2015 Bill Tracking - End of Session (Status as of August, 2015) Health HB 1 Creates the Heroin Crisis Act. Provides for coordination of various government programs to address the ongoing heroin crisis. Status: Sent to the Governor HB 235 Requires individual or group policies of accident and health insurance amended, delivered, issued, or renewed after the effective date of the amendatory Act to cover anesthetics provided by a dentist who has obtained a permit for the administration of anesthetics under the Illinois Dental Practice Act (rather than just anesthetics provided). Lowers the age of the provided coverage from 26 to 19. Provides that covered individuals shall be required to make 2 visits to the dental care provider prior to accessing provided coverage. Status: Sent to the Governor HB 1335 Creates the Right to Try Act. Provides that an eligible patient with a terminal illness who has considered all other treatment options approved by the United States Food and Drug Administration may acquire from a manufacturer an investigational drug, biological product, or device that has successfully completed Phase I of a clinical trial, but has not been approved for general use by the United States Food and Drug Administration. Provides that an accident and health insurer may, but is not required to, provide coverage for an eligible patient seeking such a drug, product, or device. Status: Passed both Houses HB 2763 Amends the Illinois Insurance Code. Provides that payment for services rendered by a registered surgical assistant who is neither an employee of an ambulatory surgical treatment center nor an employee of a hospital shall be paid at the appropriate non-physician modifier rate if the payor would have made payment had the same services been provided by a physician. Status: Sent to the Governor HB 3137 Creates the Topical Eye Medication Act. Provides that every insurer that amends, delivers, issues, or renews an individual or group policy of accident and health insurance in this State that provides coverage for prescription topical eye medication shall not deny coverage for the refilling of a prescription for topical eye medication when certain conditions are met. Status: Public Act 99-0226 HB 3673 Amends the Illinois Insurance Code and the Illinois Public Aid Code. With regard to the respective requirements concerning coverage and payment for screening by low-dose mammography for all women 35 years of age or older for the presence of occult breast cancer, includes a screening MRI when medically necessary, as determined by a physician licensed to practice medicine in all of its branches, and if the American Cancer Society's guidelines for appropriate use for women at high risk for breast cancer are met. Status: Sent to the Governor SB 54 Amends the Illinois Insurance Code and the Health Maintenance Organization Act. May include breast tomosynthesis in the definition of "low-dose mammography". Status: Sent to the Governor SB 1764 Provides that insurers offering accident and health insurance to groups of more than 25 employees provide coverage for infertility treatments to covered individuals unable to attain a viable pregnancy or maintain a viable pregnancy (previously covered just those unable to sustain a successful pregnancy). Status: Public Act 99-0167 Life & Benefits HB 3086 Provides that the voting power or value of the beneficial interest or shares of a real estate investment trust does not include any voting power or value of beneficial interest or shares in a real estate investment trust held directly or indirectly in a segregated asset account by a life insurance company for the benefit of persons who are immune or exempt from taxation under subtitle A of the Internal Revenue Code. Status: Public Act 99-0167 SB 94 Valuation of Policies Amends the Illinois Insurance Code. Specifies that the requirement that the Director annually value, or cause to be valued, the reserve liabilities for all outstanding life insurance policies and annuity and pure endowment contracts of every life insurance company doing business in the State applies to policies and contracts issued prior to the operative date of the Valuation Manual. Specifies that the requirement that the Director annually value, or cause to be valued, the reserve liabilities for all outstanding life insurance contracts, annuity and pure endowment contracts, accident and health contracts, and deposittype contracts of every company issued on or after the operative date of the Valuation Manual applies to policies and contracts issued on or after the operative date of the Valuation Manual. Allows the Director of Insurance to adopt rules allowing disciplinary actions against a company or appointed actuary in connection with actuarial opinions of reserves after the operative date of the Valuation Manual. Removes provisions exempting certain domestic companies with less than $300,000,000 of ordinary life insurance premiums from certain requirements concerning the Valuation Manual. Status: Public Act 99-0162 SB 1268 Structured Settlement Transfer. Amends the Structured Settlement Protection Act. Makes changes to the definitions of "interested parties" and "structured settlement". Makes changes to the effects of a transfer of structured settlement payment rights approved under the Structured Settlement Protection Act. Makes several additional changes to the Act. Effective immediately. Status: Sent to Governor SB 1383 Creates the "Achieving a Better Life Experience" or "ABLE" account program to encourage and assist individuals and families in saving private funds for the purpose of supporting persons with disabilities in endeavors to maintain health, independence, and quality of life, and to provide secure funding for disability-related expenses on behalf of designated beneficiaries with disabilities that will supplement, but not supplant, benefits provided through private insurance, federal and State medical and disability insurance, the beneficiary's