Bill Text: IL HB2494 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Public Utilities Act in relation to on-bill financing programs. Provides for the inclusion of energy efficiency and demand-response plans under those programs.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1055 [HB2494 Detail]
Download: Illinois-2013-HB2494-Amended.html
Bill Title: Amends the Public Utilities Act in relation to on-bill financing programs. Provides for the inclusion of energy efficiency and demand-response plans under those programs.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1055 [HB2494 Detail]
Download: Illinois-2013-HB2494-Amended.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 2494
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 2494 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The State Employees Group Insurance Act of 1971 | ||||||
5 | is amended by changing Section 5 as follows:
| ||||||
6 | (5 ILCS 375/5) (from Ch. 127, par. 525)
| ||||||
7 | Sec. 5. Employee benefits; declaration of State policy.
The | ||||||
8 | General Assembly declares that it is the policy of the State | ||||||
9 | and in the best interest of the State to assure quality | ||||||
10 | benefits to members and their dependents under this Act. The | ||||||
11 | implementation of this policy depends upon, among other things, | ||||||
12 | stability and continuity of coverage, care, and services under | ||||||
13 | benefit programs for members and their dependents. | ||||||
14 | Specifically, but without limitation, members should have | ||||||
15 | continued access, on substantially similar terms and | ||||||
16 | conditions, to trusted family health care providers with whom |
| |||||||
| |||||||
1 | they have developed long-term relationships through a benefit | ||||||
2 | program under this Act. Therefore, the Director must administer | ||||||
3 | this Act consistent with that State policy, but may consider | ||||||
4 | affordability, cost of coverage and care, and competition among | ||||||
5 | health insurers and providers. All contracts for provision of | ||||||
6 | employee benefits, including those portions of any proposed | ||||||
7 | collective bargaining agreement that would require | ||||||
8 | implementation through contracts entered into under this Act, | ||||||
9 | are subject to the following requirements: | ||||||
10 | (i) By April 1 of each year, the Director must report | ||||||
11 | and provide information to the Commission concerning the | ||||||
12 | status of the employee benefits program to be offered for | ||||||
13 | the next fiscal year. Information includes, but is not | ||||||
14 | limited to, documents, reports of negotiations, bid | ||||||
15 | invitations, requests for proposals, specifications, | ||||||
16 | copies of proposed and final contracts or agreements, and | ||||||
17 | any other materials concerning contracts or agreements for | ||||||
18 | the employee benefits program. By the first of each month | ||||||
19 | thereafter, the Director must provide updated, and any new, | ||||||
20 | information to the Commission until the employee benefits | ||||||
21 | program for the next fiscal year is determined. In addition | ||||||
22 | to these monthly reporting requirements, at any time the | ||||||
23 | Commission makes a written request, the Director must | ||||||
24 | promptly, but in no event later than 5 business days after | ||||||
25 | receipt of the request, provide to the Commission any | ||||||
26 | additional requested information in the possession of the |
| |||||||
| |||||||
1 | Director concerning employee benefits programs. The | ||||||
2 | Commission may waive any of the reporting requirements of | ||||||
3 | this item (i) upon the written request by the Director. Any | ||||||
4 | waiver granted under this item (i) must be in writing. | ||||||
5 | Nothing in this item is intended to abrogate any | ||||||
6 | attorney-client privilege.
