Illinois 2023-2024 Regular Session

Illinois House Bill HB0579 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0103
2	1		HB0579 EnrolledLRB103 04164 CPF 49170 b HB0579 Enrolled LRB103 04164 CPF 49170 b
3	2		HB0579 Enrolled LRB103 04164 CPF 49170 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Department of Insurance Law is amended by
8		-	adding Section 1405-50 as follows:
9		-	(20 ILCS 1405/1405-50 new)
10		-	Sec. 1405-50. Marketplace Director of the Illinois Health
11		-	Benefits Exchange. The Governor shall appoint, with the advice
12		-	and consent of the Senate, a person within the Department of
13		-	Insurance to serve as the Marketplace Director of the Illinois
14		-	Health Benefits Exchange. The Governor may make a temporary
15		-	appointment until the next meeting of the Senate. This person
16		-	may be an existing employee with other duties. The Marketplace
17		-	Director shall receive an annual salary as set by the Governor
18		-	and shall be paid out of the appropriations to the Department.
19		-	The Marketplace Director shall not be subject to the Personnel
20		-	Code. The Marketplace Director, under the direction of the
21		-	Director, shall manage the operations and staff of the
22		-	Illinois Health Benefits Exchange to ensure optimal exchange
23		-	performance.
24		-	Section 10. The State Finance Act is amended by adding
25		-	Section 5.990 as follows:
	3	+	1 AN ACT concerning regulation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Department of Insurance Law is amended by
	7	+	5 adding Section 1405-50 as follows:
	8	+	6 (20 ILCS 1405/1405-50 new)
	9	+	7 Sec. 1405-50. Marketplace Director of the Illinois Health
	10	+	8 Benefits Exchange. The Governor shall appoint, with the advice
	11	+	9 and consent of the Senate, a person within the Department of
	12	+	10 Insurance to serve as the Marketplace Director of the Illinois
	13	+	11 Health Benefits Exchange. The Governor may make a temporary
	14	+	12 appointment until the next meeting of the Senate. This person
	15	+	13 may be an existing employee with other duties. The Marketplace
	16	+	14 Director shall receive an annual salary as set by the Governor
	17	+	15 and shall be paid out of the appropriations to the Department.
	18	+	16 The Marketplace Director shall not be subject to the Personnel
	19	+	17 Code. The Marketplace Director, under the direction of the
	20	+	18 Director, shall manage the operations and staff of the
	21	+	19 Illinois Health Benefits Exchange to ensure optimal exchange
	22	+	20 performance.
	23	+	21 Section 10. The State Finance Act is amended by adding
	24	+	22 Section 5.990 as follows:
26	25
27	26
28	27
29	28		HB0579 Enrolled LRB103 04164 CPF 49170 b
30	29
31	30
32		-	(30 ILCS 105/5.990 new)
33		-	Sec. 5.990. The Illinois Health Benefits Exchange Fund.
34		-	Section 15. The Illinois Procurement Code is amended by
35		-	changing Section 1-10 as follows:
36		-	(30 ILCS 500/1-10)
37		-	Sec. 1-10. Application.
38		-	(a) This Code applies only to procurements for which
39		-	bidders, offerors, potential contractors, or contractors were
40		-	first solicited on or after July 1, 1998. This Code shall not
41		-	be construed to affect or impair any contract, or any
42		-	provision of a contract, entered into based on a solicitation
43		-	prior to the implementation date of this Code as described in
44		-	Article 99, including, but not limited to, any covenant
45		-	entered into with respect to any revenue bonds or similar
46		-	instruments. All procurements for which contracts are
47		-	solicited between the effective date of Articles 50 and 99 and
48		-	July 1, 1998 shall be substantially in accordance with this
49		-	Code and its intent.
50		-	(b) This Code shall apply regardless of the source of the
51		-	funds with which the contracts are paid, including federal
52		-	assistance moneys. This Code shall not apply to:
53		-	(1) Contracts between the State and its political
54		-	subdivisions or other governments, or between State
	31	+	HB0579 Enrolled- 2 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 2 - LRB103 04164 CPF 49170 b
	32	+	HB0579 Enrolled - 2 - LRB103 04164 CPF 49170 b
	33	+	1 (30 ILCS 105/5.990 new)
	34	+	2 Sec. 5.990. The Illinois Health Benefits Exchange Fund.
	35	+	3 Section 15. The Illinois Procurement Code is amended by
	36	+	4 changing Section 1-10 as follows:
	37	+	5 (30 ILCS 500/1-10)
	38	+	6 Sec. 1-10. Application.
	39	+	7 (a) This Code applies only to procurements for which
	40	+	8 bidders, offerors, potential contractors, or contractors were
	41	+	9 first solicited on or after July 1, 1998. This Code shall not
	42	+	10 be construed to affect or impair any contract, or any
	43	+	11 provision of a contract, entered into based on a solicitation
	44	+	12 prior to the implementation date of this Code as described in
	45	+	13 Article 99, including, but not limited to, any covenant
	46	+	14 entered into with respect to any revenue bonds or similar
	47	+	15 instruments. All procurements for which contracts are
	48	+	16 solicited between the effective date of Articles 50 and 99 and
	49	+	17 July 1, 1998 shall be substantially in accordance with this
	50	+	18 Code and its intent.
	51	+	19 (b) This Code shall apply regardless of the source of the
	52	+	20 funds with which the contracts are paid, including federal
	53	+	21 assistance moneys. This Code shall not apply to:
	54	+	22 (1) Contracts between the State and its political
	55	+	23 subdivisions or other governments, or between State
55	56
56	57
57		-	governmental bodies, except as specifically provided in
58		-	this Code.
59		-	(2) Grants, except for the filing requirements of
60		-	Section 20-80.
61		-	(3) Purchase of care, except as provided in Section
62		-	5-30.6 of the Illinois Public Aid Code and this Section.
63		-	(4) Hiring of an individual as an employee and not as
64		-	an independent contractor, whether pursuant to an
65		-	employment code or policy or by contract directly with
66		-	that individual.
67		-	(5) Collective bargaining contracts.
68		-	(6) Purchase of real estate, except that notice of
69		-	this type of contract with a value of more than $25,000
70		-	must be published in the Procurement Bulletin within 10
71		-	calendar days after the deed is recorded in the county of
72		-	jurisdiction. The notice shall identify the real estate
73		-	purchased, the names of all parties to the contract, the
74		-	value of the contract, and the effective date of the
75		-	contract.
76		-	(7) Contracts necessary to prepare for anticipated
77		-	litigation, enforcement actions, or investigations,
78		-	provided that the chief legal counsel to the Governor
79		-	shall give his or her prior approval when the procuring
80		-	agency is one subject to the jurisdiction of the Governor,
81		-	and provided that the chief legal counsel of any other
82		-	procuring entity subject to this Code shall give his or
83	58
84	59
85		-	her prior approval when the procuring entity is not one
86		-	subject to the jurisdiction of the Governor.
87		-	(8) (Blank).
88		-	(9) Procurement expenditures by the Illinois
89		-	Conservation Foundation when only private funds are used.
90		-	(10) (Blank).
91		-	(11) Public-private agreements entered into according
92		-	to the procurement requirements of Section 20 of the
93		-	Public-Private Partnerships for Transportation Act and
94		-	design-build agreements entered into according to the
95		-	procurement requirements of Section 25 of the
96		-	Public-Private Partnerships for Transportation Act.
97		-	(12) (A) Contracts for legal, financial, and other
98		-	professional and artistic services entered into by the
99		-	Illinois Finance Authority in which the State of Illinois
100		-	is not obligated. Such contracts shall be awarded through
101		-	a competitive process authorized by the members of the
102		-	Illinois Finance Authority and are subject to Sections
103		-	5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
104		-	as well as the final approval by the members of the
105		-	Illinois Finance Authority of the terms of the contract.
106		-	(B) Contracts for legal and financial services entered
107		-	into by the Illinois Housing Development Authority in
108		-	connection with the issuance of bonds in which the State
109		-	of Illinois is not obligated. Such contracts shall be
110		-	awarded through a competitive process authorized by the
	60	+
	61	+	HB0579 Enrolled - 2 - LRB103 04164 CPF 49170 b
111	62
112	63
113		-	members of the Illinois Housing Development Authority and
114		-	are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
115		-	and 50-37 of this Code, as well as the final approval by
116		-	the members of the Illinois Housing Development Authority
117		-	of the terms of the contract.
