Illinois General Assembly - Full Text of SB0355
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Full Text of SB0355  93rd General Assembly

SB0355 93rd General Assembly


                                     LRB093 06060 RLC 06163 b

 1        AN ACT in relation to insurance fraud.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The Medical Practice Act of 1987 is amended
 5    by changing Section 22 as follows:

 6        (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
 7        (Section scheduled to be repealed on January 1, 2007)
 8        Sec. 22.  Disciplinary action.
 9        (A)  The  Department  may  revoke,  suspend,   place   on
10    probationary status, or take any other disciplinary action as
11    the  Department may deem proper with regard to the license or
12    visiting professor permit of any person issued under this Act
13    to practice medicine, or to treat human ailments without  the
14    use  of  drugs  and without operative surgery upon any of the
15    following grounds:
16             (1)  Performance of  an  elective  abortion  in  any
17        place, locale, facility, or institution other than:
18                  (a)  a   facility   licensed  pursuant  to  the
19             Ambulatory Surgical Treatment Center Act;
20                  (b)  an institution licensed under the Hospital
21             Licensing Act; or
22                  (c)  an ambulatory surgical treatment center or
23             hospitalization or care facility maintained  by  the
24             State  or  any agency thereof, where such department
25             or agency has authority under law to  establish  and
26             enforce   standards   for  the  ambulatory  surgical
27             treatment   centers,   hospitalization,   or    care
28             facilities under its management and control; or
29                  (d)  ambulatory   surgical  treatment  centers,
30             hospitalization or care facilities maintained by the
31             Federal Government; or
                            -2-      LRB093 06060 RLC 06163 b
 1                  (e)  ambulatory  surgical  treatment   centers,
 2             hospitalization or care facilities maintained by any
 3             university  or college established under the laws of
 4             this State and supported principally by public funds
 5             raised by taxation.
 6             (2)  Performance  of  an  abortion  procedure  in  a
 7        wilful and wanton manner on a woman who was not  pregnant
 8        at the time the abortion procedure was performed.
 9             (3)  The conviction of a felony in this or any other
10        jurisdiction,  except as otherwise provided in subsection
11        B of this Section, whether or  not  related  to  practice
12        under  this  Act,  or  the  entry  of  a  guilty  or nolo
13        contendere plea to a felony charge.
14             (4)  Gross negligence in practice under this Act.
15             (5)  Engaging   in   dishonorable,   unethical    or
16        unprofessional  conduct of a character likely to deceive,
17        defraud or harm the public.
18             (6)  Obtaining  any  fee  by   fraud,   deceit,   or
19        misrepresentation.
20             (7)  Habitual  or  excessive  use  or abuse of drugs
21        defined in law as controlled substances, of  alcohol,  or
22        of any other substances which results in the inability to
23        practice with reasonable judgment, skill or safety.
24             (8)  Practicing under a false or, except as provided
25        by law, an assumed name.
26             (9)  Fraud  or misrepresentation in applying for, or
27        procuring, a license under this Act or in connection with
28        applying for renewal of a license under this Act.
29             (10)  Making  a  false   or   misleading   statement
30        regarding  their  skill  or  the efficacy or value of the
31        medicine, treatment, or  remedy  prescribed  by  them  at
32        their  direction in the treatment of any disease or other
33        condition of the body or mind.
34             (11)  Allowing another person or organization to use
                            -3-      LRB093 06060 RLC 06163 b
 1        their license, procured under this Act, to practice.
 2             (12)  Disciplinary  action  of  another   state   or
 3        jurisdiction  against a license or other authorization to
 4        practice as  a  medical  doctor,  doctor  of  osteopathy,
 5        doctor of osteopathic medicine or doctor of chiropractic,
 6        a certified copy of the record of the action taken by the
 7        other  state  or  jurisdiction being prima facie evidence
 8        thereof.
