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| Public Act 104-0055 | ||||
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AN ACT concerning business. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Illinois Insurance Code is amended by | ||||
changing Section 424 and by adding Section 427.5 as follows: | ||||
(215 ILCS 5/424) (from Ch. 73, par. 1031) | ||||
Sec. 424. Unfair methods of competition and unfair or | ||||
deceptive acts or practices defined. The following are hereby | ||||
defined as unfair methods of competition and unfair and | ||||
deceptive acts or practices in the business of insurance: | ||||
(1) The commission by any person of any one or more of | ||||
the acts defined or prohibited by Sections 134, 143.24c, | ||||
147, 148, 149, 151, 155.22, 155.22a, 155.42, 236, 237, | ||||
364, 469, and 513b1 of this Code. | ||||
(2) Entering into any agreement to commit, or by any | ||||
concerted action committing, any act of boycott, coercion | ||||
or intimidation resulting in or tending to result in | ||||
unreasonable restraint of, or monopoly in, the business of | ||||
insurance. | ||||
(3) Making or permitting, in the case of insurance of | ||||
the types enumerated in Classes 1, 2, and 3 of Section 4, | ||||
any unfair discrimination between individuals or risks of | ||||
the same class or of essentially the same hazard and | ||||
expense element because of the race, color, religion, or | ||
national origin of such insurance risks or applicants. The | ||
application of this Article to the types of insurance | ||
enumerated in Class 1 of Section 4 shall in no way limit, | ||
reduce, or impair the protections and remedies already | ||
provided for by Sections 236 and 364 of this Code or any | ||
other provision of this Code. | ||
(4) Engaging in any of the acts or practices defined | ||
in or prohibited by Sections 154.5 through 154.8 of this | ||
Code. | ||
(5) Making or charging any rate for insurance against | ||
losses arising from the use or ownership of a motor | ||
vehicle which requires a higher premium of any person by | ||
reason of his physical disability, race, color, religion, | ||
or national origin. | ||
(6) Failing to meet any requirement of the Unclaimed | ||
Life Insurance Benefits Act with such frequency as to | ||
constitute a general business practice. | ||
(7) Soliciting either an individual who is a resident | ||
of a nursing home or long-term care facility or an | ||
individual who is over the age of 65 to purchase accident | ||
or health insurance, unless the person who is selling the | ||
insurance: | ||
(A) advises the potential enrollee of the benefit | ||
of examining the potential enrollee's current | ||
insurance plan, discusses all proposed | ||
insurance-related changes with a family member, | ||
friend, or other advisor of the potential enrollee, | ||
and then waits 48 hours before making any | ||
insurance-related changes concerning the potential | ||
enrollee; | ||
(B) provides a phone number that may be called if | ||
the potential enrollee or the potential enrollee's | ||
family members, friends, or other advisors have any | ||
questions; and | ||
(C) allows the potential enrollee to opt out of | ||
any future communications with the person. | ||
(8) Entering into or amending an accident or health | ||
insurance policy with an individual who is over the age of | ||
65 and who has executed a health care power of attorney or | ||
has a medical condition, such as dementia, that reduces | ||
the person's capacity to make informed decisions | ||
independently, unless the potential enrollee's agent under | ||
a health care power of attorney executes the agreement and | ||
the agreement is reduced to writing. | ||
(Source: P.A. 102-778, eff. 7-1-22.) | ||
(215 ILCS 5/427.5 new) | ||
Sec. 427.5. Unfair and deceptive agreements voidable by | ||
the Director. If, after a hearing under Section 426, the | ||
Director determines that a person has violated paragraph (7) | ||
or (8) of Section 424, the Director may declare void and | ||
unenforceable any agreement or policy of insurance solicited, | ||
entered into, or amended as a result of that violation. | ||
Section 10. The Consumer Fraud and Deceptive Business | ||
Practices Act is amended by adding Section 2HHHH as follows: | ||
(815 ILCS 505/2HHHH new) | ||
Sec. 2HHHH. Disruptive changes to a nursing home resident. | ||
It is an unlawful practice within the meaning of this Act for a | ||
nursing home or long-term care facility to make substantive | ||
changes likely to be disruptive to a resident or move a | ||
resident's place of living without prior approval from a | ||
family member, guardian, or power of attorney of the resident | ||
if the resident suffers from dementia or suffers from a | ||
medical condition that reduces the resident's capacity to make | ||
informed decisions independently. | ||