Rep. Robyn Gabel
Filed: 4/19/2023
 
 


 




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1
AMENDMENT TO HOUSE BILL 579




2 AMENDMENT NO. ______. Amend House Bill 579 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Department of Insurance Law is amended by 
5adding Section 1405-50 as follows:

6 (20 ILCS 1405/1405-50 new)
7 Sec. 1405-50. Marketplace Director of the Illinois Health 
8Benefits Exchange. The Governor shall appoint a person within 
9the Department of Insurance to serve as the Marketplace 
10Director of the Illinois Health Benefits Exchange. This person 
11may be an existing employee with other duties. The Marketplace 
12Director shall receive an annual salary as set by the Governor 
13and shall be paid out of the appropriations to the Department. 
14The Marketplace Director shall not be subject to the Personnel 
15Code. The Marketplace Director, under the direction of the 
16Director, shall manage the operations and staff of the 
 
 
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1Illinois Health Benefits Exchange to ensure optimal exchange 
2performance.

3 Section 10. The State Finance Act is amended by adding 
4Section 5.990 as follows:

5 (30 ILCS 105/5.990 new)
6 Sec. 5.990. The Illinois Health Benefits Exchange Fund.

7 Section 15. The Illinois Procurement Code is amended by 
8changing Section 1-10 as follows:


9 (30 ILCS 500/1-10)

 
10 Sec. 1-10. Application. 

11 (a) This Code applies only to procurements for which 
12bidders, offerors, potential contractors, or contractors were 
13first
solicited on or after July 1, 1998. This Code shall not 
14be construed to affect
or impair any contract, or any 
15provision of a contract, entered into based on a
solicitation 
16prior to the implementation date of this Code as described in

17Article 99, including, but not limited to, any covenant 
18entered into with respect
to any revenue bonds or similar 
19instruments.
All procurements for which contracts are 
20solicited between the effective date
of Articles 50 and 99 and 
21July 1, 1998 shall be substantially in accordance
with this 
22Code and its intent.

 
 
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1 (b) This Code shall apply regardless of the source of the 
2funds with which
the contracts are paid, including federal 
3assistance moneys. This
Code shall
not apply to:

4  (1) Contracts between the State and its political 
5 subdivisions or other
governments, or between State 
6 governmental bodies, except as specifically provided in 
7 this Code.

8  (2) Grants, except for the filing requirements of 
9 Section 20-80.

10  (3) Purchase of care, except as provided in Section 
11 5-30.6 of the Illinois Public Aid
Code and this Section.

12  (4) Hiring of an individual as an employee and not as 
13 an independent
contractor, whether pursuant to an 
14 employment code or policy or by contract
directly with 
15 that individual.

16  (5) Collective bargaining contracts.

17  (6) Purchase of real estate, except that notice of 
18 this type of contract with a value of more than $25,000 
19 must be published in the Procurement Bulletin within 10 
20 calendar days after the deed is recorded in the county of 
21 jurisdiction. The notice shall identify the real estate 
22 purchased, the names of all parties to the contract, the 
23 value of the contract, and the effective date of the 
24 contract.

25  (7) Contracts necessary to prepare for anticipated 
26 litigation, enforcement
actions, or investigations, 
 
 
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1 provided
that the chief legal counsel to the Governor 
2 shall give his or her prior
approval when the procuring 
3 agency is one subject to the jurisdiction of the
Governor, 
4 and provided that the chief legal counsel of any other 
5 procuring
entity
subject to this Code shall give his or 
6 her prior approval when the procuring
entity is not one 
7 subject to the jurisdiction of the Governor.

8  (8) (Blank).

9  (9) Procurement expenditures by the Illinois 
10 Conservation Foundation
when only private funds are used.

11  (10) (Blank). 
12  (11) Public-private agreements entered into according 
13 to the procurement requirements of Section 20 of the 
14 Public-Private Partnerships for Transportation Act and 
15 design-build agreements entered into according to the 
16 procurement requirements of Section 25 of the 
17 Public-Private Partnerships for Transportation Act.
18  (12) (A) Contracts for legal, financial, and other 
19 professional and artistic services entered into by the 
20 Illinois Finance Authority in which the State of Illinois 
21 is not obligated. Such contracts shall be awarded through 
22 a competitive process authorized by the members of the 
23 Illinois Finance Authority and are subject to Sections 
24 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, 
25 as well as the final approval by the members of the 
26 Illinois Finance Authority of the terms of the contract.
 