 9             (13)  Violation of any provision of this Act  or  of
10        the Medical Practice Act prior to the repeal of that Act,
11        or  violation  of  the  rules,  or a final administrative
12        action  of  the  Director,  after  consideration  of  the
13        recommendation of the Disciplinary Board.
14             (14)  Dividing with  anyone  other  than  physicians
15        with  whom  the  licensee  practices  in  a  partnership,
16        Professional  Association,  limited liability company, or
17        Medical or Professional Corporation any fee,  commission,
18        rebate or other form of compensation for any professional
19        services  not  actually  and personally rendered. Nothing
20        contained in this subsection  prohibits  persons  holding
21        valid and current licenses under this Act from practicing
22        medicine  in  partnership  under a partnership agreement,
23        including a limited liability partnership, in  a  limited
24        liability  company  under  the  Limited Liability Company
25        Act,  in  a  corporation  authorized   by   the   Medical
26        Corporation  Act,  as  an  association  authorized by the
27        Professional Association Act, or in a  corporation  under
28        the   Professional   Corporation  Act  or  from  pooling,
29        sharing, dividing or apportioning  the  fees  and  monies
30        received  by  them  or by the partnership, corporation or
31        association in accordance with the partnership  agreement
32        or  the  policies  of  the  Board  of  Directors  of  the
33        corporation  or  association.   Nothing contained in this
34        subsection prohibits 2 or more corporations authorized by
                            -4-      LRB093 06060 RLC 06163 b
 1        the Medical Corporation Act, from forming  a  partnership
 2        or  joint  venture  of  such  corporations, and providing
 3        medical, surgical and scientific research  and  knowledge
 4        by  employees of these corporations if such employees are
 5        licensed  under  this  Act,  or  from  pooling,  sharing,
 6        dividing, or apportioning the fees and monies received by
 7        the partnership or joint venture in accordance  with  the
 8        partnership   or   joint   venture   agreement.   Nothing
 9        contained in this subsection shall abrogate the right  of
10        2  or  more  persons,  holding valid and current licenses
11        under this Act, to each receive adequate compensation for
12        concurrently rendering professional services to a patient
13        and  divide  a  fee;  provided,  the  patient  has   full
14        knowledge  of  the  division,  and,  provided,  that  the
15        division  is made in proportion to the services performed
16        and responsibility assumed by each.
17             (15)  A finding by the  Medical  Disciplinary  Board
18        that  the  registrant  after  having  his  or her license
19        placed on probationary status or subjected to  conditions
20        or  restrictions  violated  the terms of the probation or
21        failed to comply with such terms or conditions.
22             (16)  Abandonment of a patient.
23             (17)  Prescribing,      selling,      administering,
24        distributing,  giving  or  self-administering  any   drug
25        classified as a controlled substance (designated product)
26        or narcotic for other than medically accepted therapeutic
27        purposes.
28             (18)  Promotion  of  the  sale  of  drugs,  devices,
29        appliances or goods provided for a patient in such manner
30        as  to  exploit  the  patient  for  financial gain of the
31        physician.
32             (19)  Offering, undertaking or agreeing to  cure  or
33        treat disease by a secret method, procedure, treatment or
34        medicine,  or  the treating, operating or prescribing for
                            -5-      LRB093 06060 RLC 06163 b
 1        any human condition by a method, means or procedure which
 2        the licensee  refuses  to  divulge  upon  demand  of  the
 3        Department.
 4             (20)  Immoral  conduct  in the commission of any act
 5        including, but not limited to, commission of  an  act  of
 6        sexual misconduct related to the licensee's practice.
 7             (21)  Wilfully  making  or  filing  false records or
 8        reports in his or her practice as a physician, including,
 9        but not limited  to,  false  records  to  support  claims
10        against  the medical assistance program of the Department
11        of Public Aid under the Illinois Public Aid Code.
12             (22)  Wilful omission to file or record, or wilfully
13        impeding the filing or  recording,  or  inducing  another
14        person  to  omit  to  file  or record, medical reports as
15        required  by  law,  or  wilfully  failing  to  report  an
16        instance of suspected abuse or  neglect  as  required  by
17        law.
