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Insurance Related Public Acts enacted in 2003
| Public Act 93-0102 (House Bill 211) |
Description: The law amends the State Employees Group Insurance Act, the Insurance Code, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act to require coverage for insureds and covered dependents of insureds for all outpatient contraceptive services and all outpatient contraceptive drugs and devices designed to prevent unintended pregnancies when coverage is provided for other outpatient services drugs and devices. The law excluded coverage for abortions as defined by the Illinois Abortion Law of 1975 and services related to permanent sterilization that require a surgical procedure. This law affects both individual and group policies. Effective Date: January 1, 2004 |
| Public Act 93-0034 (House Bill 707) (also see House Bill 3298) |
Description: This is a trailer law to House Bill 3298 / Public Act 93-0033. It amends the Comprehensive Health Insurance Plan Act. Makes changes to the definitions of "creditable coverage" and "federally eligible individual". Changes references from the federal Trade Adjustment Act of 2002 to the federal Trade Act of 2002. In the Section concerning alternative portable coverage for federally eligible individuals, adds certain persons who qualify to enroll in the Comprehensive Health Insurance Plan under the portability provisions, and provides that for these persons a period of creditable coverage shall be counted when the application for plan coverage was received by the Illinois Comprehensive Health Insurance Board. Effective Date: June 23, 2003 |
| Public Act 93-0261 (House Bill 1074) |
Description: Amends the Illinois Insurance Code. Provides that a health care professional or health care provider offered a contract by an insurer, health maintenance organization, independent practice association, or physician hospital organization for signature after the effective date of this amendatory Act shall be provided with a proposed health care professional or health care provider services contract. Provides that, within 35 days after a written request, the health care professional or health care provider offered a contract shall be given the opportunity to review and obtain a copy of the following: a specialty-specific fee schedule sample based on a minimum of the 50 highest volume fee schedule codes with the rates applicable to the health care professional or health care provider to whom the contract is offered, the network provider administration manual, and a summary capitation schedule, if payment is made on a capitation basis. Provides that information contained in the fee schedule, the capitation schedule, and the network provider administration manual constitutes confidential, proprietary, and trade secret information and is subject to the provisions of the Illinois Trade Secrets Act. Provides guidelines for providing remittance advices, including an explanation of a recoupment or offset taken by an insurer, health maintenance organization, independent practice association, or physician hospital organization, to health care professionals and health care providers. Provides that, when a person presents a benefits information card, a health care professional or health care provider shall make a good faith effort to inform the person if the health care professional or health care provider has a participation contract with the insurer, health maintenance organization, other entity identified on the card. Provides for administration and enforcement of these provisions. In provisions concerning registration of administrators of preferred provider organizations, provides that preferred provider administrators are subject to the new contract provisions of the Code. Amends the Health Maintenance Organization Act. Adds to the list of Sections of the Illinois Insurance Code to which Health Maintenance Organizations are subject. (This is the Illinois Medical Society's Fairness in Contracting Language) Effective Date: January 1, 2004 |
| Public Act 93-0155 (House Bill 1192) |
Description: Amends the Illinois Insurance Code. Provides that at the written request of the insured, an insurer shall provide the insured's loss information to the insured's insurance producer. Effective Date: July 10, 2003 |
| Public Act 93-0114 (House Bill 1640) (Related Bill: House Bill 3661) |
Description: House Bill 1640 repealed 215 ILCS 5/155.38 of the Illinois Insurance Code to create the Use of Credit Information in Personal Insurance Act. This legislation is applicable to private passenger automobile, homeowners, motorcycle, mobile-homeowners and non-commercial dwelling fire insurance policies, and boat, personal watercraft, snowmobile, and recreational vehicle policies.House Bill 1640 establishes the manner in which credit information may be used in the underwriting and rating of personal insurance. This legislation also provides for resolution of disputes over alleged errors in the credit information used by insurers. Finally, House Bill 1640 requires insurers to file credit scoring models with the Department of Insurance. House Bill 1640 is based on a model law adopted by the National Conference of Insurance Legislators (NCOIL). Effective Date: October 1, 2003 |
| Public Act 93-0333 (House Bill 2379) |
Description: House Bill 2379 amends the Illinois Insurance Code by adding a new section, 155.39, requiring the Director of Insurance and the Department of Insurance to obtain names of any slaveholders or slaves described in insurance records kept by the insurance company or any predecessor. Insurance companies are required to research their records and provide any information to the Department of Insurance relating to insurance policies issued to slaveholders that provided coverage for damage to or death of their slaves. The Department will make the names available to the public and General Assembly. Effective Date: January 1, 2004 |