118		-	(13) Contracts for services, commodities, and
119		-	equipment to support the delivery of timely forensic
120		-	science services in consultation with and subject to the
121		-	approval of the Chief Procurement Officer as provided in
122		-	subsection (d) of Section 5-4-3a of the Unified Code of
123		-	Corrections, except for the requirements of Sections
124		-	20-60, 20-65, 20-70, and 20-160 and Article 50 of this
125		-	Code; however, the Chief Procurement Officer may, in
126		-	writing with justification, waive any certification
127		-	required under Article 50 of this Code. For any contracts
128		-	for services which are currently provided by members of a
129		-	collective bargaining agreement, the applicable terms of
130		-	the collective bargaining agreement concerning
131		-	subcontracting shall be followed.
132		-	On and after January 1, 2019, this paragraph (13),
133		-	except for this sentence, is inoperative.
134		-	(14) Contracts for participation expenditures required
135		-	by a domestic or international trade show or exhibition of
136		-	an exhibitor, member, or sponsor.
137		-	(15) Contracts with a railroad or utility that
138		-	requires the State to reimburse the railroad or utilities
	64	+	HB0579 Enrolled- 3 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 3 - LRB103 04164 CPF 49170 b
	65	+	HB0579 Enrolled - 3 - LRB103 04164 CPF 49170 b
	66	+	1 governmental bodies, except as specifically provided in
	67	+	2 this Code.
	68	+	3 (2) Grants, except for the filing requirements of
	69	+	4 Section 20-80.
	70	+	5 (3) Purchase of care, except as provided in Section
	71	+	6 5-30.6 of the Illinois Public Aid Code and this Section.
	72	+	7 (4) Hiring of an individual as an employee and not as
	73	+	8 an independent contractor, whether pursuant to an
	74	+	9 employment code or policy or by contract directly with
	75	+	10 that individual.
	76	+	11 (5) Collective bargaining contracts.
	77	+	12 (6) Purchase of real estate, except that notice of
	78	+	13 this type of contract with a value of more than $25,000
	79	+	14 must be published in the Procurement Bulletin within 10
	80	+	15 calendar days after the deed is recorded in the county of
	81	+	16 jurisdiction. The notice shall identify the real estate
	82	+	17 purchased, the names of all parties to the contract, the
	83	+	18 value of the contract, and the effective date of the
	84	+	19 contract.
	85	+	20 (7) Contracts necessary to prepare for anticipated
	86	+	21 litigation, enforcement actions, or investigations,
	87	+	22 provided that the chief legal counsel to the Governor
	88	+	23 shall give his or her prior approval when the procuring
	89	+	24 agency is one subject to the jurisdiction of the Governor,
	90	+	25 and provided that the chief legal counsel of any other
	91	+	26 procuring entity subject to this Code shall give his or
139	92
140	93
141		-	for the relocation of utilities for construction or other
142		-	public purpose. Contracts included within this paragraph
143		-	(15) shall include, but not be limited to, those
144		-	associated with: relocations, crossings, installations,
145		-	and maintenance. For the purposes of this paragraph (15),
146		-	"railroad" means any form of non-highway ground
147		-	transportation that runs on rails or electromagnetic
148		-	guideways and "utility" means: (1) public utilities as
149		-	defined in Section 3-105 of the Public Utilities Act, (2)
150		-	telecommunications carriers as defined in Section 13-202
151		-	of the Public Utilities Act, (3) electric cooperatives as
152		-	defined in Section 3.4 of the Electric Supplier Act, (4)
153		-	telephone or telecommunications cooperatives as defined in
154		-	Section 13-212 of the Public Utilities Act, (5) rural
155		-	water or waste water systems with 10,000 connections or
156		-	less, (6) a holder as defined in Section 21-201 of the
157		-	Public Utilities Act, and (7) municipalities owning or
158		-	operating utility systems consisting of public utilities
159		-	as that term is defined in Section 11-117-2 of the
160		-	Illinois Municipal Code.
161		-	(16) Procurement expenditures necessary for the
162		-	Department of Public Health to provide the delivery of
163		-	timely newborn screening services in accordance with the
164		-	Newborn Metabolic Screening Act.
165		-	(17) Procurement expenditures necessary for the
166		-	Department of Agriculture, the Department of Financial and
167	94
168	95
169		-	Professional Regulation, the Department of Human Services,
170		-	and the Department of Public Health to implement the
171		-	Compassionate Use of Medical Cannabis Program and Opioid
172		-	Alternative Pilot Program requirements and ensure access
173		-	to medical cannabis for patients with debilitating medical
174		-	conditions in accordance with the Compassionate Use of
175		-	Medical Cannabis Program Act.
176		-	(18) This Code does not apply to any procurements
177		-	necessary for the Department of Agriculture, the
178		-	Department of Financial and Professional Regulation, the
179		-	Department of Human Services, the Department of Commerce
180		-	and Economic Opportunity, and the Department of Public
181		-	Health to implement the Cannabis Regulation and Tax Act if
182		-	the applicable agency has made a good faith determination
183		-	that it is necessary and appropriate for the expenditure
184		-	to fall within this exemption and if the process is
185		-	conducted in a manner substantially in accordance with the
186		-	requirements of Sections 20-160, 25-60, 30-22, 50-5,
187		-	50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
188		-	50-36, 50-37, 50-38, and 50-50 of this Code; however, for
189		-	Section 50-35, compliance applies only to contracts or
190		-	subcontracts over $100,000. Notice of each contract
191		-	entered into under this paragraph (18) that is related to
192		-	the procurement of goods and services identified in
193		-	paragraph (1) through (9) of this subsection shall be
194		-	published in the Procurement Bulletin within 14 calendar
	96	+
	97	+	HB0579 Enrolled - 3 - LRB103 04164 CPF 49170 b
195	98
196	99
197		-	days after contract execution. The Chief Procurement
198		-	Officer shall prescribe the form and content of the
199		-	notice. Each agency shall provide the Chief Procurement
200		-	Officer, on a monthly basis, in the form and content
201		-	prescribed by the Chief Procurement Officer, a report of
202		-	contracts that are related to the procurement of goods and
203		-	services identified in this subsection. At a minimum, this
204		-	report shall include the name of the contractor, a
205		-	description of the supply or service provided, the total
206		-	amount of the contract, the term of the contract, and the
207		-	exception to this Code utilized. A copy of any or all of
208		-	these contracts shall be made available to the Chief
209		-	Procurement Officer immediately upon request. The Chief
210		-	Procurement Officer shall submit a report to the Governor
211		-	and General Assembly no later than November 1 of each year
212		-	that includes, at a minimum, an annual summary of the
213		-	monthly information reported to the Chief Procurement
214		-	Officer. This exemption becomes inoperative 5 years after
215		-	June 25, 2019 (the effective date of Public Act 101-27).
216		-	(19) Acquisition of modifications or adjustments,
217		-	limited to assistive technology devices and assistive
218		-	technology services, adaptive equipment, repairs, and
219		-	replacement parts to provide reasonable accommodations (i)
220		-	that enable a qualified applicant with a disability to
221		-	complete the job application process and be considered for
222		-	the position such qualified applicant desires, (ii) that
	100	+	HB0579 Enrolled- 4 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 4 - LRB103 04164 CPF 49170 b
	101	+	HB0579 Enrolled - 4 - LRB103 04164 CPF 49170 b
	102	+	1 her prior approval when the procuring entity is not one
	103	+	2 subject to the jurisdiction of the Governor.
	104	+	3 (8) (Blank).
	105	+	4 (9) Procurement expenditures by the Illinois
	106	+	5 Conservation Foundation when only private funds are used.
	107	+	6 (10) (Blank).
	108	+	7 (11) Public-private agreements entered into according
	109	+	8 to the procurement requirements of Section 20 of the
	110	+	9 Public-Private Partnerships for Transportation Act and
	111	+	10 design-build agreements entered into according to the
	112	+	11 procurement requirements of Section 25 of the
	113	+	12 Public-Private Partnerships for Transportation Act.
	114	+	13 (12) (A) Contracts for legal, financial, and other
	115	+	14 professional and artistic services entered into by the
	116	+	15 Illinois Finance Authority in which the State of Illinois
	117	+	16 is not obligated. Such contracts shall be awarded through
	118	+	17 a competitive process authorized by the members of the
	119	+	18 Illinois Finance Authority and are subject to Sections
	120	+	19 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
	121	+	20 as well as the final approval by the members of the
	122	+	21 Illinois Finance Authority of the terms of the contract.
	123	+	22 (B) Contracts for legal and financial services entered
	124	+	23 into by the Illinois Housing Development Authority in
	125	+	24 connection with the issuance of bonds in which the State
	126	+	25 of Illinois is not obligated. Such contracts shall be
	127	+	26 awarded through a competitive process authorized by the
223	128
224	129
225		-	modify or adjust the work environment to enable a
226		-	qualified current employee with a disability to perform
227		-	the essential functions of the position held by that
228		-	employee, (iii) to enable a qualified current employee
229		-	with a disability to enjoy equal benefits and privileges
230		-	of employment as are enjoyed by other similarly situated
231		-	employees without disabilities, and (iv) that allow a
232		-	customer, client, claimant, or member of the public
233		-	seeking State services full use and enjoyment of and
234		-	access to its programs, services, or benefits.