 
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1  (B) Contracts for legal and financial services entered 
2 into by the Illinois Housing Development Authority in 
3 connection with the issuance of bonds in which the State 
4 of Illinois is not obligated. Such contracts shall be 
5 awarded through a competitive process authorized by the 
6 members of the Illinois Housing Development Authority and 
7 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, 
8 and 50-37 of this Code, as well as the final approval by 
9 the members of the Illinois Housing Development Authority 
10 of the terms of the contract. 
11  (13) Contracts for services, commodities, and 
12 equipment to support the delivery of timely forensic 
13 science services in consultation with and subject to the 
14 approval of the Chief Procurement Officer as provided in 
15 subsection (d) of Section 5-4-3a of the Unified Code of 
16 Corrections, except for the requirements of Sections 
17 20-60, 20-65, 20-70, and 20-160 and Article 50 of this 
18 Code; however, the Chief Procurement Officer may, in 
19 writing with justification, waive any certification 
20 required under Article 50 of this Code. For any contracts 
21 for services which are currently provided by members of a 
22 collective bargaining agreement, the applicable terms of 
23 the collective bargaining agreement concerning 
24 subcontracting shall be followed.
25  On and after January 1, 2019, this paragraph (13), 
26 except for this sentence, is inoperative. 
 
 
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1  (14) Contracts for participation expenditures required 
2 by a domestic or international trade show or exhibition of 
3 an exhibitor, member, or sponsor.
4  (15) Contracts with a railroad or utility that 
5 requires the State to reimburse the railroad or utilities 
6 for the relocation of utilities for construction or other 
7 public purpose. Contracts included within this paragraph 
8 (15) shall include, but not be limited to, those 
9 associated with: relocations, crossings, installations, 
10 and maintenance. For the purposes of this paragraph (15), 
11 "railroad" means any form of non-highway ground 
12 transportation that runs on rails or electromagnetic 
13 guideways and "utility" means: (1) public utilities as 
14 defined in Section 3-105 of the Public Utilities Act, (2) 
15 telecommunications carriers as defined in Section 13-202 
16 of the Public Utilities Act, (3) electric cooperatives as 
17 defined in Section 3.4 of the Electric Supplier Act, (4) 
18 telephone or telecommunications cooperatives as defined in 
19 Section 13-212 of the Public Utilities Act, (5) rural 
20 water or waste water systems with 10,000 connections or 
21 less, (6) a holder as defined in Section 21-201 of the 
22 Public Utilities Act, and (7) municipalities owning or 
23 operating utility systems consisting of public utilities 
24 as that term is defined in Section 11-117-2 of the 
25 Illinois Municipal Code. 
26  (16) Procurement expenditures necessary for the 
 
 
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1 Department of Public Health to provide the delivery of 
2 timely newborn screening services in accordance with the 
3 Newborn Metabolic Screening Act. 
4  (17) Procurement expenditures necessary for the 
5 Department of Agriculture, the Department of Financial and 
6 Professional Regulation, the Department of Human Services, 
7 and the Department of Public Health to implement the 
8 Compassionate Use of Medical Cannabis Program and Opioid 
9 Alternative Pilot Program requirements and ensure access 
10 to medical cannabis for patients with debilitating medical 
11 conditions in accordance with the Compassionate Use of 
12 Medical Cannabis Program Act.
13  (18) This Code does not apply to any procurements 
14 necessary for the Department of Agriculture, the 
15 Department of Financial and Professional Regulation, the 
16 Department of Human Services, the Department of Commerce 
17 and Economic Opportunity, and the Department of Public 
18 Health to implement the Cannabis Regulation and Tax Act if 
19 the applicable agency has made a good faith determination 
20 that it is necessary and appropriate for the expenditure 
21 to fall within this exemption and if the process is 
22 conducted in a manner substantially in accordance with the 
23 requirements of Sections 20-160, 25-60, 30-22, 50-5, 
24 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 
25 50-36, 50-37, 50-38, and 50-50 of this Code; however, for 
26 Section 50-35, compliance applies only to contracts or 
 
