Illinois Department of Financial and Professional Regulation



| |Illinois Department of Insurance |

| |Legislative Affairs Office |

| | |

|PAT QUINN | |Michael T. McRaith |

|Governor | |Director |

| | |Department of Insurance |

| | |Melissa D. Hanson |

| | |Director |

| | |Legislative Affairs |

2009 End of Session Report

|House bills |

|HB 0070 |INS PRODUCER LICENSE REQUIRMTS |Each license renewal, an insurance producer must satisfactorily complete|96-0839 |

| |Colvin/Jacobs |at least 24 hours (instead of 30 hours) of course study and that at | |

| | |least 3 hours must consist of classroom ethics instruction | |

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|HB 0152 |IMMUNOSUPPRESS- ANT DRUGS ACT |Provides that at least 60 days prior to making any formulary change that|96-0766 |

| |Mendoza/Frerichs |alters the terms of coverage for a patient receiving immunosuppressant | |

| | |drugs or discontinues coverage for a prescribed immunosuppressant drug | |

| | |that a patient is receiving, a policy or plan sponsor must, to the | |

| | |extent possible, notify the prescribing physician and the patient. | |

| | | | |

|HB 0244 |INSURANCE COVERAGE MS THERAPY |Require coverage for medically necessary preventative physical therapy |96-0139 |

| |Pritchard/Holmes |for insureds diagnosed with multiple sclerosis. | |

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|HB 0370 |VEH CD-UNINSURED OPERATION |Provides that a person commits the offense of operation of an uninsured |96-0143 |

| |Bradley/Forby |motor vehicle causing bodily harm (a Class A misdemeanor) when the | |

| | |person (i) operates a motor vehicle in violation of the mandatory | |

| | |insurance provisions of the Illinois Vehicle Code requiring certain | |

| | |motor vehicles operated on public highways to be covered by a liability | |

| | |insurance policy, and (ii) causes bodily harm to another person as a | |

| | |proximate result of the driver's uninsured operation of the motor | |

| | |vehicle. | |

| | | | |

|HB 0394 |INS CD-ANNUAL STATEMENTS |Necessary statutory changes for NAIC accreditation. HB 0394 states that|96-0145 |

| |Brady/Haine |every property and casualty insurance company doing business in this | |

| | |State, unless otherwise exempted by the Director of Insurance, shall | |

| | |annually submit the opinion of an appointed actuary entitled "Statement | |

| | |of Actuarial Opinion". Provides that the opinion shall be filed in | |

| | |accordance with the appropriate National Association of Insurance | |

| | |Commissioners Property and Casualty Annual Statement Instructions. | |

| | |Provides that every property and casualty insurance company domiciled in| |

| | |this State that is required to submit a Statement of Actuarial Opinion | |

| | |shall annually submit an Actuarial Opinion Summary, written by the | |

| | |company's appointed actuary. Provides that an Actuarial Report and | |

| | |underlying work papers as required by the appropriate National | |

| | |Association of Insurance Commissioners Property and Casualty Annual | |

| | |Statement Instructions shall be prepared to support each Actuarial | |

| | |Opinion. Provides that the appointed actuary shall not be liable for | |

| | |damages to any person (other than the insurance company and the | |

| | |Director) for any act, error, omission, decision, or conduct with | |

| | |respect to the actuary's opinion, except in cases of fraud or willful | |

| | |misconduct on the part of the appointed actuary. | |

| | | | |

|HB 0490 |INS CD - ID THEFT FACT SHEET |Develop an appropriate consumer fact sheet to be provided to consumers, |96-0167 |

| |Fortner/Bomke |either via the Department's website or by hard copy if requested, | |

| | |regarding identity theft insurance. | |

| | | | |

|HB 0812 |INS CD - MANDATED BENEFITS |Certain Sections of the Illinois Insurance Code do not apply to |96-0180 |

| |Mautino/Haine |short-term travel, disability income, long-term care, accident only, or | |

| | |limited or specified disease policies. | |

| | | | |

|HB 1115 |CREATE DEPT OF INSURANCE |Provides that Executive Order No. 2004-6 is superseded by the Act. |96-0811 |

| |Osmond/Haine |Abolishes the Division of Insurance within the Department of Financial | |

| | |and Professional Regulation and creates the Department of Insurance. | |

| | |Transfers all the powers, duties, rights, and responsibilities of the | |

| | |Division of Insurance within the Department of Financial and | |

| | |Professional Regulation to the Department of Insurance. | |

| | | | |

|HB 2275 |INS - REFERENCE COMPENDIA |Set forth certain reference compendia and other authoritative compendia,|96-0457 |

| |Osmond/Demuzio |as identified by DHHS, in which a drug must be recognized for the | |

