(215 ILCS 110/1) (from Ch. 32, par. 690.1)
Sec. 1.
This Act may be cited as the
Dental Service Plan Act.
(Source: P.A. 86-1475.)
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(215 ILCS 110/2) (from Ch. 32, par. 690.2)
Sec. 2.
For the purpose of this Act, the terms set forth in Sections 3
through 14, inclusive, have the respective meanings specified therein,
unless different meanings are plainly indicated by the context.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/3) (from Ch. 32, par. 690.3)
Sec. 3.
"Dental service plan corporation" means a corporation organized
under the terms of this Act for the sole and specific purpose of
establishing and operating a dental service plan.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/4) (from Ch. 32, par. 690.4)
Sec. 4.
"Dental service plan" means a plan or system under which dental
service may be rendered to a subscriber or other beneficiary by a duly
licensed dentist, at the expense of a dental service plan corporation, in
consideration of prepayments made by or on behalf of a subscriber prior to
the occurrence of the condition requiring dental service.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/5) (from Ch. 32, par. 690.5)
Sec. 5.
"Dental service" means the ordinary and usual professional services
rendered by dentists licensed in Illinois to practice dentistry and dental
surgery.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/6) (from Ch. 32, par. 690.6)
Sec. 6.
"Subscriber" means a natural person to whom a subscription
certificate has been issued by a dental service plan corporation.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/7) (from Ch. 32, par. 690.7)
Sec. 7.
"Beneficiary" means a person designated in a subscription
certificate as one entitled to receive dental service.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/8) (from Ch. 32, par. 690.8)
Sec. 8.
"Subscription certificate" means a certificate issued to a
subscriber by a dental service plan corporation, setting forth the terms
and conditions upon which a dental service plan corporation shall be liable
to pay for dental service rendered to a subscriber or beneficiary.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/9) (from Ch. 32, par. 690.9)
Sec. 9.
"Covered dependent" means a subscriber's spouse, or a subscriber's
child under the age of 19 years.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/10) (from Ch. 32, par. 690.10)
Sec. 10.
"Participating dentist" means a dentist licensed in Illinois to
practice dentistry, and who, by written agreement with a dental service
plan corporation undertakes to furnish dental service to the plan's
subscribers and their covered dependents and to abide by its by-laws, rules
and regulations.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/11) (from Ch. 32, par. 690.11)
Sec. 11.
"Director" means the Director of Insurance of the State of
Illinois.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/12) (from Ch. 32, par. 690.12)
Sec. 12.
All masculine pronouns may import the masculine, feminine or
neuter gender.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/13) (from Ch. 32, par. 690.13)
Sec. 13.
"Person" means any of the following:
natural person, corporation,
co-partnership or association of persons.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/14) (from Ch. 32, par. 690.14)
Sec. 14.
"Geographic area" means an area consisting of 2 or more contiguous
counties, except that a county having more than 500,000 inhabitants may be
a geographic area.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/15) (from Ch. 32, par. 690.15)
Sec. 15.
It is unlawful for any person, except a dental service plan
corporation chartered in accordance with the provisions of this Act and
operating in accordance with authority from the Director, to establish,
maintain or operate a dental service plan, or to solicit subscribers to
or enter into contracts with respect to a dental service plan. This
prohibition, however, shall not be construed as preventing the
organization, establishment and operation of corporations organized in
accordance with the provisions of the Voluntary Health Services Plans
Act nor shall it be construed as
preventing a person from furnishing dental services for the prevention
of disease among his employees or from furnishing such dental service as
is required under the workers' compensation laws and related
legislation, when the employee is not charged for such services; nor
shall it be construed to prohibit an insurance company, or other
corporation or society which is subject to the supervision of the
Director, from operating in accordance with the laws governing insurance
companies, or such corporations or societies; nor shall it be construed
to prohibit the continued operation of any dental, medical, or health
service plan in existence and functioning upon the effective date of
this Act.
(Source: P.A. 88-364.)
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(215 ILCS 110/15.1) (from Ch. 32, par. 690.15a)
Sec. 15.1.
No new plans may be chartered.
No dental service plan
shall be issued a charter for the purpose of doing business under this Act
after the effective date of this Amendatory Act of 1989.
