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Public Act 103-0103 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Insurance Law is amended by | ||||
adding Section 1405-50 as follows: | ||||
(20 ILCS 1405/1405-50 new) | ||||
Sec. 1405-50. Marketplace Director of the Illinois Health | ||||
Benefits Exchange. The Governor shall appoint, with the advice | ||||
and consent of the Senate, a person within the Department of | ||||
Insurance to serve as the Marketplace Director of the Illinois | ||||
Health Benefits Exchange. The Governor may make a temporary | ||||
appointment until the next meeting of the Senate. This person | ||||
may be an existing employee with other duties. The Marketplace | ||||
Director shall receive an annual salary as set by the Governor | ||||
and shall be paid out of the appropriations to the Department. | ||||
The Marketplace Director shall not be subject to the Personnel | ||||
Code. The Marketplace Director, under the direction of the | ||||
Director, shall manage the operations and staff of the | ||||
Illinois Health Benefits Exchange to ensure optimal exchange | ||||
performance. | ||||
Section 10. The State Finance Act is amended by adding | ||||
Section 5.990 as follows: |
(30 ILCS 105/5.990 new) | ||
Sec. 5.990. The Illinois Health Benefits Exchange Fund. | ||
Section 15. The Illinois Procurement Code is amended by | ||
changing Section 1-10 as follows:
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(30 ILCS 500/1-10)
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Sec. 1-10. Application.
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(a) This Code applies only to procurements for which | ||
bidders, offerors, potential contractors, or contractors were | ||
first
solicited on or after July 1, 1998. This Code shall not | ||
be construed to affect
or impair any contract, or any | ||
provision of a contract, entered into based on a
solicitation | ||
prior to the implementation date of this Code as described in
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Article 99, including, but not limited to, any covenant | ||
entered into with respect
to any revenue bonds or similar | ||
instruments.
All procurements for which contracts are | ||
solicited between the effective date
of Articles 50 and 99 and | ||
July 1, 1998 shall be substantially in accordance
with this | ||
Code and its intent.
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(b) This Code shall apply regardless of the source of the | ||
funds with which
the contracts are paid, including federal | ||
assistance moneys. This
Code shall
not apply to:
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(1) Contracts between the State and its political | ||
subdivisions or other
governments, or between State |
governmental bodies, except as specifically provided in | ||
this Code.
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(2) Grants, except for the filing requirements of | ||
Section 20-80.
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(3) Purchase of care, except as provided in Section | ||
5-30.6 of the Illinois Public Aid
Code and this Section.
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(4) Hiring of an individual as an employee and not as | ||
an independent
contractor, whether pursuant to an | ||
employment code or policy or by contract
directly with | ||
that individual.
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(5) Collective bargaining contracts.
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(6) Purchase of real estate, except that notice of | ||
this type of contract with a value of more than $25,000 | ||
must be published in the Procurement Bulletin within 10 | ||
calendar days after the deed is recorded in the county of | ||
jurisdiction. The notice shall identify the real estate | ||
purchased, the names of all parties to the contract, the | ||
value of the contract, and the effective date of the | ||
contract.
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(7) Contracts necessary to prepare for anticipated | ||
litigation, enforcement
actions, or investigations, | ||
provided
that the chief legal counsel to the Governor | ||
shall give his or her prior
approval when the procuring | ||
agency is one subject to the jurisdiction of the
Governor, | ||
and provided that the chief legal counsel of any other | ||
procuring
entity
subject to this Code shall give his or |
her prior approval when the procuring
entity is not one | ||
subject to the jurisdiction of the Governor.
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(8) (Blank).
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(9) Procurement expenditures by the Illinois | ||
Conservation Foundation
when only private funds are used.