| | |treatment of the specific type of cancer for which the drug has been | |

| | |prescribed. | |

| | | | |

|HB 2325 |INS CD-CONTINUING COVERAGE |Makes changes to the provisions concerning notice of continuation rights|96-0013 |

| |May/Garrett |(also called mini-COBRA). | |

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|HB 2652 |INS CD - ORTHOTIC COVERAGE |Provide that a group or individual major medical policy of accident or |96-0833 |

| |Joyce/Munoz |health insurance or managed care plan or medical, health, or hospital | |

| | |service | |

| | |corporation contract that provides coverage for prosthetic or custom | |

| | |orthotic care and is amended, delivered, issued, or renewed 6 months | |

| | |after the effective date of the amendatory Act must provide coverage for| |

| | |prosthetic and orthotic devices in accordance with specified provisions.| |

| | |Provides that the required coverage shall be subject to the other | |

| | |general exclusions, limitations, and financial requirements of the | |

| | |policy, including coordination of benefits, participating provider | |

| | |requirements, utilization review of health care services, including | |

| | |review of medical necessity, case management, and experimental and | |

| | |investigational treatments, and other managed care provisions under | |

| | |terms and conditions that are no less favorable than the terms and | |

| | |conditions that apply to substantially all medical and surgical benefits| |

| | |provided under the plan or coverage. Provides that repairs and | |

| | |replacements of prosthetic and orthotic devices are also covered. | |

| | |Provides that a policy or plan may require that, if coverage is provided| |

| | |through a managed care plan, the benefits mandated pursuant to the Act | |

| | |shall be covered only if the prosthetic or orthotic devices are provided| |

| | |by a licensed provider employed by a provider service who contracts with| |

| | |or is designated by the carrier | |

|Senate bills |

|SB 1401 |PEN CD-ART 3-END PARTICIPATION |Provides that a municipality having a population of less than 5,000 may |96-0216 |

| |Maloney/Brosnahan |terminate its participation under the Downstate Police Article and close| |

| | |its fund under specified circumstances. Provides a 60-day window for the| |

| | |municipality to make the election to terminate participation. Provides | |

| | |that one of the conditions to be met is that an independent auditor | |

| | |certifies that the fund has no liabilities and there are no members or | |

| | |participants of the fund (rather than no members) and no beneficiaries | |

| | |entitled to benefits under the fund. | |

| | | | |

|SB 1510 |PEN CD-ART 3-BENEFICIARY TRUST |Provides that any benefit to be received by or paid to a dependent |96-0484 |

| |Harmon/Phelps |beneficiary may be received by or paid to a trust established for such | |

| | |dependent beneficiary if the dependent beneficiary is living at the time| |

| | |such benefit would be received by or paid to such trust. | |

| | | | |

|SB 1632 |INS CD-COS NOT SUBJECT TO CD |Title companies not subject to the Code applies to companies organized |96-0334 |

| |Silverstein/Hamos |or doing business under the Title Insurance Act | |

| | | | |

|SB 1877 |INS CD-WELLNESS COVERAGE |Provides that a policy or plan that provides coverage for hospital or |96-0639 |

| |Kotowski/Mathias |medical treatment on an expense incurred basis, may offer wellness | |

| | |coverage that allows for a reward, a health spending account | |

| | |contribution, a reduction in premiums or reduced medical, prescription | |

| | |drug or equipment copayments, coinsurance, or deductibles, or a | |

| | |combination of these incentives. | |

| | | | |

|SB 1974 |PEN CD-ART 3 & 4 TRUSTEE TRAIN |Requires that the training must be completed within the first year that |96-0429 |

| |Harmon/McCarthy |a trustee is elected or appointed. Provides that trustees who are police| |

| | |officers or firefighters or are employed by the municipality shall be | |

| | |permitted time away from their duties to attend that training. Exempts | |

| | |active or appointed trustees serving on the effective date of the | |

| | |amendatory Act from the initial 32-hour trustee certification training. | |

| | |Provides that the training shall be paid for by the pension fund rather | |

| | |than by the trustee's employer. Provides that any board member who does | |

| | |not timely complete the required training is not eligible to serve on | |

| | |the board of trustees of a downstate police or downstate firefighters | |

| | |pension fund, unless the board member completes the missed training | |

| | |within 6 months after the date the member failed to complete the | |

| | |required training. Provides that, in the event of a board member's | |

| | |failure to complete the required training, a successor shall be | |

| | |appointed or elected, as applicable, for the unexpired term. | |

| | | | |

|SB 2091 |VIATICAL SETTLEMENTS |Rewrite of Viatical Settlements Act. Provides for the regulation of |96-0736 |

| |Haine/Mautino |viatical settlement providers, brokers, and life insurance producers | |

| | |acting as brokers who enter into viatical settlements. | |

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