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91_HB1265ham002
LRB9101916JSpcam01
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- LRB9101916JSpcam01
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 a
4 licensed health care professional or group of professionals
5 to agree to participate in all health care or managed care
6 plans or accident and health policies operated by the
7 insurance company in order to participate in one or more
8 plans or policies operated by the insurance company. A
9 licensed health care professional's or group of
10 professionals' decision not to accept an offer to participate
11 in one or more plans shall not be the grounds for denying
12 participation in any chosen plan or policy. If an agreement
13 is signed by an authorized representative of a group of
14 health care professionals, then the agreement shall apply to
15 all members of the group unless stated otherwise in the
16 agreement. A licensed insurance company that violates this
17 subsection engages in unlawful tying practices that are
18 unfair methods of competition and unfair and deceptive acts
19 or practices.
20 (3) Making or permitting, in the case of insurance of
21 the types enumerated in Classes 2 and 3 of Section 4, any
22 unfair discrimination between individuals or risks of the
23 same class or of essentially the same hazard and expense
24 element because of the race, color, religion or national
25 origin of such insurance risks or applicants.
26 (4) Engaging in any of the acts or practices defined in
27 or prohibited by Sections 154.5 through 154.8 of the this
28 Insurance Code.
29 (5) Making or charging any rate for insurance against
30 losses arising from the use or ownership of a motor vehicle
31 which requires a higher premium of any person by reason of
32 his physical handicap, race, color, religion or national
33 origin.
34 (Source: P.A. 90-245, eff. 1-1-98.)
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1 Section 99. Effective date. This Act takes effect July
2 1, 1999.".