Insurance Related Public Acts enacted in 2002

Insurance Related Public Acts enacted in 2002

PA 92-0518
(SB 1046)
Replaces Condominium Property Act provisions concerning (i) insurance for condominium associations and (ii) risk pooling trust funds for condominium associations or common interest community ssociations. Requires that a condominium association maintain property insurance, general liability insurance, and a fidelity bond and liability coverage for directors and officers. Provides that a condominium association may require unit owners to obtain insurance coverage. Requires the Director of Insurance to adopt reasonable rules pertaining to the standards of coverage and administration of risk pooling trust funds. Effective 06-01-02.
PA 92-0530
(SB 989)
Amends Intergovernmental Cooperation Act definition of "public agency" to include any public agency defined in or created under the Act, any local public entity as defined in the Local Governmental and Governmental Employees Tort Immunity Act, and any agency, authority, instrumentality, council, board, service region, district, unit, bureau, commission, municipal corporation, college, or university, whether corporate or otherwise, and any other local governmental body or similar entity that is presently existing or created after the effective date of the amendatory Act.
Stipulates that only public agency members with tax receipts, tax revenues, taxing authority, or other resources sufficient to pay costs and to service debt related to intergovernmental activities, or public agency members created by or as part of a public agency with these powers may enter into contracts in regard to joint self-insurance pools. Effective 02-08-02.
PA 92-0541
(HB 5607)
Amends Insurance Code to modify the interest rate used in calculating nonforfeiture values for individual deferred annuities issued from July 1, 2002 until July 1, 2005, to be 1.5% per annum, rather than the current 3% per annum. Effective 07-01-02.
PA 92-0556
(HB 4989)
Amends Insurance Code to authorize the Director to make reasonable rules and regulations as may be necessary to permit enforcement of the privacy provisions of Title V (Privacy provisions) of the federal Gramm-Leach-Bliley Act (GLBA). Effective 06-24-02.
PA 92-0579
(HB 5842)
Amends 215 ILCS 5/370i and adds 215 ILCS 5/356z.2 to the Insurance Code and 215 ILCS 125/4.5-1 of the Health Maintenance Organization Act. Requires insurance companies to provide prominent disclosure in the policy and certificate that states when the consumer utilizes a non-participating provider for a non-emergency covered service; their benefit payment will be reduced by the insurer. Insurance companies would be required to provide disclosure explaining that the basis of the benefit payment will be determined according to the policy fee schedule, usual and customary charge (which is determined by comparing charges for similar services adjusted to the geographical area where the services are performed), or other method as defined in the policy. Requires that consumers be advised that to obtain further information about the participating status of professional providers and information on out-of-pocket expenses, they must call the toll-free telephone number on their identification card provided by the company. Effective 01-01-03.
PA 92-0587
(SB 1996)
Amends the Insurance Code to provide that a signed disclosure be obtained by the producer if the compensation or fee exceeds 10% of the premium amount. The producer would be required to maintain the requisite fee disclosure for 7 years. Provides that if a policy or contract is cancelled for any reason within 90 days following the inception date, the producer or business entity must refund a prorated portion of the fee or compensation within 30 days after receiving proper documentation that the policy or contract has been cancelled. This legislation also stipulates that at no time can a producer or business entity charge the consumer a fee or compensation for cancellation of any insurance policy or contract. Effective 06-26-03.
PA 92-0594
(SB 2098)
Creates the Senior Pharmaceutical Assistance Act. Creates a Senior Pharmaceutical Assistance Review Committee that consists of 17 members. The twelve members are to be appointed as follows: Each of the four caucus leaders are permitted to appoint 2 members of the General Assembly and 1 member of the general public. Other members of the commission include:
  • Director of Aging or their designee
  • Director of Revenue or their designee
  • Director of Public Aid or their designee
  • Director of Human Services or their designee
  • Director of Public Health or their designee
Effective 06-27-02.
PA 92-0578
(HB 5822)
Amends the Insurance Code (215 ILCS 5/155.32) as well as numerous other Acts to provide that entities and persons regulated under those Acts may conduct transactions in a language other than English through an employee or agent acting as an interpreter or through an interpreter provided by a customer. Effective 06-26-02.
PA 92-0630
(HB 5606)
Amends the Illinois Comprehensive Health Insurance Plan Act (ICHIP) to extend to 90 days, rather than 63, the requirement for an individual to apply for coverage following the involuntary termination of the individual health insurance coverage due to the insolvency of an insurance carrier.
Effective 07-11-02.
PA 92-0669
(HB 4371)