 
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1 subcontracts over $100,000. Notice of each contract 
2 entered into under this paragraph (18) that is related to 
3 the procurement of goods and services identified in 
4 paragraph (1) through (9) of this subsection shall be 
5 published in the Procurement Bulletin within 14 calendar 
6 days after contract execution. The Chief Procurement 
7 Officer shall prescribe the form and content of the 
8 notice. Each agency shall provide the Chief Procurement 
9 Officer, on a monthly basis, in the form and content 
10 prescribed by the Chief Procurement Officer, a report of 
11 contracts that are related to the procurement of goods and 
12 services identified in this subsection. At a minimum, this 
13 report shall include the name of the contractor, a 
14 description of the supply or service provided, the total 
15 amount of the contract, the term of the contract, and the 
16 exception to this Code utilized. A copy of any or all of 
17 these contracts shall be made available to the Chief 
18 Procurement Officer immediately upon request. The Chief 
19 Procurement Officer shall submit a report to the Governor 
20 and General Assembly no later than November 1 of each year 
21 that includes, at a minimum, an annual summary of the 
22 monthly information reported to the Chief Procurement 
23 Officer. This exemption becomes inoperative 5 years after 
24 June 25, 2019 (the effective date of Public Act 101-27).
25  (19) Acquisition of modifications or adjustments, 
26 limited to assistive technology devices and assistive 
 
 
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1 technology services, adaptive equipment, repairs, and 
2 replacement parts to provide reasonable accommodations (i) 
3 that enable a qualified applicant with a disability to 
4 complete the job application process and be considered for 
5 the position such qualified applicant desires, (ii) that 
6 modify or adjust the work environment to enable a 
7 qualified current employee with a disability to perform 
8 the essential functions of the position held by that 
9 employee, (iii) to enable a qualified current employee 
10 with a disability to enjoy equal benefits and privileges 
11 of employment as are enjoyed by other similarly situated 
12 employees without disabilities, and (iv) that allow a 
13 customer, client, claimant, or member of the public 
14 seeking State services full use and enjoyment of and 
15 access to its programs, services, or benefits. 
16  For purposes of this paragraph (19):
17  "Assistive technology devices" means any item, piece 
18 of equipment, or product system, whether acquired 
19 commercially off the shelf, modified, or customized, that 
20 is used to increase, maintain, or improve functional 
21 capabilities of individuals with disabilities.
22  "Assistive technology services" means any service that 
23 directly assists an individual with a disability in 
24 selection, acquisition, or use of an assistive technology 
25 device.
26  "Qualified" has the same meaning and use as provided 
 
 
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1 under the federal Americans with Disabilities Act when 
2 describing an individual with a disability. 
3  (20) Procurement expenditures necessary for the

4 Illinois Commerce Commission to hire third-party

5 facilitators pursuant to Sections 16-105.17 and
16-108.18 
6 of the Public Utilities Act or an ombudsman pursuant to 
7 Section 16-107.5 of the Public Utilities Act, a 
8 facilitator pursuant to Section 16-105.17 of the Public 
9 Utilities Act, or a grid auditor pursuant to Section 
10 16-105.10 of the Public Utilities Act. 
11  (21) Procurement expenditures for the purchase, 
12 renewal, and expansion of software, software licenses, or 
13 software maintenance agreements that support the efforts 
14 of the Illinois State Police to enforce, regulate, and 
15 administer the Firearm Owners Identification Card Act, the 
16 Firearm Concealed Carry Act, the Firearms Restraining 
17 Order Act, the Firearm Dealer License Certification Act, 
18 the Law Enforcement Agencies Data System (LEADS), the 
19 Uniform Crime Reporting Act, the Criminal Identification 
20 Act, the Uniform Conviction Information Act, and the Gun 
21 Trafficking Information Act, or establish or maintain 
22 record management systems necessary to conduct human 
23 trafficking investigations or gun trafficking or other 
24 stolen firearm investigations. This paragraph (21) applies 
25 to contracts entered into on or after the effective date 
26 of this amendatory Act of the 102nd General Assembly and 
 
