Chapter 215, INSURANCE

(215 ILCS 109/75) Sec. 75. Application of other law. (a) All provisions of this Act and other applicable law that are not in conflict with this Act shall apply to managed care dental plans and other persons subject to this Act. To the extent that any provision of this Act or rule…

(215 ILCS 200/75) Sec. 75. Health care services deemed authorized if a health insurance issuer or its contracted utilization review organization fails to comply with the requirements of this Act. A failure by a health insurance issuer or its contracted utilization review organiza…

(215 ILCS 134/75) Sec. 75. Consumer advisory committee. (a) A health care plan shall establish a consumer advisory committee. The consumer advisory committee shall have the authority to identify and review consumer concerns and make advisory recommendations to the health care pla…

(215 ILCS 5/76) (from Ch. 73, par. 688) (Section scheduled to be repealed on January 1, 2037) Sec. 76. Guaranty fund or guaranty capital. Any domestic reciprocal may provide for a surplus by accumulating a guaranty fund or guaranty capital in the same manner and upon the same ter…

(215 ILCS 200/77) Sec. 77. Prior authorization for drug therapies for hereditary bleeding disorders. Notwithstanding any other provision of law, a health insurance issuer or a contracted utilization review organization may not require a prior authorization for drug therapies appr…

(215 ILCS 5/77) (from Ch. 73, par. 689) (Section scheduled to be repealed on January 1, 2037) Sec. 77. Director as attorney - Service of process. (1) The attorney-in-fact of every reciprocal transacting business in this State shall file with the Director a duly executed instrumen…

(215 ILCS 5/78) (from Ch. 73, par. 690) (Section scheduled to be repealed on January 1, 2037) Sec. 78. Governmental subscribers accounts; dividends; other returns. (a) The attorney-in-fact of a governmental reciprocal, in addition to the books of account of the reciprocal, shall …

(215 ILCS 5/79) (from Ch. 73, par. 691) (Section scheduled to be repealed on January 1, 2037) Sec. 79. Reserves. All reciprocals subject to this Article shall maintain reserves calculated in the same manner and upon the same basis as stock and mutual companies doing the same kind…

(215 ILCS 110/8) (from Ch. 32, par. 690.8) Sec. 8. "Subscription certificate" means a certificate issued to a subscriber by a dental service plan corporation, setting forth the terms and conditions upon which a dental service plan corporation shall be liable to pay for dental ser…

(215 ILCS 165/8) (from Ch. 32, par. 602) Sec. 8. Except as otherwise provided by Section 3 of this Act, no person shall offer to the public any voluntary health service plan or otherwise engage in the business of a health service plan corporation without having first received a c…

(215 ILCS 5/8) (from Ch. 73, par. 620) (Section scheduled to be repealed on January 1, 2037) Sec. 8. Principal office and place of business. The principal office of any company organized under this Article shall be located in this State. Unless the Director has approved otherwise…

(215 ILCS 106/8) Sec. 8. COVID-19 public health emergency. Notwithstanding any other provision of this Act, the Department may take necessary actions to address the COVID-19 public health emergency to the extent such actions are required, approved, or authorized by the United Sta…

(215 ILCS 150/8) (from Ch. 148, par. 208) Sec. 8. Every such trust fund shall have no fewer than 3 nor more than 30 trustees. No less than 2/3 of the trustees shall be officers, directors, trustees or full time employees of a beneficiary of the trust fund. (Source: P.A. 80-530.)…

(215 ILCS 105/8) (from Ch. 73, par. 1308) Sec. 8. Minimum benefits. a. Availability. The Plan shall offer in a periodically renewable policy major medical expense coverage to every eligible person who is not eligible for Medicare. Major medical expense coverage offered by the Pla…

(215 ILCS 155/8) (from Ch. 73, par. 1408) Sec. 8. Retained liability. (a) The net retained liability of a title insurance company for a single risk on property located in this State, whether assumed directly or as reinsurance, may not exceed the total surplus to policyholders as …

(215 ILCS 120/8) (from Ch. 73, par. 1258) Sec. 8. Amendment of Articles of Incorporation. (1) A farm mutual company may amend its articles of incorporation in any respect not in violation of this Act. (2) Amendments to the articles shall be made in the following manner: The board…

(215 ILCS 105/8.6) Sec. 8.6. Managed Care Reform and Patient Rights Act. The Plan is subject to the provisions of the Managed Care Reform and Patient Rights Act. (Source: P.A. 91-617, eff. 1-1-00.)