18             (23)  Being  named  as a perpetrator in an indicated
19        report by the Department of Children and Family  Services
20        under  the  Abused and Neglected Child Reporting Act, and
21        upon proof by clear  and  convincing  evidence  that  the
22        licensee  has  caused  a  child  to be an abused child or
23        neglected child as defined in the  Abused  and  Neglected
24        Child Reporting Act.
25             (24)  Solicitation  of professional patronage by any
26        corporation, agents or persons, or profiting  from  those
27        representing themselves to be agents of the licensee.
28             (25)  Gross  and  wilful  and continued overcharging
29        for  professional  services,   including   filing   false
30        statements  for collection of fees for which services are
31        not rendered, including, but not limited to, filing  such
32        false  statements  for  collection of monies for services
33        not rendered from the medical assistance program  of  the
34        Department  of  Public  Aid under the Illinois Public Aid
                            -6-      LRB093 06060 RLC 06163 b
 1        Code.
 2             (26)  A pattern of practice or other behavior  which
 3        demonstrates incapacity or incompetence to practice under
 4        this Act.
 5             (27)  Mental  illness or disability which results in
 6        the inability to practice under this Act with  reasonable
 7        judgment, skill or safety.
 8             (28)  Physical  illness,  including, but not limited
 9        to, deterioration through the aging process, or  loss  of
10        motor  skill  which results in a physician's inability to
11        practice under this Act with reasonable  judgment,  skill
12        or safety.
13             (29)  Cheating   on   or   attempt  to  subvert  the
14        licensing examinations administered under this Act.
15             (30)  Wilfully   or   negligently   violating    the
16        confidentiality  between  physician and patient except as
17        required by law.
18             (31)  The use of any false, fraudulent, or deceptive
19        statement in any document connected with  practice  under
20        this Act.
21             (32)  Aiding and abetting an individual not licensed
22        under  this  Act in the practice of a profession licensed
23        under this Act.
24             (33)  Violating state or federal laws or regulations
25        relating to controlled substances.
26             (34)  Failure  to  report  to  the  Department   any
27        adverse  final  action  taken  against  them  by  another
28        licensing  jurisdiction (any other state or any territory
29        of the United States or any foreign state or country), by
30        any peer review body, by any health care institution,  by
31        any   professional  society  or  association  related  to
32        practice under this Act, by any governmental  agency,  by
33        any  law  enforcement agency, or by any court for acts or
34        conduct similar to acts or conduct which would constitute
                            -7-      LRB093 06060 RLC 06163 b
 1        grounds for action as defined in this Section.
 2             (35)  Failure to report to the Department  surrender
 3        of  a  license  or authorization to practice as a medical
 4        doctor, a doctor of osteopathy, a doctor  of  osteopathic
 5        medicine,  or  doctor of chiropractic in another state or
 6        jurisdiction, or surrender of membership on  any  medical
 7        staff  or  in  any medical or professional association or
 8        society, while under disciplinary investigation by any of
 9        those authorities or bodies, for acts or conduct  similar
10        to  acts  or  conduct  which would constitute grounds for
11        action as defined in this Section.
12             (36)  Failure  to  report  to  the  Department   any
13        adverse  judgment,  settlement,  or  award arising from a
14        liability claim related to acts  or  conduct  similar  to
15        acts or conduct which would constitute grounds for action
16        as defined in this Section.
17             (37)  Failure  to transfer copies of medical records
18        as required by law.
19             (38)  Failure  to  furnish   the   Department,   its
20        investigators  or  representatives, relevant information,
21        legally requested by the  Department  after  consultation
22        with  the Chief Medical Coordinator or the Deputy Medical
23        Coordinator.
24             (39)  Violating the Health Care Worker Self-Referral
25        Act.
26             (40)  Willful failure to provide notice when  notice
27        is  required under the Parental Notice of Abortion Act of
28        1995.
