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91_HB3321
LRB9109465JSpc
1 AN ACT to create the Health Care Provider Joint
2 Negotiation Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Health Care Provider Joint Negotiation Act.
7 Section 5. General Definitions. The following words and
8 phrases, when used in this Act, shall have the meanings given
9 to them in this Section unless the context clearly indicates
10 otherwise:
11 "Attorney General" means the Attorney General of the
12 State of Illinois.
13 "Covered lives" means the total number of individuals who
14 are entitled to benefits under a health care insurance plan,
15 including, but not limited to, beneficiaries, subscribers,
16 and members of the plan.
17 "Department" means the Department of Insurance.
18 "Health care insurer" means an insurance company or a
19 health service corporation authorized in this State to issue
20 policies or subscriber contracts, which reimburse for
21 expenses of health care services. For purposes of this Act,
22 a third party administrator shall be considered a health care
23 insurer when interacting with health care providers and
24 enrollees on behalf of a health care insurer.
25 "Health care insurer affiliate" means a health care
26 insurer that is affiliated with another entity by either the
27 insurer or entity having a 5% or greater, direct or indirect,
28 ownership or investment interest in the other through equity,
29 debt, or other means.
30 "Health care provider" means any physician, hospital
31 facility, or other person that is licensed or otherwise
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1 authorized to furnish health care services and also includes
2 any other entity that arranges for the delivery or furnishing
3 of health care service.
4 "Health care services" means health care services or
5 products rendered or sold by a provider within the scope of
6 the provider's license or legal authorization. The term
7 includes, but is not limited to, hospital, medical, surgical,
8 dental, vision, and pharmaceutical services or products.
9 "Health maintenance organization" (HMO) means any
10 organization formed under the laws of this or another state
11 to provide or arrange for one or more health care plans under
12 a system which causes any part of the risk of health care
13 deliver to be borne by the organization or its providers.
14 "Joint negotiation" means negotiation with a health care
15 insurer by 2 or more independent health care providers acting
16 together as part of a formal entity or group or otherwise.
17 "Joint negotiation representative" means a third party
18 who is authorized by a group of independent health care
19 providers to negotiate on their behalf with health benefit
20 plans over contractual terms and conditions affecting them.
21 "Point-of-service product" (POS) means a group contract
22 that includes both in-plan covered services and out-of-plan
23 covered services as well as a POS contract in which the risk
24 for out-of-plan covered services is borne through
25 reinsurance.
26 "Preferred provider organization" (PPO) includes any
27 health care insurer product, other than an HMO or POS
28 product, that provides financial incentives for enrollees to
29 use health care providers in a designated provider network
30 for covered services.
31 "Provider contract" means an agreement between a health
32 care provider and a health care insurer that sets forth the
33 terms and conditions under which the provider is to deliver
34 health care services to enrollees of the insurer. The term
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1 does not include employment contracts between a health care
2 insurer and a health care professional.
3 "Provider network" means a group of health care providers
4 who have provider contracts with a health care insurer.
5 "Self-funded health benefit plan" means a plan that
6 provides for the assumption of the cost of or spreading the
7 risk of loss resulting from health care services of covered
8 lives by an employer, union, or other sponsor substantially
9 out of the current revenues, assets, or any other funds of
10 the sponsor.
11 "Third party administrator" means any person who on
12 behalf of a plan sponsor or insurer receives or collects
13 charges, contributions, or premiums for, or adjusts or
14 settles claims on residents of this State in connection with
15 any type of life or accident or health benefit provided
16 through or as an alternative to insurance within the scope of
17 Class 1(a), 1(b), or 2(a) of Section 4 of the Illinois
18 Insurance Code, other than any of the following:
19 (1) a corporation, association, trust, or
20 partnership which is administering a plan (i) on behalf
21 of the employees of the corporation, association, trust,
22 or partnership or (ii) for the employees of one or more
23 subsidiaries or affiliated corporations or affiliated
24 associations, trusts, or partnerships;
25 (2) a union administering a plan for its members;
26 (3) a plan sponsor administering its own plan;
27 (4) an insurer to the extent regulated under the
28 Illinois Insurance Code;
29 (5) a producer licensed in this State whose
30 insurance activities are limited to the scope of the
31 license;
32 (6) a trust and its trustees and employees acting
33 pursuant to its trust agreement established in conformity
34 with 29 U.S.C. 186;
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1 (7) a person who adjusts or settles claims in the
2 normal course of the person's practice or employment as
3 an attorney-at-law, and who does not collect
4 contributions or premiums in connection with life or
5 accident or health coverage;
6 (8) a person who administers only self-insured
7 workers' compensation plans or single employer
8 self-insured life or accident or health benefit plans;
9 (9) a credit card issuing company that advances for
10 and collects premiums or charges from its credit card
11 holders who have authorized the collection, if the
12 company does not adjust or settle claims;
13 (10) a creditor on behalf of its debtors with
14 respect to insurance covering a debt between the creditor
15 and its debtors.