235		-	For purposes of this paragraph (19):
236		-	"Assistive technology devices" means any item, piece
237		-	of equipment, or product system, whether acquired
238		-	commercially off the shelf, modified, or customized, that
239		-	is used to increase, maintain, or improve functional
240		-	capabilities of individuals with disabilities.
241		-	"Assistive technology services" means any service that
242		-	directly assists an individual with a disability in
243		-	selection, acquisition, or use of an assistive technology
244		-	device.
245		-	"Qualified" has the same meaning and use as provided
246		-	under the federal Americans with Disabilities Act when
247		-	describing an individual with a disability.
248		-	(20) Procurement expenditures necessary for the
249		-	Illinois Commerce Commission to hire third-party
250		-	facilitators pursuant to Sections 16-105.17 and 16-108.18
251	130
252	131
253		-	of the Public Utilities Act or an ombudsman pursuant to
254		-	Section 16-107.5 of the Public Utilities Act, a
255		-	facilitator pursuant to Section 16-105.17 of the Public
256		-	Utilities Act, or a grid auditor pursuant to Section
257		-	16-105.10 of the Public Utilities Act.
258		-	(21) Procurement expenditures for the purchase,
259		-	renewal, and expansion of software, software licenses, or
260		-	software maintenance agreements that support the efforts
261		-	of the Illinois State Police to enforce, regulate, and
262		-	administer the Firearm Owners Identification Card Act, the
263		-	Firearm Concealed Carry Act, the Firearms Restraining
264		-	Order Act, the Firearm Dealer License Certification Act,
265		-	the Law Enforcement Agencies Data System (LEADS), the
266		-	Uniform Crime Reporting Act, the Criminal Identification
267		-	Act, the Uniform Conviction Information Act, and the Gun
268		-	Trafficking Information Act, or establish or maintain
269		-	record management systems necessary to conduct human
270		-	trafficking investigations or gun trafficking or other
271		-	stolen firearm investigations. This paragraph (21) applies
272		-	to contracts entered into on or after the effective date
273		-	of this amendatory Act of the 102nd General Assembly and
274		-	the renewal of contracts that are in effect on the
275		-	effective date of this amendatory Act of the 102nd General
276		-	Assembly.
277		-	(22) Procurements necessary for the Department of
278		-	Insurance to implement the Illinois Health Benefits
	132	+
	133	+	HB0579 Enrolled - 4 - LRB103 04164 CPF 49170 b
279	134
280	135
281		-	Exchange Law if the Department of Insurance has made a
282		-	good faith determination that it is necessary and
283		-	appropriate for the expenditure to fall within this
284		-	exemption. The procurement process shall be conducted in a
285		-	manner substantially in accordance with the requirements
286		-	of Sections 20-160 and 25-60 and Article 50 of this Code. A
287		-	copy of these contracts shall be made available to the
288		-	Chief Procurement Officer immediately upon request. This
289		-	paragraph is inoperative 5 years after the effective date
290		-	of this amendatory Act of the 103rd General Assembly.
291		-	Notwithstanding any other provision of law, for contracts
292		-	with an annual value of more than $100,000 entered into on or
293		-	after October 1, 2017 under an exemption provided in any
294		-	paragraph of this subsection (b), except paragraph (1), (2),
295		-	or (5), each State agency shall post to the appropriate
296		-	procurement bulletin the name of the contractor, a description
297		-	of the supply or service provided, the total amount of the
298		-	contract, the term of the contract, and the exception to the
299		-	Code utilized. The chief procurement officer shall submit a
300		-	report to the Governor and General Assembly no later than
301		-	November 1 of each year that shall include, at a minimum, an
302		-	annual summary of the monthly information reported to the
303		-	chief procurement officer.
304		-	(c) This Code does not apply to the electric power
305		-	procurement process provided for under Section 1-75 of the
306		-	Illinois Power Agency Act and Section 16-111.5 of the Public
	136	+	HB0579 Enrolled- 5 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 5 - LRB103 04164 CPF 49170 b
	137	+	HB0579 Enrolled - 5 - LRB103 04164 CPF 49170 b
	138	+	1 members of the Illinois Housing Development Authority and
	139	+	2 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
	140	+	3 and 50-37 of this Code, as well as the final approval by
	141	+	4 the members of the Illinois Housing Development Authority
	142	+	5 of the terms of the contract.
	143	+	6 (13) Contracts for services, commodities, and
	144	+	7 equipment to support the delivery of timely forensic
	145	+	8 science services in consultation with and subject to the
	146	+	9 approval of the Chief Procurement Officer as provided in
	147	+	10 subsection (d) of Section 5-4-3a of the Unified Code of
	148	+	11 Corrections, except for the requirements of Sections
	149	+	12 20-60, 20-65, 20-70, and 20-160 and Article 50 of this
	150	+	13 Code; however, the Chief Procurement Officer may, in
	151	+	14 writing with justification, waive any certification
	152	+	15 required under Article 50 of this Code. For any contracts
	153	+	16 for services which are currently provided by members of a
	154	+	17 collective bargaining agreement, the applicable terms of
	155	+	18 the collective bargaining agreement concerning
	156	+	19 subcontracting shall be followed.
	157	+	20 On and after January 1, 2019, this paragraph (13),
	158	+	21 except for this sentence, is inoperative.
	159	+	22 (14) Contracts for participation expenditures required
	160	+	23 by a domestic or international trade show or exhibition of
	161	+	24 an exhibitor, member, or sponsor.
	162	+	25 (15) Contracts with a railroad or utility that
	163	+	26 requires the State to reimburse the railroad or utilities
307	164
308	165
309		-	Utilities Act.
310		-	(d) Except for Section 20-160 and Article 50 of this Code,
311		-	and as expressly required by Section 9.1 of the Illinois
312		-	Lottery Law, the provisions of this Code do not apply to the
313		-	procurement process provided for under Section 9.1 of the
314		-	Illinois Lottery Law.
315		-	(e) This Code does not apply to the process used by the
316		-	Capital Development Board to retain a person or entity to
317		-	assist the Capital Development Board with its duties related
318		-	to the determination of costs of a clean coal SNG brownfield
319		-	facility, as defined by Section 1-10 of the Illinois Power
320		-	Agency Act, as required in subsection (h-3) of Section 9-220
321		-	of the Public Utilities Act, including calculating the range
322		-	of capital costs, the range of operating and maintenance
323		-	costs, or the sequestration costs or monitoring the
324		-	construction of clean coal SNG brownfield facility for the
325		-	full duration of construction.
326		-	(f) (Blank).
327		-	(g) (Blank).
328		-	(h) This Code does not apply to the process to procure or
329		-	contracts entered into in accordance with Sections 11-5.2 and
330		-	11-5.3 of the Illinois Public Aid Code.
331		-	(i) Each chief procurement officer may access records
332		-	necessary to review whether a contract, purchase, or other
333		-	expenditure is or is not subject to the provisions of this
334		-	Code, unless such records would be subject to attorney-client
335	166
336	167
337		-	privilege.
338		-	(j) This Code does not apply to the process used by the
339		-	Capital Development Board to retain an artist or work or works
340		-	of art as required in Section 14 of the Capital Development
341		-	Board Act.
342		-	(k) This Code does not apply to the process to procure
343		-	contracts, or contracts entered into, by the State Board of
344		-	Elections or the State Electoral Board for hearing officers
345		-	appointed pursuant to the Election Code.
346		-	(l) This Code does not apply to the processes used by the
347		-	Illinois Student Assistance Commission to procure supplies and
348		-	services paid for from the private funds of the Illinois
349		-	Prepaid Tuition Fund. As used in this subsection (l), "private
350		-	funds" means funds derived from deposits paid into the
351		-	Illinois Prepaid Tuition Trust Fund and the earnings thereon.
352		-	(m) This Code shall apply regardless of the source of
353		-	funds with which contracts are paid, including federal
354		-	assistance moneys. Except as specifically provided in this
355		-	Code, this Code shall not apply to procurement expenditures
356		-	necessary for the Department of Public Health to conduct the
357		-	Healthy Illinois Survey in accordance with Section 2310-431 of
358		-	the Department of Public Health Powers and Duties Law of the
359		-	Civil Administrative Code of Illinois.
360		-	(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
361		-	101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
362		-	1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
	168	+
	169	+	HB0579 Enrolled - 5 - LRB103 04164 CPF 49170 b
363	170
364	171
365		-	eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
366		-	102-1116, eff. 1-10-23.)
