Illinois Senate Bill 1479
Session 103rd
Ins-Regulatory Exam/Compliance
Became Law
Became Law on Aug 9, 2024
Sponsors
2 Sponsors
Laura Fine
Thaddeus Jones
First Action
Feb 7, 2023
Latest Action
Aug 9, 2024
Origin Chamber
Senate
Type
Bill
Bill Number
1479
State
Illinois
Session
103rd
Motion Text
Third Reading
Senate Roll Call Votes
Yes
Didn't Vote
Yes
Yes
Yes
Yes
Johnson
Yes
Didn't Vote
Yes
Yes
Yes
Yes
Didn't Vote
Yes
Yes
Yes
Yes
Simmons
Yes
Yes
Yes
Yes
Yes
Summary
Amends the Illinois Insurance Code. Sets forth provisions concerning market conduct and nonfinancial examinations; market analysis and market conduct actions; access to books and records; examination reports; hearings; disclosures; confidentiality; corrective actions; and immunity to liability of market conduct surveillance personnel. Provides that the Director of Insurance shall collect and report market data to the National Association of Insurance Commissioner's market information systems. Provides that if the Director or an examiner finds that an administrator or pharmacy benefit manager has violated insurance-related laws or regulations under specified circumstances, then, unless the health care payer, health insurer, or plan sponsor is included in the examination and has been afforded the same opportunity to request or participate in a hearing on the examination report, the examination report shall not allege a violation by the health care payer, health insurer, or plan sponsor and the Director's order based on the report shall not impose any requirements, prohibitions, or penalties on the health care payer, health insurer, or plan sponsor. Removes various provisions concerning market conduct and nonfinancial examinations. Defines terms. Makes other changes. Effective immediately.
Senate Committee Amendment No. 1
Adds reference to:
215 ILCS 5/408
from Ch. 73, par. 1020
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Further amends the Illinois Insurance Code. Provides that at a pre-examination conference, the Director of Insurance or authorized market conduct surveillance personnel shall disclose the basis of the examination. Provides that the Director may give a company or person an opportunity to resolve matters that are identified as a result of a market analysis to the Director's satisfaction before undertaking a market conduct action against the company or person. Provides that a failure to produce requested books, records, or documents by a deadline shall not be a violation until the later of specified deadlines. Provides that whenever the Department of Insurance has made substantive changes to a previously shared draft report, unless those changes remove part or all of an alleged violation or were proposed by the examinee, the Department shall deliver the revised version to the examinee as a new draft and shall allow the examinee 30 days to respond before the Department issues a final report. Provides that no corrective action shall be ordered with respect to violations in transactions with consumers or other entities that are isolated occurrences or that occur with such low frequency as to fall below a reasonable margin of error. Provides that the Director may make the results of a data call available for public inspection under certain circumstances. Provides that any failure to respond to an information request in a market conduct action or violation of specified provisions may carry a fine of up to $1,000 per day up to a maximum of $50,000. Authorizes the Director to order a penalty of up $2,000 (rather than $3,000) for each violation of any law, rule, or prior lawful order of the Director. Removes language providing that if an examination report finds a violation by the examinee that the report is unable to quantify such as an operational policy or procedure that conflicts with applicable law, then the Director may order a penalty of up to $10,000 for that violation. Provides that fines and penalties shall be consistent, reasonable, and justifiable, and the Director may consider reasonable criteria including, but not limited to, the examinee's size, consumer harm, the intentionality of any violations, or remedial actions already undertaken by the examinee. Provides that the Director shall communicate to the examinee the basis for any assessed fine or penalty. In a provision requiring examinees to pay for the expenses of a market conduct examination, provides that the costs and fees incurred in a market conduct examination shall be itemized and bills shall be provided to the examinee on a monthly basis for review prior to submission for payment. Makes other changes. Effective January 1, 2025 (rather than effective immediately).
Senate Committee Amendment No. 2
Removes the examinee's size from the criteria for ordering certain fines and penalties.
Introduced
Engrossed
Enrolled
Senate Amendment 001
Sort by most recent
08/09/2024
Senate
Public Act . . . . . . . . . 103-0897
08/09/2024
Senate
Effective Date January 1, 2025
08/09/2024
Senate
Governor Approved
06/21/2024
Senate
Sent to the Governor
05/23/2024
Senate
Passed Both Houses
05/23/2024
House
Third Reading - Short Debate - Passed 111-000-000
05/23/2024
House
Placed on Calendar Order of 3rd Reading - Short Debate
05/22/2024
House
Added Alternate Chief Co-Sponsor Rep. Jeff Keicher
05/21/2024
House
Held on Calendar Order of Second Reading - Short Debate
05/21/2024
House
Second Reading - Short Debate
05/21/2024
House
Placed on Calendar 2nd Reading - Short Debate
05/20/2024
House
Do Pass / Short Debate Insurance Committee; 014-000-000
05/15/2024
House
Added Alternate Chief Co-Sponsor Rep. Rita Mayfield
05/15/2024
House
Added Alternate Chief Co-Sponsor Rep. Bob Morgan
05/13/2024
House
Committee/Final Action Deadline Extended-9(b) May 24, 2024
05/13/2024
House
Assigned to Insurance Committee
05/13/2024
House
Referred to Rules Committee
05/13/2024
House
First Reading
05/09/2024
House
Chief House Sponsor Rep. Thaddeus Jones
05/09/2024
House
Arrived in House
05/09/2024
Senate
Third Reading - Passed; 055-000-000
05/03/2024
Senate
Rule 2-10 Third Reading Deadline Established As May 10, 2024
05/02/2024
Senate
Placed on Calendar Order of 3rd Reading May 7, 2024
05/02/2024
Senate
Second Reading
05/01/2024
Senate
Placed on Calendar Order of 2nd Reading May 2, 2024
05/01/2024
Senate
Do Pass as Amended Insurance; 008-000-000
04/30/2024
Senate
Senate Committee Amendment No. 2 Adopted
04/30/2024
Senate
Senate Committee Amendment No. 1 Adopted
04/30/2024
Senate
Senate Committee Amendment No. 2 Assignments Refers to Insurance
04/24/2024
Senate
Senate Committee Amendment No. 2 Referred to Assignments
04/24/2024
Senate
Senate Committee Amendment No. 2 Filed with Secretary by Sen. Laura Fine
04/24/2024
Senate
Senate Committee Amendment No. 1 Assignments Refers to Insurance
04/17/2024
Senate
Senate Committee Amendment No. 1 Referred to Assignments
04/17/2024
Senate
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Laura Fine
04/16/2024
Senate
Rule 2-10 Third Reading Deadline Established As May 3, 2024
04/16/2024
Senate
Rule 2-10 Committee Deadline Established As May 3, 2024
04/16/2024
Senate
Re-assigned to Insurance
04/10/2024
Senate
Chief Sponsor Changed to Sen. Laura Fine
03/10/2023
Senate
Rule 3-9(a) / Re-referred to Assignments
02/14/2023
Senate
Assigned to Insurance
02/07/2023
Senate
Referred to Assignments
02/07/2023
Senate
First Reading
02/07/2023
Senate
Filed with Secretary by Sen. Ann Gillespie
Sources
IL Legislature
Record Created
Feb 8, 2023 9:35:31 AM
Record Updated
Nov 3, 2024 7:57:31 AM