State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ][ House Amendment 002 ]

91_HB1265ham001

 










                                             LRB9101916JSsbam

 1                    AMENDMENT TO HOUSE BILL 1265

 2        AMENDMENT NO.     .  Amend House Bill 1265  by  replacing
 3    the title with the following:
 4        "AN  ACT to amend the Illinois Insurance Code by changing
 5    Section 424."; and

 6    by replacing everything after the enacting  clause  with  the
 7    following:

 8        "Section  5.   The  Illinois Insurance Code is amended by
 9    changing Section 424 as follows:

10        (215 ILCS 5/424) (from Ch. 73, par. 1031)
11        Sec. 424.  Unfair methods of competition  and  unfair  or
12    deceptive acts or practices defined. The following are hereby
13    defined  as  unfair  methods  of  competition  and unfair and
14    deceptive acts or practices in the business of insurance:
15        (1)  The commission by any person of any one or  more  of
16    the  acts  defined  or  prohibited by Sections 134, 147, 148,
17    149, 151, 155.22, 155.22a, 236, 237,  364  and  469  of  this
18    Code.
19        (2)  Entering  into  any  agreement  to commit, or by any
20    concerted action committing, any act of boycott, coercion  or
21    intimidation   resulting   in   or   tending   to  result  in
 
                            -2-              LRB9101916JSsbam
 1    unreasonable restraint of, or monopoly in,  the  business  of
 2    insurance.  "Unreasonable  restraint"  includes,  but  is not
 3    limited to, any formal or informal policy  that  requires  or
 4    results  in  a  licensed health care professional agreeing to
 5    participate in all health  care  or  managed  care  plans  or
 6    accident  and  health  policies  operated  by  the  insurance
 7    company  in  order  to  participate  in  one or more plans or
 8    policies operated by the insurance company.  Licensed  health
 9    care  professionals  shall  be  free  to  choose the plans or
10    policies in which to participate, and the choice shall not be
11    the ground for denying participation in any  chosen  plan  or
12    policy.    If   an  agreement  is  signed  by  an  authorized
13    representative of a group of health care professionals,  then
14    the  agreement shall apply to all members of the group unless
15    stated otherwise in  the  agreement.   A  licensed  insurance
16    company  that  violates  this  subsection engages in unlawful
17    tying practices that are unfair methods  of  competition  and
18    unfair and deceptive acts or practices.
19        (3)  Making  or  permitting,  in the case of insurance of
20    the types enumerated in Classes 2 and 3  of  Section  4,  any
21    unfair  discrimination  between  individuals  or risks of the
22    same class or of essentially  the  same  hazard  and  expense
23    element  because  of  the  race,  color, religion or national
24    origin of such insurance risks or applicants.
25        (4)  Engaging in any of the acts or practices defined  in
26    or  prohibited  by  Sections  154.5 through 154.8 of the this
27    Insurance Code.
28        (5)  Making or charging any rate  for  insurance  against
29    losses  arising  from the use or ownership of a motor vehicle
30    which requires a higher premium of any person  by  reason  of
31    his  physical  handicap,  race,  color,  religion or national
32    origin.
33    (Source: P.A. 90-245, eff. 1-1-98.)
 
                            -3-              LRB9101916JSsbam
 1        Section 99.  Effective date.  This Act takes effect  July
 2    1, 1999.".

[ Top ]