367		-	Section 20. The Illinois Health Benefits Exchange Law is
368		-	amended by changing Section 5-5 and by adding Sections 5-21,
369		-	5-22, 5-23, and 5-24 as follows:
370		-	(215 ILCS 122/5-5)
371		-	Sec. 5-5. State health benefits exchange. It is declared
372		-	that this State, beginning October 1, 2013, in accordance with
373		-	Section 1311 of the federal Patient Protection and Affordable
374		-	Care Act, shall establish a State health benefits exchange to
375		-	be known as the Illinois Health Benefits Exchange in order to
376		-	help individuals and small employers with no more than 50
377		-	employees shop for, select, and enroll in qualified,
378		-	affordable private health plans that fit their needs at
379		-	competitive prices. The Exchange shall separate coverage pools
380		-	for individuals and small employers and shall supplement and
381		-	not supplant any existing private health insurance market for
382		-	individuals and small employers. The Department of Insurance
383		-	shall operate the Illinois Health Benefits Exchange as a
384		-	State-based exchange using the federal platform by plan year
385		-	2025 and as a State-based exchange by plan year 2026. The
386		-	Director of Insurance may require that all plans in the
387		-	individual and small group markets, other than grandfathered
388		-	health plans, be made available for comparison on the Illinois
	172	+	HB0579 Enrolled- 6 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 6 - LRB103 04164 CPF 49170 b
	173	+	HB0579 Enrolled - 6 - LRB103 04164 CPF 49170 b
	174	+	1 for the relocation of utilities for construction or other
	175	+	2 public purpose. Contracts included within this paragraph
	176	+	3 (15) shall include, but not be limited to, those
	177	+	4 associated with: relocations, crossings, installations,
	178	+	5 and maintenance. For the purposes of this paragraph (15),
	179	+	6 "railroad" means any form of non-highway ground
	180	+	7 transportation that runs on rails or electromagnetic
	181	+	8 guideways and "utility" means: (1) public utilities as
	182	+	9 defined in Section 3-105 of the Public Utilities Act, (2)
	183	+	10 telecommunications carriers as defined in Section 13-202
	184	+	11 of the Public Utilities Act, (3) electric cooperatives as
	185	+	12 defined in Section 3.4 of the Electric Supplier Act, (4)
	186	+	13 telephone or telecommunications cooperatives as defined in
	187	+	14 Section 13-212 of the Public Utilities Act, (5) rural
	188	+	15 water or waste water systems with 10,000 connections or
	189	+	16 less, (6) a holder as defined in Section 21-201 of the
	190	+	17 Public Utilities Act, and (7) municipalities owning or
	191	+	18 operating utility systems consisting of public utilities
	192	+	19 as that term is defined in Section 11-117-2 of the
	193	+	20 Illinois Municipal Code.
	194	+	21 (16) Procurement expenditures necessary for the
	195	+	22 Department of Public Health to provide the delivery of
	196	+	23 timely newborn screening services in accordance with the
	197	+	24 Newborn Metabolic Screening Act.
	198	+	25 (17) Procurement expenditures necessary for the
	199	+	26 Department of Agriculture, the Department of Financial and
389	200
390	201
391		-	Health Benefits Exchange, but may not require that all plans
392		-	in the individual and small group markets be purchased
393		-	exclusively on the Illinois Health Benefits Exchange. Through
394		-	the adoption of rules, the Director of Insurance may require
395		-	that plans offered on the exchange conform with standardized
396		-	plan designs that provide for standardized cost sharing for
397		-	covered health services. Except when it is inconsistent with
398		-	State law, the Department of Insurance shall enforce the
399		-	coverage requirements under the federal Patient Protection and
400		-	Affordable Care Act, including the coverage of all United
401		-	States Preventive Services Task Force Grade A and B preventive
402		-	services without cost sharing notwithstanding any federal
403		-	overturning or repeal of 42 U.S.C. 300gg-13(a)(1), that apply
404		-	to the individual and small group markets. The Director of
405		-	Insurance may elect to add a small business health options
406		-	program to the Illinois Health Benefits Exchange to help small
407		-	employers enroll their employees in qualified health plans in
408		-	the small group market. The General Assembly shall appropriate
409		-	funds to establish the Illinois Health Benefits Exchange.
410		-	(Source: P.A. 97-142, eff. 7-14-11.)
411		-	(215 ILCS 122/5-21 new)
412		-	Sec. 5-21. Monthly assessments.
413		-	(a) The Director of Insurance may apply a monthly
414		-	assessment to each health benefits plan sold on the Illinois
415		-	Health Benefits Exchange. The assessment shall be paid by the
416	202
417	203
418		-	issuer and to the Department of Insurance and shall be used
419		-	only for the purpose of supporting the exchange through
420		-	exchange operations, outreach, and enrollment, including any
421		-	efforts that may result in a benefit to policyholders. The
422		-	assessment may be applied at a rate of:
423		-	(1) 0.5% of the total monthly premium charged by an
424		-	issuer for each health benefits plan during any period
425		-	that the State is on a State-based exchange using the
426		-	federal platform; or
427		-	(2) 2.75% of the total monthly premium charged by an
428		-	issuer for each health benefits plan during any period
429		-	that the State is on the State-based exchange. The
430		-	Director of Insurance shall adjust this rate to ensure
431		-	that the Illinois Health Benefits Exchange is fully
432		-	funded, but in no case shall the assessment be applied at a
433		-	rate that exceeds 3.5% of the total monthly premium
434		-	charged by a carrier. If the Director determines it is
435		-	necessary to adjust the rate pursuant to this paragraph,
436		-	the Director shall, in advance of the adjustment, post on
437		-	the Department's website a report describing the reasons
438		-	and justifications for the adjustment, which shall be
439		-	consistent with the purposes of supporting the Illinois
440		-	Health Benefits Exchange as provided in this Section, at
441		-	least 120 days before the implementation of the rate
442		-	adjustment.
443		-	(b) The Director of Insurance shall notify an issuer 120
	204	+
	205	+	HB0579 Enrolled - 6 - LRB103 04164 CPF 49170 b
444	206
445	207
446		-	days before the implementation of its assessment rate for the
447		-	subsequent year. Issuers must remit the assessment due in
448		-	monthly installments to the Department of Insurance.
449		-	(c) The assessment described in this Section shall be
450		-	considered a special purpose obligation and may not be applied
451		-	by issuers to vary premium rates at the plan level.
452		-	(d) There is created a special fund within the State
453		-	treasury to be known as the Illinois Health Benefits Exchange
454		-	Fund. The Illinois Health Benefits Exchange Fund shall be the
455		-	repository for moneys collected pursuant to fees or
456		-	assessments on exchange issuers, federal financial
457		-	participation as appropriate, and other moneys received as
458		-	grants or otherwise appropriated for the purposes of
459		-	supporting health insurance outreach, enrollment efforts, and
460		-	plan management operations through an exchange. All moneys in
461		-	the Fund shall be used, subject to appropriation, only for the
462		-	purpose of supporting the exchange through exchange
463		-	operations, outreach, enrollment, and other means of
464		-	supporting the exchange, including any efforts that may result
465		-	in a benefit to policyholders.
466		-	(215 ILCS 122/5-22 new)
467		-	Sec. 5-22. State medical assistance program coordination.
468		-	(a) The Department of Insurance and the Department of
469		-	Healthcare and Family Services shall coordinate the operations
470		-	of the exchange with the operations of State medical
	208	+	HB0579 Enrolled- 7 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 7 - LRB103 04164 CPF 49170 b
	209	+	HB0579 Enrolled - 7 - LRB103 04164 CPF 49170 b
	210	+	1 Professional Regulation, the Department of Human Services,
	211	+	2 and the Department of Public Health to implement the
	212	+	3 Compassionate Use of Medical Cannabis Program and Opioid
	213	+	4 Alternative Pilot Program requirements and ensure access
	214	+	5 to medical cannabis for patients with debilitating medical
	215	+	6 conditions in accordance with the Compassionate Use of
	216	+	7 Medical Cannabis Program Act.