(215 ILCS 105/8.7) Sec. 8.7. Drug formulary; notice. The Plan must comply with Section 155.37 of the Illinois Insurance Code. (Source: P.A. 92-440, eff. 8-17-01.)

(215 ILCS 180/80) Sec. 80. Administration and enforcement. (a) The Director of Insurance may adopt rules necessary to implement the Department's responsibilities under this Act. (b) The Director is authorized to make use of any of the powers established under the Illinois Insuran…

(215 ILCS 200/80) Sec. 80. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or applicatio…

(215 ILCS 109/80) Sec. 80. Limitations on indemnification provisions. No contract between a managed care dental plan and a provider may require that the provider indemnify the managed care dental plan for the Plan's, or its officers, employees, or agents, negligence, willful misc…

(215 ILCS 134/80) Sec. 80. Quality assessment program. (a) A health care plan shall develop and implement a quality assessment and improvement strategy designed to identify and evaluate accessibility, continuity, and quality of care. The health care plan shall have: (1) an ongoin…

(215 ILCS 5/80) (from Ch. 73, par. 692) (Section scheduled to be repealed on January 1, 2037) Sec. 80. Amendments to power of attorney and other documents. (1) The attorney-in-fact of any reciprocal subject to the provisions of this article may amend the declaration of organizati…

(215 ILCS 5/801.1) (Text of Section before amendment by P.A. 104-519) Sec. 801.1. Purpose. The purpose of this Article is to require insurers to make mine subsidence insurance coverage available for residences, living units and commercial buildings located in Illinois; to establi…

(215 ILCS 5/802.1) (Text of Section before amendment by P.A. 104-519) Sec. 802.1. Definitions. As used in this Article: (a) "Commercial Building" means any building, other than a residence, permanently affixed to realty located in Illinois, including basements, footings, foundati…

(215 ILCS 5/803.1) (Text of Section before amendment by P.A. 104-519) Sec. 803.1. Establishment of Fund. (a) There is established a fund to be known as the "Illinois Mine Subsidence Insurance Fund". The Fund shall operate pursuant to this Article. The Fund is authorized to transa…

(215 ILCS 5/804.1) (Text of Section before amendment by P.A. 104-519) Sec. 804.1. Management of the Fund. (a) The Fund shall be managed by an 11 member Board of Directors, 6 of whom shall be insurance industry directors, 4 of whom shall be public directors, and one of whom shall …

(215 ILCS 5/805.1) (Text of Section before amendment by P.A. 104-519) Sec. 805.1. Mine Subsidence Coverage. (a) Beginning January 1, 1994, every policy issued or renewed insuring a residence on a direct basis shall include, at a separately stated premium, residential coverage unl…

(215 ILCS 5/806.1) (Text of Section before amendment by P.A. 104-519) Sec. 806.1. Division of Fund Into Separate Residential and Commercial Sub-funds. (a) Effective January 1, 1994, the Fund shall establish 2 separate sub-funds, a Residential Fund to provide reinsurance for mine …

(215 ILCS 5/807.1) (Text of Section before amendment by P.A. 104-519) Sec. 807.1. Exemption of Certain Counties by the Director. The Director shall exempt every policy insuring residences, living units or commercial buildings located in any county of 1,000,000 or more inhabitants…

(215 ILCS 5/808.1) (Text of Section before amendment by P.A. 104-519) Sec. 808.1. Right of Insurers to Refuse to Provide Mine Subsidence Coverage. An insurer may refuse to provide mine subsidence coverage on a residence or commercial building evidencing unrepaired mine subsidence…

(215 ILCS 5/809.1) Sec. 809.1. Arbitration. In the event of a dispute between a policyholder and an insurer as to whether a residence or commercial building covered by mine subsidence insurance has been damaged by mine subsidence, a policyholder shall have the right to submit tha…

(215 ILCS 5/81) (from Ch. 73, par. 693) (Section scheduled to be repealed on January 1, 2037) Sec. 81. Governmental agencies and corporations may be subscribers. Any government or governmental agency, state or political subdivision thereof, public or private corporation, board, a…

