SB 3508

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Full Text of SB3508
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	SB3508 - 104th General Assembly
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			Senate Amendment 001
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		SB3508 Enrolled		LRB104 18372 BAB 31814 b
1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.37 and by adding Section 4.47 as follows:
6    (5 ILCS 80/4.37)
7    Sec. 4.37. Acts [and Articles] repealed on January 1, 2027.
8The following are repealed on January 1, 2027:
9    The Clinical Psychologist Licensing Act.
10    The Illinois Optometric Practice Act of 1987.
11    [Articles II, III, IV, V, VI, VIIA, VIIC, XVII, XXXI, and ]
12[XXXI 1/4 of the Illinois Insurance Code.]
13    The Boiler and Pressure Vessel Repairer Regulation Act.
14    The Marriage and Family Therapy Licensing Act.
15    The Boxing and Full-contact Martial Arts Act.
16    The Cemetery Oversight Act.
17    The Community Association Manager Licensing and
18Disciplinary Act.
19    The Detection of Deception Examiners Act.
20    The Home Inspector License Act.
21    The Massage Licensing Act.
22    The Medical Practice Act of 1987.
23    The Petroleum Equipment Contractors Licensing Act.
		SB3508 Enrolled	- 2 -	LRB104 18372 BAB 31814 b
1    The Radiation Protection Act of 1990.
2    The Real Estate Appraiser Licensing Act of 2002.
3    The Registered Interior Designers Act.
4    The Landscape Architecture Registration Act.
5    The Water Well and Pump Installation Contractor's License
6Act.
7    The Licensed Certified Professional Midwife Practice Act.
8(Source: P.A. 102-20, eff. 6-25-21; 102-284, eff. 8-6-21;
9102-437, eff. 8-20-21; 102-656, eff. 8-27-21; 102-683, eff.
1010-1-22; 102-813, eff. 5-13-22; 103-371, eff. 1-1-24; 103-823,
11eff. 8-9-24.)
12    (5 ILCS 80/4.47 new)
13    Sec. 4.47. Articles repealed on January 1, 2037. The 
14following Articles are repealed on January 1, 2037:
15    Articles II, III, IV, V, VI, VIIA, VIIC, XVII, XXXI, and 
16XXXI 1/4 of the Illinois Insurance Code.
17    Section 10. The Illinois Administrative Procedure Act is
18amended by changing Section 5-75 as follows:
19    (5 ILCS 100/5-75)  (from Ch. 127, par. 1005-75)
20    Sec. 5-75. Incorporation by reference.
21    (a) An agency may incorporate by reference, in its rules
22adopted under Section 5-35, rules, regulations, standards, and
23guidelines of an agency of the United States or a nationally or
		SB3508 Enrolled	- 3 -	LRB104 18372 BAB 31814 b
1state recognized organization or association without
2publishing the incorporated material in full. The reference in
3the agency rules must fully identify the incorporated matter
4by publisher address and date in order to specify how a copy of
5the material may be obtained and must state that the rule,
6regulation, standard, or guideline does not include any later
7amendments or editions. An agency may incorporate by reference
8these matters in its rules only if the agency, organization,
9or association originally issuing the matter makes copies
10readily available to the public. This Section does not apply
11to any agency internal manual.
12    For any law imposing taxes on or measured by income, the
13Department of Revenue may promulgate rules that include
14incorporations by reference of federal rules or regulations
15without identifying the incorporated matter by date and
16without including a statement that the incorporation does not
17include later amendments.
18    For any law implementing the federal Patient Protection 
19and Affordable Care Act (Pub. L. 111-148), the Department of 
20Insurance may adopt rules that include incorporations by 
21reference of federal rules and regulations without identifying 
22the incorporated matter by date and without including a 
23statement that the incorporation does not include later 
24amendments.
25    (b) Use of the incorporation by reference procedure under
26this Section shall be reviewed by the Joint Committee on
		SB3508 Enrolled	- 4 -	LRB104 18372 BAB 31814 b
1Administrative Rules during the rulemaking process as set
2forth in this Act.