	217	+	8 (18) This Code does not apply to any procurements
	218	+	9 necessary for the Department of Agriculture, the
	219	+	10 Department of Financial and Professional Regulation, the
	220	+	11 Department of Human Services, the Department of Commerce
	221	+	12 and Economic Opportunity, and the Department of Public
	222	+	13 Health to implement the Cannabis Regulation and Tax Act if
	223	+	14 the applicable agency has made a good faith determination
	224	+	15 that it is necessary and appropriate for the expenditure
	225	+	16 to fall within this exemption and if the process is
	226	+	17 conducted in a manner substantially in accordance with the
	227	+	18 requirements of Sections 20-160, 25-60, 30-22, 50-5,
	228	+	19 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
	229	+	20 50-36, 50-37, 50-38, and 50-50 of this Code; however, for
	230	+	21 Section 50-35, compliance applies only to contracts or
	231	+	22 subcontracts over $100,000. Notice of each contract
	232	+	23 entered into under this paragraph (18) that is related to
	233	+	24 the procurement of goods and services identified in
	234	+	25 paragraph (1) through (9) of this subsection shall be
	235	+	26 published in the Procurement Bulletin within 14 calendar
471	236
472	237
473		-	assistance programs. The Department of Healthcare and Family
474		-	Services shall oversee and operate the exchange eligibility
475		-	rules engine to ensure accurate assessments and determinations
476		-	of exchange and State medical assistance program eligibility.
477		-	(b) The exchange may determine eligibility for State
478		-	medical assistance programs that use the modified adjusted
479		-	gross income methodology.
480		-	(c) The exchange may be used for enrollment into State
481		-	medical assistance program health plans.
482		-	(d) The Department of Healthcare and Family Services shall
483		-	request federal financial participation funds from the Centers
484		-	for Medicare and Medicaid Services for any integrated
485		-	eligibility and enrollment functions of the exchange.
486		-	(215 ILCS 122/5-23 new)
487		-	Sec. 5-23. Department of Insurance and Department of
488		-	Healthcare and Family Services authority.
489		-	(a) The Department of Insurance and the Department of
490		-	Healthcare and Family Services, in addition to the powers
491		-	granted under the Illinois Insurance Code and the Illinois
492		-	Public Aid Code, have the power necessary to establish and
493		-	operate the Illinois Health Benefits Exchange, including, but
494		-	not limited to, the authority to:
495		-	(1) adopt rules deemed necessary by the departments to
496		-	implement this Law;
497		-	(2) employ or retain sufficient personnel to provide
498	238
499	239
500		-	administration, staffing, and necessary related support
501		-	required to adequately discharge the duties described in
502		-	this Law from funds held in the Illinois Health Benefits
503		-	Exchange Fund;
504		-	(3) procure services, including a call center, and
505		-	goods for the purpose of establishing the Illinois Health
506		-	Benefits Exchange, including, but not limited to,
507		-	procurements in conformance with paragraph (22) of
508		-	subsection (b) of Section 1-10 of the Illinois Procurement
509		-	Code; and
510		-	(4) require any exchange vendor to have experience
511		-	operating a State-based exchange in another state.
512		-	(b) The Department of Insurance has the authority to
513		-	employ a Marketplace Director of the Illinois Health Benefits
514		-	Exchange.
515		-	(215 ILCS 122/5-24 new)
516		-	Sec. 5-24. Illinois Health Benefits Exchange Advisory
517		-	Committee.
518		-	(a) The Director of Insurance shall establish the Illinois
519		-	Health Benefits Exchange Advisory Committee no later than
520		-	December 31, 2023. The Illinois Health Benefits Exchange
521		-	Advisory Committee shall be tasked with making recommendations
522		-	to the Marketplace Director of the Illinois Health Benefits
523		-	Exchange concerning the operation of the exchange, and the
524		-	Committee shall hold its first meeting no later than 90 days
	240	+
	241	+	HB0579 Enrolled - 7 - LRB103 04164 CPF 49170 b
525	242
526	243
527		-	following the establishment of the Committee and shall meet
528		-	quarterly thereafter. The Marketplace Director shall make a
529		-	quarterly report to the Committee.
530		-	(b) The Department of Insurance shall present regular and
531		-	timely reports to the Illinois Health Benefits Exchange
532		-	Advisory Committee regarding the progress in the development
533		-	and ongoing operations of the Illinois Health Benefits
534		-	Exchange before its establishment by plan year 2026. The
535		-	reports shall be posted to the Department of Insurance's
536		-	website and include information on the Department of
537		-	Insurance's progress toward establishing and maintaining the
538		-	Illinois Health Benefits Exchange with the goal of ensuring an
539		-	effective and efficient transition from the federal platform
540		-	to the State-based exchange for individuals, employers, and
541		-	health insurance issuers while mitigating loss of health
542		-	insurance coverage for any potential consumer. The Department
543		-	of Insurance's progress reports shall provide information
544		-	including, but not limited to, transparency, user
545		-	understandability, plan compliance, outreach and education,
546		-	systems operations, and annual fiscal projections. The
547		-	Department of Insurance shall gather stakeholder input in
548		-	developing operational plans and preparing the reports for the
549		-	Illinois Health Benefits Exchange Advisory Committee.
550		-	(c) The Illinois Health Benefits Exchange Advisory
551		-	Committee shall include the following members:
552		-	(1) The Director of Insurance, or the Director's
	244	+	HB0579 Enrolled- 8 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 8 - LRB103 04164 CPF 49170 b
	245	+	HB0579 Enrolled - 8 - LRB103 04164 CPF 49170 b
	246	+	1 days after contract execution. The Chief Procurement
	247	+	2 Officer shall prescribe the form and content of the
	248	+	3 notice. Each agency shall provide the Chief Procurement
	249	+	4 Officer, on a monthly basis, in the form and content
	250	+	5 prescribed by the Chief Procurement Officer, a report of
	251	+	6 contracts that are related to the procurement of goods and
	252	+	7 services identified in this subsection. At a minimum, this
	253	+	8 report shall include the name of the contractor, a
	254	+	9 description of the supply or service provided, the total
	255	+	10 amount of the contract, the term of the contract, and the
	256	+	11 exception to this Code utilized. A copy of any or all of
	257	+	12 these contracts shall be made available to the Chief
	258	+	13 Procurement Officer immediately upon request. The Chief
	259	+	14 Procurement Officer shall submit a report to the Governor
	260	+	15 and General Assembly no later than November 1 of each year
	261	+	16 that includes, at a minimum, an annual summary of the
	262	+	17 monthly information reported to the Chief Procurement
	263	+	18 Officer. This exemption becomes inoperative 5 years after
	264	+	19 June 25, 2019 (the effective date of Public Act 101-27).
	265	+	20 (19) Acquisition of modifications or adjustments,
	266	+	21 limited to assistive technology devices and assistive
	267	+	22 technology services, adaptive equipment, repairs, and
	268	+	23 replacement parts to provide reasonable accommodations (i)
	269	+	24 that enable a qualified applicant with a disability to
	270	+	25 complete the job application process and be considered for
	271	+	26 the position such qualified applicant desires, (ii) that
553	272
554	273
555		-	designee, who shall serve ex officio and as co-chair;
556		-	(2) The Director of Healthcare and Family Services, or
557		-	the Director's designee, who shall serve ex officio and as
558		-	co-chair;
559		-	(3) The Secretary of Human Services, or the
560		-	Secretary's designee, who shall serve ex officio; and
561		-	(4) 10 public members, who shall be residents of this
562		-	State, appointed by the Governor with the advice and
563		-	consent of the Senate. The Governor may make temporary
564		-	appointments until the next meeting of the Senate. The
565		-	Governor shall consider the diversity of this State in the
566		-	selection of the committee members. The public members
567		-	shall include:
568		-	(A) one representative of a statewide organization
569		-	representing a majority of Illinois hospitals;
570		-	(B) one representative of a statewide insurance
571		-	producer professional trade association whose
572		-	membership is primarily composed of individuals
573		-	licensed under the Illinois Insurance Code;
574		-	(C) 2 representatives of a health insurance
575		-	consumer advocacy group;
576		-	(D) one representative with expertise in
577		-	enrollment and consumer assistance;
578		-	(E) 2 representatives of health insurance issuers
579		-	or issuer trade associations, at least one of which
580		-	represents a State-domiciled mutual health insurance
581	274
582	275
583		-	company, with a demonstrated expertise in the business
584		-	of health insurance or health benefits administration;
585		-	(F) one representative of a statewide association
586		-	representing small business owners;
587		-	(G) one representative of a statewide organization
588		-	representing physicians; and
589		-	(H) one academic or research professional with
590		-	expertise in health insurance.
591		-	(d) Members of the Illinois Health Benefits Exchange
592		-	Advisory Committee shall serve for a term of 2 years, shall
593		-	serve without compensation, and shall not be entitled to
594		-	reimbursement. The Department of Insurance shall provide
595		-	administrative support to the Illinois Health Benefits
596		-	Exchange Advisory Committee.
597		-	(e) The Committee's quarterly meetings shall be open to
598		-	the public and subject to the Open Meetings Act.
599		-	Section 99. Effective date. This Act takes effect upon
600		-	becoming law.