16 Section 10. Legislative intent.
17 The General Assembly hereby finds and declares as
18 follows:
19 Active, robust, and fully competitive markets for health
20 care services provide the best opportunity for residents of
21 this State to receive high-quality health care services at an
22 appropriate cost.
23 A substantial amount of health care services in this
24 State is purchased for the benefit of patients by health care
25 insurers engaged in the provision of health care financing
26 services or is otherwise delivered subject to the terms of
27 agreements between health care insurers and providers of the
28 services.
29 Health care insurers are able to control the flow of
30 patients to providers of health care services through
31 compelling financial incentives for patients in their plans
32 to utilize only the services of providers with whom the
33 insurers have contracted.
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1 Health care insurers also control the health care
2 services rendered to patients through utilization review
3 programs and other managed care tools and associated coverage
4 and payment policies.
5 The power of health care insurers in markets of this
6 State for health care services has become great enough to
7 create a competitive imbalance, reduce levels of competition,
8 and threaten the availability of high-quality, cost-effective
9 health care.
10 In many areas of this State, the health care financing
11 market is dominated by a few health care insurers, with some
12 insurers controlling over 50% of the market.
13 Health care insurers often are able to virtually dictate
14 the terms of the provider contracts that they offer
15 physicians and other health care providers and commonly offer
16 provider contracts on a take-it-of-leave-it basis.
17 The power of health care insurers to unilaterally impose
18 provider contract terms jeopardizes the ability of physicians
19 and other health care providers to deliver the superior
20 quality health care services that have been traditionally
21 available in this State.
22 Physicians and other health care providers do not have
23 sufficient market power to reject unfair provider contract
24 terms that impede their ability to deliver medically
25 appropriate care without undue delay or hassle.
26 Inequitable reimbursement and other unfair payment terms
27 adversely affect quality patient care and access by reducing
28 the resources that health care providers can devote to
29 patient care and decreasing the time that physicians are able
30 to spend with their patients.
31 Inequitable reimbursement and other unfair payment terms
32 also endanger the health care infrastructure and medical
33 advancement by diverting capital needed for reinvestment in
34 the health care delivery system, curtailing the purchase of
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1 state-of-the-art technology, the pursuit of medical research,
2 and the expansion of medical services, all to the detriment
3 of the residents of this State.
4 The inevitable collateral reduction and migration of the
5 health care work force also will have negative consequences
6 for this State's economy.
7 Empowering independent health care providers to jointly
8 negotiate with health care insurers as provided in this Act
9 will help restore the competitive balance and improve
10 competition in the markets for health care services in this
11 State, thereby providing benefits for consumers, health care
12 providers, and less dominant health care insurers.
13 Allowing independent health care providers to jointly
14 negotiate with health care insurers through a common joint
15 negotiation representative will improve the efficiency and
16 effectiveness of communications between the parties and
17 result in provider contracts that better reflect the mutual
18 areas of agreement.
19 This Act is necessary and proper and constitutes an
20 appropriate exercise of the authority of this State to
21 regulate the business of insurance and the delivery of health
22 care services.
23 The pro-competitive and other benefits of the joint
24 negotiations and related joint activity authorized by this
25 Act including, but not limited to, restoring the competitive
26 balance in the market for health care services, protecting
27 access to quality patient care, promoting the health care
28 infrastructure and medical advancement, and improving
29 communications outweigh any anti-competitive effects.
30 It is the intention of the General Assembly to authorize
31 independent health care providers to jointly negotiate with
32 health care insurers and to qualify those joint negotiations
33 and related joint activities for the State-action exemption
34 to the federal antitrust laws through the articulated State
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1 policy and active supervision provided in this Act.