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(10) (Blank). | ||
(11) Public-private agreements entered into according | ||
to the procurement requirements of Section 20 of the | ||
Public-Private Partnerships for Transportation Act and | ||
design-build agreements entered into according to the | ||
procurement requirements of Section 25 of the | ||
Public-Private Partnerships for Transportation Act. | ||
(12) (A) Contracts for legal, financial, and other | ||
professional and artistic services entered into by the | ||
Illinois Finance Authority in which the State of Illinois | ||
is not obligated. Such contracts shall be awarded through | ||
a competitive process authorized by the members of the | ||
Illinois Finance Authority and are subject to Sections | ||
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | ||
as well as the final approval by the members of the | ||
Illinois Finance Authority of the terms of the contract. | ||
(B) Contracts for legal and financial services entered | ||
into by the Illinois Housing Development Authority in | ||
connection with the issuance of bonds in which the State | ||
of Illinois is not obligated. Such contracts shall be | ||
awarded through a competitive process authorized by the |
members of the Illinois Housing Development Authority and | ||
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | ||
and 50-37 of this Code, as well as the final approval by | ||
the members of the Illinois Housing Development Authority | ||
of the terms of the contract. | ||
(13) Contracts for services, commodities, and | ||
equipment to support the delivery of timely forensic | ||
science services in consultation with and subject to the | ||
approval of the Chief Procurement Officer as provided in | ||
subsection (d) of Section 5-4-3a of the Unified Code of | ||
Corrections, except for the requirements of Sections | ||
20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||
Code; however, the Chief Procurement Officer may, in | ||
writing with justification, waive any certification | ||
required under Article 50 of this Code. For any contracts | ||
for services which are currently provided by members of a | ||
collective bargaining agreement, the applicable terms of | ||
the collective bargaining agreement concerning | ||
subcontracting shall be followed. | ||
On and after January 1, 2019, this paragraph (13), | ||
except for this sentence, is inoperative. | ||
(14) Contracts for participation expenditures required | ||
by a domestic or international trade show or exhibition of | ||
an exhibitor, member, or sponsor. | ||
(15) Contracts with a railroad or utility that | ||
requires the State to reimburse the railroad or utilities |
for the relocation of utilities for construction or other | ||
public purpose. Contracts included within this paragraph | ||
(15) shall include, but not be limited to, those | ||
associated with: relocations, crossings, installations, | ||
and maintenance. For the purposes of this paragraph (15), | ||
"railroad" means any form of non-highway ground | ||
transportation that runs on rails or electromagnetic | ||
guideways and "utility" means: (1) public utilities as | ||
defined in Section 3-105 of the Public Utilities Act, (2) | ||
telecommunications carriers as defined in Section 13-202 | ||
of the Public Utilities Act, (3) electric cooperatives as | ||
defined in Section 3.4 of the Electric Supplier Act, (4) | ||
telephone or telecommunications cooperatives as defined in | ||
Section 13-212 of the Public Utilities Act, (5) rural | ||
water or waste water systems with 10,000 connections or | ||
less, (6) a holder as defined in Section 21-201 of the | ||
Public Utilities Act, and (7) municipalities owning or | ||
operating utility systems consisting of public utilities | ||
as that term is defined in Section 11-117-2 of the | ||
Illinois Municipal Code. | ||
(16) Procurement expenditures necessary for the | ||
Department of Public Health to provide the delivery of | ||
timely newborn screening services in accordance with the | ||
Newborn Metabolic Screening Act. | ||
(17) Procurement expenditures necessary for the | ||
Department of Agriculture, the Department of Financial and |
Professional Regulation, the Department of Human Services, | ||
and the Department of Public Health to implement the | ||
Compassionate Use of Medical Cannabis Program and Opioid | ||
Alternative Pilot Program requirements and ensure access | ||
to medical cannabis for patients with debilitating medical | ||
conditions in accordance with the Compassionate Use of | ||
Medical Cannabis Program Act. | ||
(18) This Code does not apply to any procurements | ||
necessary for the Department of Agriculture, the | ||
Department of Financial and Professional Regulation, the | ||
Department of Human Services, the Department of Commerce | ||
and Economic Opportunity, and the Department of Public | ||
Health to implement the Cannabis Regulation and Tax Act if | ||
