Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2063 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2063 Introduced 2/6/2025, by Sen. Paul Faraci SYNOPSIS AS INTRODUCED: 215 ILCS 5/155.18 from Ch. 73, par. 767.18215 ILCS 5/155.18b new Amends the Illinois Insurance Code. Provides that companies that issue medical liability insurance must evaluate premium rates based on the specific scope of practice of each insured physician who specializes in obstetric and gynecologic services (OB-GYN), considering whether the OB-GYN provides obstetric services, including childbirth, or limits the OB-GYN's practice to gynecologic services only. Requires companies that issue medical liability insurance to classify OB-GYNs who do not provide obstetric services as lower-risk providers for the purposes of determining premium rates. Requires the Department of Insurance to establish guidelines for companies that issue medical liability insurance to classify and adjust premiums based on the risk profiles of OB-GYNs. LRB104 08937 BAB 18992 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2063 Introduced 2/6/2025, by Sen. Paul Faraci SYNOPSIS AS INTRODUCED: 215 ILCS 5/155.18 from Ch. 73, par. 767.18215 ILCS 5/155.18b new 215 ILCS 5/155.18 from Ch. 73, par. 767.18 215 ILCS 5/155.18b new Amends the Illinois Insurance Code. Provides that companies that issue medical liability insurance must evaluate premium rates based on the specific scope of practice of each insured physician who specializes in obstetric and gynecologic services (OB-GYN), considering whether the OB-GYN provides obstetric services, including childbirth, or limits the OB-GYN's practice to gynecologic services only. Requires companies that issue medical liability insurance to classify OB-GYNs who do not provide obstetric services as lower-risk providers for the purposes of determining premium rates. Requires the Department of Insurance to establish guidelines for companies that issue medical liability insurance to classify and adjust premiums based on the risk profiles of OB-GYNs. LRB104 08937 BAB 18992 b LRB104 08937 BAB 18992 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2063 Introduced 2/6/2025, by Sen. Paul Faraci SYNOPSIS AS INTRODUCED:
3	3	215 ILCS 5/155.18 from Ch. 73, par. 767.18215 ILCS 5/155.18b new 215 ILCS 5/155.18 from Ch. 73, par. 767.18 215 ILCS 5/155.18b new
4	4	215 ILCS 5/155.18 from Ch. 73, par. 767.18
5	5	215 ILCS 5/155.18b new
6	6	Amends the Illinois Insurance Code. Provides that companies that issue medical liability insurance must evaluate premium rates based on the specific scope of practice of each insured physician who specializes in obstetric and gynecologic services (OB-GYN), considering whether the OB-GYN provides obstetric services, including childbirth, or limits the OB-GYN's practice to gynecologic services only. Requires companies that issue medical liability insurance to classify OB-GYNs who do not provide obstetric services as lower-risk providers for the purposes of determining premium rates. Requires the Department of Insurance to establish guidelines for companies that issue medical liability insurance to classify and adjust premiums based on the risk profiles of OB-GYNs.
7	7	LRB104 08937 BAB 18992 b LRB104 08937 BAB 18992 b
8	8	LRB104 08937 BAB 18992 b
9	9	A BILL FOR
10	10	SB2063LRB104 08937 BAB 18992 b SB2063 LRB104 08937 BAB 18992 b
11	11	SB2063 LRB104 08937 BAB 18992 b
12	12	1 AN ACT concerning regulation.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. This Act may be referred to as the OB-GYN
16	16	5 Malpractice Premium Adjustment Law.
17	17	6 Section 5. The Illinois Insurance Code is amended by
18	18	7 changing Section 155.18 and by adding Section 155.18b as
19	19	8 follows:
20	20	9 (215 ILCS 5/155.18) (from Ch. 73, par. 767.18)
21	21	10 Sec. 155.18. (a) This Section shall apply to insurance on
22	22	11 risks based upon negligence by a physician, hospital or other
23	23	12 health care provider, referred to herein as medical liability
24	24	13 insurance. This Section shall not apply to contracts of
25	25	14 reinsurance, nor to any farm, county, district or township
26	26	15 mutual insurance company transacting business under an Act
27	27	16 entitled "An Act relating to local mutual district, county and
28	28	17 township insurance companies", approved March 13, 1936, as now
29	29	18 or hereafter amended, nor to any such company operating under
30	30	19 a special charter.
31	31	20 To the extent that the provisions of this Section conflict
32	32	21 with the provisions of Section 155.18b, the provisions of
33	33	22 Section 155.18b control.
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2063 Introduced 2/6/2025, by Sen. Paul Faraci SYNOPSIS AS INTRODUCED:
38	38	215 ILCS 5/155.18 from Ch. 73, par. 767.18215 ILCS 5/155.18b new 215 ILCS 5/155.18 from Ch. 73, par. 767.18 215 ILCS 5/155.18b new
39	39	215 ILCS 5/155.18 from Ch. 73, par. 767.18
40	40	215 ILCS 5/155.18b new
41	41	Amends the Illinois Insurance Code. Provides that companies that issue medical liability insurance must evaluate premium rates based on the specific scope of practice of each insured physician who specializes in obstetric and gynecologic services (OB-GYN), considering whether the OB-GYN provides obstetric services, including childbirth, or limits the OB-GYN's practice to gynecologic services only. Requires companies that issue medical liability insurance to classify OB-GYNs who do not provide obstetric services as lower-risk providers for the purposes of determining premium rates. Requires the Department of Insurance to establish guidelines for companies that issue medical liability insurance to classify and adjust premiums based on the risk profiles of OB-GYNs.