29             (41)  Failure to establish and maintain  records  of
30        patient care and treatment as required by this law.
31             (42)  Entering  into  an excessive number of written
32        collaborative agreements with licensed advanced  practice
33        nurses   resulting   in   an   inability   to  adequately
34        collaborate and provide medical direction.
                            -8-      LRB093 06060 RLC 06163 b
 1             (43)  Repeated  failure  to  adequately  collaborate
 2        with or provide medical direction to a licensed  advanced
 3        practice nurse.
 4        All proceedings to suspend, revoke, place on probationary
 5    status,   or  take  any  other  disciplinary  action  as  the
 6    Department may deem proper, with regard to a license  on  any
 7    of  the  foregoing  grounds, must be commenced within 3 years
 8    next after receipt by the Department of a complaint  alleging
 9    the  commission  of or notice of the conviction order for any
10    of  the  acts  described  herein.   Except  for  the  grounds
11    numbered (8), (9) and (29), no action shall be commenced more
12    than 5 years after the date of the incident or act alleged to
13    have violated this Section.  In the event of  the  settlement
14    of  any  claim or cause of action in favor of the claimant or
15    the reduction to final judgment of any civil action in  favor
16    of the plaintiff, such claim, cause of action or civil action
17    being grounded on the allegation that a person licensed under
18    this  Act  was  negligent  in  providing care, the Department
19    shall have an additional period of one year from the date  of
20    notification  to  the Department under Section 23 of this Act
21    of such settlement or final judgment in which to  investigate
22    and commence formal disciplinary proceedings under Section 36
23    of  this  Act, except as otherwise provided by law.  The time
24    during which the holder of the license was outside the  State
25    of  Illinois  shall not be included within any period of time
26    limiting the  commencement  of  disciplinary  action  by  the
27    Department.
28        The  entry  of  an order or judgment by any circuit court
29    establishing that any person holding a license under this Act
30    is a person  in  need  of  mental  treatment  operates  as  a
31    suspension  of  that  license.   That person may resume their
32    practice only upon the entry of a  Departmental  order  based
33    upon  a  finding  by the Medical Disciplinary Board that they
34    have been determined to be recovered from mental  illness  by
                            -9-      LRB093 06060 RLC 06163 b
 1    the  court  and  upon the Disciplinary Board's recommendation
 2    that they be permitted to resume their practice.
 3        The Department may refuse to issue or  take  disciplinary
 4    action concerning the license of any person who fails to file
 5    a  return,  or to pay the tax, penalty or interest shown in a
 6    filed return, or to pay any final assessment of tax,  penalty
 7    or  interest,  as required by any tax Act administered by the
 8    Illinois Department  of  Revenue,  until  such  time  as  the
 9    requirements  of any such tax Act are satisfied as determined
10    by the Illinois Department of Revenue.
11        The  Department,   upon   the   recommendation   of   the
12    Disciplinary   Board,  shall  adopt  rules  which  set  forth
13    standards to be used in determining:
14             (a)  when  a  person  will  be  deemed  sufficiently
15        rehabilitated to warrant the public trust;
16             (b)  what  constitutes  dishonorable,  unethical  or
17        unprofessional conduct of a character likely to  deceive,
18        defraud, or harm the public;
19             (c)  what   constitutes   immoral   conduct  in  the
20        commission of any act, including,  but  not  limited  to,
21        commission  of an act of sexual misconduct related to the
22        licensee's practice; and
23             (d)  what  constitutes  gross  negligence   in   the
24        practice of medicine.
25        However,  no  such rule shall be admissible into evidence
26    in any civil action except for review of a licensing or other
27    disciplinary action under this Act.
