Chapter 215, INSURANCE

(215 ILCS 5/442) (from Ch. 73, par. 1054) Sec. 442. Validation of illegally issued policies. Any contract or policy of insurance or any application, endorsement or rider form used in connection therewith issued in violation of any section of this Code requiring certain provisions…

(215 ILCS 5/443) (from Ch. 73, par. 1055) Sec. 443. Reciprocity. The policies of a company, not organized under the laws of this State, may contain any provision which the law of the state or country under which the company is organized prescribes shall be in such policies when i…

(215 ILCS 5/444) (from Ch. 73, par. 1056) Sec. 444. Retaliation. (1) Whenever the existing or future laws of any other state or country shall require of companies incorporated or organized under the laws of this State as a condition precedent to their doing business in such other…

(215 ILCS 5/444.1) (from Ch. 73, par. 1056.1) Sec. 444.1. Payment of retaliatory taxes. (1) Every foreign or alien company doing insurance business in this State shall pay the Director the retaliatory tax determined in accordance with Section 444. (2) (a) All companies subject to…

(215 ILCS 5/445) (from Ch. 73, par. 1057) Sec. 445. Surplus line. (1) Definitions. For the purposes of this Section: "Affiliate" means, with respect to an insured, any entity that controls, is controlled by, or is under common control with the insured. For the purpose of this def…

(215 ILCS 5/445.1) (from Ch. 73, par. 1057.1) Sec. 445.1. Surplus Line Association of Illinois. There is hereby created a non-profit association to be known as the Surplus Line Association of Illinois. All surplus line producers shall be and must remain individual members of the …

(215 ILCS 5/445.2) (from Ch. 73, par. 1057.2) Sec. 445.2. Board of Directors. The Association shall function through a Board of Directors elected by the Association members, and officers who shall be elected by the Board of Directors. The Board of Directors of the Association sha…

(215 ILCS 5/445.3) (from Ch. 73, par. 1057.3) Sec. 445.3. Plan of Operation. (1) The Association shall submit to the Director a plan of operation and any amendments thereto to provide operating procedures for the administration of the Association. The plan of operation and any am…

(215 ILCS 5/445.4) (from Ch. 73, par. 1057.4) Sec. 445.4. Examination. The Director shall, at such times as he deems necessary, make or cause to be made an examination of the Association. The reasonable cost of any such examination shall be paid by the Association upon presentati…

(215 ILCS 5/445.5) (from Ch. 73, par. 1057.5) Sec. 445.5. Immunity. There shall be no liability on the part of and no causes of action of any nature shall arise against the Association, its directors, officers, agents or employees, or the Director of Insurance or his representati…

(215 ILCS 5/445a) Sec. 445a. Domestic surplus line insurer. (a) A domestic insurer possessing policyholder surplus of at least $15,000,000 may pursuant to a resolution by its board of directors, and with the written approval of the Director, be designated as a "domestic surplus l…

(215 ILCS 5/446) (from Ch. 73, par. 1058) Sec. 446. Penalties. Any person who violates any of the provisions of this Code, or fails to comply with any duty imposed upon him or it by any provision of this law, for which violation or failure no penalty is elsewhere provided by the …

(215 ILCS 5/447) (from Ch. 73, par. 1059) Sec. 447. Domestic company's adoption of code. Any company, other than a stock company, heretofore organized or incorporated under the laws of this State may, without reincorporation, avail itself of all the provisions of this Code by fil…

(215 ILCS 5/448) (from Ch. 73, par. 1060) Sec. 448. Certain powers reserved to General Assembly. The General Assembly shall at all times have power to prescribe such regulations, provisions, and limitations as it may deem advisable, which regulations, provisions, and limitations …

(215 ILCS 5/449) (from Ch. 73, par. 1061) Sec. 449. Effect of repeal of prior law. The repeal of a law by this Code shall not affect any right accrued or established, or any liability or penalty incurred, under the provisions of such law, prior to the repeal thereof. (Source: Law…

(215 ILCS 97/45) Sec. 45. Exclusion of certain plans. (A) Exception for certain small group health plans. The requirements of this Act shall not apply to any group health plan (and health insurance coverage offered in connection with a group health plan) for any plan year if, on …

(215 ILCS 110/45) (from Ch. 32, par. 690.45) Sec. 45. The provisions of this Act are severable, and if any provision of this Act is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the …

(215 ILCS 200/45) Sec. 45. Requirements applicable to the personnel who can review appeals. A health insurance issuer or its contracted utilization review organization must ensure that all appeals are reviewed by a physician when the request is by a physician or a representative …

(215 ILCS 109/45) Sec. 45. Prior authorization; consent forms. A plan for which prior authorization is a condition to coverage of a service must clearly disclose this provision in the evidence of coverage. (Source: P.A. 91-355, eff. 1-1-00.)