(Source: P.A. 86-600.)
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(215 ILCS 110/16) (from Ch. 32, par. 690.16)
Sec. 16.
Nine or more natural persons of legal age, all of whom are
residents of Illinois and citizens of the United States, and at least a
majority of whom are dentists licensed in Illinois to practice dentistry,
may form, under the provisions of this Act, a dental service plan
corporation for the purpose of establishing and operating a dental service
plan or plans. Such corporation shall be subject to regulation and
supervision by the Director as hereinafter provided, but shall not be
subject to the laws of this State with respect to insurance corporations,
except as provided in this Act.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/17) (from Ch. 32, par. 690.17)
Sec. 17. The business and affairs of a dental service plan corporation
shall be managed by a board of trustees, which shall have the power to
adopt and to amend, from time to time, by-laws governing the conduct of the
corporation's business. The number of trustees shall be not less than 9 nor
more than 21. Subject to such limitation, the number of trustees shall be
fixed by the by-laws, except as to the number of the first board of
trustees which number shall be fixed by the charter, and the number of
trustees may be increased or decreased from time to time by amendment to
the by-laws. In the absence of a by-law fixing the number of trustees, the
number shall be the same as that stated in the charter. The trustees
constituting the first board of trustees shall be named in the charter and
shall hold office for such period or periods as may be specified in the
charter or the by-laws. Trustees may be divided into classes and the terms
of office of the several classes need not be uniform, but no such term
shall exceed 3 years. Each trustee shall hold office for the term for which
he is elected and until his successor has been elected and qualified. Any
vacancy occurring in the board of trustees and any trusteeship to be filled
by reason of an increase in the number of trustees may be filled by the
board of trustees. A trustee appointed to fill a vacancy shall be appointed
for the unexpired term of his predecessor in office. Each trustee shall be
of legal age and a citizen of the United States. At least one-third of the trustees shall be participating dentists of the corporation licensed in Illinois to practice
dentistry who are also residents of Illinois, and they shall be designated as "dental trustees". The remaining
trustees shall be designated as "public trustees". As the terms
of dental trustees expire, they shall be replaced, from time to time, by participating
dentists of the corporation licensed in Illinois to practice dentistry who are also residents of Illinois, and elected by the corporation's participating dentists, in the manner
prescribed by the by-laws. As the terms of public trustees expire, they
shall be replaced, from time to time, by election by the corporation's
subscribers, in the manner prescribed by the by-laws. Voting
by proxy shall be permitted.
(Source: P.A. 97-989, eff. 1-1-13.)
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(215 ILCS 110/18) (from Ch. 32, par. 690.18)
Sec. 18.
A dental service plan corporation may, in the discretion of its
board of trustees, through its by-laws, limit or define the classes of
persons who shall be eligible to become subscribers, limit and define the
benefits which it will furnish, and may divide such benefits as it
undertakes to furnish into classes or kinds. In the absence of any such
limitation or division of service, such a corporation may provide either or
both general and special dental benefits, including such service as may be
necessarily incident to dental care. Such corporation may limit the
issuance of subscription certificates to residents of any geographic area
specified in its by-laws.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/19) (from Ch. 32, par. 690.19)
Sec. 19.
Every dentist licensed in Illinois to practice dentistry, and who
is reputable and in good standing, shall be eligible to become a
participating dentist in the dental service plan corporation operating in
the geographic area in which he resides or practices, under such terms and
conditions as are imposed on other participating dentists under similar
circumstances. A dental service plan corporation shall impose no
restrictions on the dentists who treat its subscribers as to methods of
diagnosis or treatment. The private dentist-patient relationship shall be
maintained, and a subscriber shall at all times have free choice of any
dentist who is a participating dentist in the corporation and who agrees to
accept a particular beneficiary as a patient.
Except as otherwise provided in Section 15 of this Act, no person
shall offer to the public any dental service plan or otherwise engage in
the business of a dental service plan corporation without having first
received a charter from the Director.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/20) (from Ch. 32, par. 690.20)
Sec. 20.