3    (c) The agency adopting a rule, regulation, standard, or
4guideline under this Section shall maintain a copy of the
5referenced rule, regulation, standard, or guideline in at
6least one of its principal offices and shall make it available
7to the public upon request for inspection and copying at no
8more than cost. Requests for copies of materials incorporated
9by reference shall not be deemed Freedom of Information Act
10requests unless so labeled by the requestor. The agency shall
11designate by rule the agency location at which incorporated
12materials are maintained and made available to the public for
13inspection and copying. These rules may be adopted under the
14procedures in Section 5-15. In addition, the agency may
15include the designation of the agency location of incorporated
16materials in a rulemaking under Section 5-35, but emergency
17and peremptory rulemaking procedures may not be used solely
18for this purpose.
19(Source: P.A. 90-155, eff. 7-23-97.)
20    Section 15. The Illinois Insurance Code is amended by
21changing Sections 155.49, 356z.73, 404, 500-35, and 513b1.1 as
22follows:
23    (215 ILCS 5/155.49)
24    Sec. 155.49. Insurance company supplier diversity report.
		SB3508 Enrolled	- 5 -	LRB104 18372 BAB 31814 b
1    (a) Every company authorized to do business in this State
2or accredited by this State with assets of at least
3$50,000,000 shall submit a [2-page] report on its voluntary
4supplier diversity program, or the company's procurement
5program if there is no supplier diversity program, to the
6Department. The report shall set forth all of the following:
7        (1) The name, address, phone number, and email address
8    of the point of contact for the supplier diversity program
9    for vendors to register with the program.
10        (2) Local and State certifications the company accepts
11    or recognizes for minority-owned, women-owned, LGBT-owned,
12    or veteran-owned business status.
13        (3) On the second page, a narrative explaining the
14    results of the program and the tactics to be employed to
15    achieve the goals of its voluntary supplier diversity
16    program.
17        (4) The voluntary goals for the calendar year for
18    which the report is made in each category for the entire
19    budget of the company and the commodity codes or a
20    description of particular goods and services for the area
21    of procurement in which the company expects most of those
22    goals to focus on in that year.
23    Each company is required to submit a searchable report, in
24Portable Document Format (PDF), to the Department on or before
25April 1, 2024 and on or before April 1 every year thereafter.
26For reports due on or after April 1, 2027, the company shall 
		SB3508 Enrolled	- 6 -	LRB104 18372 BAB 31814 b
1submit the report in the format designated by the Department.
2    (b) For each report submitted under subsection (a), the
3Department shall publish the results on its Internet website
4for 5 years after submission. The Department is not
5responsible for collecting the reports or for the content of
6the reports.
7    (c) The Department shall hold an annual insurance company
8supplier diversity workshop in July of 2024 and every July
9thereafter to discuss the reports with representatives of the
10companies and vendors.
11    (d) The Department shall prepare a [one-page] template, [not]
12including the narrative section, for the voluntary supplier
13diversity reports.
14    (e) The Department may adopt such rules as it deems
15necessary to implement this Section.
16(Source: P.A. 103-426, eff. 8-4-23.)
17    (215 ILCS 5/356z.73)
18    Sec. 356z.73. Insurance coverage for dependent parents.
19    (a) A group or individual policy of accident and health
20insurance issued, amended, delivered, or renewed on or after
21January 1, 2026 that provides dependent coverage shall make
22that dependent coverage available to the parent or stepparent
23of the insured if the parent or stepparent meets the
24definition of a qualifying relative under 26 U.S.C. 152(d) and
25lives or resides within the accident and health insurance
		SB3508 Enrolled	- 7 -	LRB104 18372 BAB 31814 b
1policy's service area.
2    (b) This Section does not apply to [specialized health care ]
3[service plans, including] student health insurance coverage, 
4excepted benefits, or coverage under Article V of the Illinois 
5Public Aid Code or under the Children's Health Insurance 
6Program Act. However, this Section applies to stand-alone 
7dental plans available through the Illinois Health Benefits 
8Exchange, including when the same policy form is offered 
9outside the Exchange. [; Medicare supplement insurance; ]
10[hospital-only policies; accident-only policies; or specified ]
11[disease insurance policies that reimburse for hospital, ]
12[medical, or surgical expenses.]