the applicable agency has made a good faith determination | ||
that it is necessary and appropriate for the expenditure | ||
to fall within this exemption and if the process is | ||
conducted in a manner substantially in accordance with the | ||
requirements of Sections 20-160, 25-60, 30-22, 50-5, | ||
50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | ||
50-36, 50-37, 50-38, and 50-50 of this Code; however, for | ||
Section 50-35, compliance applies only to contracts or | ||
subcontracts over $100,000. Notice of each contract | ||
entered into under this paragraph (18) that is related to | ||
the procurement of goods and services identified in | ||
paragraph (1) through (9) of this subsection shall be | ||
published in the Procurement Bulletin within 14 calendar |
days after contract execution. The Chief Procurement | ||
Officer shall prescribe the form and content of the | ||
notice. Each agency shall provide the Chief Procurement | ||
Officer, on a monthly basis, in the form and content | ||
prescribed by the Chief Procurement Officer, a report of | ||
contracts that are related to the procurement of goods and | ||
services identified in this subsection. At a minimum, this | ||
report shall include the name of the contractor, a | ||
description of the supply or service provided, the total | ||
amount of the contract, the term of the contract, and the | ||
exception to this Code utilized. A copy of any or all of | ||
these contracts shall be made available to the Chief | ||
Procurement Officer immediately upon request. The Chief | ||
Procurement Officer shall submit a report to the Governor | ||
and General Assembly no later than November 1 of each year | ||
that includes, at a minimum, an annual summary of the | ||
monthly information reported to the Chief Procurement | ||
Officer. This exemption becomes inoperative 5 years after | ||
June 25, 2019 (the effective date of Public Act 101-27). | ||
(19) Acquisition of modifications or adjustments, | ||
limited to assistive technology devices and assistive | ||
technology services, adaptive equipment, repairs, and | ||
replacement parts to provide reasonable accommodations (i) | ||
that enable a qualified applicant with a disability to | ||
complete the job application process and be considered for | ||
the position such qualified applicant desires, (ii) that |
modify or adjust the work environment to enable a | ||
qualified current employee with a disability to perform | ||
the essential functions of the position held by that | ||
employee, (iii) to enable a qualified current employee | ||
with a disability to enjoy equal benefits and privileges | ||
of employment as are enjoyed by other similarly situated | ||
employees without disabilities, and (iv) that allow a | ||
customer, client, claimant, or member of the public | ||
seeking State services full use and enjoyment of and | ||
access to its programs, services, or benefits. | ||
For purposes of this paragraph (19): | ||
"Assistive technology devices" means any item, piece | ||
of equipment, or product system, whether acquired | ||
commercially off the shelf, modified, or customized, that | ||
is used to increase, maintain, or improve functional | ||
capabilities of individuals with disabilities. | ||
"Assistive technology services" means any service that | ||
directly assists an individual with a disability in | ||
selection, acquisition, or use of an assistive technology | ||
device. | ||
"Qualified" has the same meaning and use as provided | ||
under the federal Americans with Disabilities Act when | ||
describing an individual with a disability. | ||
(20) Procurement expenditures necessary for the
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Illinois Commerce Commission to hire third-party
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facilitators pursuant to Sections 16-105.17 and
16-108.18 |
of the Public Utilities Act or an ombudsman pursuant to | ||
Section 16-107.5 of the Public Utilities Act, a | ||
facilitator pursuant to Section 16-105.17 of the Public | ||
Utilities Act, or a grid auditor pursuant to Section | ||
16-105.10 of the Public Utilities Act. | ||
(21) Procurement expenditures for the purchase, | ||
renewal, and expansion of software, software licenses, or | ||
software maintenance agreements that support the efforts | ||
of the Illinois State Police to enforce, regulate, and | ||
administer the Firearm Owners Identification Card Act, the | ||
Firearm Concealed Carry Act, the Firearms Restraining | ||
Order Act, the Firearm Dealer License Certification Act, | ||
the Law Enforcement Agencies Data System (LEADS), the | ||
Uniform Crime Reporting Act, the Criminal Identification | ||
Act, the Uniform Conviction Information Act, and the Gun | ||
Trafficking Information Act, or establish or maintain | ||
record management systems necessary to conduct human | ||
trafficking investigations or gun trafficking or other | ||
stolen firearm investigations. This paragraph (21) applies | ||
