejected for membership on the | 18 | | Board shall, except by the Senate's request, be nominated | 19 | | again for that office at the same session of the Senate or | 20 | | be appointed to that office during a recess of that Senate. | 21 | | (2) The Governor shall make the appointments so as to | 22 | | reflect the geographic, gender, cultural, racial, and | 23 | | ethnic diversity of this State and in accordance with | 24 | | subparagraphs (A), (B), and (C) of this paragraph, as | 25 | | follows: | 26 | | (A) No more than 4 voting members may represent the |
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| 1 | | following interests, of which no more than 2 may | 2 | | represent any one interest: | 3 | | (1) the insurance industry; | 4 | | (2) health care administrators; and | 5 | | (3) licensed health care professionals. | 6 | | (B) At least 9 voting members shall represent the | 7 | | following interest groups, with each interest group | 8 | | represented by at least one voting member: | 9 | | (1) a labor interest group; | 10 | | (2) a women's interest group; | 11 | | (3) a minorities' interest group; | 12 | | (4) a disabled persons' interest group; | 13 | | (5) a small business interest group; | 14 | | (6) a public health interest group; | 15 | | (7) hospitals; and | 16 | | (8) essential community providers. | 17 | | (C) Each person appointed to the Board should have | 18 | | demonstrated experience in at least one of the | 19 | | following areas: | 20 | | (1) individual health insurance coverage; | 21 | | (2) small employer health insurance; | 22 | | (3) health benefits administration; | 23 | | (4) health care finance; | 24 | | (5) administration of a public or private | 25 | | health care delivery system; | 26 | | (6) the provision of health care services; |
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| 1 | | (7) the purchase of health insurance coverage; | 2 | | (8) health care consumer navigation or | 3 | | assistance; | 4 | | (9) health care economics or health care | 5 | | actuarial sciences; | 6 | | (10) information technology; or | 7 | | (11) operating a small business with 50 or | 8 | | fewer employees. | 9 | | (3) The Board shall elect one voting member of the | 10 | | Board to serve as chairperson and one voting member to | 11 | | serve as vice-chairperson, upon approval of a majority of | 12 | | the Board. | 13 | | (4) The Exchange shall be administered by an Executive | 14 | | Director, who shall be appointed, and may be removed, by a | 15 | | majority of the Board. The Board shall have the power to | 16 | | determine compensation for the Executive Director. The | 17 | | Executive Director shall be responsible for the selection | 18 | | of such other staff and the determination of compensation | 19 | | as may be authorized by the Board's operating budget. | 20 | | (5) The terms of the non-voting, ex officio members of | 21 | | the Board shall run concurrent with their terms of | 22 | | appointment to office, or in the case of the Executive | 23 | | Director, his or her term of appointment to that position, | 24 | | subject to the determination of the Board. The terms of the | 25 | | members, including those non-voting, ex officio members | 26 | | appointed by the Governor, shall be 4 years. Upon |
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| 1 | | conclusion of the initial term, the next term and every | 2 | | term subsequent to it shall run for 3 years. Voting members | 3 | | shall serve no more than 3 consecutive terms. | 4 | | A person appointed to fill a vacancy and complete the | 5 | | unexpired term of a member of the Board shall only be | 6 | | appointed to serve out the unexpired term by the individual | 7 | | who made the original appointment within 45 days after the | 8 | | initial vacancy. A person appointed to fill a vacancy and | 9 | | complete the unexpired term of a member of the Board may be | 10 | | re-appointed to the Board for another term, but shall not | 11 | | serve than more than 2 consecutive terms following their | 12 | | completion of the unexpired term of a member of the Board. | 13 | | If a voting Board member's qualifications change due to | 14 | | a change in employment during the term of their | 15 | | appointment, then the Board member shall resign their | 16 | | position, subject to reappointment by the individual who | 17 | | made the original appointment. | 18 | | (6) The Board shall create and appoint qualified | 19 | | persons with requisite expertise to Exchange regional | 20 | | advisory groups. Members of the regional advisory groups | 21 | | shall serve without pay. These Exchange regional advisory | 22 | | groups shall meet in a manner and frequency determined by | 23 | | the Board to discuss exchange-related issues and to provide | 24 | | exchange-related guidance, advice, and recommendations to | 25 | | the Board. There shall be a regional advisory group for | 26 | | each of the qualified health plan rating areas designated |