13(Source: P.A. 103-700, eff. 1-1-25; 104-189, eff. 8-15-25;
14104-334, eff. 8-15-25; 104-417, eff. 8-15-25; revised
159-12-25.)
16    (215 ILCS 5/404)  (from Ch. 73, par. 1016)
17    Sec. 404. Office of Director; a public office; destruction
18or disposal of records, papers, documents, and memoranda.
19    (1)(a) The office of the Director shall be a public office
20and the records, books, and papers thereof on file therein,
21except those records or documents containing or disclosing any
22analysis, opinion, calculation, ratio, recommendation, advice,
23viewpoint, or estimation by any Department staff regarding the
24financial or market condition of an insurer not otherwise made
25part of the public record by the Director, shall be accessible
		SB3508 Enrolled	- 8 -	LRB104 18372 BAB 31814 b
1to the inspection of the public, except as the Director, for
2good reason, may decide otherwise, or except as may be
3otherwise provided in this Code or as otherwise provided in
4Section 7 of the Freedom of Information Act.
5    (b) Except where another provision of this Code expressly
6prohibits a disclosure of confidential information to the
7specific officials or organizations described in this
8subsection, the Director may disclose or share any
9confidential records or information in his custody and control
10with any insurance regulatory officials of any state or
11country, with the law enforcement officials of this State, any
12other state, or the federal government, or with the National
13Association of Insurance Commissioners, upon the written
14agreement of the official or organization receiving the
15information to hold the information or records confidential
16and in a manner consistent with this Code.
17    (c) The Director shall maintain as confidential any
18records or information received from the National Association
19of Insurance Commissioners or other state, federal, or 
20international regulatory agencies [insurance regulatory ]
21[officials of other states which] that are [is] confidential in
22that other jurisdiction.
23    (2) Upon the filing of the examination to which they
24relate, the Director is authorized to destroy or otherwise
25dispose of all working papers relative to any company which
26has been examined at any time prior to that last examination by
		SB3508 Enrolled	- 9 -	LRB104 18372 BAB 31814 b
1the Department, so that in such circumstances only current
2working papers of that last examination may be retained by the
3Department.
4    (3) Five years after the conclusion of the transactions to
5which they relate, the Director is authorized to destroy or
6otherwise dispose of all books, records, papers, memoranda and
7correspondence directly related to consumer complaints or
8inquiries.
9    (4) Two years after the conclusion of the transactions to
10which they relate, the Director is authorized to destroy or
11otherwise dispose of all books, records, papers, memoranda,
12and correspondence directly related to all void, obsolete, or
13superseded rate filings and schedules required to be filed by
14statute; and all individual company rating experience data and
15all records, papers, documents and memoranda in the possession
16of the Director relating thereto.
17    (5) Five years after the conclusion of the transactions to
18which they relate, the Director is authorized to destroy or
19otherwise dispose of all examination reports of companies made
20by the insurance supervisory officials of states other than
21Illinois; applications, requisitions, and requests for
22licenses; all records of hearings; and all similar records,
23papers, documents, and memoranda in the possession of the
24Director.
25    (6) Ten years after the conclusion of the transactions to
26which they relate, the Director is authorized to destroy or
		SB3508 Enrolled	- 10 -	LRB104 18372 BAB 31814 b
1otherwise dispose of all official correspondence of foreign
2and alien companies, all foreign companies' and alien
3companies' annual statements, valuation reports, tax reports,
4and all similar records, papers, documents and memoranda in
5the possession of the Director.
6    (7) Whenever any records, papers, documents or memoranda
7are destroyed or otherwise disposed of pursuant to the
8provisions of this section, the Director shall execute and
9file in a separate, permanent office file a certificate
10listing and setting forth by summary description the records,
11papers, documents or memoranda so destroyed or otherwise
12disposed of, and the Director may, in his discretion, preserve
13copies of any such records, papers, documents or memoranda by
14means of microfilming or photographing the same.
15    (8) This Section shall apply to records, papers,
16documents, and memoranda presently in the possession of the
17Director as well as to records, papers, documents, and
18memoranda hereafter coming into his possession.