to contracts entered into on or after the effective date | ||
of this amendatory Act of the 102nd General Assembly and | ||
the renewal of contracts that are in effect on the | ||
effective date of this amendatory Act of the 102nd General | ||
Assembly. | ||
(22) Procurements necessary for the Department of | ||
Insurance to implement the Illinois Health Benefits |
Exchange Law if the Department of Insurance has made a | ||
good faith determination that it is necessary and | ||
appropriate for the expenditure to fall within this | ||
exemption. The procurement process shall be conducted in a | ||
manner substantially in accordance with the requirements | ||
of Sections 20-160 and 25-60 and Article 50 of this Code. A | ||
copy of these contracts shall be made available to the | ||
Chief Procurement Officer immediately upon request. This | ||
paragraph is inoperative 5 years after the effective date | ||
of this amendatory Act of the 103rd General Assembly. | ||
Notwithstanding any other provision of law, for contracts | ||
with an annual value of more than $100,000 entered into on or | ||
after October 1, 2017 under an exemption provided in any | ||
paragraph of this subsection (b), except paragraph (1), (2), | ||
or (5), each State agency shall post to the appropriate | ||
procurement bulletin the name of the contractor, a description | ||
of the supply or service provided, the total amount of the | ||
contract, the term of the contract, and the exception to the | ||
Code utilized. The chief procurement officer shall submit a | ||
report to the Governor and General Assembly no later than | ||
November 1 of each year that shall include, at a minimum, an | ||
annual summary of the monthly information reported to the | ||
chief procurement officer. | ||
(c) This Code does not apply to the electric power | ||
procurement process provided for under Section 1-75 of the | ||
Illinois Power Agency Act and Section 16-111.5 of the Public |
Utilities Act. | ||
(d) Except for Section 20-160 and Article 50 of this Code, | ||
and as expressly required by Section 9.1 of the Illinois | ||
Lottery Law, the provisions of this Code do not apply to the | ||
procurement process provided for under Section 9.1 of the | ||
Illinois Lottery Law. | ||
(e) This Code does not apply to the process used by the | ||
Capital Development Board to retain a person or entity to | ||
assist the Capital Development Board with its duties related | ||
to the determination of costs of a clean coal SNG brownfield | ||
facility, as defined by Section 1-10 of the Illinois Power | ||
Agency Act, as required in subsection (h-3) of Section 9-220 | ||
of the Public Utilities Act, including calculating the range | ||
of capital costs, the range of operating and maintenance | ||
costs, or the sequestration costs or monitoring the | ||
construction of clean coal SNG brownfield facility for the | ||
full duration of construction. | ||
(f) (Blank). | ||
(g) (Blank). | ||
(h) This Code does not apply to the process to procure or | ||
contracts entered into in accordance with Sections 11-5.2 and | ||
11-5.3 of the Illinois Public Aid Code. | ||
(i) Each chief procurement officer may access records | ||
necessary to review whether a contract, purchase, or other | ||
expenditure is or is not subject to the provisions of this | ||
Code, unless such records would be subject to attorney-client |
privilege. | ||
(j) This Code does not apply to the process used by the | ||
Capital Development Board to retain an artist or work or works | ||
of art as required in Section 14 of the Capital Development | ||
Board Act. | ||
(k) This Code does not apply to the process to procure | ||
contracts, or contracts entered into, by the State Board of | ||
Elections or the State Electoral Board for hearing officers | ||
appointed pursuant to the Election Code. | ||
(l) This Code does not apply to the processes used by the | ||
Illinois Student Assistance Commission to procure supplies and | ||
services paid for from the private funds of the Illinois | ||
Prepaid Tuition Fund. As used in this subsection (l), "private | ||
funds" means funds derived from deposits paid into the | ||
Illinois Prepaid Tuition Trust Fund and the earnings thereon. | ||
(m) This Code shall apply regardless of the source of | ||
funds with which contracts are paid, including federal | ||
assistance moneys. Except as specifically provided in this | ||
Code, this Code shall not apply to procurement expenditures | ||
necessary for the Department of Public Health to conduct the | ||
Healthy Illinois Survey in accordance with Section 2310-431 of | ||
the Department of Public Health Powers and Duties Law of the | ||
Civil Administrative Code of Illinois. | ||
(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; | ||
101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff | ||
1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, |
eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; | ||
102-1116, eff. 1-10-23.)