28        In  enforcing  this  Section,  the  Medical  Disciplinary
29    Board, upon a showing of a possible violation, may compel any
30    individual licensed to practice under this Act,  or  who  has
31    applied  for  licensure  or a permit pursuant to this Act, to
32    submit to a mental  or  physical  examination,  or  both,  as
33    required  by  and  at  the  expense  of  the Department.  The
34    examining physician or physicians shall be those specifically
                            -10-     LRB093 06060 RLC 06163 b
 1    designated   by   the   Disciplinary   Board.   The   Medical
 2    Disciplinary Board or the Department may order the  examining
 3    physician  to  present  testimony  concerning  this mental or
 4    physical  examination  of  the  licensee  or  applicant.   No
 5    information shall be excluded by reason of any common law  or
 6    statutory  privilege  relating  to  communication between the
 7    licensee  or  applicant  and  the  examining  physician.  The
 8    individual to be  examined  may  have,  at  his  or  her  own
 9    expense,  another  physician  of  his  or  her choice present
10    during all aspects  of  the  examination.    Failure  of  any
11    individual  to submit to mental or physical examination, when
12    directed, shall be grounds  for  suspension  of  his  or  her
13    license  until  such  time  as  the individual submits to the
14    examination if the Disciplinary Board finds, after notice and
15    hearing, that the refusal to submit to  the  examination  was
16    without  reasonable cause.  If the Disciplinary Board finds a
17    physician unable to practice because of the reasons set forth
18    in this Section, the Disciplinary Board  shall  require  such
19    physician  to  submit  to  care,  counseling, or treatment by
20    physicians approved or designated by the Disciplinary  Board,
21    as   a   condition  for  continued,  reinstated,  or  renewed
22    licensure to practice.   Any  physician,  whose  license  was
23    granted  pursuant  to  Sections 9, 17, or 19 of this Act, or,
24    continued, reinstated, renewed,  disciplined  or  supervised,
25    subject  to  such terms, conditions or restrictions who shall
26    fail to comply with such terms, conditions  or  restrictions,
27    or  to  complete  a  required program of care, counseling, or
28    treatment, as determined by the Chief Medical Coordinator  or
29    Deputy   Medical  Coordinators,  shall  be  referred  to  the
30    Director for a determination as to whether the licensee shall
31    have their license suspended immediately, pending  a  hearing
32    by  the  Disciplinary  Board.   In  instances  in  which  the
33    Director immediately suspends a license under this Section, a
34    hearing  upon  such  person's license must be convened by the
                            -11-     LRB093 06060 RLC 06163 b
 1    Disciplinary Board within 15 days after such  suspension  and
 2    completed  without appreciable delay.  The Disciplinary Board
 3    shall have the authority to review  the  subject  physician's
 4    record  of treatment and counseling regarding the impairment,
 5    to the extent permitted by applicable  federal  statutes  and
 6    regulations   safeguarding  the  confidentiality  of  medical
 7    records.
 8        An individual licensed under  this  Act,  affected  under
 9    this Section, shall be afforded an opportunity to demonstrate
10    to  the  Disciplinary  Board that they can resume practice in
11    compliance with acceptable and prevailing standards under the
12    provisions of their license.
13        The Department may promulgate rules for the imposition of
14    fines in disciplinary cases, not to exceed  $5,000  for  each
15    violation  of  this Act.  Fines may be imposed in conjunction
16    with other forms of disciplinary action, but shall not be the
17    exclusive disposition of any disciplinary action arising  out
18    of  conduct  resulting  in death or injury to a patient.  Any
19    funds collected from such fines shall  be  deposited  in  the
20    Medical Disciplinary Fund.
21        (B)  The  Department shall revoke the license or visiting
22    permit of any  person  issued  under  this  Act  to  practice
23    medicine  or to treat human ailments without the use of drugs
24    and without operative  surgery,  who  has  been  convicted  a
25    second  time  of  committing  any  felony  under the Illinois
26    Controlled Substances Act, or who has been convicted a second
27    time of committing a Class 1 felony under Sections  8A-3  and
28    8A-6 of the Illinois Public Aid Code.  A person whose license
29    or  visiting  permit  is  revoked  under this subsection B of
30    Section 22 of this Act shall be  prohibited  from  practicing
31    medicine  or treating human ailments without the use of drugs
32    and without operative surgery.