 
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1 the renewal of contracts that are in effect on the 
2 effective date of this amendatory Act of the 102nd General 
3 Assembly.
4  (22) This Code does not apply to any procurements 
5 necessary for the Department of Insurance to implement the 
6 Illinois Health Benefits Exchange Law if the Department of 
7 Insurance has made a good faith determination that it is 
8 necessary and appropriate for the expenditure to fall 
9 within this exemption and if the process is conducted in a 
10 manner substantially in accordance with the requirements 
11 of Sections 20-160, 25-60, 30-22, 50-5, 50-10, 50-10.5, 
12 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36, 50-37, 
13 50-38, and 50-50 of this Code; however, for Section 50-35, 
14 compliance applies only to contracts or subcontracts over 
15 $100,000. The requirements of the Business Enterprise for 
16 Minorities, Women, and Persons with Disabilities Act shall 
17 apply to any procurements conducted by the Department of 
18 Insurance under this exemption. Notice of each contract 
19 entered into under this paragraph (22) that is related to 
20 the procurement of goods and services identified in 
21 paragraph (1) through (9) of this subsection shall be 
22 published in the Procurement Bulletin within 14 calendar 
23 days after contract execution. The Chief Procurement 
24 Officer shall prescribe the form and content of the 
25 notice. The Department of Insurance shall provide the 
26 Chief Procurement Officer, on a monthly basis, in the form 
 
 
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1 and content prescribed by the Chief Procurement Officer, a 
2 report of contracts that are related to the procurement of 
3 goods and services identified in this subsection. At a 
4 minimum, this report shall include the name of the 
5 contractor, a description of the supply or service 
6 provided, the total amount of the contract, the term of 
7 the contract, and the exception to this Code utilized. A 
8 copy of any of these contracts shall be made available to 
9 the Chief Procurement Officer immediately upon request. 
10 The Chief Procurement Officer shall submit a report to the 
11 Governor and General Assembly no later than November 1 of 
12 each year that includes, at a minimum, an annual summary 
13 of the monthly information reported to the Chief 
14 Procurement Officer. This paragraph is inoperative 5 years 
15 after the effective date of this amendatory Act of the 
16 103rd General Assembly. 
17 Notwithstanding any other provision of law, for contracts 
18with an annual value of more than $100,000 entered into on or 
19after October 1, 2017 under an exemption provided in any 
20paragraph of this subsection (b), except paragraph (1), (2), 
21or (5), each State agency shall post to the appropriate 
22procurement bulletin the name of the contractor, a description 
23of the supply or service provided, the total amount of the 
24contract, the term of the contract, and the exception to the 
25Code utilized. The chief procurement officer shall submit a 
26report to the Governor and General Assembly no later than 
 
 
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1November 1 of each year that shall include, at a minimum, an 
2annual summary of the monthly information reported to the 
3chief procurement officer. 
4 (c) This Code does not apply to the electric power 
5procurement process provided for under Section 1-75 of the 
6Illinois Power Agency Act and Section 16-111.5 of the Public 
7Utilities Act.
8 (d) Except for Section 20-160 and Article 50 of this Code, 
9and as expressly required by Section 9.1 of the Illinois 
10Lottery Law, the provisions of this Code do not apply to the 
11procurement process provided for under Section 9.1 of the 
12Illinois Lottery Law. 
13 (e) This Code does not apply to the process used by the 
14Capital Development Board to retain a person or entity to 
15assist the Capital Development Board with its duties related 
16to the determination of costs of a clean coal SNG brownfield 
17facility, as defined by Section 1-10 of the Illinois Power 
18Agency Act, as required in subsection (h-3) of Section 9-220 
19of the Public Utilities Act, including calculating the range 
20of capital costs, the range of operating and maintenance 
21costs, or the sequestration costs or monitoring the 
22construction of clean coal SNG brownfield facility for the 
23full duration of construction.
24 (f) (Blank). 
25 (g) (Blank).
26 (h) This Code does not apply to the process to procure or 
 
