Full Text of HB0023 98th General Assembly
HB0023eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning insurance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Consumer Health Insurance Counsel Act. | 6 | | Section 5. Definitions. For the purposes of this Act: | 7 | | "Department" means the Department of Insurance.
| 8 | | "Director" means the Director of Insurance.
| 9 | | "Office" means the Office of Consumer Health Insurance | 10 | | Counsel.
| 11 | | Section 10. Office of Consumer Health Insurance Counsel. | 12 | | The independent Office of Consumer Health Insurance Counsel is | 13 | | created for the purpose of representing the interests of health | 14 | | insurance consumers in Illinois. | 15 | | Section 15. Appointment; term. The Governor, with the | 16 | | advice and consent of the Senate, shall appoint a Consumer | 17 | | Health Insurance Counsel to serve as director of the Office. | 18 | | The term of the Consumer Health Insurance Counsel shall be 4 | 19 | | years. | 20 | | Section 20. Qualifications. To be eligible to serve as |
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| 1 | | Consumer Health Insurance Counsel, a person must: | 2 | | (1) be an attorney licensed to practice in Illinois; | 3 | | (2) have demonstrated a strong commitment to and | 4 | | involvement in efforts to safeguard the rights of the public; | 5 | | and | 6 | | (3) possess the knowledge and experience necessary to | 7 | | practice effectively in insurance proceedings. | 8 | | Section 25. Business interest prohibitions. A person is not | 9 | | eligible for appointment as Consumer Health Insurance Counsel | 10 | | or for employment as an Assistant Consumer Health Insurance | 11 | | Counsel with the Office if the person or the person's spouse: | 12 | | (1) is employed by or participates in the management of | 13 | | a business entity or other organization regulated by or | 14 | | receiving funds from the Department;
| 15 | | (2) owns or controls, directly or indirectly, an | 16 | | interest in a business entity or other organization | 17 | | regulated by or receiving funds from the Department; or
| 18 | | (3) uses or receives a substantial amount of tangible | 19 | | goods, services, or funds from the Department or the | 20 | | Office, other than compensation or reimbursement | 21 | | authorized by law for Department or Office membership, | 22 | | attendance, or expenses.
| 23 | | Section 30. Lobbying activities. A person may not serve as | 24 | | Consumer Health Insurance Counsel or act as Assistant Consumer |
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| 1 | | Health Insurance Counsel if the person is required to register | 2 | | as a lobbyist under the Lobbyist Registration Act because of | 3 | | the person's activities for compensation related to the | 4 | | operation of the Department or the Office. | 5 | | Section 35. Grounds for removal. The Consumer Health | 6 | | Insurance Counsel shall be removed from the position by the | 7 | | appointing officer if he or she: | 8 | | (1) does not have at the time of appointment or | 9 | | maintain during service as Consumer Health Insurance | 10 | | Counsel the qualifications required by Section 20 of this | 11 | | Act;
| 12 | | (2) violates a prohibition established by Section 25 of | 13 | | this Act; or | 14 | | (3) cannot, because of illness or disability, | 15 | | discharge the Consumer Health Insurance Counsel's duties | 16 | | for a substantial part of the Consumer Health Insurance | 17 | | Counsel's term.
| 18 | | Section 40. Revolving door prohibition. No former Consumer | 19 | | Health Insurance Counsel or Assistant Consumer Health | 20 | | Insurance Counsel or spouse or immediate family member living | 21 | | with such person, shall, within a year after the date the | 22 | | person ceases to serve as Consumer Health Insurance Counsel or | 23 | | Assistant Consumer Health Insurance Counsel, represent any | 24 | | person or receive compensation for services rendered on behalf |
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| 1 | | of any party involved in a matter in which the Consumer Health | 2 | | Insurance Counsel or Assistant Consumer Health Insurance | 3 | | Counsel participated personally and substantially before the | 4 | | Director, the Department, or any State health insurance rate | 5 | | review board in the year immediately preceding the date the | 6 | | person ceases to serve as Consumer Health Insurance Counsel or | 7 | | Assistant Consumer Health Insurance Counsel. | 8 | | Section 45. Prohibitions against political activities. | 9 | | (a) No Consumer Health Insurance Counsel or employee of the | 10 | | Office may, during his or her term of appointment or | 11 | | employment: | 12 | | (1) become a candidate for any elective office;
| 13 | | (2) hold any other elected or appointed public office, | 14 | | except for appointments on governmental advisory boards or | 15 | | study commissions or as otherwise expressly authorized by | 16 | | law;
| 17 | | (3) be actively involved in the affairs of any | 18 | | political party or political organization; or
| 19 | | (4) advocate for the appointment of another person to | 20 | | an appointed or elected office or position or actively | 21 | | participate in any campaign for any elective office.