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Section 20. The Illinois Health Benefits Exchange Law is | ||
amended by changing Section 5-5 and by adding Sections 5-21, | ||
5-22, 5-23, and 5-24 as follows: | ||
(215 ILCS 122/5-5)
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Sec. 5-5. State health benefits exchange. It is declared | ||
that this State, beginning October 1, 2013, in accordance with | ||
Section 1311 of the federal Patient Protection and Affordable | ||
Care Act, shall establish a State health benefits exchange to | ||
be known as the Illinois Health Benefits Exchange in order to | ||
help individuals and small employers with no more than 50 | ||
employees shop for, select, and enroll in qualified, | ||
affordable private health plans that fit their needs at | ||
competitive prices. The Exchange shall separate coverage pools | ||
for individuals and small employers and shall supplement and | ||
not supplant any existing private health insurance market for | ||
individuals and small employers. The Department of Insurance | ||
shall operate the Illinois Health Benefits Exchange as a | ||
State-based exchange using the federal platform by plan year | ||
2025 and as a State-based exchange by plan year 2026. The | ||
Director of Insurance may require that all plans in the | ||
individual and small group markets, other than grandfathered | ||
health plans, be made available for comparison on the Illinois |
Health Benefits Exchange, but may not require that all plans | ||
in the individual and small group markets be purchased | ||
exclusively on the Illinois Health Benefits Exchange. Through | ||
the adoption of rules, the Director of Insurance may require | ||
that plans offered on the exchange conform with standardized | ||
plan designs that provide for standardized cost sharing for | ||
covered health services. Except when it is inconsistent with | ||
State law, the Department of Insurance shall enforce the | ||
coverage requirements under the federal Patient Protection and | ||
Affordable Care Act, including the coverage of all United | ||
States Preventive Services Task Force Grade A and B preventive | ||
services without cost sharing notwithstanding any federal | ||
overturning or repeal of 42 U.S.C. 300gg-13(a)(1), that apply | ||
to the individual and small group markets. The Director of | ||
Insurance may elect to add a small business health options | ||
program to the Illinois Health Benefits Exchange to help small | ||
employers enroll their employees in qualified health plans in | ||
the small group market. The General Assembly shall appropriate | ||
funds to establish the Illinois Health Benefits Exchange.