The charter of a dental service plan corporation shall set forth:
(a) The corporate name;
(b) The location of its principal office and the name and address of its
registered agent;
(c) The period of duration, which may be perpetual;
(d) A description of the type of business in which it is to have the
power to be engaged;
(e) The amount of capital to be contributed to the corporation before it
shall commence doing business;
(f) A designation of the geographic area in which it is proposed that
the corporation shall have authority to engage in business;
(g) The names, places of residence, and occupations of each of the
incorporators;
(h) Such other provisions not inconsistent with law as may be determined
by the Director to be necessary or advisable.
Each such corporation shall have and continuously maintain in this state
a registered office which may be, but need not be, the same as its place of
business, and a registered agent, which agent may be any person having a
business office in this state. The name and address of the initial
registered agent and the initial registered office of the corporation shall
be set forth in its charter.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/21) (from Ch. 32, par. 690.21)
Sec. 21.
Prior to the issuance of a charter to any such corporation, the
following information shall be furnished to the Director:
(a) The occupation, qualifications and place of residence and
professional or business address, if any, of each of the incorporators;
(b) The name of each contributor to the capital of the corporation, the
amount contributed by him and the terms of such contribution;
(c) A copy of the by-laws to be adopted by the Board of Trustees upon
the issuance of a charter;
(d) Specimen copies of all subscription certificates which it is
proposed the corporation shall issue to subscribers, which certificates
shall set forth in detail the rates to be charged subscribers and the
nature and extent of the dental service which the subscriber or other
beneficiary shall be entitled to receive at the expense of the corporation;
(e) Copies of all agreements to be entered into between the dental
service plan corporation and participating dentists, which shall set forth
in detail the terms and conditions upon which a participating dentist shall
render dental service to subscribers of the corporation;
(f) A detailed statement as to the dental service plan or plans which
the corporation proposes to offer, including the rates to be charged and
the benefits to be provided;
(g) Proof satisfactory to the Director that in the geographic area in
which it is proposed that the dental service plan corporation shall
operate, at least a majority of the licensed dentists residing and in
active practice in such geographic area have agreed to become participating
dentists in association with the dental service plan corporation;
(h) The name and business address of the person who shall be the initial
registered agent of the corporation and the address of its initial
registered office;
(i) Such other information as the Director determines to be necessary or
advisable.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/22) (from Ch. 32, par. 690.22)
Sec. 22.
Amendments to a charter shall be made by application to the
Director and shall be subject to his approval.
Amendments to a charter having the effect of adding one or more
additional counties in which the dental service plan corporation shall
operate may, if a majority of the dentists residing and in active practice
therein have agreed to become participating dentists, be adopted by the
affirmative vote of a majority of the trustees then in office.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/23) (from Ch. 32, par. 690.23)
Sec. 23.
After the issuance of a charter, the Director, as he deems in the
public interest, may authorize a dental service plan corporation to solicit
and fulfill contracts, or require a dental service plan corporation to
charge rates or to utilize soliciting methods different from those on which
the charter was based, provided that such contracts and practices are in
compliance with provisions of this Act and are not violative of other laws
of this State.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/24) (from Ch. 32, par. 690.24)
Sec. 24.
The Director may revoke or amend, after reasonable notice and
hearing, any charter, certificate, order, authority or consent made by him
to a dental service plan corporation on being satisfied (1) that the
further solicitation of subscribers or further continuance of the practices
in question will work a fraud on subscribers, (2) that the rates charged or
the benefits provided are not fair and reasonable to both the subscriber
and the corporation. The Director after reasonable notice and hearing may
also cancel the authority of the corporation to transact business in any
particular geographic area if he finds that less than a majority of the
eligible licensed dentists practicing in that geographic area are
participating dentists.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/25) (from Ch. 32, par. 690.25)
(Text of Section before amendment by P.A. 103-656)
Sec. 25. Application of Insurance Code provisions. Dental service
plan corporations and all persons interested therein or dealing therewith
shall be subject to the provisions of Articles IIA, XI, and XII 1/2
and
Sections 3.1,
133, 136, 139, 140, 143, 143c, 149, 155.49, 355.2, 355.3, 367.2, 401, 401.1, 402, 403, 403A, 408,
408.2, and 412, and subsection (15) of Section 367 of the Illinois Insurance
Code.
(Source: P.A. 103-426, eff. 8-4-23.)