Amends the Insurance Code to create a new section (215 ILCS 5/143.24c) which stipulates that an insurer may not cancel, refuse to issue, or refuse to renew a policy solely on the basis that one or more claims have been made during the preceding 60 months for a loss that is the result of a hate crime committed against the person or property insured if they provide evidence to the insurer that the act causing the loss is identified as a hate crime on a police report. Defines an insured (for purposes of the applicability of the new change) to be an individual, a religious organization (as defined by federal law), an educational organization (as defined by federal law), and a nonprofit organization (as described in federal law) that is operating for religious, charitable or educational purposes. Also provides that a violation of this legislation constitutes an unfair method of competition or deceptive business practice.
Effective 01-01-03.
PA 92-0745
(SB 2245)
Amends the current prompt pay law of the Insurance Code (215 ILCS 5/368a) to require Physician Hospital Organizations (PHOs) and Individual Practice/Provider Associations (IPAs) to make periodic provider payments (capitation) after the enrollee has selected their health care professional or health care facility in accordance with a monthly periodic schedule. Represents a cleanup to the prompt pay statute by deleting the phase-in provisions applicable only to IPAs and PHOs which stated that "Before January 1, 2001, subsequent periodic payments shall be made in accordance with a 60-day periodic schedule, and after December 31, 2000, subsequent periodic payments shall be made in accordance with a monthly periodic schedule."
Effective 01-01-03.
PA 92-0751
(HB 4407)
Amends the Illinois Vehicle Code to provide that if an insurance company has paid a total loss claim for hail damage that does not affect the operational safety of a vehicle the registered owner may retain the vehicle.
Effective 08-02-02.
PA 92-0764
(HB 1889)
Amends the Insurance Code, Health Maintenance Organization Act, Voluntary Health Services Plans Act, and the State Employees Group Insurance Act of 1971 to require policies of individual and group insurance provide coverage for charges incurred for hospital care and anesthetics which are provided in conjunction with dental care provided in a hospital, ambulatory surgical treatment center or by a certified anesthesiologist. This legislation limits coverage to: 1) children under the age of 6; 2) individuals with a medical condition that requires hospitalization or 3) general anesthesia for dental care, or for disabled individuals.
Effective 01-01-03.
PA 92-0770
(HB 4220)
Amends the Managed Care Reform and Patient Rights Act to prohibit health care plans (HMOs) from requiring enrollees in both individual and group contracts to utilize the services of a physician other than their attending physician without the agreement of the enrollee's attending physician.
Effective 01-01-03.
PA 92-0775
(HB 5615)
Amends the Vehicle Code to provide that a person convicted a third or subsequent time for driving without liability insurance must submit proof of financial responsibility to the Illinois Secretary of State for at least one year. This legislation also requires that the Illinois Secretary of State must suspend the license of any person who fails to provide the required proof of financial responsibility.
Effective 07-01-03.
PA 92-0835
(HB 4975)
Amends the Illinois Vehicle Code to provide that if the permitted user of a new or used vehicle dealer's automobile has a liability insurance policy that provides for liability coverage of at least $100,000 for bodily injury to or the death of any person, $300,000 for bodily injury to or the death of any 2 or more persons in any one accident, and $50,000 for damage to property, then the permitted user's insurer is considered primary and the dealer's insurance policy is secondary. If the permitted user does not have a liability insurance policy that provides for the specified limits or they do not have any insurance at all, then the new and used vehicle dealer's insurer is considered the primary insurer and the permitted user's insurer is secondary.

Also requires that when a permitted user is "test driving" a new or used vehicle dealer's automobile, the dealer's insurance is to be considered primary and the permitted user's insurance is secondary. House Bill 4975 defines the term "permitted user" as a person who, with the permission of the new or used vehicle dealer or an employee of the vehicle dealer, drives a vehicle owned and held for sale or lease by the vehicle dealer which the person is considering to purchase or lease, in order to evaluate the performance, reliability, or condition of the vehicle. The term "permitted user" also includes a person who, with the permission of the dealer, drives a vehicle owned or held for sale or lease by the vehicle dealer for loaner purposes while the user's vehicle is being repaired or evaluated. According to House Bill 4975, "test driving" occurs when a permitted user who, with the permission of the new or used vehicle dealer or an employee of the dealer, drives a vehicle owned and held for sale or lease by a vehicle dealer that the person is considering to purchase or lease in order to evaluate the performance, reliability, or condition of the vehicle. Also defines the term "loaner purposes" to mean when a person who, with the permission of a new or used vehicle dealer, drives a vehicle owned or held for sale or lease by the vehicle dealer while the user's vehicle is being repaired or evaluated..
Effective 07-01-03.