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| 1 |  | Illinois Health Benefits Exchange to ensure optimal exchange  | 
| 2 |  | performance. | 
| 3 |  |  Section 10. The State Finance Act is amended by adding  | 
| 4 |  | Section 5.990 as follows: | 
| 5 |  |  (30 ILCS 105/5.990 new) | 
| 6 |  |  Sec. 5.990. The Illinois Health Benefits Exchange Fund. | 
| 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)
  | 
| 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: | 
| 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.  | 
| 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. | 
| 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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