(Text of Section after amendment by P.A. 103-656) Sec. 25. Application of Insurance Code provisions. Dental service plan corporations and all persons interested therein or dealing therewith shall be subject to the provisions of Articles IIA, XI, and XII 1/2 and Sections 3.1, 133, 136, 139, 140, 143, 143.31, 143c, 149, 155.49, 355.2, 355.3, 367.2, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and subsection (15) of Section 367 of the Illinois Insurance Code.(Source: P.A. 103-426, eff. 8-4-23; 103-656, eff. 1-1-25.) |
(215 ILCS 110/26) (from Ch. 32, par. 690.26)
Sec. 26.
Examination of corporations.
The Director shall have, with
respect to dental service plan
corporations, the powers of examination conferred upon him relative to
insurance companies by Sections 132 through 132.7 of the
Illinois Insurance Code. The cost of any examination
shall be paid by the corporation examined.
(Source: P.A. 89-97, eff. 7-7-95.)
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(215 ILCS 110/27) (from Ch. 32, par. 690.27)
Sec. 27.
No dental service plan corporation shall enter into any contract
with a subscriber until it has filed with the Director a schedule of rates
to be paid by a subscriber to each type of contract, and the Director has
approved the rate for each type of contract.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/27.1) Sec. 27.1. Reinsurance agreement; filing. A dental service plan may enter into reinsurance agreements for dental service. Any reinsurance agreement shall be subject to the provisions of the laws of this State regarding reinsurance as provided in Article XI of the Illinois Insurance Code. All reinsurance agreements must be filed with the Director. A reinsurance agreement which is not disapproved by the Director within 30 days after its submission shall be deemed approved.
(Source: P.A. 99-151, eff. 7-28-15.) |
(215 ILCS 110/28) (from Ch. 32, par. 690.28)
Sec. 28.
No subscription certificate shall be issued by any dental service
plan corporation until the form thereof has been filed with and approved
by the Director, together with all applications, riders and endorsements
for use in connection with the issuance or renewal thereof. It shall be
the duty of the Director to withhold approval of any contract form filed
with him if it violates any provisions of this Act, or if it violates or
is contrary to any provisions of Sections 143, 355 and 355a of the "Illinois
Insurance Code", approved June 29, 1937, as amended, which are not inconsistent
or in conflict with provisions of this Act.
(Source: P.A. 79-681.)
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(215 ILCS 110/29) (from Ch. 32, par. 690.29)
Sec. 29.
Every subscription certificate made by a dental service plan
corporation shall provide for the payment for dental services as therein
specified for a period of 12 months from the date of issue of the
subscription certificate. Any such contract may provide that it shall
ordinarily be renewed from year to year, unless there has been one
month's prior written notice of termination either by the subscriber or
by the corporation. During the first contract year the provisions of the
contract may provide that the inception of coverage may be deferred for
not more than 2 months from date of issue of the contract and may
exclude treatment for illness or other condition requiring dental
service existing at the inception of the contract.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/30) (from Ch. 32, par. 690.30)
Sec. 30.
Every contract entered into between a dental service plan
corporation and a subscriber shall be in writing and a certificate stating
the terms and conditions thereof shall be furnished the subscriber. No such
subscription certificate shall be issued unless it contains the following
provisions:
(a) A statement of the amounts payable to the corporation by the
subscriber and the times and manner in which such amounts shall be paid;
(b) A statement of the nature of the dental services to be paid for and
the period during which the certificate shall be effective; and if there
are any types of dental services to be excepted, a detailed statement of
such exceptions printed as hereinafter specified;
(c) A statement of the terms or conditions, if any, upon which the
certificate may be cancelled or otherwise terminated at the option of
either party;
(d) A statement that the subscription certificate, including any
endorsements and applications attached, constitutes the entire contract
between the corporation and the subscriber;
(e) A statement that no statement by the subscriber in his application
for a certificate shall void the contract or be used in any legal
proceeding thereunder, unless such application or an exact copy thereof is
included in or attached to the certificate, and that no agent or
representative of such corporation, other than an officer or officers
designated in the certificate, is authorized to change the contract or
waive any of its provisions;
(f) A statement that if the subscriber defaults in making any payment
under the certificate, the subsequent acceptance of a payment by the
corporation or by one of its duly authorized agents shall reinstate the
certificate, but with respect to disease and injury may cover only such
disease or injury as may be first manifested more than a specified number
of days, not exceeding 10, after the date of such acceptance;
(g) A statement of the period of grace which will be allowed the
subscriber for making any payment due under the contract. Such period shall
not be less than 10 days; and
(h) A statement that indemnity in the form of cash will not be paid to
any subscriber except in reimbursement for payments made by the subscriber
to a dentist and for which the corporation was liable at the time of such
payment.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/30.1) (from Ch. 32, par. 690.30-1)
Sec. 30.1.