| Public Act 93-0318 (House Bill 3209) |
Description: Public Act 93-0318 creates the Small Business Advisory Act. It requires State agencies to create and make available on the World Wide Web a small business advisory page. Also, requires agencies to post a plain language explanation of proposed and adopted rules and legislation that the agency is designated to administer that affect small businesses on its small business advisory web page. Provides that the explanation must remain posted on the web page for 6 months after the effective date of the rule or legislation. Each agency is required to notify the Department of Commerce and Community Affairs when it updates its small business advisory web page. The Department of Commerce and Community Affairs will serve as a clearinghouse for notifying the small business community of rulemakings and to seek input from the small business community on those rulemakings. The Department of Commerce and Community Affairs will maintain a small business advisory web page that serves as a coordinated point of access to other agencies' small business advisory web pages. Requires State agencies to post plain language versions of advisory opinions and interpretations on their small business advisory web pages. Effective Date: January 1, 2004 |
| Public Act 93-0033 (House Bill 3298) (House Bill 707 is a trailer bill to this bill) |
Description: The law makes changes to Comprehensive Health Insurance Plan Act. It adds coverage and sets forth criteria for determining creditable coverage for federally eligible individuals who attain eligibility pursuant to the federal Trade Adjustment Act of 2002. Effective Date: June 23, 2003 |
| Public Act 93-0269 (House Bill 3522) |
Description: The law amends the Illinois Insurance Code. It prohibits an applicant for a policy of automobile insurance from providing a false address. The law provides that a violation is a business offense punishable by a fine of not less than $1,000.00 and not more than $1,200.00. Effective Date: January 1, 2004 |
| Public Act 93-0200 (House Bill 3547) |
Description: The law amends the Illinois Insurance Code relating to coverage for subjects of abuse. The bill extends the restrictions on denying coverage for subjects of abuse to property and casualty insurers. Effective Date: January 1, 2004 |
| Public Act 93-0352 (House Bill 3618) |
Description: House Bill 3618 amends the Ambulatory Surgical Treatment Center Act and the Hospital Licensing Act. Provides that payments for services rendered to a physician by a person assisting surgery who is not an employee of the center or hospital shall be made at the non-physician modifier rate if the payor would have paid for those services if provided by a physician. Effective Date: January 1, 2004 |
| Public Act 93-0477 (House Bill 3661 (Agency Bill)) |
Description: Amends the Illinois Insurance Code and the Health Maintenance Organization Act in relation to continuation of benefits. Provides for notice of death or entry of a judgment of dissolution to be given to the employer or insurer rather than both. Requires an employer to give notice of death or dissolution to the insurer. Provides for coverage for certain dependents. Requires group policies to provide a continuation privilege for covered dependents of a deceased employee. Authorizes a continuation privilege for employees whose work hours have been reduced. Resections a Section of the Illinois Insurance Code relating to continuation of group, hospital, surgical, and major medical coverage after termination of employment. Provides for a separate Section relating to the group accident and health insurance conversion privilege. Amends various Acts to reflect the resectioning. Effective January 1, 2004 (IDOI provisions of bill) Further amends the Illinois Insurance Code. Provides that the Director of Insurance must require trustees to collateralize certain accounts with respect to amounts deposited with the Director for safekeeping. Effective January 1, 2004 (IDOI provisions of bill) Amends the Illinois Insurance Code. Provides that if an insurer fails to provide required notice concerning an increase or change in deductible or coverage, then it must extend the current policy under the same terms, conditions, and premium to allow of renewal and provide the actual renewal premium quotation and any change in coverage or deductible on the policy. Provides that if an insurer fails to comply with non-renewal notice requirements, then the policy shall be extended for up to an additional year. The provisions added by this amendment take effect upon becoming law, August 8, 2003. (PIIAI provision of bill) Amends the Use of Credit Information in Personal Insurance Act, created by 93 House Bill 1640. Changes the requirement that an insurer treat a consumer in a manner approved by the Department of Insurance to a requirement that an insurer treat a consumer in the manner filed with the Department of Insurance. This portion effective October 1, 2003. (IIA provision of bill) |
| Public Act 93-0529 (Senate Bill 467) |
Description: Amends the Illinois Insurance Code, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act to provide that if a policy provides coverage for prescription drugs, it may not restrict coverage for prescription inhalants based upon refill limitations if the treating physician prescribes the inhalants in a manner contrary to the insurer's refill limitations. Provides that the inhalants must be medically appropriate. Effective Date: August 14, 2003 |