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(Source: P.A. 97-142, eff. 7-14-11.) | ||
(215 ILCS 122/5-21 new) | ||
Sec. 5-21. Monthly assessments. | ||
(a) The Director of Insurance may apply a monthly | ||
assessment to each health benefits plan sold on the Illinois | ||
Health Benefits Exchange. The assessment shall be paid by the |
issuer and to the Department of Insurance and shall be used | ||
only for the purpose of supporting the exchange through | ||
exchange operations, outreach, and enrollment, including any | ||
efforts that may result in a benefit to policyholders. The | ||
assessment may be applied at a rate of: | ||
(1) 0.5% of the total monthly premium charged by an | ||
issuer for each health benefits plan during any period | ||
that the State is on a State-based exchange using the | ||
federal platform; or | ||
(2) 2.75% of the total monthly premium charged by an | ||
issuer for each health benefits plan during any period | ||
that the State is on the State-based exchange. The | ||
Director of Insurance shall adjust this rate to ensure | ||
that the Illinois Health Benefits Exchange is fully | ||
funded, but in no case shall the assessment be applied at a | ||
rate that exceeds 3.5% of the total monthly premium | ||
charged by a carrier. If the Director determines it is | ||
necessary to adjust the rate pursuant to this paragraph, | ||
the Director shall, in advance of the adjustment, post on | ||
the Department's website a report describing the reasons | ||
and justifications for the adjustment, which shall be | ||
consistent with the purposes of supporting the Illinois | ||
Health Benefits Exchange as provided in this Section, at | ||
least 120 days before the implementation of the rate | ||
adjustment. | ||
(b) The Director of Insurance shall notify an issuer 120 |
days before the implementation of its assessment rate for the | ||
subsequent year. Issuers must remit the assessment due in | ||
monthly installments to the Department of Insurance. | ||
(c) The assessment described in this Section shall be | ||
considered a special purpose obligation and may not be applied | ||
by issuers to vary premium rates at the plan level. | ||
(d) There is created a special fund within the State | ||
treasury to be known as the Illinois Health Benefits Exchange | ||
Fund. The Illinois Health Benefits Exchange Fund shall be the | ||
repository for moneys collected pursuant to fees or | ||
assessments on exchange issuers, federal financial | ||
participation as appropriate, and other moneys received as | ||
grants or otherwise appropriated for the purposes of | ||
supporting health insurance outreach, enrollment efforts, and | ||
plan management operations through an exchange. All moneys in | ||
the Fund shall be used, subject to appropriation, only for the | ||
purpose of supporting the exchange through exchange | ||
operations, outreach, enrollment, and other means of | ||
supporting the exchange, including any efforts that may result | ||
in a benefit to policyholders. | ||
(215 ILCS 122/5-22 new) | ||
Sec. 5-22. State medical assistance program coordination. | ||
(a) The Department of Insurance and the Department of | ||
Healthcare and Family Services shall coordinate the operations | ||
of the exchange with the operations of State medical |
assistance programs. The Department of Healthcare and Family | ||
Services shall oversee and operate the exchange eligibility | ||
rules engine to ensure accurate assessments and determinations | ||
of exchange and State medical assistance program eligibility. | ||
(b) The exchange may determine eligibility for State | ||
medical assistance programs that use the modified adjusted | ||
gross income methodology. | ||
(c) The exchange may be used for enrollment into State | ||
medical assistance program health plans. | ||
(d) The Department of Healthcare and Family Services shall | ||
request federal financial participation funds from the Centers | ||
for Medicare and Medicaid Services for any integrated | ||
eligibility and enrollment functions of the exchange. | ||
(215 ILCS 122/5-23 new) | ||
Sec. 5-23. Department of Insurance and Department of | ||
Healthcare and Family Services authority. | ||
(a) The Department of Insurance and the Department of | ||
Healthcare and Family Services, in addition to the powers | ||
granted under the Illinois Insurance Code and the Illinois | ||
Public Aid Code, have the power necessary to establish and | ||
operate the Illinois Health Benefits Exchange, including, but | ||
not limited to, the authority to: | ||
(1) adopt rules deemed necessary by the departments to | ||
implement this Law; | ||
(2) employ or retain sufficient personnel to provide |
administration, staffing, and necessary related support | ||
required to adequately discharge the duties described in | ||
this Law from funds held in the Illinois Health Benefits | ||
Exchange Fund; | ||
(3) procure services, including a call center, and | ||