(1) No service plan contract of a dental service plan
corporation which in addition to covering the subscriber, also covers members
of the subscriber's immediate family, shall contain any disclaimer, waiver or
other limitation of coverage relative to the dental service benefits for
or insurability of newborn infants of the subscriber from and after the
moment of birth.
(2) Each such contract shall contain a provision stating that the
dental service benefits applicable for children shall be granted immediately
with respect to a newly born child from the moment of birth. The coverage
for newly born children shall include coverage of illness, injury, congenital
defects, birth abnormalities and premature birth.
(3) If payment of a specific subscription fee is required to provide
coverage for a child, the contract may require that notification of birth of
a newly born child must be furnished to the corporation within 31 days after
the date of birth in order to have the coverage continue beyond such 31 day
period and may require payment of the appropriate fee.
(4) The requirements of this Section shall apply to all contracts delivered,
issued for delivery, renewed, or amended on or after the sixtieth day following
the effective date of this Section.
(Source: P.A. 79-74.)
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(215 ILCS 110/30.2) (from Ch. 32, par. 690.30-2)
Sec. 30.2.
Medical Assistance Exclusions Prohibited.
No
service plan contract delivered, issued for delivery, renewed, or
amended by a dental service plan corporation shall contain any
provision which limits or excludes payments of hospital or medical
benefits coverage to or on behalf of the subscriber because the subscriber
or any covered dependent is eligible for or is receiving medical assistance
benefits under Article V, VI, or VII of The Illinois Public Aid Code.
The requirements of this Section shall apply to all such service
plan contracts delivered, issued for delivery, renewed or amended on
or after 30 days following the effective date of this Section.
(Source: P.A. 82-330.)
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(215 ILCS 110/30.3) (from Ch. 32, par. 690.30-3)
Sec. 30.3.
Medical Assistance Exclusions Void.
Any provision
contained in a service plan contract issued by a dental service plan
corporation which limits or excludes payments of hospital or medical
benefits or both to or on behalf of the subscriber because the subscriber
or any covered dependent is eligible for or is receiving medical
assistance benefits under Article V, VI, or VII of The Illinois
Public Aid Code shall be void after 30 days following the effective
date of this Section.
(Source: P.A. 82-330.)
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(215 ILCS 110/31) (from Ch. 32, par. 690.31)
Sec. 31.
In every such subscription certificate, referred to in Section
30:
(a) All printed portions shall be plainly printed in type of which the
face is not smaller than 10 point;
(b) There shall be a brief description of the subscription certificate
on its first page and on its filing back in type of which the face is not
smaller than 14 point;
(c) The exceptions of the contract shall appear with the same prominence
in the certificate as the benefits to which they apply; and
(d) If the contract contains any provisions purporting to make any
portion of the charter or of the by-laws of the corporation a part of the
contract, such portions shall be set forth in full in the subscription
certificate.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/32) (from Ch. 32, par. 690.32)
Sec. 32.
A dental service plan corporation may enter into agreements with
dentists qualified as set forth herein, under which such dentists become
participating dentists in a plan operated by the corporation. Such
corporation may make to such dentists such payments as have accrued to them
by reason of services performed under the plan. Payment for dental services
may be made to participating or nonparticipating dentists, or to
nonparticipating licensed physicians, at rates adopted by the board of
trustees. A dental service plan corporation may enter into contracts for
the payment of dental services to the subscribers or members of similar
dental service plan corporations of other states, subject to the
supervision of such other states, and shall have the right to reimburse any
other dental service plan corporation or dentists of another state or of
the geographic areas of this State in which the corporation does not
transact business for services rendered to its subscribers, or
beneficiaries named in the certificates issued to such subscribers, at the
same rate paid participating dentists under the certificate of the
subscriber.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/32.1) (from Ch. 32, par. 690.32-1)
Sec. 32.1.