(215 ILCS 152/45) Sec. 45. Record keeping requirements. (a) The service contract provider shall keep accurate accounts, books, and records concerning transactions regulated under this Act. (b) The service contract provider's accounts, books, and records shall include the followin…

(215 ILCS 159/45) Sec. 45. General rules. (a) A viatical settlement provider entering into a viatical settlement contract shall first obtain: (1) if the viator is the insured, a written statement from a licensed attending physician that the viator is of sound mind and under no co…

(215 ILCS 134/45) Sec. 45. Health care services appeals, complaints, and external independent reviews. (a) A health care plan shall establish and maintain an appeals procedure as outlined in this Act. Compliance with this Act's appeals procedures shall satisfy a health care plan'…

(215 ILCS 157/45) Sec. 45. Enforcement; rates not regulated. (a) The Department shall enforce the provisions of this Act pursuant to the enforcement powers granted to it under the Illinois Insurance Code. The Department may promulgate rules necessary to enforce and administer thi…

(215 ILCS 121/45) Sec. 45. Other laws; rulemaking authority. (a) The requirements of this Act shall not apply to any individual or entity licensed as an insurance producer in this State. (b) Pursuant to the authority granted by this Act, the Director may adopt rules as may be nec…

(215 ILCS 180/45) Sec. 45. Binding nature of external review decision. An external review decision is binding on the health carrier. An external review decision is binding on the covered person except to the extent the covered person has other remedies available under applicable …

(215 ILCS 5/45) (from Ch. 73, par. 657) (Section scheduled to be repealed on January 1, 2037) Sec. 45. Documents to be delivered to Director by incorporators. Upon the execution of the articles of incorporation, there shall be delivered to the Director (a) duplicate originals of …

(215 ILCS 113/45) Sec. 45. Exclusivity and vicarious liability. Subject to any contrary provisions of the contract between the client and the employee leasing company, the employee leasing arrangement that exists between an employee leasing company and its clients shall be interp…

(215 ILCS 106/45) Sec. 45. Study. (a) The Department shall conduct a study which includes, but is not limited to, the following: (1) Establishes estimates, broken down by regions of the State, of the number of children with health insurance coverage and without health insurance c…

(215 ILCS 161/45) (This Section may contain text from a Public Act with a delayed effective date) Sec. 45. Participation in vision care discount plans. A vision care organization shall not require an eye care provider to contract for services under a vision care discount plan as …

(215 ILCS 100/45) (from Ch. 73, par. 1645) Sec. 45. Duties of reinsurers utilizing the services of a reinsurance intermediary manager. (a) A reinsurer shall not engage the services of any person, firm, association, or corporation to act as an intermediary manager on its behalf un…

(215 ILCS 215/45) Sec. 45. Rules. The Department may, in accordance with the Illinois Administrative Procedure Act and Section 401 of the Illinois Insurance Code, adopt such rules as shall be necessary to carry out the provisions of this Act. (Source: P.A. 103-142, eff. 1-1-24.)…

(215 ILCS 5/45.1) (from Ch. 73, par. 657.1) (Section scheduled to be repealed on January 1, 2037) Sec. 45.1. Escrow agreements. The company shall designate a bank or trust company with whom it will enter into an escrow agreement, which agreement shall state that the organization …

(215 ILCS 134/45.1) Sec. 45.1. Medical exceptions procedures required. (a) Notwithstanding any other provision of law, on or after January 1, 2018 (the effective date of Public Act 99-761), every insurer licensed in this State to sell a policy of group or individual accident and …

(215 ILCS 134/45.2) Sec. 45.2. Prior authorization form; prescription benefits. (a) Notwithstanding any other provision of law, on and after January 1, 2015, a health insurer that provides prescription drug benefits must, within 72 hours after receipt of a paper or electronic pri…