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| 1 | | by the Department. Each regional advisory group shall, at a | 2 | | minimum, include one member from each of the following | 3 | | interest groups: | 4 | | (A) insurers; | 5 | | (B) business; | 6 | | (C) consumers; | 7 | | (D) providers; | 8 | | (E) insurance producers; | 9 | | (F) navigators; and | 10 | | (G) dentists. | 11 | | (7) The Board shall meet no less than quarterly on a | 12 | | schedule established by the chairperson. Meetings shall be | 13 | | public and public records shall be maintained, subject to | 14 | | the Open Meetings Act. A majority of the Board shall | 15 | | constitute a quorum and the affirmative vote of a majority | 16 | | is necessary for any action of the Board. No vacancy shall | 17 | | impair the ability of the Board to act provided a quorum is | 18 | | reached. Members shall serve without pay, but shall be | 19 | | reimbursed for their actual and reasonable expenses | 20 | | incurred in the performance of their duties. The | 21 | | chairperson of the Board shall file a written report | 22 | | regarding the activities of the Board and the Exchange to | 23 | | the Governor and General Assembly annually, and the | 24 | | Legislative Oversight Committee established in Section | 25 | | 5-15 quarterly, beginning on January 1, 2016 through | 26 | | December 31, 2017. |
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| 1 | | (8) The Board shall adopt conflict of interest rules | 2 | | and recusal procedures. Such rules and procedures shall (i) | 3 | | prohibit a member of the Board from performing an official | 4 | | act that may have a direct economic benefit on a business | 5 | | or other endeavor in which that member has a direct or | 6 | | substantial financial interest and (ii) require a member of | 7 | | the Board to recuse himself or herself from an official | 8 | | matter, whether direct or indirect. All recusals must be in | 9 | | writing and specify the reason and date of the recusal. All | 10 | | recusals shall be maintained by the Executive Director and | 11 | | shall be disclosed to any person upon written request. | 12 | | Within 6 months after the Board is convened, the Board | 13 | | shall adopt rules that regulate, in a manner no less | 14 | | restrictive than Sections 5-15 and 5-45 and Article 10 of | 15 | | the State Officials and Employees Ethics Act, (i) the | 16 | | political activities of Board members and employees of the | 17 | | Exchange, (ii) the soliciting and accepting of gifts by, | 18 | | and the offering and making of gifts to, Board members and | 19 | | employees of the Exchange, and (iii) the future employment | 20 | | of Board members and employees of the Exchange with | 21 | | entities that they regulated or conducted business with | 22 | | preceding the termination of their board membership or | 23 | | employment with the Exchange. | 24 | | (9) The Board shall develop a budget, to be submitted | 25 | | to the General Assembly by August 15, 2015, by March 15, | 26 | | 2017, and by March 15 every year thereafter, for the |
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| 1 | | implementation and operation of the Exchange for operating | 2 | | expenses, including, but not limited to: | 3 | | (A) proposed compensation levels for the Executive | 4 | | Director and shall identify personnel and staffing | 5 | | needs for the implementation and operation of the | 6 | | Exchange; | 7 | | (B) disclosure of funds received or expected to be | 8 | | received from the federal government for the | 9 | | infrastructure and systems of the Exchange and those | 10 | | funds received or expected to be received for program | 11 | | administration and operations; | 12 | | (C) delineation of those functions of the Exchange | 13 | | that are to be paid by State and federal programs that | 14 | | are allocable to the State's General Revenue Fund; and | 15 | | (D) insurer assessments. | 16 | | (10) The Board shall, in consultation with the Health | 17 | | Benefits Exchange Legislative Oversight Committee, produce | 18 | | a cost-benefit analysis of the State's essential health | 19 | | benefits no later than August 1, 2016 for the purposes of | 20 | | informing the U.S. Department of Health and Human Services | 21 | | in their re-evaluation of the essential health benefits for | 22 | | plan years 2017 and beyond. | 23 | | (11) Except as otherwise expressly provided by law, | 24 | | employees of the Exchange and members of the Board shall | 25 | | not be considered State employees. | 26 | | (12) The purpose of the Board shall be to implement the |