All claims payable in the form of indemnities under the
terms of a service plan contract or subscription certificate shall be paid
within 30 days following receipt by the corporation of due proof of loss.
A dental service plan corporation which neglects to pay a claim within 30
days following receipt by the corporation of due proof of loss shall pay
the subscriber interest at the rate of 9% per annum from the 30th day
after receipt of such proof of loss to the date of late payment.
(Source: P.A. 85-395.)
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(215 ILCS 110/33) (from Ch. 32, par. 690.33)
Sec. 33.
No corporation subject to the provisions of this Act shall, except
upon the approval of the Director, disburse during any one calendar year
more than 10% of the aggregate amount of payments received from subscribers
during that year as expenditures for the solicitation of subscribers,
except that during the first year after the issuance of a charter such
corporation may so disburse not more than 20% of such amount, and during
the second year not more than 15% thereof.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/34) (from Ch. 32, par. 690.34)
Sec. 34.
No such corporation shall disburse during any one year, except
upon the approval of the Director, a sum greater than 20% of payments
received from subscribers during that year, as administrative expenses.
The term "administrative expense" as used in this section includes all
expenditures for nonprofessional services and in general all expenses not
directly connected with the payment for dental services, but does not
include expenses of soliciting subscriptions.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/35) (from Ch. 32, par. 690.35)
Sec. 35.
Investments; reserves; deficiencies.
(a) The funds of any dental service plan corporation may be invested only in
accordance with the requirements provided by law for the investment of funds of
life insurance companies.
(b) As an allocation of net worth, each dental service plan corporation
shall maintain a special contingent reserve. The special contingent reserve
for a corporation that is beginning operations shall be equal to 5% of its
net earned subscription revenue for dental care services through December
31st of the year in which it is certified, but in no event less than $100,000. In subsequent years, unless waived by the Director, the
corporation shall accumulate additions to the contingent reserve in an amount
which is equal to 2% of its net earned subscription revenue for each calendar
year. For purposes of this Section, "net earned subscription revenue"
means premium minus reinsurance expenses. Maintenance of the contingent
reserve requires that net worth equals or exceeds the contingent reserve at any
balance sheet date. The special contingent reserve shall be provided in cash
and securities in combination and form acceptable to the Director.
(c) Additional accumulations under Section 35(b) will no longer be required
when the total special contingent reserve required by
Section 35(b) is equal to or greater than 5% of the corporation's average
annual net earned subscription revenue for the corporation's preceding 2 calendar years.
Additional accumulations under subsection (b) of this Section shall no
longer
be required when
the total special contingent reserve required by subsection (b)
of this Section is equal to $1,500,000.
(d) A deficiency in meeting amounts required in subsection (b) or (c) of this Section will
require, upon notice from the Director, (1) filing of a plan for correction
of the deficiency, acceptable to the Director, within 20 days from receipt
of notice, and (2) correction of the deficiency within a reasonable time,
not to exceed 60 days from receipt of notice unless an extension of time
is granted by the Director. Such a deficiency will be deemed an
impairment, and failure to correct the deficiency in the prescribed time
shall be grounds for rehabilitation, liquidation, conservation, or
dissolution pursuant to Section 38.
(Source: P.A. 90-794, eff. 8-14-98.)
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(215 ILCS 110/36)
Sec. 36. (Repealed).
(Source: Laws 1965, p. 2179. Repealed by P.A. 97-486, eff. 1-1-12.)
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(215 ILCS 110/37)
Sec. 37. (Repealed).
(Source: Laws 1965, p. 2179. Repealed by P.A. 97-486, eff. 1-1-12.)
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(215 ILCS 110/38) (from Ch. 32, par. 690.38)
Sec. 38.
To the extent that the same are applicable and not inconsistent
with the provisions of this Act, all proceedings for the rehabilitation,
liquidation, conservation or dissolution of dental service plan
corporations shall be subject to the provisions of Article XIII of the
"Illinois Insurance Code", approved June 29, 1937, as amended.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/39) (from Ch. 32, par. 690.39)
Sec. 39.