employment, and other sources. Status: Public Act 99-0145 Agent HB 1051 Replaces everything after the enacting clause. Amends the Transportation Network Providers Act. Provides that if a transportation network company's insurer makes a payment for a claim covered under comprehensive coverage or collision coverage, the transportation network company shall cause its insurer to issue the payment directly to the business repairing the vehicle, or jointly to the owner of the vehicle and the primary lienholder on the covered vehicle. Provides that a unit of local government, whether or not it is a home rule unit, may not regulate transportation network companies, transportation network company drivers, or transportation network company services in a manner that is less restrictive than the regulation by the State. Status: Public Act 99-0056 HB 4015 Limited Lines Producer License. Amends the Illinois Insurance Code. Provides that a business entity may be issued a limited lines producer license for credit life and credit accident and health insurance and other credit insurance policies approved or permitted by the Director of Insurance, provided certain requirements are met. Prohibits a business entity holding a limited lines license from advertising, representing, or otherwise holding itself or any of its employees out as licensed insurers, insurance producers, insurance agents, or insurance brokers. Status: Public Act 99-0161 SB 162 Workers Compensation. Amends the Workers' Compensation Act. Provides that accidental injuries sustained by employees while traveling to or from work do not arise out of and in the course of employment. Creates the Workers' Compensation Ombudsman Program as an office within the Illinois Workers' Compensation Commission. Provides for personnel, duties, reports, and other matters. Creates the Workers' Compensation Edit, Alignment, and Reform Commission ("WEAR Commission") to develop a proposed recodification of the Workers' Compensation Act that meets specified goals. Provides for membership, administrative support, a report, and other matters. Provides that the Illinois Workers' Compensation Commission shall procure and implement a computer system to replace its current computer system. Sets forth capabilities of the new system. Provides that the Illinois Workers' Compensation Commission shall ensure that parties practicing before the Commission, including injured employees, are aware of the changes required by the new system. Amends provisions regarding determination of permanent partial disability by providing that a report of impairment prepared pursuant to specified provisions is not required for the arbitrator or Commission to approve a Settlement Contract Lump Sum Petition. Provides that the fraud and insurance non-compliance unit shall be within the Illinois Workers' Compensation Commission (rather than within the Department of Insurance). Adds provisions regarding billing by health care providers for treatments, procedures, or services for a workrelated illness or injury, including petitions for enforcement of specified provisions and interest and fines under specified circumstances. Adds requirements regarding the responsibility of the Director of Insurance to adopt rules regarding electronic claims. Makes other changes. Status: Passed Senate – House Referred to Rules SB 626 Rental Cars – Limited Liability for Damage. Amends the Illinois Vehicle Code. Provides for the total liability of a renter for damage to a motor vehicle with a Manufacturer's Suggested Retail Price (MSRP) of $50,000 or less. Provides for the total liability of a renter for damage to a motor vehicle with a MSRP of more than $50,000. Provides that the maximum recovery for a motor vehicle with a MSRP of more than $50,000 shall not exceed $40,000 on the effective date of this amendatory. Status: Public Act 99-0201 SB 810 Public Adjuster Retesting. Amends the Illinois Insurance Code. In provisions concerning the written examination for a public adjuster license, reduces the waiting period for retaking the examination for an individual who fails from 90 days to 7 days. Provides that an individual who fails to pass on his or her second or subsequent attempt must wait 30 days prior to rescheduling an examination. Status: Sent to the Governor SB 1334 Provides that each State agency and public institution of higher education that manages professional service contracts, including insurance, shall adopt policies and implementation procedures for increasing the use of businesses owned by minorities, females, and persons with disabilities to not less than 20% of State contracts. Status: Sent to the Governor SB 1680 Electronic Document Delivery. Amends the Illinois Insurance Code. Provides that notice to a party, and any other document that is required under applicable law in an insurance transaction or that serves as evidence of insurance coverage, may be stored, presented, and delivered by electronic means. Provides that delivery of a notice or document by electronic means shall be considered equivalent to any delivery method required under applicable law, including delivery by first class mail; first class mail, postage prepaid; certified mail; or registered mail. Status: Sent to the Governor SB 1833 Amends the Personal Information Protection Act. Expands the scope of information to be protected to include medical, health insurance, biometric, consumer . Requires notice of breaches of security to be provided to the Attorney General. Requires privacy policies to be posted. Status: Sent to the Governor Property & Casualty HB 123 Increases amounts and penalties for Mining Operator Bonds. Amends the Surface-Mined Land Conservation and Reclamation Act. Changes certain provisions concerning the amount of any bond that is required to be filed with the Department of Natural Resources by an operator. Provides that the penalty of such bonds shall be an amount between $600 and $10,000 (was between $600 and $5,000) per acre as