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1 | | Illinois Health Benefits Exchange to ensure optimal exchange |
2 | | performance.
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3 | | Section 10. The State Finance Act is amended by adding |
4 | | Section 5.990 as follows:
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5 | | (30 ILCS 105/5.990 new) |
6 | | Sec. 5.990. The Illinois Health Benefits Exchange Fund.
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7 | | Section 15. The Illinois Procurement Code is amended by |
8 | | changing Section 1-10 as follows:
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9 | | (30 ILCS 500/1-10)
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10 | | Sec. 1-10. Application.
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11 | | (a) This Code applies only to procurements for which |
12 | | bidders, offerors, potential contractors, or contractors were |
13 | | first
solicited on or after July 1, 1998. This Code shall not |
14 | | be construed to affect
or impair any contract, or any |
15 | | provision of a contract, entered into based on a
solicitation |
16 | | prior to the implementation date of this Code as described in
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17 | | Article 99, including, but not limited to, any covenant |
18 | | entered into with respect
to any revenue bonds or similar |
19 | | instruments.
All procurements for which contracts are |
20 | | solicited between the effective date
of Articles 50 and 99 and |
21 | | July 1, 1998 shall be substantially in accordance
with this |
22 | | Code and its intent.
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1 | | (b) This Code shall apply regardless of the source of the |
2 | | funds with which
the contracts are paid, including federal |
3 | | assistance moneys. This
Code shall
not apply to:
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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.
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8 | | (2) Grants, except for the filing requirements of |
9 | | Section 20-80.
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10 | | (3) Purchase of care, except as provided in Section |
11 | | 5-30.6 of the Illinois Public Aid
Code and this Section.
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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.
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16 | | (5) Collective bargaining contracts.
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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.
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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.
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8 | | (8) (Blank).
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9 | | (9) Procurement expenditures by the Illinois |
10 | | Conservation Foundation
when only private funds are used.
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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
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4 | | Illinois Commerce Commission to hire third-party
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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) Procurements necessary for the Department of |
5 | | Insurance to implement the Illinois Health Benefits |
6 | | Exchange Law if the Department of Insurance has made a |
7 | | good faith determination that it is necessary and |
8 | | appropriate for the expenditure to fall within this |
9 | | exemption. The procurement process shall be conducted in a |
10 | | manner substantially in accordance with the requirements |
11 | | of Sections 20-160 and 25-60 and Article 50 of this Code. A |
12 | | copy of these contracts shall be made available to the |
13 | | Chief Procurement Officer immediately upon request. This |
14 | | paragraph is inoperative 5 years after the effective date |
15 | | of this amendatory Act of the 103rd General Assembly. |
16 | | Notwithstanding any other provision of law, for contracts |
17 | | with an annual value of more than $100,000 entered into on or |
18 | | after October 1, 2017 under an exemption provided in any |
19 | | paragraph of this subsection (b), except paragraph (1), (2), |
20 | | or (5), each State agency shall post to the appropriate |
21 | | procurement bulletin the name of the contractor, a description |
22 | | of the supply or service provided, the total amount of the |
23 | | contract, the term of the contract, and the exception to the |
24 | | Code utilized. The chief procurement officer shall submit a |
25 | | report to the Governor and General Assembly no later than |
26 | | November 1 of each year that shall include, at a minimum, an |
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1 | | annual summary of the monthly information reported to the |
2 | | chief procurement officer. |
3 | | (c) This Code does not apply to the electric power |
4 | | procurement process provided for under Section 1-75 of the |
5 | | Illinois Power Agency Act and Section 16-111.5 of the Public |
6 | | Utilities Act. |
7 | | (d) Except for Section 20-160 and Article 50 of this Code, |
8 | | and as expressly required by Section 9.1 of the Illinois |
9 | | Lottery Law, the provisions of this Code do not apply to the |
10 | | procurement process provided for under Section 9.1 of the |
11 | | Illinois Lottery Law. |
12 | | (e) This Code does not apply to the process used by the |
13 | | Capital Development Board to retain a person or entity to |
14 | | assist the Capital Development Board with its duties related |
15 | | to the determination of costs of a clean coal SNG brownfield |