2 Section 15. Negotiations regarding non-fee related
3 terms. Independent health care providers may jointly
4 negotiate with a health care insurer and engage in related
5 joint activity, as provided in Sections 30 and 35, regarding
6 non-fee-related matters which can affect patient care
7 including, but not limited to, any of the following:
8 (1) The definition of medical necessity and other
9 conditions of coverage.
10 (2) Utilization review criteria and procedures.
11 (3) Clinical practice guidelines.
12 (4) Preventive care and other medical management
13 policies.
14 (5) Patient referral standards and procedures
15 including, but not limited to, those applicable to
16 out-of-network referrals.
17 (6) Drug formularies and standards and procedures
18 for prescribing off-formulary drugs.
19 (7) Quality assurance programs.
20 (8) Respective health care provider and health care
21 insurer liability for the treatment or lack of treatment
22 of plan enrollees.
23 (9) The methods and timing of payments including,
24 but not limited to, interest and penalties for late
25 payments.
26 (10) Other administrative procedures including, but
27 not limited to, enrollee eligibility verification systems
28 and claim documentation requirements.
29 (11) Credentialing standards and procedures for the
30 selection, retention, and termination of participating
31 health care providers.
32 (12) Mechanisms for resolving disputes between the
33 health care insurer and health care providers including,
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1 but not limited to, the appeals process for utilization
2 review and credentialing determination.
3 (13) The health insurance plans sold or
4 administered by the insurer in which the health care
5 providers are required to participate.
6 Section 20. Negotiation regarding fees and fee-related
7 terms. When a health care insurer has substantial market
8 power over independent health care providers, the providers
9 may jointly negotiate with the health care insurer and engage
10 in related joint activity, as provided in Sections 30 and 35
11 regarding fees and fee-related matters including, but not
12 limited to, any of the following:
13 (1) The amount of payment or the methodology for
14 determining the payment for a health care service.
15 (2) The conversion factor for a resource-based
16 relative value scale or similar reimbursement methodology
17 for health care services.
18 (3) The amount of any discount on the price of a
19 health care service.
20 (4) The procedure code or other description of the
21 health care service or services covered by a payment.
22 (5) The amount of a bonus related to the provision
23 of health care services or a withhold from the payment
24 due for a health care service.
25 (6) The amount of any other component of the
26 reimbursement methodology for a health care service.
27 Section 25. Substantial market power.
28 (a) Standard. A health care insurer has substantial
29 market power over health care providers when:
30 (1) the insurer's market share in the comprehensive
31 health care financing market or a relevant segment of
32 that market, alone or in combination with the market
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1 shares of affiliates, exceeds either 15% of the covered
2 lives in the geographic service area of the providers
3 seeking to jointly negotiate or 25,000 covered lives; or
4 (2) the Attorney General determines that the market
5 power of the insurer in the relevant product and
6 geographic markets for the services of the providers
7 seeking to jointly negotiate significantly exceeds the
8 countervailing market power of the providers acting
9 individually.
10 (b) Comprehensive health care financing market. The
11 comprehensive health care financing market includes all of
12 the following:
13 (1) All health care insurer products which provide
14 comprehensive coverage, alone or in combination with
15 other products sold together as a package, including, but
16 not limited to, indemnity, HMO, PPO and POS products and
17 packages.
18 (2) Self-funded health benefit plans which provide
19 comprehensive coverage.
20 (c) Relevant market segments. Relevant market segments
21 in the comprehensive health care financing market includes
22 all of the following:
23 (1) Health care insurer products and self-funded
24 health benefit plans.
25 (2) Within the health care insurer product
26 category, private health insurance, PPO, and POS.
27 (3) Within the private health insurance category,
28 indemnity, HMO, PPO, and POS products.
29 (4) Such other segments as the Attorney General
30 determines are appropriate for purposes of determining
31 whether a health care insurer has substantial market
32 power.
33 (d) Annual calculation by Department of Insurance.
34 (1) By March 31 of each year, the Department shall
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1 calculate the number of covered lives of each health care
2 insurer and its affiliates in the comprehensive health
3 care financing market and in each relevant market segment
4 for each county of the State. The Department shall make
5 these calculations by averaging quarterly data from the
6 preceding year unless it has been determined that it
7 would be more appropriate to use other data and
8 information. The Department may recalculate covered lives
9 determinations earlier than the required annual
10 recalculation when the Department deems it appropriate.