 
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1contracts entered into in accordance with Sections 11-5.2 and 
211-5.3 of the Illinois Public Aid Code. 
3 (i) Each chief procurement officer may access records 
4necessary to review whether a contract, purchase, or other 
5expenditure is or is not subject to the provisions of this 
6Code, unless such records would be subject to attorney-client 
7privilege. 
8 (j) This Code does not apply to the process used by the 
9Capital Development Board to retain an artist or work or works 
10of art as required in Section 14 of the Capital Development 
11Board Act. 
12 (k) This Code does not apply to the process to procure 
13contracts, or contracts entered into, by the State Board of 
14Elections or the State Electoral Board for hearing officers 
15appointed pursuant to the Election Code. 
16 (l) This Code does not apply to the processes used by the 
17Illinois Student Assistance Commission to procure supplies and 
18services paid for from the private funds of the Illinois 
19Prepaid Tuition Fund. As used in this subsection (l), "private 
20funds" means funds derived from deposits paid into the 
21Illinois Prepaid Tuition Trust Fund and the earnings thereon. 
22 (m) This Code shall apply regardless of the source of 
23funds with which contracts are paid, including federal 
24assistance moneys. Except as specifically provided in this 
25Code, this Code shall not apply to procurement expenditures 
26necessary for the Department of Public Health to conduct the 
 
 
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1Healthy Illinois Survey in accordance with Section 2310-431 of 
2the Department of Public Health Powers and Duties Law of the 
3Civil Administrative Code of Illinois. 
4(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 
5101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff 
61-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, 
7eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; 
8102-1116, eff. 1-10-23.)


9 Section 20. The Illinois Health Benefits Exchange Law is 
10amended by changing Section 5-5 and by adding Sections 5-21, 
115-22, 5-23, and 5-24 as follows:

12 (215 ILCS 122/5-5)

13 Sec. 5-5. State health benefits exchange.  It is declared 
14that this State, beginning October 1, 2013, in accordance with 
15Section 1311 of the federal Patient Protection and Affordable 
16Care Act, shall establish a State health benefits exchange to 
17be known as the Illinois Health Benefits Exchange in order to 
18help individuals and small employers with no more than 50 
19employees shop for, select, and enroll in qualified, 
20affordable private health plans that fit their needs at 
21competitive prices. The Exchange shall separate coverage pools 
22for individuals and small employers and shall supplement and 
23not supplant any existing private health insurance market for 
24individuals and small employers. The Department of Insurance 
 
 
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1shall operate the Illinois Health Benefits Exchange as a 
2State-based exchange using the federal platform by plan year 
32025 and as a State-based exchange by plan year 2026. The 
4Director of Insurance may require that all plans in the 
5individual and small group markets, other than grandfathered 
6health plans, be made available for comparison on the Illinois 
7Health Benefits Exchange, but may not require that all plans 
8in the individual and small group markets be purchased 
9exclusively on the Illinois Health Benefits Exchange. The 
10Director of Insurance may require that plans offered on the 
11exchange conform with standardized plan designs that provide 
12for standardized cost sharing for covered health services. 
13Except when it is inconsistent with State law, the Department 
14of Insurance shall enforce the coverage requirements under the 
15federal Patient Protection and Affordable Care Act, including 
16the coverage of all United States Preventive Services Task 
17Force Grade A and B preventive services without cost sharing 
18notwithstanding any federal overturning or repeal of 42 U.S.C. 
19300gg-13(a)(1), that apply to the individual and small group 
20markets. The Director of Insurance may elect to add a small 
21business health options program to the Illinois Health 
22Benefits Exchange to help small employers enroll their 
23employees in qualified health plans in the small group market. 
24The General Assembly shall appropriate funds to establish the 
25Illinois Health Benefits Exchange. 

26(Source: P.A. 97-142, eff. 7-14-11.)