16 | | facility, as defined by Section 1-10 of the Illinois Power |
17 | | Agency Act, as required in subsection (h-3) of Section 9-220 |
18 | | of the Public Utilities Act, including calculating the range |
19 | | of capital costs, the range of operating and maintenance |
20 | | costs, or the sequestration costs or monitoring the |
21 | | construction of clean coal SNG brownfield facility for the |
22 | | full duration of construction. |
23 | | (f) (Blank). |
24 | | (g) (Blank). |
25 | | (h) This Code does not apply to the process to procure or |
26 | | contracts entered into in accordance with Sections 11-5.2 and |
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1 | | 11-5.3 of the Illinois Public Aid Code. |
2 | | (i) Each chief procurement officer may access records |
3 | | necessary to review whether a contract, purchase, or other |
4 | | expenditure is or is not subject to the provisions of this |
5 | | Code, unless such records would be subject to attorney-client |
6 | | privilege. |
7 | | (j) This Code does not apply to the process used by the |
8 | | Capital Development Board to retain an artist or work or works |
9 | | of art as required in Section 14 of the Capital Development |
10 | | Board Act. |
11 | | (k) This Code does not apply to the process to procure |
12 | | contracts, or contracts entered into, by the State Board of |
13 | | Elections or the State Electoral Board for hearing officers |
14 | | appointed pursuant to the Election Code. |
15 | | (l) This Code does not apply to the processes used by the |
16 | | Illinois Student Assistance Commission to procure supplies and |
17 | | services paid for from the private funds of the Illinois |
18 | | Prepaid Tuition Fund. As used in this subsection (l), "private |
19 | | funds" means funds derived from deposits paid into the |
20 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. |
21 | | (m) This Code shall apply regardless of the source of |
22 | | funds with which contracts are paid, including federal |
23 | | assistance moneys. Except as specifically provided in this |
24 | | Code, this Code shall not apply to procurement expenditures |
25 | | necessary for the Department of Public Health to conduct the |
26 | | Healthy Illinois Survey in accordance with Section 2310-431 of |
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1 | | the Department of Public Health Powers and Duties Law of the |
2 | | Civil Administrative Code of Illinois. |
3 | | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; |
4 | | 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff |
5 | | 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, |
6 | | eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; |
7 | | 102-1116, eff. 1-10-23.)
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8 | | Section 20. The Illinois Health Benefits Exchange Law is |
9 | | amended by changing Section 5-5 and by adding Sections 5-21, |
10 | | 5-22, 5-23, and 5-24 as follows:
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11 | | (215 ILCS 122/5-5)
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12 | | Sec. 5-5. State health benefits exchange. It is declared |
13 | | that this State, beginning October 1, 2013, in accordance with |
14 | | Section 1311 of the federal Patient Protection and Affordable |
15 | | Care Act, shall establish a State health benefits exchange to |
16 | | be known as the Illinois Health Benefits Exchange in order to |
17 | | help individuals and small employers with no more than 50 |
18 | | employees shop for, select, and enroll in qualified, |
19 | | affordable private health plans that fit their needs at |
20 | | competitive prices. The Exchange shall separate coverage pools |
21 | | for individuals and small employers and shall supplement and |
22 | | not supplant any existing private health insurance market for |
23 | | individuals and small employers. The Department of Insurance |
24 | | shall operate the Illinois Health Benefits Exchange as a |
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1 | | State-based exchange using the federal platform by plan year |
2 | | 2025 and as a State-based exchange by plan year 2026. The |
3 | | Director of Insurance may require that all plans in the |
4 | | individual and small group markets, other than grandfathered |
5 | | health plans, be made available for comparison on the Illinois |
6 | | Health Benefits Exchange, but may not require that all plans |
7 | | in the individual and small group markets be purchased |
8 | | exclusively on the Illinois Health Benefits Exchange. The |
9 | | Director of Insurance may require that plans offered on the |
10 | | exchange conform with standardized plan designs that provide |
11 | | for standardized cost sharing for covered health services. |
12 | | Except when it is inconsistent with State law, the Department |
13 | | of Insurance shall enforce the coverage requirements under the |
14 | | federal Patient Protection and Affordable Care Act, including |
15 | | the coverage of all United States Preventive Services Task |
16 | | Force Grade A and B preventive services without cost sharing |
17 | | notwithstanding any federal overturning or repeal of 42 U.S.C. |
18 | | 300gg-13(a)(1), that apply to the individual and small group |
19 | | markets. The Director of Insurance may elect to add a small |
20 | | business health options program to the Illinois Health |
21 | | Benefits Exchange to help small employers enroll their |
22 | | employees in qualified health plans in the small group market. |
23 | | The General Assembly shall appropriate funds to establish the |
24 | | Illinois Health Benefits Exchange.