11 (2) When calculating the market power of a health
12 care insurer or affiliate that has third party
13 administration products, the covered lives of the health
14 care insurers and self-funded health benefit plans for
15 whom the insurer or affiliate provides administrative
16 services shall be treated as the covered lives of the
17 insurer or affiliate.
18 (3) The Department's covered lives calculations
19 shall be used for purposes of determining the market
20 power of health care insurers in the comprehensive health
21 care financing market from the date of the determination
22 until the next annual determination or until the
23 Department recalculates the determination, whichever is
24 earlier.
25 (4) In cases in which the relevant geographic
26 market is multiple counties, the Department's
27 calculations for those counties shall be aggregated when
28 counting the covered lives of the health care insurer
29 whose market power is being evaluated.
30 (5) The Department shall collect and investigate
31 information necessary to calculate the covered lives of
32 health care insurers and their affiliates.
33 Section 30. Conduct of negotiations. The following
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1 requirements shall apply to the exercise of joint negotiation
2 rights and related activity under this Act:
3 (1) Health care providers shall select the members
4 of their joint negotiation group by mutual agreement.
5 (2) Health care providers shall designate a joint
6 negotiation representative as the sole party authorized
7 to negotiate with the health care insurer on behalf of
8 the health care providers as a group.
9 (3) Health care providers may communicate with each
10 other and their joint negotiation representative with
11 respect to the matters to be negotiated with the health
12 care insurer.
13 (4) Health care providers may agree upon a proposal
14 to be presented by their joint negotiation representative
15 to the health care insurer.
16 (5) Health care providers may agree to be bound by
17 the terms and conditions negotiated by their joint
18 negotiation representative.
19 (6) The health care providers' joint negotiation
20 representative may provide the health care providers with
21 the results of negotiations with the health care insurer
22 and an evaluation of any offer made by the health care
23 insurer.
24 (7) The health care providers' joint negotiation
25 representative may reject a contract proposal by a health
26 care insurer on behalf of the health care providers as
27 long as the health care providers remain free to
28 individually contract with the health care insurer.
29 (8) The health care providers' joint negotiation
30 representative shall advise the health care providers of
31 the provisions of this Act and shall inform the health
32 care providers of the potential for legal action against
33 health care providers who violate the Federal antitrust
34 laws.
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1 (9) Health care providers may not negotiate the
2 inclusion or alteration of terms and conditions to the
3 extent the terms or conditions are required or prohibited
4 by government regulation. This item shall not be
5 construed to limit the right of health care providers to
6 jointly petition government for a change in the
7 regulation.
8 Section 35. Attorney General oversight.
9 (a) Petition for approval of joint negotiations. Before
10 engaging in any joint negotiation with a health care insurer,
11 health care providers shall obtain the Attorney General's
12 approval to proceed with the negotiations. The petition
13 seeking approval shall include all of the following:
14 (1) The name and business address of the health
15 care providers' joint negotiation representative.
16 (2) The names and business addresses of the health
17 care providers petitioning to jointly negotiate.
18 (3) The name and business address of the health
19 care insurer or insurers with which the petitioning
20 providers seek to jointly negotiate.
21 (4) The proposed subject matter of the negotiations
22 or discussions with the health care insurer or insurers.
23 (5) The proportionate relationship of the health
24 care providers to the total population of health care
25 providers in the relevant geographic service area of the
26 providers by providers by provider type and specialty.
27 (6) In the case of a petition seeking approval of
28 joint negotiations regarding one or more fee or
29 fee-related terms, a statement of the reasons why the
30 health care insurer has substantial market power over the
31 health care providers. The attorney general shall make
32 the determination of what constitutes substantial market
33 power.
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1 (7) A statement of the pro-competitive and other
2 benefits of the proposed negotiations.
3 (8) The health care provider's joint negotiation
4 representative's plan of operation and procedures to
5 ensure compliance with this Act.
6 (9) Any other data, information, and documents that
7 the petitioners desire to submit in support of their
8 petition.
9 (b) Petition for approval of modification of joint
10 negotiations. The health care providers shall supplement a
11 petition under subsection (a) or (b) of this Section as new
12 information becomes available that indicates that the subject
13 matter of the proposed negotiations with the health care
14 insurer has or will materially change and must obtain the
15 Attorney General's approval of material changes. The petition
16 seeking approval shall include all of the following:
17 (1) The Attorney General's file reference for the
18 original petition for approval of joint negotiations.