19(Source: P.A. 97-1004, eff. 8-17-12.)
20    (215 ILCS 5/500-35)
21    (Section scheduled to be repealed on January 1, 2027)
22    Sec. 500-35. License.
23    (a) Unless denied a license pursuant to Section 500-70,
24persons who have met the requirements of Sections 500-25 and
25500-30 shall be issued a 2-year insurance producer license. An
		SB3508 Enrolled	- 11 -	LRB104 18372 BAB 31814 b
1insurance producer may receive qualification for a license in
2one or more of the following lines of authority:
3        (1) Life: insurance coverage on human lives including
4    benefits of endowment and annuities, and may include
5    benefits in the event of death or dismemberment by
6    accident and benefits for disability income.
7        (2) Variable life and variable annuity products:
8    insurance coverage provided under variable life insurance
9    contracts and variable annuities.
10        (3) Accident and health or sickness: insurance
11    coverage for sickness, bodily injury, or accidental death
12    and may include benefits for disability income.
13        (4) Property: insurance coverage for the direct or
14    consequential loss or damage to property of every kind.
15        (5) Casualty: insurance coverage against legal
16    liability, including that for death, injury, or disability
17    or damage to real or personal property.
18        (6) Personal lines: property and casualty insurance
19    coverage sold to individuals and families for primarily
20    noncommercial purposes.
21        (7) Any other line of insurance permitted under State
22    laws or rules.
23    (b) An insurance producer license shall remain in effect
24unless revoked or suspended as long as the fee set forth in
25Section 500-135 is paid and education requirements for
26resident individual producers are met by the due date.
		SB3508 Enrolled	- 12 -	LRB104 18372 BAB 31814 b
1        (1) Before each license renewal, an insurance producer
2    must satisfactorily complete at least 24 hours of course
3    study or participation in a professional insurance
4    association under paragraph (3) of this subsection in
5    accordance with rules prescribed by the Director. Three of
6    the 24 hours of course study must consist of classroom or
7    webinar ethics instruction. The Director may not approve a
8    course of study unless the course provides for classroom,
9    seminar, webinar, or self-study instruction methods. A
10    course given in a combination instruction method of
11    classroom, seminar, webinar, or self-study shall be deemed
12    to be a self-study course unless the number of classroom,
13    seminar, or webinar certified hours meets or exceeds
14    two-thirds of total hours certified for the course. The
15    self-study material used in the combination course must be
16    directly related to and complement the classroom portion
17    of the course in order to be considered for credit. An
18    instruction method other than classroom or seminar shall
19    be considered as self-study methodology. Self-study credit
20    hours require the successful completion of an examination
21    covering the self-study material. The examination may not
22    be self-evaluated. However, if the self-study material is
23    completed through the use of an approved computerized
24    interactive format whereby the computer validates the
25    successful completion of the self-study material, no
26    additional examination is required. The self-study credit
		SB3508 Enrolled	- 13 -	LRB104 18372 BAB 31814 b
1    hours contained in a certified course shall be considered
2    classroom hours when at least two-thirds of the hours are
3    given as classroom or seminar instruction.
4        (2) An insurance producer license automatically
5    terminates when an insurance producer fails to
6    successfully meet the requirements of paragraph (1) of
7    this subsection. The producer must complete the course in
8    advance of the renewal date to allow the education
9    provider time to report the credit to the Department.
10        (3) An insurance producer's active participation in a
11    State or national professional insurance association may
12    be approved by the Director for up to 4 hours of continuing
13    education credit per biennial reporting period. Credit
14    shall be provided on an hour-for-hour basis. These hours
15    shall be verified and submitted by the association on
16    behalf of the insurance producer and credited upon timely
17    filing with the Director or his or her designee on a
18    biennial basis. Any association submitting continuing
19    education credit hours on behalf of insurance producers
20    must be registered as an education provider under Section
21    500-135. Credit granted under these provisions shall not
22    be used to satisfy ethics education requirements. Active
23    participation in a State or national professional
24    insurance association is defined by one of the following
25    methods:
26            (A) service on a board of directors of a State or
		SB3508 Enrolled	- 14 -	LRB104 18372 BAB 31814 b
1        national chapter of the association;
2            (B) service on a formal committee of a State or
3        national chapter of the association; or
4            (C) service on a formal subcommittee or task force
5        of a State or national chapter of the association.