 
 
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1 (215 ILCS 122/5-21 new)
2 Sec. 5-21. Monthly assessments.
3 (a) The Director of Insurance may apply a monthly 
4assessment to each health benefits plan sold on the Illinois 
5Health Benefits Exchange. The assessment shall be paid by the 
6issuer and to the Department of Insurance and shall be used 
7only for the purpose of supporting the exchange through 
8exchange operations, outreach, enrollment, and other means of 
9supporting the exchange, including any efforts that may result 
10in a benefit to policyholders. The assessment may be applied 
11at a rate of:
12  (1) 0.5% of the total monthly premium charged by an 
13 issuer for each health benefits plan during any period 
14 that the State is on a State-based exchange using the 
15 federal platform; or
16  (2) 2.75% of the total monthly premium charged by an 
17 issuer for each health benefits plan during any period 
18 that the State is on the State-based exchange. The 
19 Director of Insurance shall adjust this rate to ensure 
20 that the Illinois Health Benefits Exchange is fully 
21 funded, but in no case shall the assessment be applied at a 
22 rate that exceeds 4% of the total monthly premium charged 
23 by a carrier. If the Director determines it is necessary 
24 to adjust the rate pursuant to this paragraph, the 
25 Director shall, in advance of the adjustment, post on the 
 
 
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1 Department's website a report describing the reasons and 
2 justifications for the adjustment, which shall be 
3 consistent with the purposes of supporting the Illinois 
4 Health Benefits Exchange as provided in this Section, at 
5 least 120 days before the implementation of the rate 
6 adjustment.
7 (b) The Director of Insurance shall notify an issuer 120 
8days before the implementation of its assessment rate for the 
9subsequent year. Issuers must remit the assessment due in 
10monthly installments to the Department of Insurance.
11 (c) The assessment described in this Section shall be 
12considered a special purpose obligation and may not be applied 
13by issuers to vary premium rates at the plan level. 
14 (d) There is created a special fund within the State 
15treasury to be known as the Illinois Health Benefits Exchange 
16Fund. The Illinois Health Benefits Exchange Fund shall be the 
17repository for moneys collected pursuant to fees or 
18assessments on exchange issuers, federal financial 
19participation as appropriate, and other moneys received as 
20grants or otherwise appropriated for the purposes of 
21supporting health insurance outreach, enrollment efforts, and 
22plan management operations through an exchange. All moneys in 
23the Fund shall be used, subject to appropriation, only for the 
24purpose of supporting the exchange through exchange 
25operations, outreach, enrollment, and other means of 
26supporting the exchange, including any efforts that may result 
 
 
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1in a benefit to policyholders. 

2 (215 ILCS 122/5-22 new)
3 Sec. 5-22. State medical assistance program coordination.
4 (a) The Department of Insurance and the Department of 
5Healthcare and Family Services shall coordinate the operations 
6of the exchange with the operations of State medical 
7assistance programs. The Department of Healthcare and Family 
8Services shall oversee and operate the exchange eligibility 
9rules engine to ensure accurate assessments and determinations 
10of exchange and State medical assistance program eligibility.
11 (b) The exchange may determine eligibility for State 
12medical assistance programs that use the modified adjusted 
13gross income methodology.
14 (c) The exchange may be used for enrollment into State 
15medical assistance program health plans.
16 (d) The Department of Healthcare and Family Services shall 
17request federal financial participation funds from the Centers 
18for Medicare and Medicaid Services for any integrated 
19eligibility and enrollment functions of the exchange. 

20 (215 ILCS 122/5-23 new)
21 Sec. 5-23. Department of Insurance and Department of 
22Healthcare and Family Services authority.
23 (a) The Department of Insurance and the Department of 
24Healthcare and Family Services, in addition to the powers 
 
 
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1granted under the Illinois Insurance Code and the Illinois 
2Public Aid Code, have the power necessary to establish and 
3operate the Illinois Health Benefits Exchange, including, but 
4not limited to, the authority to:
5  (1) adopt rules deemed necessary by the departments to 
6 implement this Law;
7  (2) employ or retain sufficient personnel to provide 
8 administration, staffing, and necessary related support 
9 required to adequately discharge the duties described in 
10 this Law from funds held in the Illinois Health Benefits 
11 Exchange Fund;
12  (3) procure services, including a call center, and 
13 goods for the purpose of establishing the Illinois Health 
14 Benefits Exchange, including, but not limited to, 
15 procurements in conformance with paragraph (22) of 
16 subsection (b) of Section 1-10 of the Illinois Procurement 
17 Code; and 
18  (4) require any exchange vendor to have experience 
19 operating a State-based exchange in another state.
20 (b) The Department of Insurance has the authority to 
21employ a Marketplace Director of the Illinois Health Benefits 
22Exchange.