(215 ILCS 134/45.3) Sec. 45.3. Prescription drug benefits; plan choice. (a) Notwithstanding any other provision of law, beginning January 1, 2023, every health insurance carrier that offers an individual health plan that provides coverage for prescription drugs shall ensure that …

(215 ILCS 5/450) (from Ch. 73, par. 1062) Sec. 450. Effect of invalidity of part of code. If any provision of this Code, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of the Code, and the application of such provision to…

(215 ILCS 5/451) (from Ch. 73, par. 1063) Sec. 451. Companies not subject to Code. This Code shall not apply to companies now or hereafter organized or transacting business under the Title Insurance Act, or Act amendatory thereof, supplementary thereto, or in replacement thereof;…

(215 ILCS 5/452) (from Ch. 73, par. 1064) Sec. 452. Civil Administrative Code of Illinois. Nothing in this Code contained shall be held or construed to alter, modify, or repeal any of the provisions of the Civil Administrative Code of Illinois. (Source: P.A. 101-81, eff. 7-12-19.…

(215 ILCS 5/454) (from Ch. 73, par. 1065.1) Sec. 454. Purpose of Article. The purpose of this Article is to promote the public welfare by regulating workers' compensation and employer's liability insurance rates to the end that they shall not be excessive, inadequate or unfairly …

(215 ILCS 5/455) (from Ch. 73, par. 1065.2) Sec. 455. Scope of article. This Article applies to workers' compensation and employers' liability insurance incidental thereto and written in connection therewith but shall not apply to reinsurance thereon. (Source: P.A. 81-992.)

(215 ILCS 5/456) (from Ch. 73, par. 1065.3) Sec. 456. Making of rates. (1) All rates shall be made in accordance with the following provisions: (a) Due consideration shall be given to past and prospective loss experience within and outside this state, to catastrophe hazards, if a…

(215 ILCS 5/457) (from Ch. 73, par. 1065.4) Sec. 457. Rate filings. (1) Every company shall prefile with the Director every manual of classifications, every manual of rules and rates, every rating plan and every modification of the foregoing which it intends to use. Such filings …

(215 ILCS 5/458) (from Ch. 73, par. 1065.5) Sec. 458. Disapproval of filings. (1) If within 30 days of any filing the Director finds that such filing does not meet the requirements of this Article, he shall send to the company or rating organization which made such filing a writt…

(215 ILCS 5/459) (from Ch. 73, par. 1065.6) Sec. 459. Rating organizations. (1) A corporation, an unincorporated association, a partnership or an individual, whether located within or outside this state, may make application to the Director for license as a rating organization fo…

(215 ILCS 5/46) (from Ch. 73, par. 658) (Section scheduled to be repealed on January 1, 2037) Sec. 46. Organization bonds. The incorporators shall deliver to the Director two bonds in the same penalties and containing the same provisions, so far as applicable, as the bonds requir…

(215 ILCS 110/46) (from Ch. 32, par. 690.46) Sec. 46. Every final administrative decision of the Director is subject to judicial review only under and in accordance with the Administrative Review Law, as amended. The Administrative Review Law and all amendments and modifications …

(215 ILCS 5/461) (from Ch. 73, par. 1065.8) Sec. 461. Appeal by minority. Any member of or subscriber to a rating organization may appeal to the Director from the action or decision of such rating organization in approving or rejecting any proposed change in or addition to the fi…

(215 ILCS 5/462) (from Ch. 73, par. 1065.9) Sec. 462. Information to be furnished insureds - Hearings and appeals of insureds. Every rating organization, and every company which does not adopt the rates of a rating organization, shall, within a reasonable time after receiving wri…

(215 ILCS 5/462a) Sec. 462a. Premium increase notice. A policy of workers' compensation insurance issued, delivered, amended, or renewed on or after January 1, 2019 shall remain in full force and effect subject to the same terms and conditions, loss cost multipliers, and classifi…

(215 ILCS 5/462b) (from Ch. 73, par. 1065.9b) Sec. 462b. Insurance companies shall apply correct classifications, payrolls and other factors of a rating system to compute premiums. If the application of incorrect classifications, payrolls or any other factors of a rating system r…