42	42	LRB104 08937 BAB 18992 b LRB104 08937 BAB 18992 b
43	43	LRB104 08937 BAB 18992 b
44	44	A BILL FOR
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50	50	215 ILCS 5/155.18 from Ch. 73, par. 767.18
51	51	215 ILCS 5/155.18b new
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70	70	1 (b) The following standards shall apply to the making and
71	71	2 use of rates pertaining to all classes of medical liability
72	72	3 insurance:
73	73	4 (1) Rates shall not be excessive or inadequate, as
74	74	5 herein defined, nor shall they be unfairly discriminatory.
75	75	6 No rate shall be held to be excessive unless such rate is
76	76	7 unreasonably high for the insurance provided, and a
77	77	8 reasonable degree of competition does not exist in the
78	78	9 area with respect to the classification to which such rate
79	79	10 is applicable.
80	80	11 No rate shall be held inadequate unless it is
81	81	12 unreasonably low for the insurance provided and continued
82	82	13 use of it would endanger solvency of the company.
83	83	14 (2) Consideration shall be given, to the extent
84	84	15 applicable, to past and prospective loss experience within
85	85	16 and outside this State, to a reasonable margin for
86	86	17 underwriting profit and contingencies, to past and
87	87	18 prospective expenses both countrywide and those especially
88	88	19 applicable to this State, and to all other factors,
89	89	20 including judgment factors, deemed relevant within and
90	90	21 outside this State.
91	91	22 Consideration may also be given in the making and use
92	92	23 of rates to dividends, savings or unabsorbed premium
93	93	24 deposits allowed or returned by companies to their
94	94	25 policyholders, members or subscribers.
95	95	26 (3) The systems of expense provisions included in the
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106	106	1 rates for use by any company or group of companies may
107	107	2 differ from those of other companies or groups of
108	108	3 companies to reflect the operating methods of any such
109	109	4 company or group with respect to any kind of insurance, or
110	110	5 with respect to any subdivision or combination thereof.
111	111	6 (4) Risks may be grouped by classifications for the
112	112	7 establishment of rates and minimum premiums.
113	113	8 Classification rates may be modified to produce rates for
114	114	9 individual risks in accordance with rating plans which
115	115	10 establish standards for measuring variations in hazards or
116	116	11 expense provisions, or both. Such standards may measure
117	117	12 any difference among risks that have a probable effect
118	118	13 upon losses or expenses. Such classifications or
119	119	14 modifications of classifications of risks may be
120	120	15 established based upon size, expense, management,
121	121	16 individual experience, location or dispersion of hazard,
122	122	17 or any other reasonable considerations and shall apply to
123	123	18 all risks under the same or substantially the same
124	124	19 circumstances or conditions. The rate for an established
125	125	20 classification should be related generally to the
126	126	21 anticipated loss and expense factors of the class.
127	127	22 (c) Every company writing medical liability insurance
128	128	23 shall file with the Director of Insurance the rates and rating
129	129	24 schedules it uses for medical liability insurance.
130	130	25 (1) This filing shall occur at least annually and as
131	131	26 often as the rates are changed or amended.
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142	142	1 (2) For the purposes of this Section any change in
143	143	2 premium to the company's insureds as a result of a change
144	144	3 in the company's base rates or a change in its increased
145	145	4 limits factors shall constitute a change in rates and
146	146	5 shall require a filing with the Director.
147	147	6 (3) It shall be certified in such filing by an officer of
148	148	7 the company and a qualified actuary that the company's rates
149	149	8 are based on sound actuarial principles and are not
150	150	9 inconsistent with the company's experience.
151	151	10 (d) If after a hearing the Director finds:
152	152	11 (1) that any rate, rating plan or rating system
153	153	12 violates the provisions of this Section applicable to it,
154	154	13 he may issue an order to the company which has been the
155	155	14 subject of the hearing specifying in what respects such
156	156	15 violation exists and stating when, within a reasonable
157	157	16 period of time, the further use of such rate or rating
158	158	17 system by such company in contracts of insurance made
159	159	18 thereafter shall be prohibited;
160	160	19 (2) that the violation of any of the provisions of
161	161	20 this Section applicable to it by any company which has
162	162	21 been the subject of hearing was wilful, he may suspend or
163	163	22 revoke, in whole or in part, the certificate of authority
164	164	23 of such company with respect to the class of insurance
165	165	24 which has been the subject of the hearing.
166	166	25 (Source: P.A. 103-426, eff. 8-4-23.)
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177	177	1 (215 ILCS 5/155.18b new)
178	178	2 Sec. 155.18b. Medical liability insurance for
179	179	3 obstetricians and gynecologists.
180	180	4 (a) The purpose of this Section is to ensure fair and
181	181	5 equitable medical malpractice premiums for obstetricians and
182	182	6 gynecologists (OB-GYNs) by requiring companies that issue
183	183	7 medical liability insurance to consider reduced liability risk
184	184	8 for OB-GYNs who do not perform childbirth or obstetric
185	185	9 services.
186	186	10 (b) As used in this Act:
187	187	11 "Gynecologic services" means medical care or procedures
188	188	12 related to female reproductive health, excluding obstetric
189	189	13 services.
190	190	14 "OB-GYN" means a physician, as defined in the Medical
191	191	15 Practice Act of 1987, who specializes in obstetric and
192	192	16 gynecologic services.
193	193	17 "Obstetric services" means any medical care, procedure, or
194	194	18 treatment related to pregnancy, labor, delivery, and
195	195	19 postpartum care.
196	196	20 (c) Companies that issue medical liability insurance must
197	197	21 evaluate premium rates based on the specific scope of practice
198	198	22 of each insured OB-GYN, considering whether the OB-GYN:
199	199	23 (1) provides obstetric services, including childbirth;
200	200	24 or
201	201	25 (2) limits the OB-GYN's practice to gynecologic
202	202	26 services only.
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