	276	+
	277	+	HB0579 Enrolled - 8 - LRB103 04164 CPF 49170 b
	278	+
	279	+
	280	+	HB0579 Enrolled- 9 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 9 - LRB103 04164 CPF 49170 b
	281	+	HB0579 Enrolled - 9 - LRB103 04164 CPF 49170 b
	282	+	1 modify or adjust the work environment to enable a
	283	+	2 qualified current employee with a disability to perform
	284	+	3 the essential functions of the position held by that
	285	+	4 employee, (iii) to enable a qualified current employee
	286	+	5 with a disability to enjoy equal benefits and privileges
	287	+	6 of employment as are enjoyed by other similarly situated
	288	+	7 employees without disabilities, and (iv) that allow a
	289	+	8 customer, client, claimant, or member of the public
	290	+	9 seeking State services full use and enjoyment of and
	291	+	10 access to its programs, services, or benefits.
	292	+	11 For purposes of this paragraph (19):
	293	+	12 "Assistive technology devices" means any item, piece
	294	+	13 of equipment, or product system, whether acquired
	295	+	14 commercially off the shelf, modified, or customized, that
	296	+	15 is used to increase, maintain, or improve functional
	297	+	16 capabilities of individuals with disabilities.
	298	+	17 "Assistive technology services" means any service that
	299	+	18 directly assists an individual with a disability in
	300	+	19 selection, acquisition, or use of an assistive technology
	301	+	20 device.
	302	+	21 "Qualified" has the same meaning and use as provided
	303	+	22 under the federal Americans with Disabilities Act when
	304	+	23 describing an individual with a disability.
	305	+	24 (20) Procurement expenditures necessary for the
	306	+	25 Illinois Commerce Commission to hire third-party
	307	+	26 facilitators pursuant to Sections 16-105.17 and 16-108.18
	308	+
	309	+
	310	+
	311	+
	312	+
	313	+	HB0579 Enrolled - 9 - LRB103 04164 CPF 49170 b
	314	+
	315	+
	316	+	HB0579 Enrolled- 10 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 10 - LRB103 04164 CPF 49170 b
	317	+	HB0579 Enrolled - 10 - LRB103 04164 CPF 49170 b
	318	+	1 of the Public Utilities Act or an ombudsman pursuant to
	319	+	2 Section 16-107.5 of the Public Utilities Act, a
	320	+	3 facilitator pursuant to Section 16-105.17 of the Public
	321	+	4 Utilities Act, or a grid auditor pursuant to Section
	322	+	5 16-105.10 of the Public Utilities Act.
	323	+	6 (21) Procurement expenditures for the purchase,
	324	+	7 renewal, and expansion of software, software licenses, or
	325	+	8 software maintenance agreements that support the efforts
	326	+	9 of the Illinois State Police to enforce, regulate, and
	327	+	10 administer the Firearm Owners Identification Card Act, the
	328	+	11 Firearm Concealed Carry Act, the Firearms Restraining
	329	+	12 Order Act, the Firearm Dealer License Certification Act,
	330	+	13 the Law Enforcement Agencies Data System (LEADS), the
	331	+	14 Uniform Crime Reporting Act, the Criminal Identification
	332	+	15 Act, the Uniform Conviction Information Act, and the Gun
	333	+	16 Trafficking Information Act, or establish or maintain
	334	+	17 record management systems necessary to conduct human
	335	+	18 trafficking investigations or gun trafficking or other
	336	+	19 stolen firearm investigations. This paragraph (21) applies
	337	+	20 to contracts entered into on or after the effective date
	338	+	21 of this amendatory Act of the 102nd General Assembly and
	339	+	22 the renewal of contracts that are in effect on the
	340	+	23 effective date of this amendatory Act of the 102nd General
	341	+	24 Assembly.
	342	+	25 (22) Procurements necessary for the Department of
	343	+	26 Insurance to implement the Illinois Health Benefits
	344	+
	345	+
	346	+
	347	+
	348	+
	349	+	HB0579 Enrolled - 10 - LRB103 04164 CPF 49170 b
	350	+
	351	+
	352	+	HB0579 Enrolled- 11 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 11 - LRB103 04164 CPF 49170 b
	353	+	HB0579 Enrolled - 11 - LRB103 04164 CPF 49170 b
	354	+	1 Exchange Law if the Department of Insurance has made a
	355	+	2 good faith determination that it is necessary and
	356	+	3 appropriate for the expenditure to fall within this
	357	+	4 exemption. The procurement process shall be conducted in a
	358	+	5 manner substantially in accordance with the requirements
	359	+	6 of Sections 20-160 and 25-60 and Article 50 of this Code. A
	360	+	7 copy of these contracts shall be made available to the
	361	+	8 Chief Procurement Officer immediately upon request. This
	362	+	9 paragraph is inoperative 5 years after the effective date
	363	+	10 of this amendatory Act of the 103rd General Assembly.
	364	+	11 Notwithstanding any other provision of law, for contracts
	365	+	12 with an annual value of more than $100,000 entered into on or
	366	+	13 after October 1, 2017 under an exemption provided in any
	367	+	14 paragraph of this subsection (b), except paragraph (1), (2),
	368	+	15 or (5), each State agency shall post to the appropriate
	369	+	16 procurement bulletin the name of the contractor, a description
	370	+	17 of the supply or service provided, the total amount of the
	371	+	18 contract, the term of the contract, and the exception to the
	372	+	19 Code utilized. The chief procurement officer shall submit a
	373	+	20 report to the Governor and General Assembly no later than
	374	+	21 November 1 of each year that shall include, at a minimum, an
	375	+	22 annual summary of the monthly information reported to the
	376	+	23 chief procurement officer.
	377	+	24 (c) This Code does not apply to the electric power
	378	+	25 procurement process provided for under Section 1-75 of the
	379	+	26 Illinois Power Agency Act and Section 16-111.5 of the Public
	380	+
	381	+
	382	+
	383	+
	384	+
	385	+	HB0579 Enrolled - 11 - LRB103 04164 CPF 49170 b
	386	+
	387	+
	388	+	HB0579 Enrolled- 12 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 12 - LRB103 04164 CPF 49170 b
	389	+	HB0579 Enrolled - 12 - LRB103 04164 CPF 49170 b
	390	+	1 Utilities Act.
	391	+	2 (d) Except for Section 20-160 and Article 50 of this Code,
	392	+	3 and as expressly required by Section 9.1 of the Illinois
	393	+	4 Lottery Law, the provisions of this Code do not apply to the
	394	+	5 procurement process provided for under Section 9.1 of the
	395	+	6 Illinois Lottery Law.
	396	+	7 (e) This Code does not apply to the process used by the
	397	+	8 Capital Development Board to retain a person or entity to
	398	+	9 assist the Capital Development Board with its duties related
	399	+	10 to the determination of costs of a clean coal SNG brownfield
	400	+	11 facility, as defined by Section 1-10 of the Illinois Power
	401	+	12 Agency Act, as required in subsection (h-3) of Section 9-220
	402	+	13 of the Public Utilities Act, including calculating the range
	403	+	14 of capital costs, the range of operating and maintenance
	404	+	15 costs, or the sequestration costs or monitoring the
	405	+	16 construction of clean coal SNG brownfield facility for the
	406	+	17 full duration of construction.
	407	+	18 (f) (Blank).
	408	+	19 (g) (Blank).
	409	+	20 (h) This Code does not apply to the process to procure or
	410	+	21 contracts entered into in accordance with Sections 11-5.2 and
	411	+	22 11-5.3 of the Illinois Public Aid Code.
	412	+	23 (i) Each chief procurement officer may access records
	413	+	24 necessary to review whether a contract, purchase, or other
	414	+	25 expenditure is or is not subject to the provisions of this
	415	+	26 Code, unless such records would be subject to attorney-client
	416	+
	417	+
	418	+
	419	+
	420	+
	421	+	HB0579 Enrolled - 12 - LRB103 04164 CPF 49170 b
	422	+
	423	+
	424	+	HB0579 Enrolled- 13 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 13 - LRB103 04164 CPF 49170 b
	425	+	HB0579 Enrolled - 13 - LRB103 04164 CPF 49170 b
	426	+	1 privilege.
	427	+	2 (j) This Code does not apply to the process used by the
	428	+	3 Capital Development Board to retain an artist or work or works
	429	+	4 of art as required in Section 14 of the Capital Development
	430	+	5 Board Act.
	431	+	6 (k) This Code does not apply to the process to procure
	432	+	7 contracts, or contracts entered into, by the State Board of
	433	+	8 Elections or the State Electoral Board for hearing officers
	434	+	9 appointed pursuant to the Election Code.
	435	+	10 (l) This Code does not apply to the processes used by the
	436	+	11 Illinois Student Assistance Commission to procure supplies and
	437	+	12 services paid for from the private funds of the Illinois
	438	+	13 Prepaid Tuition Fund. As used in this subsection (l), "private
	439	+	14 funds" means funds derived from deposits paid into the
	440	+	15 Illinois Prepaid Tuition Trust Fund and the earnings thereon.
