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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.".