Every dental service plan corporation shall pay to the Director
the fees and charges set forth in Sections 408 and 408.2 of the Illinois Insurance Code.
(Source: P.A. 84-989.)
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(215 ILCS 110/40) (from Ch. 32, par. 690.40)
Sec. 40.
Every dental service plan corporation shall, at the written
request of a subscriber, furnish a list of the names and addresses of all
of the dentists in the geographic area of the subscriber's residence who
have agreements with the corporation to act as participating dentists.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/41) (from Ch. 32, par. 690.41)
Sec. 41.
A dental service plan corporation may receive and accept from
governmental or private agencies or from other persons, as defined in this
Act, payments covering all or part of the cost of subscriptions to provide
dental care for needy and other individuals. However, all contracts for
dental care shall be between the dental service plan corporation and the
person to receive such care.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/42) (from Ch. 32, par. 690.42)
Sec. 42.
A dental service plan corporation shall not be liable for injuries
resulting from negligence, misfeasance, malfeasance, non-feasance or
malpractice on the part of any officer or employee of the corporation or on
the part of any dentist, whether participating or not, in the course of
rendering dental service to subscribers and beneficiaries.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/43) (from Ch. 32, par. 690.43)
Sec. 43.
Every dental service plan corporation organized hereunder shall be
operated and conducted not-for-profit and shall be deemed a charitable and
benevolent corporation, and all of its funds and property shall be exempt
from every State, county, district, municipal and school tax or assessment,
and all other taxes and license fees, from the payment of which charitable
and benevolent corporations or institutions are now or may hereafter be
exempt. This exemption shall not prevail against fees and charges imposed
by Sections 408, 408.2, 409, 444, and 444.1 of the Illinois
Insurance Code.
The laws of this state applicable to the merger, dissolution and
liquidation of domestic not-for-profit corporations and in respect to the
rights, classification and meetings of members, the selection, change,
duties and powers of corporate officers, and the filing of annual reports
by domestic not-for-profit corporations shall be applicable to corporations
organized under this act to the extent the same are not inconsistent with
the provisions of this act. Wherever in any such laws reference is made to
"Directors" of such not-for-profit corporations, such statutory provisions
shall be deemed to apply to the trustees of corporations organized under
this act, and wherever the office of the Secretary of State is mentioned in
such an act, such provisions shall be deemed to refer to and designate the
Director of Insurance when applied to corporations organized hereunder.
(Source: P.A. 90-583, eff. 5-29-98.)
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(215 ILCS 110/44) (from Ch. 32, par. 690.44)
Sec. 44.
Any person, or any agent or officer of the corporation who
violates any provisions of this Act or who makes any false statement with
respect to any report or statement required by this Act or required by the
Director under this Act is guilty of a Class A misdemeanor.
(Source: P.A. 77-2830.)
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(215 ILCS 110/45) (from Ch. 32, par. 690.45)
Sec. 45.
The provisions of this Act are severable, and if any provision of
this Act is declared unconstitutional or the applicability thereof to any
person or circumstance is held invalid, the constitutionality of the
remainder of the Act and the applicability thereof to other persons and
circumstances shall not be affected thereby.
(Source: Laws 1965, p. 2179.)
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(215 ILCS 110/46) (from Ch. 32, par. 690.46)
Sec. 46.
Every final administrative decision of the Director is subject
to judicial review only under and in accordance with the Administrative
Review Law, as amended. The Administrative Review Law and all
amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the Director
hereunder. The term "administrative decision" is defined as in Section
3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
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(215 ILCS 110/47) (from Ch. 32, par. 690.47)
Sec. 47. Continuance privilege; group type contracts. (1) Every
service plan contract of a dental service plan corporation which
provides that the continued coverage of a beneficiary is contingent upon
the continued employment of the subscriber with a particular employer shall
further provide for the continuance of such contract in accordance with
the requirements set forth in Section 367.2 of the Illinois Insurance Code.
(2) The requirements of this Section shall apply to all such contracts
delivered, issued for delivery, renewed, or amended on or after December 1, 1985 (the effective
date of Public Act 84-556).
(Source: P.A. 102-558, eff. 8-20-21.)
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