	441	+	16 (m) This Code shall apply regardless of the source of
	442	+	17 funds with which contracts are paid, including federal
	443	+	18 assistance moneys. Except as specifically provided in this
	444	+	19 Code, this Code shall not apply to procurement expenditures
	445	+	20 necessary for the Department of Public Health to conduct the
	446	+	21 Healthy Illinois Survey in accordance with Section 2310-431 of
	447	+	22 the Department of Public Health Powers and Duties Law of the
	448	+	23 Civil Administrative Code of Illinois.
	449	+	24 (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
	450	+	25 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
	451	+	26 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
	452	+
	453	+
	454	+
	455	+
	456	+
	457	+	HB0579 Enrolled - 13 - LRB103 04164 CPF 49170 b
	458	+
	459	+
	460	+	HB0579 Enrolled- 14 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 14 - LRB103 04164 CPF 49170 b
	461	+	HB0579 Enrolled - 14 - LRB103 04164 CPF 49170 b
	462	+	1 eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
	463	+	2 102-1116, eff. 1-10-23.)
	464	+	3 Section 20. The Illinois Health Benefits Exchange Law is
	465	+	4 amended by changing Section 5-5 and by adding Sections 5-21,
	466	+	5 5-22, 5-23, and 5-24 as follows:
	467	+	6 (215 ILCS 122/5-5)
	468	+	7 Sec. 5-5. State health benefits exchange. It is declared
	469	+	8 that this State, beginning October 1, 2013, in accordance with
	470	+	9 Section 1311 of the federal Patient Protection and Affordable
	471	+	10 Care Act, shall establish a State health benefits exchange to
	472	+	11 be known as the Illinois Health Benefits Exchange in order to
	473	+	12 help individuals and small employers with no more than 50
	474	+	13 employees shop for, select, and enroll in qualified,
	475	+	14 affordable private health plans that fit their needs at
	476	+	15 competitive prices. The Exchange shall separate coverage pools
	477	+	16 for individuals and small employers and shall supplement and
	478	+	17 not supplant any existing private health insurance market for
	479	+	18 individuals and small employers. The Department of Insurance
	480	+	19 shall operate the Illinois Health Benefits Exchange as a
	481	+	20 State-based exchange using the federal platform by plan year
	482	+	21 2025 and as a State-based exchange by plan year 2026. The
	483	+	22 Director of Insurance may require that all plans in the
	484	+	23 individual and small group markets, other than grandfathered
	485	+	24 health plans, be made available for comparison on the Illinois
	486	+
	487	+
	488	+
	489	+
	490	+
	491	+	HB0579 Enrolled - 14 - LRB103 04164 CPF 49170 b
	492	+
	493	+
	494	+	HB0579 Enrolled- 15 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 15 - LRB103 04164 CPF 49170 b
	495	+	HB0579 Enrolled - 15 - LRB103 04164 CPF 49170 b
	496	+	1 Health Benefits Exchange, but may not require that all plans
	497	+	2 in the individual and small group markets be purchased
	498	+	3 exclusively on the Illinois Health Benefits Exchange. Through
	499	+	4 the adoption of rules, the Director of Insurance may require
	500	+	5 that plans offered on the exchange conform with standardized
	501	+	6 plan designs that provide for standardized cost sharing for
	502	+	7 covered health services. Except when it is inconsistent with
	503	+	8 State law, the Department of Insurance shall enforce the
	504	+	9 coverage requirements under the federal Patient Protection and
	505	+	10 Affordable Care Act, including the coverage of all United
	506	+	11 States Preventive Services Task Force Grade A and B preventive
	507	+	12 services without cost sharing notwithstanding any federal
	508	+	13 overturning or repeal of 42 U.S.C. 300gg-13(a)(1), that apply
	509	+	14 to the individual and small group markets. The Director of
	510	+	15 Insurance may elect to add a small business health options
	511	+	16 program to the Illinois Health Benefits Exchange to help small
	512	+	17 employers enroll their employees in qualified health plans in
	513	+	18 the small group market. The General Assembly shall appropriate
	514	+	19 funds to establish the Illinois Health Benefits Exchange.
	515	+	20 (Source: P.A. 97-142, eff. 7-14-11.)
	516	+	21 (215 ILCS 122/5-21 new)
	517	+	22 Sec. 5-21. Monthly assessments.
	518	+	23 (a) The Director of Insurance may apply a monthly
	519	+	24 assessment to each health benefits plan sold on the Illinois
	520	+	25 Health Benefits Exchange. The assessment shall be paid by the
	521	+
	522	+
	523	+
	524	+
	525	+
	526	+	HB0579 Enrolled - 15 - LRB103 04164 CPF 49170 b
	527	+
	528	+
	529	+	HB0579 Enrolled- 16 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 16 - LRB103 04164 CPF 49170 b
	530	+	HB0579 Enrolled - 16 - LRB103 04164 CPF 49170 b
	531	+	1 issuer and to the Department of Insurance and shall be used
	532	+	2 only for the purpose of supporting the exchange through
	533	+	3 exchange operations, outreach, and enrollment, including any
	534	+	4 efforts that may result in a benefit to policyholders. The
	535	+	5 assessment may be applied at a rate of:
	536	+	6 (1) 0.5% of the total monthly premium charged by an
	537	+	7 issuer for each health benefits plan during any period
	538	+	8 that the State is on a State-based exchange using the
	539	+	9 federal platform; or
	540	+	10 (2) 2.75% of the total monthly premium charged by an
	541	+	11 issuer for each health benefits plan during any period
	542	+	12 that the State is on the State-based exchange. The
	543	+	13 Director of Insurance shall adjust this rate to ensure
	544	+	14 that the Illinois Health Benefits Exchange is fully
	545	+	15 funded, but in no case shall the assessment be applied at a
	546	+	16 rate that exceeds 3.5% of the total monthly premium
	547	+	17 charged by a carrier. If the Director determines it is
	548	+	18 necessary to adjust the rate pursuant to this paragraph,
	549	+	19 the Director shall, in advance of the adjustment, post on
	550	+	20 the Department's website a report describing the reasons
	551	+	21 and justifications for the adjustment, which shall be
	552	+	22 consistent with the purposes of supporting the Illinois
	553	+	23 Health Benefits Exchange as provided in this Section, at
	554	+	24 least 120 days before the implementation of the rate
	555	+	25 adjustment.
	556	+	26 (b) The Director of Insurance shall notify an issuer 120
	557	+
	558	+
	559	+
	560	+
	561	+
	562	+	HB0579 Enrolled - 16 - LRB103 04164 CPF 49170 b
	563	+
	564	+
	565	+	HB0579 Enrolled- 17 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 17 - LRB103 04164 CPF 49170 b
	566	+	HB0579 Enrolled - 17 - LRB103 04164 CPF 49170 b
	567	+	1 days before the implementation of its assessment rate for the
	568	+	2 subsequent year. Issuers must remit the assessment due in
	569	+	3 monthly installments to the Department of Insurance.
	570	+	4 (c) The assessment described in this Section shall be
	571	+	5 considered a special purpose obligation and may not be applied
	572	+	6 by issuers to vary premium rates at the plan level.
	573	+	7 (d) There is created a special fund within the State
	574	+	8 treasury to be known as the Illinois Health Benefits Exchange
	575	+	9 Fund. The Illinois Health Benefits Exchange Fund shall be the
	576	+	10 repository for moneys collected pursuant to fees or
	577	+	11 assessments on exchange issuers, federal financial
	578	+	12 participation as appropriate, and other moneys received as
	579	+	13 grants or otherwise appropriated for the purposes of
	580	+	14 supporting health insurance outreach, enrollment efforts, and
	581	+	15 plan management operations through an exchange. All moneys in
	582	+	16 the Fund shall be used, subject to appropriation, only for the
	583	+	17 purpose of supporting the exchange through exchange
	584	+	18 operations, outreach, enrollment, and other means of
	585	+	19 supporting the exchange, including any efforts that may result
	586	+	20 in a benefit to policyholders.
	587	+	21 (215 ILCS 122/5-22 new)
	588	+	22 Sec. 5-22. State medical assistance program coordination.
	589	+	23 (a) The Department of Insurance and the Department of
	590	+	24 Healthcare and Family Services shall coordinate the operations
	591	+	25 of the exchange with the operations of State medical
	592	+
	593	+
	594	+
	595	+
	596	+
	597	+	HB0579 Enrolled - 17 - LRB103 04164 CPF 49170 b
	598	+
	599	+
	600	+	HB0579 Enrolled- 18 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 18 - LRB103 04164 CPF 49170 b
	601	+	HB0579 Enrolled - 18 - LRB103 04164 CPF 49170 b
	602	+	1 assistance programs. The Department of Healthcare and Family
	603	+	2 Services shall oversee and operate the exchange eligibility
	604	+	3 rules engine to ensure accurate assessments and determinations
	605	+	4 of exchange and State medical assistance program eligibility.