33        (C)  The Medical Disciplinary Board  shall  recommend  to
34    the  Department  civil  penalties  and  any other appropriate
                            -12-     LRB093 06060 RLC 06163 b
 1    discipline in disciplinary cases when the Board finds that  a
 2    physician   willfully   performed  an  abortion  with  actual
 3    knowledge that the person upon whom  the  abortion  has  been
 4    performed  is a minor or an incompetent person without notice
 5    as required under the Parental  Notice  of  Abortion  Act  of
 6    1995.   Upon the Board's recommendation, the Department shall
 7    impose, for the first violation, a civil  penalty  of  $1,000
 8    and  for a second or subsequent violation, a civil penalty of
 9    $5,000.
10        (D)  The Department shall temporarily suspend the license
11    or visiting permit of any person issued  under  this  Act  to
12    practice  medicine or to treat human ailments without the use
13    of drugs and without operative  surgery,  who  has  not  paid
14    restitution  to  a  person under Section 46-1 of the Criminal
15    Code of 1961. A person whose license or  visiting  permit  is
16    revoked under this subsection D is prohibited from practicing
17    medicine  or treating human ailments until the restitution is
18    made in full.
19    (Source: P.A.  89-18,  eff.  6-1-95;  89-201,  eff.   1-1-96;
20    89-626,  eff.  8-9-96;  89-702,  eff.  7-1-97;  90-742,  eff.
21    8-13-98.)

22        Section  10.   The  Criminal  Code  of 1961 is amended by
23    changing Section 46-1 and adding Section 46-6 as follows:

24        (720 ILCS 5/46-1)
25        Sec. 46-1.  Insurance fraud.
26        (a)  A person commits the offense of insurance fraud when
27    he or she knowingly obtains, attempts to obtain, or causes to
28    be obtained, by deception, control over the  property  of  an
29    insurance  company  or self-insured entity by the making of a
30    false claim or by causing a false claim to  be  made  on  any
31    policy  of insurance issued by an insurance company or by the
32    making of a false claim to a self-insured  entity,  intending
                            -13-     LRB093 06060 RLC 06163 b
 1    to  deprive  an  insurance  company  or  self-insured  entity
 2    permanently of the use and benefit of that property.
 3        (b)  Sentence.
 4             (1)  A  violation of this Section in which the value
 5        of the property obtained or attempted to be  obtained  is
 6        $300 or less is a Class A misdemeanor.
 7             (2)  A  violation  of the Section in which the value
 8        of the property obtained or attempted to be  obtained  is
 9        more  than  $300  but  not more than $10,000 is a Class 3
10        felony.
11             (3)  A violation of this Section in which the  value
12        of  the  property obtained or attempted to be obtained is
13        more than $10,000 but not more than $100,000 is a Class 2
14        felony.
15             (4)  A violation of this Section in which the  value
16        of  the  property obtained or attempted to be obtained is
17        more than $100,000 is a Class 1 felony.
18             (5)  A person convicted of insurance fraud shall  be
19        ordered  to  pay  monetary  restitution to the insurer or
20        self-insured  entity,  or  any  other  person   for   any
21        financial  loss  sustained  as a result of a violation of
22        this Section, including  any  court  costs  and  attorney
23        fees.  An  order  of  restitution  also includes expenses
24        incurred and paid by an insurer in  connection  with  any
25        medical evaluation or treatment services.
26        (c)  For  the  purposes  of this Article, where the exact
27    value of property obtained or attempted  to  be  obtained  is
28    either  not alleged by the accused or not specifically set by
29    the terms of a policy of insurance, the value of the property
30    shall be the fair market replacement value  of  the  property
31    claimed  to  be  lost,  the reasonable costs of reimbursing a
32    vendor or other claimant for  services  to  be  rendered,  or
33    both.