| ||||||
7 | (ii) Within 30 days after notice of the awarding or | ||||||
8 | letting of a contract has appeared in the Illinois | ||||||
9 | Procurement Bulletin in accordance with subsection (b) of | ||||||
10 | Section 15-25 of the Illinois Procurement Code, the | ||||||
11 | Commission may request in writing from the Director and the | ||||||
12 | Director shall promptly, but in no event later than 5 | ||||||
13 | business days after receipt of the request, provide to the | ||||||
14 | Commission information in the possession of the Director | ||||||
15 | concerning the proposed contract. Nothing in this item is | ||||||
16 | intended to waive or abrogate any privilege or right of | ||||||
17 | confidentiality authorized by law. | ||||||
18 | (iii) Except as otherwise provided in this item (iii), | ||||||
19 | no contract subject to this Section may be entered into | ||||||
20 | until the 30-day period described in item (ii) has expired, | ||||||
21 | unless the Director requests in writing that the Commission | ||||||
22 | waive the period and the Commission grants the waiver in | ||||||
23 | writing. This item (iii) does not apply to any contract | ||||||
24 | entered into after the effective date of this amendatory | ||||||
25 | Act of the 98th General Assembly and through January 1, | ||||||
26 | 2014 to provide a program of group health benefits for |
| |||||||
| |||||||
1 | Medicare-primary members and their Medicare-primary | ||||||
2 | dependents that is comparable in stability and continuity | ||||||
3 | of coverage, care, and services to the program of health | ||||||
4 | benefits offered to other members and their dependents | ||||||
5 | under this Act. | ||||||
6 | (iv) If the Director seeks to make any substantive | ||||||
7 | modification to any provision of a proposed contract after | ||||||
8 | it is submitted to the Commission in accordance with item | ||||||
9 | (ii), the modified contract shall be subject to the | ||||||
10 | requirements of items (ii) and (iii) unless the Commission | ||||||
11 | agrees, in writing, to a waiver of those requirements with | ||||||
12 | respect to the modified contract.
| ||||||
13 | (v) By the date of the beginning of the annual benefit | ||||||
14 | choice period, the Director must transmit to the Commission | ||||||
15 | a copy of each final contract or agreement for the employee | ||||||
16 | benefits program to be offered for the next fiscal year. | ||||||
17 | The annual benefit choice period for an employee benefits | ||||||
18 | program must begin on May 1 of the fiscal year preceding | ||||||
19 | the year for which the program is to be offered. If, | ||||||
20 | however, in any such preceding fiscal year collective | ||||||
21 | bargaining over employee benefit programs for the next | ||||||
22 | fiscal year remains pending on April 15, the beginning date | ||||||
23 | of the annual benefit choice period shall be not later than | ||||||
24 | 15 days after ratification of the collective bargaining | ||||||
25 | agreement.
| ||||||
26 | (vi) The Director must provide the reports, |
| |||||||
| |||||||
1 | information, and contracts required under items (i), (ii), | ||||||
2 | (iv), and (v) by electronic or other means satisfactory to | ||||||
3 | the Commission. Reports, information, and contracts in the | ||||||
4 | possession of the Commission pursuant to items (i), (ii), | ||||||
5 | (iv), and (v) are exempt from disclosure by the Commission | ||||||
6 | and its members and employees under the Freedom of | ||||||
7 | Information Act. Reports, information, and contracts | ||||||
8 | received by the Commission pursuant to items (i), (ii), | ||||||
9 | (iv), and (v) must be kept confidential by and may not be | ||||||
10 | disclosed or used by the Commission or its members or | ||||||
11 | employees if such disclosure or use could compromise the | ||||||
12 | fairness or integrity of the procurement, bidding, or | ||||||
13 | contract process. Commission meetings, or portions of | ||||||
14 | Commission meetings, in which reports, information, and | ||||||
15 | contracts received by the Commission pursuant to items (i), | ||||||
16 | (ii), (iv), and (v) are discussed must be closed if | ||||||
17 | disclosure or use of the report or information could | ||||||
18 | compromise the fairness or integrity of the procurement, | ||||||
19 | bidding, or contract process.
| ||||||
20 | All contracts entered into under this Section are subject | ||||||
21 | to appropriation and shall comply with Section 20-60(b) of the | ||||||
22 | Illinois Procurement Code (30 ILCS 500/20-60(b)).
| ||||||
23 | The Director shall contract or otherwise make available | ||||||
24 | group
life insurance, health benefits and other
employee | ||||||
25 | benefits to eligible members and, where elected,
their eligible | ||||||
26 | dependents. Any contract or, if
applicable, contracts or other |
| |||||||
| |||||||
1 | arrangement for provision of benefits
shall be on terms | ||||||
2 | consistent with State policy and
based on, but not limited to, | ||||||
3 | such
criteria as administrative cost, service capabilities of | ||||||
4 | the carrier
or other contractor and premiums, fees or charges | ||||||
5 | as related to benefits.