| 22 | | (b) In this Section, "appointed public office" means a | 23 | | position authorized by law that is filled by an appointing | 24 | | authority as provided by law and does not include employment by | 25 | | hiring in the ordinary course of business.
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| 1 | | (c) No Consumer Health Insurance Counsel or employee of the | 2 | | Office may, for one year after the termination of his or her | 3 | | employment:
| 4 | | (1) become a candidate for any elective office;
| 5 | | (2) hold any elected public office; or
| 6 | | (3) hold any appointed State, county, or local judicial | 7 | | office.
| 8 | | (d) The requirements of item (3) of subsection (a) of this | 9 | | Section may be waived by the Executive Ethics Commission.
| 10 | | Section 50. Office personnel. The Office shall be comprised | 11 | | of the Consumer Health Insurance Counsel and such Assistant | 12 | | Consumer Health Insurance Counsels and other staff as are | 13 | | deemed necessary to implement this Act. | 14 | | Section 55. Powers and duties. The Office: | 15 | | (1) may assess the impact of insurance rates, rules, | 16 | | and forms on health insurance consumers in this State; and | 17 | | (2) shall advocate in the Office's own name positions | 18 | | determined by the Consumer Health Insurance Counsel to be | 19 | | most advantageous to a substantial number of insurance | 20 | | consumers. | 21 | | Section 60. Authority to appear, intervene, or initiate. | 22 | | The Consumer Health Insurance Counsel: | 23 | | (1) may appear or intervene, as a party or otherwise, |
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| 1 | | as a matter of right before the Director, the Department, | 2 | | or any State health insurance rate review board on behalf | 3 | | of insurance consumers, as a class, in matters involving | 4 | | rates, rules, and forms affecting accident and health | 5 | | insurance policies, managed care plans, and health plans | 6 | | offered by health maintenance organizations;
| 7 | | (2) may initiate or intervene as a matter of right or | 8 | | otherwise appear in a judicial proceeding involving or | 9 | | arising from an action taken by an administrative agency in | 10 | | a proceeding in which the Consumer Health Insurance Counsel | 11 | | previously appeared under the authority granted by this | 12 | | Section; and
| 13 | | (3) may appear or intervene, as a party or otherwise, | 14 | | as a matter of right on behalf of insurance consumers as a | 15 | | class in any proceeding in which the Consumer Health | 16 | | Insurance Counsel determines that insurance consumers are | 17 | | in need of representation, except that he or she may not | 18 | | intervene in an enforcement or parens patriae proceeding | 19 | | brought by the Attorney General.
| 20 | | Section 65. Intervention. The Consumer Health Insurance | 21 | | Counsel may not intervene or appear in: | 22 | | (1) any proceeding or hearing before the Director or | 23 | | Department, or any other proceeding, that relates to | 24 | | approval or consideration of an individual charter, | 25 | | license, certificate of authority, acquisition, merger, or |
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| 1 | | examination; or
| 2 | | (2) any proceeding concerning the solvency of an | 3 | | individual insurer, a financial issue, a policy form, | 4 | | advertising, or another regulatory issue affecting an | 5 | | individual insurer or agent.
| 6 | | Section 70. Recommendation of legislation. The Consumer | 7 | | Health Insurance Counsel may recommend legislation to the | 8 | | legislature that the Consumer Health Insurance Counsel | 9 | | determines would positively affect the interests of insurance | 10 | | consumers.
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