MEDICAL LIABILITY INS-OB-GYN

Illinois General Assembly - Full Text of SB2063

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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. 767.18
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

A BILL FOR

SB2063
LRB104 08937 BAB 18992 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
This Act may be referred to as the OB-GYN
5
Malpractice Premium Adjustment Law.

6

Section 5.
The Illinois Insurance Code is amended by
7
changing Section 155.18 and by adding Section 155.18b as
8
follows:

9

(215 ILCS 5/155.18)

(from Ch. 73, par. 767.18)
10

Sec. 155.18.
(a) This Section shall apply to insurance on
11
risks based upon negligence by a physician, hospital or other
12
health care provider, referred to herein as medical liability
13
insurance. This Section shall not apply to contracts of
14
reinsurance, nor to any farm, county, district or township
15
mutual insurance company transacting business under an Act
16
entitled "An Act relating to local mutual district, county and
17
township insurance companies", approved March 13, 1936, as now
18
or hereafter amended, nor to any such company operating under
19
a special charter.
20

To the extent that the provisions of this Section conflict
21
with the provisions of Section 155.18b, the provisions of
22
Section 155.18b control.

SB2063
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LRB104 08937 BAB 18992 b
1

(b) The following standards shall apply to the making and
2
use of rates pertaining to all classes of medical liability
3
insurance:
4

(1) Rates shall not be excessive or inadequate, as
5

herein defined, nor shall they be unfairly discriminatory.
6

No rate shall be held to be excessive unless such rate is
7

unreasonably high for the insurance provided, and a
8

reasonable degree of competition does not exist in the
9

area with respect to the classification to which such rate
10

is applicable.
11

No rate shall be held inadequate unless it is
12

unreasonably low for the insurance provided and continued
13

use of it would endanger solvency of the company.
14

(2) Consideration shall be given, to the extent
15

applicable, to past and prospective loss experience within
16

and outside this State, to a reasonable margin for
17

underwriting profit and contingencies, to past and
18

prospective expenses both countrywide and those especially
19

applicable to this State, and to all other factors,
20

including judgment factors, deemed relevant within and
21

outside this State.
22

Consideration may also be given in the making and use
23

of rates to dividends, savings or unabsorbed premium
24

deposits allowed or returned by companies to their
25

policyholders, members or subscribers.
26

(3) The systems of expense provisions included in the

SB2063
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LRB104 08937 BAB 18992 b
1

rates for use by any company or group of companies may
2

differ from those of other companies or groups of
3

companies to reflect the operating methods of any such
4

company or group with respect to any kind of insurance, or
5

with respect to any subdivision or combination thereof.
6

(4) Risks may be grouped by classifications for the
7

establishment of rates and minimum premiums.
8

Classification rates may be modified to produce rates for
9

individual risks in accordance with rating plans which
10

establish standards for measuring variations in hazards or
11

expense provisions, or both. Such standards may measure
12

any difference among risks that have a probable effect
13

upon losses or expenses. Such classifications or
14

modifications of classifications of risks may be
15

established based upon size, expense, management,
16

individual experience, location or dispersion of hazard,
17

or any other reasonable considerations and shall apply to
18

all risks under the same or substantially the same
19

circumstances or conditions. The rate for an established
20

classification should be related generally to the
21

anticipated loss and expense factors of the class.
22

(c) Every company writing medical liability insurance
23
shall file with the Director of Insurance the rates and rating
24
schedules it uses for medical liability insurance.
25

(1) This filing shall occur at least annually and as
26

often as the rates are changed or amended.

SB2063
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LRB104 08937 BAB 18992 b
1

(2) For the purposes of this Section any change in
2

premium to the company's insureds as a result of a change
3

in the company's base rates or a change in its increased
4

limits factors shall constitute a change in rates and
5

shall require a filing with the Director.
6

(3) It shall be certified in such filing by an officer of
7
the company and a qualified actuary that the company's rates
8
are based on sound actuarial principles and are not
9
inconsistent with the company's experience.
10

(d) If after a hearing the Director finds:
11

(1) that any rate, rating plan or rating system
12

violates the provisions of this Section applicable to it,
13

he may issue an order to the company which has been the
14

subject of the hearing specifying in what respects such
15

violation exists and stating when, within a reasonable
16

period of time, the further use of such rate or rating
17

system by such company in contracts of insurance made
18

thereafter shall be prohibited;
19

(2) that the violation of any of the provisions of
20

this Section applicable to it by any company which has
21

been the subject of hearing was wilful, he may suspend or
22

revoke, in whole or in part, the certificate of authority
23

of such company with respect to the class of insurance
24

which has been the subject of the hearing.
25
(Source: P.A. 103-426, eff. 8-4-23.)

SB2063
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LRB104 08937 BAB 18992 b
1

(215 ILCS 5/155.18b new)
2

Sec. 155.18b.
Medical liability insurance for
3
obstetricians and gynecologists.
4

(a) The purpose of this Section is to ensure fair and
5
equitable medical malpractice premiums for obstetricians and
6
gynecologists (OB-GYNs) by requiring companies that issue
7
medical liability insurance to consider reduced liability risk
8
for OB-GYNs who do not perform childbirth or obstetric
9
services.
10

(b) As used in this Act:
11

"Gynecologic services" means medical care or procedures
12
related to female reproductive health, excluding obstetric
13
services.

14

"OB-GYN" means a physician, as defined in the Medical
15
Practice Act of 1987, who specializes in obstetric and
16
gynecologic services.
17

"Obstetric services" means any medical care, procedure, or
18
treatment related to pregnancy, labor, delivery, and
19
postpartum care.
20

(c) Companies that issue medical liability insurance must
21
evaluate premium rates based on the specific scope of practice
22
of each insured OB-GYN, considering whether the OB-GYN:

23

(1) provides obstetric services, including childbirth;
24

or
25

(2) limits the OB-GYN's practice to gynecologic
26

services only.

SB2063
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LRB104 08937 BAB 18992 b
1

(d) Companies that issue medical liability insurance must
2
classify OB-GYNs who do not provide obstetric services as
3
lower-risk providers for the purposes of determining premium
4
rates.
5

(e) The Department shall establish guidelines for
6
companies that issue medical liability insurance to classify
7
and adjust premiums based on the risk profiles of OB-GYNs.
8

(f) To the extent that the provisions of this Section
9
conflict with the provisions of Section 155.18, the provisions
10
of this Section control.

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