19 (2) The proposed new subject matter.
20 (3) The information required by items (6) and (7)
21 of subsection (a) with respect to the proposed new
22 subject matter.
23 (4) Any other data, information, and documents that
24 the health care providers or health care insurer desires
25 to submit in support of their petition.
26 (c) Petition for approval of provider contract terms.
27 No provider contract terms negotiated under this Act shall be
28 effective until the terms are approved by the Attorney
29 General. The petition seeking approval shall be jointly
30 submitted by the health care providers and the health care
31 insurer who are parties to the contract. The petition shall
32 include all of the following:
33 (1) The Attorney General's file reference for the
34 original petition for approval of joint negotiations.
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1 (2) The negotiated provider contract terms.
2 (3) A statement of the pro-competitive and other
3 benefits of the negotiated provider contract terms.
4 (4) Any other data, information, and documents that
5 the health care providers or health care insurer desires
6 to submit in support of their petition.
7 (d) Resumption of negotiations. Joint negotiations
8 approved under this Act may continue until the health care
9 insurer notifies the joint negotiation representative for the
10 health care providers that it declines to negotiate or is
11 terminating negotiations. If the health care insurer notifies
12 the joint negotiation representative for health care
13 providers that it desires to resume negotiations within 60
14 days after the end of negotiations, the health care providers
15 may renew the previously approved negotiations without
16 obtaining a separate approval of the renewal from the
17 Attorney General.
18 Section 40. Attorney General determinations.
19 (a) Time period for review. The Attorney General shall
20 either approve or disapprove a petition under Section 35
21 within 30 days after the filing. If disapproved, the Attorney
22 General shall furnish a written explanation of any
23 deficiencies along with a statement of specific remedial
24 measures as to how the deficiencies may be corrected.
25 (b) Standards for reviewing petitions.
26 (1) The Attorney General shall approve a petition
27 under subsections (a) and (b) of Section 30 if:
28 (A) the pro-competitive and other benefits of
29 the joint negotiations outweigh any anti-competitive
30 effects; and
31 (B) in the case of a petition seeking approval
32 to jointly negotiate one or more fee or fee-related
33 terms, the health care insurer has substantial
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1 market power over the health care providers.
2 (2) The Attorney General shall approve a petition
3 under subsection (c) of Section 35 if:
4 (A) the pro-competitive and other benefits of
5 the contract terms outweigh any anti-competitive
6 effects; and
7 (B) the contract terms are consistent with
8 other applicable laws and regulations.
9 (3) The pro-competitive and other benefits of joint
10 negotiations or negotiated provider contract terms may
11 include, but shall not be limited to:
12 (A) restoration of the competitive balance in
13 the market for health care services;
14 (B) protections for access to quality patient
15 care;
16 (C) promotion of the health care
17 infrastructure and medical advancement; and
18 (D) improved communications between health
19 care providers and health care insurers.
20 (4) When weighing the anti-competitive effects of
21 provider contract terms, the Attorney General may
22 consider whether the terms:
23 (A) provide for excessive payments; or
24 (B) contribute to the escalation of the cost
25 of providing health care services.
26 (c) Supplemental information. For the purpose of enabling
27 the Attorney General to make the findings and determinations
28 required by this Section, the Attorney General may require
29 the submission of such supplemental information as he or she
30 may deem necessary or proper to reach a determination.
31 Section 45. Notice and comment.
32 (a) Notice to health insurer. In the case of a petition
33 under subsection (a) or (b) of Section 35, the Attorney
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1 General shall notify the health insurer of the petition and
2 provide the insurer with the opportunity to submit written
3 comments within a specified time frame that does not extend
4 beyond the date on which the Attorney General is required to
5 act on the petition.
6 (b) Public notice not required.
7 (1) Except as provided in subsection (a), the
8 Attorney General shall not be required to provide public
9 notice of a petition under subsection (a), (b), or (c) of
10 Section 35, to hold a public hearing on the petition, or
11 to otherwise accept public comment on the petition.
12 (2) The Attorney General may, at his or her
13 discretion, publish notice of a petition for approval of
14 provider contract terms in the Illinois Register and
15 receive written comment from interested persons, so long
16 as the opportunity for public comment does not prevent
17 the Attorney General from acting on the petition within
18 the time period set forth in this Act.