goods for the purpose of establishing the Illinois Health | ||
Benefits Exchange, including, but not limited to, | ||
procurements in conformance with paragraph (22) of | ||
subsection (b) of Section 1-10 of the Illinois Procurement | ||
Code; and | ||
(4) require any exchange vendor to have experience | ||
operating a State-based exchange in another state. | ||
(b) The Department of Insurance has the authority to | ||
employ a Marketplace Director of the Illinois Health Benefits | ||
Exchange. | ||
(215 ILCS 122/5-24 new) | ||
Sec. 5-24. Illinois Health Benefits Exchange Advisory | ||
Committee. | ||
(a) The Director of Insurance shall establish the Illinois | ||
Health Benefits Exchange Advisory Committee no later than | ||
December 31, 2023. The Illinois Health Benefits Exchange | ||
Advisory Committee shall be tasked with making recommendations | ||
to the Marketplace Director of the Illinois Health Benefits | ||
Exchange concerning the operation of the exchange, and the | ||
Committee shall hold its first meeting no later than 90 days |
following the establishment of the Committee and shall meet | ||
quarterly thereafter. The Marketplace Director shall make a | ||
quarterly report to the Committee. | ||
(b) The Department of Insurance shall present regular and | ||
timely reports to the Illinois Health Benefits Exchange | ||
Advisory Committee regarding the progress in the development | ||
and ongoing operations of the Illinois Health Benefits | ||
Exchange before its establishment by plan year 2026. The | ||
reports shall be posted to the Department of Insurance's | ||
website and include information on the Department of | ||
Insurance's progress toward establishing and maintaining the | ||
Illinois Health Benefits Exchange with the goal of ensuring an | ||
effective and efficient transition from the federal platform | ||
to the State-based exchange for individuals, employers, and | ||
health insurance issuers while mitigating loss of health | ||
insurance coverage for any potential consumer. The Department | ||
of Insurance's progress reports shall provide information | ||
including, but not limited to, transparency, user | ||
understandability, plan compliance, outreach and education, | ||
systems operations, and annual fiscal projections. The | ||
Department of Insurance shall gather stakeholder input in | ||
developing operational plans and preparing the reports for the | ||
Illinois Health Benefits Exchange Advisory Committee. | ||
(c) The Illinois Health Benefits Exchange Advisory | ||
Committee shall include the following members: | ||
(1) The Director of Insurance, or the Director's |
designee, who shall serve ex officio and as co-chair; | ||
(2) The Director of Healthcare and Family Services, or | ||
the Director's designee, who shall serve ex officio and as | ||
co-chair; | ||
(3) The Secretary of Human Services, or the | ||
Secretary's designee, who shall serve ex officio; and | ||
(4) 10 public members, who shall be residents of this | ||
State, appointed by the Governor with the advice and | ||
consent of the Senate. The Governor may make temporary | ||
appointments until the next meeting of the Senate. The | ||
Governor shall consider the diversity of this State in the | ||
selection of the committee members. The public members | ||
shall include: | ||
(A) one representative of a statewide organization | ||
representing a majority of Illinois hospitals; | ||
(B) one representative of a statewide insurance | ||
producer professional trade association whose | ||
membership is primarily composed of individuals | ||
licensed under the Illinois Insurance Code; | ||
(C) 2 representatives of a health insurance | ||
consumer advocacy group; | ||
(D) one representative with expertise in | ||
enrollment and consumer assistance; | ||
(E) 2 representatives of health insurance issuers | ||
or issuer trade associations, at least one of which | ||
represents a State-domiciled mutual health insurance |
company, with a demonstrated expertise in the business | ||
of health insurance or health benefits administration; | ||
(F) one representative of a statewide association | ||
representing small business owners; | ||
(G) one representative of a statewide organization | ||
representing physicians; and | ||
(H) one academic or research professional with | ||
expertise in health insurance. | ||
(d) Members of the Illinois Health Benefits Exchange | ||
Advisory Committee shall serve for a term of 2 years, shall | ||
serve without compensation, and shall not be entitled to | ||
reimbursement. The Department of Insurance shall provide | ||
administrative support to the Illinois Health Benefits | ||
Exchange Advisory Committee. | ||
(e) The Committee's quarterly meetings shall be open to | ||
the public and subject to the Open Meetings Act.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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