| Public Act 93-0218 (Senate Bill 741) |
Description: Amends the Illinois Insurance Code. Provides that the offer and sale of vehicle protection products are not subject to the Illinois Insurance Code. Vehicle protection products are products designed to prevent loss or damage to vehicles and are backed by warranties to reimburse a purchaser of a vehicle protection product for any loss suffered as a result of a failure of the vehicle protection product. Effective Date: July 18, 2003 |
| Public Act 93-0326 (Senate Bill 1104) |
Description: Amends the Illinois Insurance Code. Provides that if the Illinois Life and Health Insurance Guaranty Association elects to succeed to the rights of an insolvent insurer arising after the date of an order of liquidation or rehabilitation under a contract of reinsurance to which the insolvent insurer was a party, the Association must pay all unpaid premiums due under the contract for coverage relating to periods before and after the date of the order of liquidation or rehabilitation (now the Association must pay premiums for coverage relating to periods after the date of the order of liquidation or rehabilitation). Effective Date: January 1, 2004 |
| Public Act 93-0288 (Senate Bill 1150) |
Description: Amends the Insurance Producers Article of the Illinois Insurance Code. Authorizes a limited line license for sale of insurance by self-service storage facilities. Limits the sale of insurance to sales made in conjunction with the rental of self-storage facilities. Sets registration fees. Provides that the requirements for self-service storage facility limited licenses do not apply to certain distributions of certificates of insurance under a group master policy or to common carriers regulated by the Illinois Commerce Commission. Deletes the effective date provision. Effective Date: January 1, 2004 |
| Public Act 93-0485 (Senate Bill 1207) |
Description: Amends the Illinois Insurance Code. Increases the penalties for unreasonable and vexatious delay. Provides that arbitration with respect to claims under uninsured motorists coverage is binding in all cases. Provides that arbitration with respect to claims under uninsured motorist coverage is binding for damages not exceeding $50,000.00 per person, $100,000.00 per occurrence, or the corresponding policy limits for bodily injury or death, whichever is less. Effective Date: January 1, 2004 |
| Public Act 93-0568 (Senate Bill 1417) |
Description: Amends the Illinois Insurance Code with respect to colorectal cancer examinations. Provides that insurance coverage must provide coverage for colorectal cancer examinations and laboratory tests for colorectal cancer in accordance with the published guidelines of the American Cancer Society. Effective Date: January 1, 2004 |
| Public Act 93-0029 (Senate Bill 1634) |
Description: Amends the Illinois Income Tax Act concerning a rate reduction for certain foreign insurers, the credit for personal property tax replacement income tax, the training expense credit, the research and development credit, the standard exemption for corporations, and net loss carryback and carryover. Amends the Illinois Insurance Code to increase the surplus line tax. Amends the Illinois Insurance Code and the Health Maintenance Organization Act concerning tax offsets. Effective Date: June 20, 2003 |
| Public Act 93-0032 (Senate Bill 1903) |
Description: Creates the FY2004 Budget Implementation (State Finance-Revenues) Act. Provides that the purpose of the Act is to make changes relating to State finance and revenues that are necessary to implement the State's FY2004 budget. Makes transfers from various funds into the General Revenue Fund and other Funds. Amends numerous Acts by increasing specified fees, charges, taxes, and penalties, changing the disposition of specified fees, charges, taxes, and penalties, and making other changes to implement the FY2004 budget. Effective Dates: June 20, 2003, July 1, 2003, September 1, 2003, December 1, 2003 & January 1, 2004 |
| Pension Bills | |
| Public Act 93-0123 (House Bill 407) |
Description: Amends the Downstate Firefighter Article of the Illinois Pension Code. When a municipal fire department is discontinued and the affected territory is annexed by a fire protection district, provides for transfer of the assets and liabilities of the municipality's firefighters' pension fund to the pension fund of the fire protection district. Amends the State Mandates Act to require implementation without reimbursement. Effective Date:July 10, 2003 |
| Public Act 93-0569 (Senate Bill 1638) |
Description: Amends the Public Safety Employee Benefits Act. Defines the term "firefighter" to include, without limitation, a licensed Emergency Medical Technician (EMT) who is a sworn member of a public fire department. Effective Date: August 20, 2003 |
| Public Act 93-0042 (Senate Bill 1701) |
Description: Amends the Chicago Police, Fire, Municipal, and Labor Articles of the Illinois Pension Code. Extends the health plan cost subsidy for certain city annuitants through June 30, 2013; increases the rates on July 1, 2003 and July 1, 2008. Deletes language relating to the City of Chicago's obligations to annuitants under its health care plans. Deletes language relating to subsidies for annuitants under a Chicago Board of Education health plan. Amends the State Mandates Act to require implementation without reimbursement. Extends the subsidy for annuitants under a Chicago Board of Education health plan through June 30, 2013; increases the rates on July 1, 2003 and July 1, 2008. Effective Date: July 1, 2003 |