19 Section 50. Disapproval; Attorney General proceedings.
20 (a) Request for hearing. Within 30 days after the
21 mailing of a notice of disapproval of a petition under
22 Section 35, the petitioners may make a written application to
23 the Attorney General for a hearing.
24 (b) Hearing to be conducted. Upon receipt of a timely
25 written application for a hearing, the Attorney General shall
26 schedule and conduct a hearing as provided for in Article 10
27 of the Illinois Administrative Procedure Act. The hearing
28 shall be held within 30 days after the date the application
29 for hearing is filed unless the petitioner seeks an
30 extension.
31 (c) Mandamus action. If the Attorney General does not
32 issue a written approval or disapproval of a petition under
33 Section 35 within the required time period, the parties to
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1 the petition shall have the right to petition the circuit
2 court for a mandamus order requiring the Attorney General to
3 approve or disapprove the petition.
4 (d) Parties to proceedings. The sole parties with
5 respect to any petition under Section 35 shall be the
6 petitioners and the Attorney General. Notwithstanding any
7 otherwise applicable provision of Article 10 of the Illinois
8 Administrative Procedure Act, the Attorney General shall not
9 be required to treat any other person as a party and no other
10 person shall be entitled to appeal the Attorney General's
11 determination.
12 Section 55. Confidentiality and disclosure.
13 (a) General rule. All information, documents and copies
14 thereof obtained by or disclosed to the Attorney General or
15 any other person in a petition under Section 35 or pursuant
16 to a request for supplemental information under subsection
17 (c) of Section 40 shall be given confidential treatment,
18 shall not be subject to subpoena and shall not be made public
19 or otherwise disclosed by the Attorney General or any other
20 person without the written consent of the petitioners to whom
21 the information pertains, except as provided in subsection
22 (b).
23 (b) Exceptions.
24 (1) In the case of a petition under subsection (a)
25 or (b) of Section 35, the Attorney General may disclose
26 the information required to be submitted pursuant to
27 items (1) through (4) of subsection (a) of Section 35 and
28 items (1) and (2) of subsection (b) of Section 35.
29 (2) The Attorney General may disclose provider
30 contracts negotiated under this Act provided that the
31 Attorney General removes or redacts those provider
32 contract provisions that contain payment rates and fees.
33 The Attorney General may disclose payment rates and fees
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1 to the Department of Insurance, the insurance department
2 of another state, and a law enforcement official of this
3 State, any other state, or an agency of the Federal
4 Government, so long as the agency or office receiving the
5 information agrees in writing to hold it confidential and
6 in a manner consistent with this Act.
7 Section 60. Good faith negotiations. A health care
8 insurer shall negotiate in good faith with health care
9 providers regarding the terms of provider contracts.
10 Section 65. Construction. Nothing contained in this Act
11 shall be construed to:
12 (1) prohibit or restrict activities by health care
13 providers that is sanctioned under the Federal or State
14 laws;
15 (2) prohibit or require governmental approval of or
16 otherwise restrict activity by health care providers that
17 is not prohibited under the Federal antitrust laws;
18 (3) require approval of provider contracts terms to
19 the extent that the terms are exempt from State
20 regulation; or
21 (4) expand a health care provider's scope of
22 practice or to require a health care insurer to contract
23 with any type or specialty of health care providers.
24 Section 70. Exclusions. Nothing contained in this Act
25 shall authorize joint negotiations regarding health care
26 services covered under any of the following insurance
27 policies or coverage programs:
28 (1) Workers' compensation.
29 (2) Medical payment coverage issued as part of a
30 motor vehicle insurance policy.
31 (3) Medicare supplemental.
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1 (4) Civilian Health and Medial Program of the
2 Uniformed Services (CHAMPUS).
3 (5) Accidental death or dismemberment.
4 (6) Specified disease.
5 (7) Long-term care insurance.
6 (8) Disability insurance.
7 (9) Credit insurance.
8 (10) Wages or payments in lieu of wages for a
9 period during which an employee is absent from work
10 because of sickness or injury.
11 Section 75. Rules. The Attorney General and Department
12 of Insurance may promulgate such rules as are reasonably
13 necessary to implement the purposes of this Act.
14 Section 99. Effective date. This Act takes effect
15 January 1, 2001.