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25 | | (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 |
4 | | assessment to each health benefits plan sold on the Illinois |
5 | | Health Benefits Exchange. The assessment shall be paid by the |
6 | | issuer and to the Department of Insurance and shall be used |
7 | | only for the purpose of supporting the exchange through |
8 | | exchange operations, outreach, enrollment, and other means of |
9 | | supporting the exchange, including any efforts that may result |
10 | | in a benefit to policyholders. The assessment may be applied |
11 | | at 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 |
26 | | Department's website a report describing the reasons and |
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1 | | justifications for the adjustment, which shall be |
2 | | consistent with the purposes of supporting the Illinois |
3 | | Health Benefits Exchange as provided in this Section, at |
4 | | least 120 days before the implementation of the rate |
5 | | adjustment. |
6 | | (b) The Director of Insurance shall notify an issuer 120 |
7 | | days before the implementation of its assessment rate for the |
8 | | subsequent year. Issuers must remit the assessment due in |
9 | | monthly installments to the Department of Insurance. |
10 | | (c) The assessment described in this Section shall be |
11 | | considered a special purpose obligation and may not be applied |
12 | | by issuers to vary premium rates at the plan level. |
13 | | (d) There is created a special fund within the State |
14 | | treasury to be known as the Illinois Health Benefits Exchange |
15 | | Fund. The Illinois Health Benefits Exchange Fund shall be the |
16 | | repository for moneys collected pursuant to fees or |
17 | | assessments on exchange issuers, federal financial |
18 | | participation as appropriate, and other moneys received as |
19 | | grants or otherwise appropriated for the purposes of |
20 | | supporting health insurance outreach, enrollment efforts, and |
21 | | plan management operations through an exchange. All moneys in |
22 | | the Fund shall be used, subject to appropriation, only for the |
23 | | purpose of supporting the exchange through exchange |
24 | | operations, outreach, enrollment, and other means of |
25 | | supporting the exchange, including any efforts that may result |
26 | | in a benefit to policyholders.
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1 | | (215 ILCS 122/5-22 new) |
2 | | Sec. 5-22. State medical assistance program coordination. |
3 | | (a) The Department of Insurance and the Department of |
4 | | Healthcare and Family Services shall coordinate the operations |
5 | | of the exchange with the operations of State medical |
6 | | assistance programs. The Department of Healthcare and Family |
7 | | Services shall oversee and operate the exchange eligibility |
8 | | rules engine to ensure accurate assessments and determinations |
9 | | of exchange and State medical assistance program eligibility. |
10 | | (b) The exchange may determine eligibility for State |
11 | | medical assistance programs that use the modified adjusted |
12 | | gross income methodology. |
13 | | (c) The exchange may be used for enrollment into State |
14 | | medical assistance program health plans. |
15 | | (d) The Department of Healthcare and Family Services shall |
16 | | request federal financial participation funds from the Centers |
17 | | for Medicare and Medicaid Services for any integrated |
18 | | eligibility and enrollment functions of the exchange.
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19 | | (215 ILCS 122/5-23 new) |
20 | | Sec. 5-23. Department of Insurance and Department of |
21 | | Healthcare and Family Services authority. |
22 | | (a) The Department of Insurance and the Department of |
23 | | Healthcare and Family Services, in addition to the powers |
24 | | granted under the Illinois Insurance Code and the Illinois |
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1 | | Public Aid Code, have the power necessary to establish and |
2 | | operate the Illinois Health Benefits Exchange, including, but |
3 | | not limited to, the authority to: |
4 | | (1) adopt rules deemed necessary by the departments to |
5 | | implement this Law; |
6 | | (2) employ or retain sufficient personnel to provide |
7 | | administration, staffing, and necessary related support |
8 | | required to adequately discharge the duties described in |
9 | | this Law from funds held in the Illinois Health Benefits |
10 | | Exchange Fund; |
11 | | (3) procure services, including a call center, and |
12 | | goods for the purpose of establishing the Illinois Health |
13 | | Benefits Exchange, including, but not limited to, |
14 | | procurements in conformance with paragraph (22) of |
15 | | subsection (b) of Section 1-10 of the Illinois Procurement |
16 | | Code; and |
17 | | (4) require any exchange vendor to have experience |
18 | | operating a State-based exchange in another state. |
19 | | (b) The Department of Insurance has the authority to |
20 | | employ a Marketplace Director of the Illinois Health Benefits |
21 | | Exchange.