(215 ILCS 5/810.1) (Text of Section before amendment by P.A. 104-519) Sec. 810.1. Reinsurance Agreements. All insurers shall enter into a reinsurance agreement with the Fund. The reinsurance agreement shall be filed with and approved by the Director. The agreement shall provide t…

(215 ILCS 5/811.1) (Text of Section before amendment by P.A. 104-519) Sec. 811.1. Distribution of Premiums. The Fund is authorized to establish the proportion of total mine subsidence insurance premiums collected by each insurer which shall be retained by the insurer as a ceding …

(215 ILCS 5/812.1) Sec. 812.1. Claim Payments. The Residential or the Commercial Fund, as the case may be, shall reimburse insurers for all amounts due within 90 days after receiving adequate documentation, as set forth in the reinsurance agreement, the Plan of Operation or in th…

(215 ILCS 5/813.1) (Text of Section before amendment by P.A. 104-519) Sec. 813.1. Reporting Requirements. Every insurer must report, at times designated by the Fund, such information as is reasonably required by the Fund to conduct its affairs, establish claim reserves, and reimb…

(215 ILCS 5/814.1) Sec. 814.1. Right of Recourse. (a) The Fund shall have no right of recourse against the insurer, once the Fund has reimbursed the insurer for any particular loss, unless the insurer has failed to settle that loss in its customary manner, or in case of fraud by …

(215 ILCS 5/815.1) (Text of Section before amendment by P.A. 104-519) Sec. 815.1. Subrogation. (a) All insurers issuing mine subsidence policies shall retain the right of subrogation. (b) The Fund, on its own behalf, may exercise the right of subrogation. (c) Every insurer shall …

(215 ILCS 5/817.1) (Text of Section before amendment by P.A. 104-519) Sec. 817.1. Powers of Director. In addition to any powers conferred upon him by this or any other law, the Director shall have the authority to supervise the operations of the Fund and shall review the Fund's r…

(215 ILCS 5/82) (from Ch. 73, par. 694) (Section scheduled to be repealed on January 1, 2037) Sec. 82. Reinsurance. Any domestic reciprocal may enter into reinsurance contracts subject to the provisions of Article XI. (Source: Laws 1937, p. 696.)

(215 ILCS 5/83) (from Ch. 73, par. 695) (Section scheduled to be repealed on January 1, 2037) Sec. 83. Procedure when insufficient assets are possessed by reciprocal. (1) Whenever the Director finds that the admitted assets in excess of all liabilities of a reciprocal are less th…

(215 ILCS 5/84) (from Ch. 73, par. 696) (Section scheduled to be repealed on January 1, 2037) Sec. 84. Penalties. No person shall act as attorney-in-fact for a reciprocal except in accordance with the provisions of this Article and any person, who violates any of the provisions o…

(215 ILCS 109/85) Sec. 85. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes. (Source: P.A. 91-355, eff. 1-1-00.)

(215 ILCS 159/85) Sec. 85. Additional powers. In addition to any other hearing, examination, or investigation specifically provided for by this Act, the Director may conduct such hearings, examinations, and investigations as are provided for by Sections 402 and 403 of the Illinoi…

(215 ILCS 97/85) Sec. 85. (Amendatory provisions; text omitted). (Source: P.A. 90-30, eff. 7-1-97; text omitted.)

(215 ILCS 200/85) Sec. 85. Administration and enforcement. (a) The Department shall enforce the provisions of this Act pursuant to the enforcement powers granted to it by law. To enforce the provisions of this Act, the Director is hereby granted specific authority to issue a ceas…

(215 ILCS 134/85) Sec. 85. Utilization review program registration. (a) No person may conduct a utilization review program in this State unless once every 2 years the person registers the utilization review program with the Department and provides proof of current accreditation f…

(215 ILCS 5/85) (from Ch. 73, par. 697) (Section scheduled to be repealed on January 1, 2037) Sec. 85. Application of other Code provisions. Unless otherwise provided in this Article every reciprocal shall be subject to other applicable provisions of this Code. (Source: Laws 1937…

(215 ILCS 5/86) (from Ch. 73, par. 698) (Section scheduled to be repealed on January 1, 2037) Sec. 86. Scope of Article. (1) This Article applies to all groups including incorporated and individual unincorporated underwriters transacting an insurance business in this State throug…