	606	+	5 (b) The exchange may determine eligibility for State
	607	+	6 medical assistance programs that use the modified adjusted
	608	+	7 gross income methodology.
	609	+	8 (c) The exchange may be used for enrollment into State
	610	+	9 medical assistance program health plans.
	611	+	10 (d) The Department of Healthcare and Family Services shall
	612	+	11 request federal financial participation funds from the Centers
	613	+	12 for Medicare and Medicaid Services for any integrated
	614	+	13 eligibility and enrollment functions of the exchange.
	615	+	14 (215 ILCS 122/5-23 new)
	616	+	15 Sec. 5-23. Department of Insurance and Department of
	617	+	16 Healthcare and Family Services authority.
	618	+	17 (a) The Department of Insurance and the Department of
	619	+	18 Healthcare and Family Services, in addition to the powers
	620	+	19 granted under the Illinois Insurance Code and the Illinois
	621	+	20 Public Aid Code, have the power necessary to establish and
	622	+	21 operate the Illinois Health Benefits Exchange, including, but
	623	+	22 not limited to, the authority to:
	624	+	23 (1) adopt rules deemed necessary by the departments to
	625	+	24 implement this Law;
	626	+	25 (2) employ or retain sufficient personnel to provide
	627	+
	628	+
	629	+
	630	+
	631	+
	632	+	HB0579 Enrolled - 18 - LRB103 04164 CPF 49170 b
	633	+
	634	+
	635	+	HB0579 Enrolled- 19 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 19 - LRB103 04164 CPF 49170 b
	636	+	HB0579 Enrolled - 19 - LRB103 04164 CPF 49170 b
	637	+	1 administration, staffing, and necessary related support
	638	+	2 required to adequately discharge the duties described in
	639	+	3 this Law from funds held in the Illinois Health Benefits
	640	+	4 Exchange Fund;
	641	+	5 (3) procure services, including a call center, and
	642	+	6 goods for the purpose of establishing the Illinois Health
	643	+	7 Benefits Exchange, including, but not limited to,
	644	+	8 procurements in conformance with paragraph (22) of
	645	+	9 subsection (b) of Section 1-10 of the Illinois Procurement
	646	+	10 Code; and
	647	+	11 (4) require any exchange vendor to have experience
	648	+	12 operating a State-based exchange in another state.
	649	+	13 (b) The Department of Insurance has the authority to
	650	+	14 employ a Marketplace Director of the Illinois Health Benefits
	651	+	15 Exchange.
	652	+	16 (215 ILCS 122/5-24 new)
	653	+	17 Sec. 5-24. Illinois Health Benefits Exchange Advisory
	654	+	18 Committee.
	655	+	19 (a) The Director of Insurance shall establish the Illinois
	656	+	20 Health Benefits Exchange Advisory Committee no later than
	657	+	21 December 31, 2023. The Illinois Health Benefits Exchange
	658	+	22 Advisory Committee shall be tasked with making recommendations
	659	+	23 to the Marketplace Director of the Illinois Health Benefits
	660	+	24 Exchange concerning the operation of the exchange, and the
	661	+	25 Committee shall hold its first meeting no later than 90 days
	662	+
	663	+
	664	+
	665	+
	666	+
	667	+	HB0579 Enrolled - 19 - LRB103 04164 CPF 49170 b
	668	+
	669	+
	670	+	HB0579 Enrolled- 20 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 20 - LRB103 04164 CPF 49170 b
	671	+	HB0579 Enrolled - 20 - LRB103 04164 CPF 49170 b
	672	+	1 following the establishment of the Committee and shall meet
	673	+	2 quarterly thereafter. The Marketplace Director shall make a
	674	+	3 quarterly report to the Committee.
	675	+	4 (b) The Department of Insurance shall present regular and
	676	+	5 timely reports to the Illinois Health Benefits Exchange
	677	+	6 Advisory Committee regarding the progress in the development
	678	+	7 and ongoing operations of the Illinois Health Benefits
	679	+	8 Exchange before its establishment by plan year 2026. The
	680	+	9 reports shall be posted to the Department of Insurance's
	681	+	10 website and include information on the Department of
	682	+	11 Insurance's progress toward establishing and maintaining the
	683	+	12 Illinois Health Benefits Exchange with the goal of ensuring an
	684	+	13 effective and efficient transition from the federal platform
	685	+	14 to the State-based exchange for individuals, employers, and
	686	+	15 health insurance issuers while mitigating loss of health
	687	+	16 insurance coverage for any potential consumer. The Department
	688	+	17 of Insurance's progress reports shall provide information
	689	+	18 including, but not limited to, transparency, user
	690	+	19 understandability, plan compliance, outreach and education,
	691	+	20 systems operations, and annual fiscal projections. The
	692	+	21 Department of Insurance shall gather stakeholder input in
	693	+	22 developing operational plans and preparing the reports for the
	694	+	23 Illinois Health Benefits Exchange Advisory Committee.
	695	+	24 (c) The Illinois Health Benefits Exchange Advisory
	696	+	25 Committee shall include the following members:
	697	+	26 (1) The Director of Insurance, or the Director's
	698	+
	699	+
	700	+
	701	+
	702	+
	703	+	HB0579 Enrolled - 20 - LRB103 04164 CPF 49170 b
	704	+
	705	+
	706	+	HB0579 Enrolled- 21 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 21 - LRB103 04164 CPF 49170 b
	707	+	HB0579 Enrolled - 21 - LRB103 04164 CPF 49170 b
	708	+	1 designee, who shall serve ex officio and as co-chair;
	709	+	2 (2) The Director of Healthcare and Family Services, or
	710	+	3 the Director's designee, who shall serve ex officio and as
	711	+	4 co-chair;
	712	+	5 (3) The Secretary of Human Services, or the
	713	+	6 Secretary's designee, who shall serve ex officio; and
	714	+	7 (4) 10 public members, who shall be residents of this
	715	+	8 State, appointed by the Governor with the advice and
	716	+	9 consent of the Senate. The Governor may make temporary
	717	+	10 appointments until the next meeting of the Senate. The
	718	+	11 Governor shall consider the diversity of this State in the
	719	+	12 selection of the committee members. The public members
	720	+	13 shall include:
	721	+	14 (A) one representative of a statewide organization
	722	+	15 representing a majority of Illinois hospitals;
	723	+	16 (B) one representative of a statewide insurance
	724	+	17 producer professional trade association whose
	725	+	18 membership is primarily composed of individuals
	726	+	19 licensed under the Illinois Insurance Code;
	727	+	20 (C) 2 representatives of a health insurance
	728	+	21 consumer advocacy group;
	729	+	22 (D) one representative with expertise in
	730	+	23 enrollment and consumer assistance;
	731	+	24 (E) 2 representatives of health insurance issuers
	732	+	25 or issuer trade associations, at least one of which
	733	+	26 represents a State-domiciled mutual health insurance
	734	+
	735	+
	736	+
	737	+
	738	+
	739	+	HB0579 Enrolled - 21 - LRB103 04164 CPF 49170 b
	740	+
	741	+
	742	+	HB0579 Enrolled- 22 -LRB103 04164 CPF 49170 b HB0579 Enrolled - 22 - LRB103 04164 CPF 49170 b
	743	+	HB0579 Enrolled - 22 - LRB103 04164 CPF 49170 b
	744	+	1 company, with a demonstrated expertise in the business
	745	+	2 of health insurance or health benefits administration;
	746	+	3 (F) one representative of a statewide association
	747	+	4 representing small business owners;
	748	+	5 (G) one representative of a statewide organization
	749	+	6 representing physicians; and
	750	+	7 (H) one academic or research professional with
	751	+	8 expertise in health insurance.
	752	+	9 (d) Members of the Illinois Health Benefits Exchange
	753	+	10 Advisory Committee shall serve for a term of 2 years, shall
	754	+	11 serve without compensation, and shall not be entitled to
	755	+	12 reimbursement. The Department of Insurance shall provide
	756	+	13 administrative support to the Illinois Health Benefits
	757	+	14 Exchange Advisory Committee.
	758	+	15 (e) The Committee's quarterly meetings shall be open to
	759	+	16 the public and subject to the Open Meetings Act.
	760	+	17 Section 99. Effective date. This Act takes effect upon
	761	+	18 becoming law.
	762	+
	763	+
	764	+
	765	+
	766	+
	767	+	HB0579 Enrolled - 22 - LRB103 04164 CPF 49170 b