Full Text of HB1229 103rd General Assembly
HB1229eng 103RD GENERAL ASSEMBLY |
| | HB1229 Engrossed | | LRB103 24799 BMS 51128 b |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Health Benefits Exchange Law is | 5 | | amended by changing Section 5-5 and by adding Sections 5-30, | 6 | | 5-35, 5-40, and 5-45 as follows: | 7 | | (215 ILCS 122/5-5)
| 8 | | Sec. 5-5. State health benefits exchange. It is declared | 9 | | that this State, beginning October 1, 2013, in accordance with | 10 | | Section 1311 of the federal Patient Protection and Affordable | 11 | | Care Act, shall establish a State health benefits exchange to | 12 | | be known as the Illinois Health Benefits Exchange in order to | 13 | | help individuals and small employers with no more than 50 | 14 | | employees shop for, select, and enroll in qualified, | 15 | | affordable private health plans that fit their needs at | 16 | | competitive prices. The Exchange shall separate coverage pools | 17 | | for individuals and small employers and shall supplement and | 18 | | not supplant any existing private health insurance market for | 19 | | individuals and small employers . The Department of Insurance | 20 | | has the authority to operate the Illinois Health Benefits | 21 | | Exchange. The Director of Insurance may require that all plans | 22 | | in the individual market be made available for comparison on | 23 | | the Illinois Health Benefits Exchange, but may not require |
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| 1 | | that all plans in the individual market be purchased | 2 | | exclusively on the Illinois Health Benefits Exchange. The | 3 | | Director of Insurance has the authority to require that plans | 4 | | offered on the exchange conform with standardized plan designs | 5 | | that provide for standardized cost-sharing for covered health | 6 | | services.
| 7 | | (Source: P.A. 97-142, eff. 7-14-11.) | 8 | | (215 ILCS 122/5-30 new) | 9 | | Sec. 5-30. Monthly assessments. | 10 | | (a) The Director of Insurance may apply a monthly | 11 | | assessment to each health benefits plan sold in the Illinois | 12 | | Health Benefits Exchange. The assessment shall be paid by the | 13 | | insurer and to the Department of Insurance and shall be used | 14 | | only for the purpose of supporting the exchange through | 15 | | exchange operations, outreach, enrollment, and other means of | 16 | | supporting the exchange, including any efforts that can | 17 | | increase market stabilization and that may result in a net | 18 | | benefit to policyholders. The assessment may be applied at a | 19 | | rate of: | 20 | | (1) 1% of the total monthly premium charged by an | 21 | | insurer for each health benefits plan during any period | 22 | | that the State is on a State-based exchange using the | 23 | | federal platform; or | 24 | | (2) 2.75% of the total monthly premium charged by an | 25 | | insurer for each health benefits plan during any period |
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| 1 | | that the State is on the Illinois Health Benefits | 2 | | Exchange. The Director of Insurance may adjust this rate | 3 | | to ensure that the Illinois Health Benefits Exchange is | 4 | | fully funded, but shall not apply the assessment at a rate | 5 | | that exceeds 4% of the total monthly premium charged by an | 6 | | insurer. If the Director of Insurance determines it is | 7 | | necessary to adjust the rate above 2.75% pursuant to this | 8 | | paragraph (2), the Director of Insurance shall, in advance | 9 | | of the adjustment, post on the Department of Insurance's | 10 | | website a report describing the reasons and justifications | 11 | | for the adjustment, which shall be consistent with the | 12 | | purposes of supporting the exchange as provided in this | 13 | | Section. | 14 | | (b) The Director of Insurance shall notify an insurer of | 15 | | its assessment rate for the subsequent year at least 20 days | 16 | | before the date the insurer is required to file its rate filing | 17 | | with the Department of Insurance. In the case of an assessment | 18 | | for the 2023 plan year, the Director of Insurance shall notify | 19 | | insurers as soon as is practicable of the assessment amount. | 20 | | (c) The Director of Insurance shall consider any amount of | 21 | | assessments unexpended from a previous year when calculating | 22 | | the monthly assessment. | 23 | | (215 ILCS 122/5-35 new) | 24 | | Sec. 5-35. Health benefits exchange advisory committee. | 25 | | The Director of Insurance shall establish an advisory |
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| 1 | | committee to provide advice to the Director of Insurance | 2 | | concerning the operation of the exchange. The advisory | 3 | | committee shall include at least 9 members, as follows: | 4 | | (1) The Director of Insurance, or a designee, who | 5 | | shall serve ex officio. | 6 | | (2) The Director of Healthcare and Family Services, or | 7 | | a designee, who shall serve ex officio. | 8 | | (3) The Director of Public Health, or a designee, who | 9 | | shall serve ex officio. | 10 | | (4) Six public members, who shall be residents of the | 11 | | State, appointed by the Director of Insurance. Each public | 12 | | member shall have demonstrated experience in one or more | 13 | | of the following areas: health insurance consumer | 14 | | advocacy, individual health insurance coverage, health | 15 | | benefits plan marketing, the provision of health care | 16 | | services, or academic or professional research relating to | 17 | | health insurance. | 18 | | (215 ILCS 122/5-40 new) | 19 | | Sec. 5-40. State Medicaid program coordination. The | 20 | | Department of Insurance shall also have the authority to | 21 | | coordinate the operations of the exchange with the operations | 22 | | of the State Medicaid program and the FamilyCare Program to | 23 | | determine eligibility for those programs as soon as | 24 | | practicable. |
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| 1 | | (215 ILCS 122/5-45 new) | 2 | | Sec. 5-45. Rulemaking. The Department of Insurance shall | 3 | | adopt rules implementing this Law.
| 4 | | Section 99. Effective date. This Act takes effect January | 5 | | 1, 2024.
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