6    (c) A provider of a pre-licensing or continuing education
7course required by Section 500-30 and this Section must pay a
8registration fee and a course certification fee for each
9course being certified as provided by Section 500-135. The 
10Department may waive these fees if the pre-licensing or 
11continuing education course is provided by a government entity 
12free of charge.
13    (d) An individual insurance producer who allows his or her
14license to lapse may, within 12 months after the due date of
15the renewal fee, be issued a license without the necessity of
16passing a written examination. However, a penalty in the
17amount of double the unpaid renewal fee shall be required
18after the due date.
19    (e) A licensed insurance producer who is unable to comply
20with license renewal procedures due to military service may
21request a waiver of those procedures.
22    (f) The license must contain the licensee's name, address,
23and personal identification number, the date of issuance, the
24lines of authority, the expiration date, and any other
25information the Director deems necessary.
26    (g) Licensees must inform the Director by any means
		SB3508 Enrolled	- 15 -	LRB104 18372 BAB 31814 b
1acceptable to the Director of a change of address within 30
2days after the change.
3    (h) In order to assist in the performance of the
4Director's duties, the Director may contract with a
5non-governmental entity including the National Association of
6Insurance Commissioners (NAIC), or any affiliates or
7subsidiaries that the NAIC oversees, to perform any
8ministerial functions, including collection of fees, related
9to producer licensing that the Director and the
10non-governmental entity may deem appropriate.
11(Source: P.A. 104-417, eff. 8-15-25.)
12    (215 ILCS 5/513b1.1)
13    Sec. 513b1.1. Pharmacy benefit manager reporting
14requirements.
15    (a) A pharmacy benefit manager that provides services for
16a health benefit plan must submit an annual report no later
17than September 1, to the Department, each health benefit plan
18sponsor, and each insurer that includes the following:
19        (1) data on the health benefit plan including:
20            (A) a list of drugs including corresponding
21        information on therapeutic class, brand name, generic
22        name, or specialty drug name;
23            (B) the total number of covered individuals and
24        number of Illinois residents who are covered
25        individuals;
		SB3508 Enrolled	- 16 -	LRB104 18372 BAB 31814 b
1            (C) number of drug-related claims;
2            (D) dosage units;
3            (E) dispensing channel used;
4            (F) average wholesale acquisition cost per drug;
5        and
6            (G) total out-of-pocket spending by deidentified
7        covered individual per drug, per transaction;
8        (2) amount received by the health benefit plan in
9    rebates, fees, or discounts related to drug utilization or
10    spending;
11        (3) total gross spending on drugs by the health
12    benefit plan;
13        (4) total net spending, gross spending less
14    administrative portion of the medical loss ratio, on drugs
15    by the health benefit plan;
16        (5) the amount paid by the health benefit plan to the
17    pharmacy benefit manager for reimbursement cost of a drug
18    and service per transaction;
19        (6) the amount a pharmacy benefit manager paid for
20    pharmacists' services and drugs rendered related to the
21    health benefit plan per transaction, including, but not
22    limited to, any dispensing fee;
23        (7) the specific rebate amount received by the
24    pharmacy benefit manager per transaction, the amount of
25    the rebates passed through to the health benefit plan per
26    transaction, and the amount of the rebates passed on to
		SB3508 Enrolled	- 17 -	LRB104 18372 BAB 31814 b
1    covered individuals at the point of sale that reduced the
2    covered individuals' applicable deductible, copayment,
3    coinsurance, or other cost-sharing amount per transaction;
4        (8) any information collected from drug manufacturers
5    pertaining to copayment assistance to the extent such
6    information is collected;
7        (9) any compensation paid to brokers, consultants,
8    advisors, or any other individual or firm for referrals,
9    consideration, or retention by the health benefit plan;
10        (10) explanation of benefit design parameters
11    encouraging or requiring covered individuals to use
12    affiliated pharmacies, percentage of drugs charged by
13    these pharmacies, and a list of drugs dispensed by
14    affiliated pharmacies with their associated costs; and
15        (11) a complete copy of each unredacted contract the
16    pharmacy benefit manager has with the health benefit plan
17    sponsor or insurer.