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| 1 | | Exchange in accordance with this Law. | 2 | | (215 ILCS 122/5-17 new) | 3 | | Sec. 5-17. Insurer's assessment. A participating insurer | 4 | | shall be assessed a monthly fee for each plan it offers through | 5 | | the Exchange in an amount equal to the product of the rate | 6 | | established annually by the Board in accordance with this | 7 | | Section for the applicable benefit year and the monthly premium | 8 | | charged by the insurer prior to application of any premium | 9 | | assistance, including, but not limited to, premium tax credits, | 10 | | for each policy under the plan where enrollment is through the | 11 | | Exchange. No participating insurer shall be assessed while | 12 | | assessments are being made pursuant to Section 12 of the | 13 | | Comprehensive Health Insurance Plan Act. The Board may exempt | 14 | | those insurers whose total assessment would be so minimal as to | 15 | | not exceed the estimated cost of levying the assessment. | 16 | | The total amount assessed on all participating insurers | 17 | | shall not exceed an amount that is reasonably necessary to | 18 | | support the operation and administration of the Exchange and | 19 | | the related functions of the Department for carrying out the | 20 | | purposes authorized in this Law. The assessment rate | 21 | | established by the Board shall not exceed the lesser of 3.5% or | 22 | | the rate established by the United States Department of Health | 23 | | and Human Services pursuant to 45 CFR 156.50(c) for insurers | 24 | | offering plans through the federal facilitated exchange. In | 25 | | establishing the assessment, the Board shall take into |
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| 1 | | consideration any unspent federal funds remaining and shall | 2 | | reduce the assessment accordingly. | 3 | | The assessed fee shall be remitted to the Board within 30 | 4 | | days after the end of the month in which the fee was assessed. | 5 | | When a carrier fails to pay the full amount of any assessment | 6 | | of $100 or more due under this Section there shall be added to | 7 | | the amount due as a penalty the greater of $50 or an amount | 8 | | equal to 5% of the deficiency for each month or part of a month | 9 | | that the deficiency remains unpaid. All moneys collected by the | 10 | | Board shall be placed in the Illinois Health Benefits Exchange | 11 | | Fund. | 12 | | The Board shall prepare annually a complete and detailed | 13 | | written report accounting for all funds received and dispensed | 14 | | during the preceding fiscal year. | 15 | | Assessments or fees charged to carriers under this Law | 16 | | shall not include any amount based on coverage, or premiums | 17 | | associated with such coverage, that is defined as an excepted | 18 | | benefit under Section 2791(c) of the federal Public Health | 19 | | Service Act (42 U.S.C. 300gg-91(c)). | 20 | | (215 ILCS 122/5-18 new) | 21 | | Sec. 5-18. Illinois Health Benefits Exchange Fund. There | 22 | | is hereby created as a fund outside of the State treasury the | 23 | | Illinois Health Benefits Exchange Fund to be used exclusively | 24 | | by the Exchange and the Department to provide funding for the | 25 | | operation and administration of the Exchange and for carrying |
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| 1 | | out the purposes authorized in this Law. The Fund shall consist | 2 | | of the following: | 3 | | (1) any user fees or other assessment collected by the | 4 | | Exchange, as authorized by this Law; | 5 | | (2) income from investments made on behalf of the Fund; | 6 | | (3) interest on deposits or investments of money in the | 7 | | Fund; | 8 | | (4) money collected by the Board as a result of legal | 9 | | or other action taken by the Board on behalf of the | 10 | | Exchange or the Fund; | 11 | | (5) money donated to the Fund; | 12 | | (6) money awarded to the Fund through grants; and | 13 | | (7) any other money from any other source accepted for | 14 | | the benefit of the Fund. | 15 | | Any investment earnings of the Fund shall be credited to | 16 | | the Fund. No part of the Fund may revert or be credited to the | 17 | | General Revenue Fund or any special fund in the State Treasury. | 18 | | A debt or an obligation of the Fund or the Exchange is not a | 19 | | debt of the State or a pledge of credit of the State. | 20 | | (215 ILCS 122/5-23 new) | 21 | | Sec. 5-23. Examination or investigation of the Exchange. | 22 | | The Director shall have the ability to examine or investigate | 23 | | the Exchange pursuant to his or her authority under Article | 24 | | XXIV of the Illinois Insurance Code.
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| 1 | | Section 99. Effective date. This Act takes effect June 1, | 2 | | 2015.".
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