34        (d)  Definitions.  For the purposes of this Article:
                            -14-     LRB093 06060 RLC 06163 b
 1             (1)  "Insurance  company" means "company" as defined
 2        under Section 2 of the Illinois Insurance Code.
 3             (2)  "Self-insured   entity"   means   any   person,
 4        business, partnership, corporation, or organization  that
 5        sets  aside  funds  to meet his, her, or its losses or to
 6        absorb fluctuations in the amount  of  loss,  the  losses
 7        being charged against the funds set aside or accumulated.
 8             (3)  "Obtain",   "obtains   control",   "deception",
 9        "property"  and "permanent deprivation" have the meanings
10        ascribed to those terms in Article 15 of this Code.
11             (4)  "Governmental  entity"  means   each   officer,
12        board,    commission,   and   agency   created   by   the
13        constitution, whether in the executive,  legislative,  or
14        judicial   branch  of  State  government;  each  officer,
15        department,  board,  commission,   agency,   institution,
16        authority,  university, and body politic and corporate of
17        the  State;  each  administrative   unit   or   corporate
18        outgrowth  of  State  government  that  is  created by or
19        pursuant to statute, including units of local  government
20        and  their  officers,  school  districts,  and  boards of
21        election commissioners; and each administrative  unit  or
22        corporate outgrowth of the above and as may be created by
23        executive order of the Governor.
24             (5)  "False  claim"  means any statement made to any
25        insurer,  purported   insurer,   servicing   corporation,
26        insurance  broker,  or  insurance  agent, or any agent or
27        employee of the entities, and made  as  part  of,  or  in
28        support  of, a claim for payment or other benefit under a
29        policy of insurance, or as part of, or in support of,  an
30        application  for  the  issuance of, or the rating of, any
31        insurance policy, when the statement contains any  false,
32        incomplete, or misleading information concerning any fact
33        or   thing   material  to  the  claim,  or  conceals  the
34        occurrence of an event that is material to  any  person's
                            -15-     LRB093 06060 RLC 06163 b
 1        initial   or   continued  right  or  entitlement  to  any
 2        insurance benefit  or  payment,  or  the  amount  of  any
 3        benefit or payment to which the person is entitled.
 4             (6)  "Statement" means any assertion, oral, written,
 5        or  otherwise,  and  includes, but is not limited to, any
 6        notice, letter, or memorandum; proof  of  loss;  bill  of
 7        lading;  receipt  for payment; invoice, account, or other
 8        financial statement; estimate of  property  damage;  bill
 9        for   services;  diagnosis  or  prognosis;  prescription;
10        hospital, medical or dental chart or other record, x-ray,
11        photograph, videotape, or movie film; test result;  other
12        evidence  of loss, injury, or expense; computer-generated
13        document; and data in any form.
14    (Source: P.A. 90-333, eff. 1-1-98; 91-232, eff. 1-1-00.)

15        (720 ILCS 5/46-6 new)
16        Sec. 46-6.  Actions by state licensing agencies.
17        (a)  All State licensing  agencies,  the  Office  of  the
18    Attorney  General,  and  the  Department  of  Insurance shall
19    coordinate enforcement efforts relating to acts of  insurance
20    fraud.
21        (b)  If  a person who is licensed or registered under the
22    laws of the State of Illinois to  engage  in  a  business  or
23    profession is convicted of or pleads guilty to engaging in an
24    act  of  insurance  fraud, the Office of the Attorney General
25    must forward to each State agency under which the  person  is
26    licensed  or  registered a copy of the conviction or plea and
27    all supporting evidence.
28        (c)  Any agency  that  receives  information  under  this
29    Section  shall,  not  later  than  6 months after the date in
30    which it receives the information, report  the  action  taken
31    against  the  convicted person, including but not limited to,
32    the revocation or suspension of  the  license  or  any  other
33    disciplinary  action  taken.  The report must be submitted to
                            -16-     LRB093 06060 RLC 06163 b
 1    the Director  of  Insurance  and  the  Attorney  General  for
 2    publication under the Open Meetings Act.