18    (b) Annual reports pursuant to subsection (a):
19        (1) must be written in plain language to ensure ease
20    of reading and accessibility;
21        (2) must only contain summary health information to
22    ensure plan, coverage, or covered individual information
23    remains private and confidential;
24        (3) upon request by a covered individual, must be
25    available in summary format and provide aggregated
26    information to help covered individuals understand their
		SB3508 Enrolled	- 18 -	LRB104 18372 BAB 31814 b
1    health benefit plan's drug coverage; and
2        (4) must be filed with the Department no later than
3    September 1 of each year in the format designated by the 
4    Department [via the Systems for Electronic Rates & Forms ]
5    [Filing (SERFF)]. The filing shall include the summary
6    version of the report described in paragraph (3) of this
7    subsection, which the Department shall make available to 
8    members of the public [be marked for public access].
9    The Department may share all reports with an established
10institution of higher education in this State for the creation
11of a pharmacist dispensing cost report to be produced
12annually. This annual pharmacist dispensing cost report shall
13provide a survey of the average cost of dispensing a
14prescription for pharmacists in Illinois. The institution of
15higher education shall have the ability to request additional
16information from pharmacists for its analysis. The institution
17of higher education shall issue the report to the General
18Assembly no later than December 31, 2026 and annually
19thereafter.
20    (c) A pharmacy benefit manager may petition the Department
21for a filing submission extension. The Director may grant or
22deny the extension within 5 business days.
23    (d) Failure by a pharmacy benefit manager to submit all
24required elements in an annual report to the Department may
25result in a fine levied by the Director not to exceed $10,000
26per day, per offense. Funds derived from fines levied shall be
		SB3508 Enrolled	- 19 -	LRB104 18372 BAB 31814 b
1deposited into the Insurance Producer Administration Fund.
2Fine information shall be posted on the Department's website.
3    (e) A pharmacy benefit manager found in violation of
4subsection (a) or paragraph (4) of subsection (b) may request
5a hearing from the Director within 10 days of receipt of the
6Director's order, or, if the violation is found in a market
7conduct examination, as provided in Section 132 of this Code.
8    (f) Except for the summary version, the annual reports
9submitted by pharmacy benefit managers shall be considered
10confidential and privileged for all purposes, including for
11purposes of the Freedom of Information Act, shall not be
12subject to subpoena from any private party, and shall not be
13admissible as evidence in a civil action.
14    (g) A copy of an adverse decision against a pharmacy
15benefit manager for failing to submit an annual report to the
16Department must be posted to the Department's website.
17    (h) Nothing in this Section shall be construed as
18permitting a pharmacy benefit manager to avoid or otherwise
19fail to comply with the reporting requirements set forth in
20Section 5-36 of the Illinois Public Aid Code.
21(Source: P.A. 104-27, eff. 1-1-26; 104-439, eff. 12-2-25.)
22    (215 ILCS 123/Act rep.)
23    Section 20. The Health Care Purchasing Group Act is
24repealed.
		SB3508 Enrolled	- 20 -	LRB104 18372 BAB 31814 b
1    Section 25. The Network Adequacy and Transparency Act is
2amended by changing Section 3 as follows:
3    (215 ILCS 124/3)
4    Sec. 3. Applicability of Act. This Act applies to an
5individual or group policy of health insurance coverage with a
6network plan amended, delivered, issued, or renewed in this
7State on or after January 1, 2019. This Act does not apply to
8an individual or group policy for excepted benefits [or ]
9[short-term, limited-duration health insurance coverage with a ]
10[network plan]. This Act does not apply to stand-alone dental
11plans. If federal law establishes network adequacy and
12transparency standards for stand-alone dental plans, the
13Department shall enforce those applicable federal
14requirements.
15(Source: P.A. 103-650, eff. 1-1-25; 103-777, eff. 1-1-25;
16104-334, eff. 8-15-25; 104-417, eff. 8-15-25.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.