23 (215 ILCS 122/5-24 new)
24 Sec. 5-24. Illinois Health Benefits Exchange Advisory 
25Committee.
 
 
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1 (a) The Director of Insurance shall establish the Illinois 
2Health Benefits Exchange Advisory Committee no later than 
3December 31, 2023. The Illinois Health Benefits Exchange 
4Advisory Committee shall be tasked with making recommendations 
5to the Marketplace Director of the Illinois Health Benefits 
6Exchange concerning the operation of the exchange, and the 
7Committee shall hold its first meeting no later than 90 days 
8following the establishment of the Committee and shall meet 
9quarterly thereafter. The Marketplace Director shall make a 
10quarterly report to the Committee.
11 (b) The Department of Insurance shall present regular and 
12timely reports to the Illinois Health Benefits Exchange 
13Advisory Committee regarding the progress in the development 
14and ongoing operations of the Illinois Health Benefits 
15Exchange before its establishment by plan year 2026. The 
16reports shall be posted to the Department of Insurance's 
17website and include information on the Department of 
18Insurance's progress toward establishing and maintaining the 
19Illinois Health Benefits Exchange with the goal of ensuring an 
20effective and efficient transition from the federal platform 
21to the State-based exchange for individuals, employers, and 
22health insurance issuers while mitigating loss of health 
23insurance coverage for any potential consumer. The Department 
24of Insurance's progress reports shall provide information 
25including, but not limited to, transparency, user 
26understandability, plan compliance, outreach and education, 
 
 
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1systems operations, and annual fiscal projections. The 
2Department of Insurance shall gather stakeholder input in 
3developing operational plans and preparing the reports for the 
4Illinois Health Benefits Exchange Advisory Committee.
5 (c) The Illinois Health Benefits Exchange Advisory 
6Committee shall include the following members:
7  (1) The Director of Insurance, or the Director's 
8 designee, who shall serve ex officio and as co-chair;
9  (2) The Director of Healthcare and Family Services, or 
10 the Director's designee, who shall serve ex officio and as 
11 co-chair;
12  (3) The Secretary of Human Services, or the 
13 Secretary's designee, who shall serve ex officio; and
14  (4) 10 public members, who shall be residents of this 
15 State, appointed by the Director of Insurance. The 
16 Director shall consider the diversity of this State in the 
17 selection of the committee members. The public members 
18 shall include:
19   (A) one representative of a statewide organization 
20 representing a majority of Illinois hospitals;
21   (B) one representative of a statewide insurance 
22 producer professional trade association whose 
23 membership is primarily composed of individuals 
24 licensed under the Illinois Insurance Code;
25   (C) 2 representatives of a health insurance 
26 consumer advocacy group;
 
 
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1   (D) one representative with expertise in 
2 enrollment and consumer assistance;
3   (E) 2 representatives of health insurance issuers 
4 or issuer trade associations, at least one of which 
5 represents a State-domiciled mutual health insurance 
6 company, with a demonstrated expertise in the business 
7 of health insurance or health benefits administration;
8   (F) one representative of a statewide association 
9 representing small business owners;
10   (G) one representative of a statewide organization 
11 representing physicians; and
12   (H) one academic or research professional with 
13 expertise in health insurance.
14 (d) Members of the Illinois Health Benefits Exchange 
15Advisory Committee shall serve for a term of 2 years, shall 
16serve without compensation, and shall not be entitled to 
17reimbursement. The Department of Insurance shall provide 
18administrative support to the Illinois Health Benefits 
19Exchange Advisory Committee.
20 (e) The Committee's quarterly meetings shall be open to 
21the public and subject to the Open Meetings Act.


22 Section 99. Effective date. This Act takes effect upon 
23becoming law.".