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22 | | (215 ILCS 122/5-24 new) |
23 | | Sec. 5-24. Illinois Health Benefits Exchange Advisory |
24 | | Committee. |
25 | | (a) The Director of Insurance shall establish the Illinois |
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1 | | Health Benefits Exchange Advisory Committee no later than |
2 | | December 31, 2023. The Illinois Health Benefits Exchange |
3 | | Advisory Committee shall be tasked with making recommendations |
4 | | to the Marketplace Director of the Illinois Health Benefits |
5 | | Exchange concerning the operation of the exchange, and the |
6 | | Committee shall hold its first meeting no later than 90 days |
7 | | following the establishment of the Committee and shall meet |
8 | | quarterly thereafter. The Marketplace Director shall make a |
9 | | quarterly report to the Committee. |
10 | | (b) The Department of Insurance shall present regular and |
11 | | timely reports to the Illinois Health Benefits Exchange |
12 | | Advisory Committee regarding the progress in the development |
13 | | and ongoing operations of the Illinois Health Benefits |
14 | | Exchange before its establishment by plan year 2026. The |
15 | | reports shall be posted to the Department of Insurance's |
16 | | website and include information on the Department of |
17 | | Insurance's progress toward establishing and maintaining the |
18 | | Illinois Health Benefits Exchange with the goal of ensuring an |
19 | | effective and efficient transition from the federal platform |
20 | | to the State-based exchange for individuals, employers, and |
21 | | health insurance issuers while mitigating loss of health |
22 | | insurance coverage for any potential consumer. The Department |
23 | | of Insurance's progress reports shall provide information |
24 | | including, but not limited to, transparency, user |
25 | | understandability, plan compliance, outreach and education, |
26 | | systems operations, and annual fiscal projections. The |
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1 | | Department of Insurance shall gather stakeholder input in |
2 | | developing operational plans and preparing the reports for the |
3 | | Illinois Health Benefits Exchange Advisory Committee. |
4 | | (c) The Illinois Health Benefits Exchange Advisory |
5 | | Committee shall include the following members: |
6 | | (1) The Director of Insurance, or the Director's |
7 | | designee, who shall serve ex officio and as co-chair; |
8 | | (2) The Director of Healthcare and Family Services, or |
9 | | the Director's designee, who shall serve ex officio and as |
10 | | co-chair; |
11 | | (3) The Secretary of Human Services, or the |
12 | | Secretary's designee, who shall serve ex officio; and |
13 | | (4) 10 public members, who shall be residents of this |
14 | | State, appointed by the Director of Insurance. The |
15 | | Director shall consider the diversity of this State in the |
16 | | selection of the committee members. The public members |
17 | | shall include: |
18 | | (A) one representative of a statewide organization |
19 | | representing a majority of Illinois hospitals; |
20 | | (B) one representative of a statewide insurance |
21 | | producer professional trade association whose |
22 | | membership is primarily composed of individuals |
23 | | licensed under the Illinois Insurance Code; |
24 | | (C) 2 representatives of a health insurance |
25 | | consumer advocacy group; |
26 | | (D) one representative with expertise in |
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1 | | enrollment and consumer assistance; |
2 | | (E) 2 representatives of health insurance issuers |
3 | | or issuer trade associations, at least one of which |
4 | | represents a State-domiciled mutual health insurance |
5 | | company, with a demonstrated expertise in the business |
6 | | of health insurance or health benefits administration; |
7 | | (F) one representative of a statewide association |
8 | | representing small business owners; |
9 | | (G) one representative of a statewide organization |
10 | | representing physicians; and |
11 | | (H) one academic or research professional with |
12 | | expertise in health insurance. |
13 | | (d) Members of the Illinois Health Benefits Exchange |
14 | | Advisory Committee shall serve for a term of 2 years, shall |
15 | | serve without compensation, and shall not be entitled to |
16 | | reimbursement. The Department of Insurance shall provide |
17 | | administrative support to the Illinois Health Benefits |
18 | | Exchange Advisory Committee. |
19 | | (e) The Committee's quarterly meetings shall be open to |
20 | | the public and subject to the Open Meetings Act.
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21 | | Section 99. Effective date. This Act takes effect upon |
22 | | becoming law.".
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