determined by the Director of Natural Resources for lands to be affected by surface mining, including slurry and gob disposal areas. Provides that, under circumstances where a written agreement between the operator and a third party require overburden to be removed, replaced, graded, and seeded in a manner that the necessary bond penalty exceeds $10,000 per acre, the Department shall require a bond amount sufficient to ensure the completion of the reclamation plan specified in the approved permit in the event of forfeiture. Provides that in no case shall the bond for the entire area under one permit be less than $600 per acre or $3,000, whichever is greater. Status: Public Act 99-0224 HB 439 Transport Insurance. Amends the Illinois Vehicle Code. Requires a contract carrier transporting employees, including but not limited to railroad employees, to verify hit and run and uninsured motor vehicle coverage, as well as underinsured motor vehicle coverage in an amount not less than $500,000 per passenger beginning on January 1, 2016, and not less than $750,000 per passenger on and after January 1, 2020. Status: Sent to Governor HB 2635 Amends the Mechanics Lien Act. Provides that an applicant may at any time file a petition to substitute a bond for the property subject to a lien claim under the Act with the clerk of the circuit court of the county in which the property against which the lien claim is asserted is located, or, if there is a pending action to enforce the lien claim, an applicant may timely apply to become a party to the pending action at any time before a final judgment is rendered and file a petition to substitute a bond for the property subject to the lien claim in the pending action. Status: Public Act 99-0178 HB 3382 Amends the Illinois Motor Vehicle Theft Prevention Act. Eliminates references to the Illinois Criminal Justice Information Authority within the Act. Removes the Motor Vehicle Theft Prevention Trust Fund from the State treasury. Provides that money in the Motor Vehicle Theft Prevention Trust Fund shall be used to pay the administrative costs to support the Illinois Motor Vehicle Theft Prevention Council, not to exceed 10% in any one fiscal year of other amounts collected under the Act (currently, to pay the Authority's costs to administer the Council). Requires the Trust Fund to be administered by a statewide association representing property and casualty insurance companies that pay into the Trust Fund (instead of the Executive Director of the Authority). Makes changes to the purpose of the Act and to the powers of the Illinois Motor Vehicle Theft Prevention Council. Provides that moneys in the State Police Motor Vehicle Trust Fund shall be used by the Department of State Police for motor vehicle fraud prevention purposes in addition to motor vehicle theft prevention purposes. Status: Re-Referred to Rules HB 3485 Creates the Fair Practices in Contracting Task Force. Provides that the Task Force shall address the disparity in State procurement awards to African-American-owned businesses. Provides for the composition and administrative support of the Task Force. Status: Sent to Governor SB 44 Creates the Unmanned Aerial System Oversight Task Force Act. Creates the Unmanned Aerial System Oversight Task Force. Status: Sent to the Governor SB 781 Provides that no fire protection district will be required to assume responsibly for the fire protection of any municipality which discontinues its fire department unless the fire protection district's Board of Trustees has agreed to do so. Status: Sent to the Governor SB 1441 Motor Vehicle Towing. Amends the Illinois Vehicle Code concerning towing services and the towing of vehicles that require a CDL to operate. Sent to the Governor SB 1571 Amends the Compassionate Use of Medical Cannabis Pilot Program. Provides that nothing in the Act may be construed to require an employer or a property and casualty insurer to reimburse a person for costs associated with the medical use of cannabis. Status: Public Act 99-0031 SB 1620 Amends the Illinois Motor Vehicle Theft Prevention Act. Extends the repeal date of the Illinois Motor Vehicle Theft Prevention Act to January 1, 2020. Status: Public Act 99-0251 SB 1781 Amends the Illinois Insurance Code. Provides that obligations arising under an insurance policy written to indemnify a permissibly self-insured employer under the Workers' Compensation Act for its liability to pay workers' compensation benefits in excess of a specific or aggregate retention shall be subject to the applicable per-claim limits set forth. Status: Sent to the Governor SB 1782 Amends the Illinois Insurance Code. Provides that if the Illinois Insurance Guaranty Fund pays a covered claim without the exhaustion of other coverage, the Fund shall have an independent right of recovery against each insurer whose coverage was not exhausted. Provides that the extent of the Fund's subrogation rights and any other rights of reimbursement with respect to its covered claims payments shall be determined independently by taking into account the Fund's independent rights of recovery. Status: Sent to the Governor SB 1805 Provides that any insurer with less than $200,000,000 in group surplus authorized to issue workers' compensation policies with a per-occurrence deductible of $100,000 or greater shall report the outstanding obligations owed under the deductible as liabilities of the insurer, unless the obligation is fully collateralized, and limit per-occurrence deductible obligations. Requires insurers to require full collateralization of outstanding obligations owed under large deductible agreements using certain methods. Provides that one method for collateralization is through cash or securities held in trust by a third party or by the insurer. Provides that insurers shall limit the size of a policyholder's obligations under a large deductible agreement to no greater than 20% of the total net worth of the policyholder Status: Sent to the Governor