| ||||||
6 | Notwithstanding any other provisions of this Act, by | ||||||
7 | January 1, 2014, the Department of Central Management Services, | ||||||
8 | in consultation with and subject to the approval of the Chief | ||||||
9 | Procurement Officer, shall contract or make otherwise | ||||||
10 | available a program of group health benefits for | ||||||
11 | Medicare-primary members and their Medicare-primary | ||||||
12 | dependents. The Director may procure a single contract or | ||||||
13 | multiple contracts that provide a program of group health | ||||||
14 | benefits that is comparable in stability and continuity of | ||||||
15 | coverage, care, and services to the program of health benefits | ||||||
16 | offered to other members and their dependents under this Act. | ||||||
17 | The initial procurement of a contract or contracts under this | ||||||
18 | paragraph is not subject to the provisions of the Illinois | ||||||
19 | Procurement Code, except for Sections 20-60, 20-65, 20-70, and | ||||||
20 | 20-160 and Article 50 of that Code, provided that the Chief | ||||||
21 | Procurement Officer may, in writing with justification, waive | ||||||
22 | any certification required under Article 50. | ||||||
23 | At least 2 group health benefits providers must be | ||||||
24 | available to Medicare-primary members and their | ||||||
25 | Medicare-primary dependents in each county in the State, with | ||||||
26 | at least one of those providers being a managed care option. |
| |||||||
| |||||||
1 | The Department must conduct a supplemental procurement to | ||||||
2 | ensure that such options are available. The deadline for | ||||||
3 | enrolling in a program of group health benefits for | ||||||
4 | Medicare-primary members and their Medicare-primary dependents | ||||||
5 | shall be extended to such a date as to ensure that at least 2 | ||||||
6 | options are available as required by this Section. | ||||||
7 | The Director may prepare and issue specifications
for group | ||||||
8 | life insurance, health benefits, other employee benefits
and | ||||||
9 | administrative services for the purpose of receiving proposals
| ||||||
10 | from interested parties.
| ||||||
11 | The Director is authorized to execute a contract, or
| ||||||
12 | contracts, for the programs of group life insurance, health
| ||||||
13 | benefits, other employee benefits and administrative services
| ||||||
14 | authorized by this Act (including, without limitation, | ||||||
15 | prescription drug benefits). All of the benefits provided under | ||||||
16 | this Act may be
included in one or more contracts, or the | ||||||
17 | benefits may be classified into
different types with each type | ||||||
18 | included under one or more similar contracts
with the same or | ||||||
19 | different companies.
| ||||||
20 | The term of any contract may not extend beyond 5 fiscal | ||||||
21 | years.
Upon recommendation of the Commission, the Director may | ||||||
22 | exercise renewal
options of the same contract for up to a | ||||||
23 | period of 5 years. Any
increases in premiums, fees or charges | ||||||
24 | requested by a contractor whose
contract may be renewed | ||||||
25 | pursuant to a renewal option contained therein,
must be | ||||||
26 | justified on the basis of (1) audited experience data, (2)
|
| |||||||
| |||||||
1 | increases in the costs of health care services provided under | ||||||
2 | the contract,
(3) contractor performance, (4) increases in | ||||||
3 | contractor responsibilities,
or (5) any combination thereof.
| ||||||
4 | Any contractor shall agree to abide by all
requirements of | ||||||
5 | this Act and Rules and Regulations promulgated and adopted
| ||||||
6 | thereto; to submit such information and data as may from time | ||||||
7 | to time be
deemed necessary by the Director for effective | ||||||
8 | administration of the
provisions of this Act and the programs | ||||||
9 | established
hereunder, and to fully cooperate in any audit.
| ||||||
10 | (Source: P.A. 98-19, eff. 6-10-13.)
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
|