Illinois General Assembly

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 Bill Status of SB1349  97th General Assembly


Short Description:  WORKERS' COMP - INITIATIVE

Senate Sponsors
Sen. Kyle McCarter - Kirk W. Dillard - William E. Brady - Christine Radogno, Wm. Sam McCann, Darin M. LaHood and David S. Luechtefeld

Last Action
DateChamber Action
  4/14/2011SenateThird Reading - Lost; 025-006-028

Statutes Amended In Order of Appearance
820 ILCS 305/1from Ch. 48, par. 138.1
820 ILCS 305/6from Ch. 48, par. 138.6
820 ILCS 305/8from Ch. 48, par. 138.8
820 ILCS 305/8.2
820 ILCS 305/8.7
820 ILCS 305/11from Ch. 48, par. 138.11
820 ILCS 305/16from Ch. 48, par. 138.16
820 ILCS 305/19from Ch. 48, par. 138.19


Synopsis As Introduced
Amends the Workers' Compensation Act. Defines "accident" and "injury." Deletes language allowing rebuttable presumptions for an employee employed as a firefighter, emergency medical technician (EMT), or paramedic. Deletes language allowing an employee to secure his own physician, surgeon and hospital services at the employer's expense. Provides that the employer shall choose all necessary medical, surgical and hospital services reasonably required to cure or relieve from the effects of the accidental injury at the employer's expense, except upon a finding by the Commission that the employer's choice of medical care threatens life, health, or recovery, then the employee may choose a second physician, surgeon, and hospital services at the employer's expense. Provides for a waiver of employee privacy for the employer to obtain necessary decision making information. Provides for a wage differential award and that such award shall cease when the employee reaches the full retirement age as defined by the Social Security Administration. Provides for reimbursement of out-of-state procedures, treatments, services, products or supplies. Provides for a new medical fee schedule after January 1, 2012, in accordance with the Medicare payment systems (160%). Moves the utilization review program registration and administration to the Department of Insurance. Makes numerous changes regarding employee intoxication, partial or total disability, implants, employment verification documents, and other changes.

Senate Floor Amendment No. 1
Adds reference to:
820 ILCS 305/1from Ch. 48, par. 138.1
820 ILCS 305/1.1 new
820 ILCS 305/4b new
820 ILCS 305/8from Ch. 48, par. 138.8
820 ILCS 305/8.1 new
820 ILCS 305/8.2
820 ILCS 305/8.3
820 ILCS 305/8.7
820 ILCS 305/11from Ch. 48, par. 138.11
820 ILCS 305/16from Ch. 48, par. 138.16
820 ILCS 305/16b new
820 ILCS 305/16c new
820 ILCS 305/19from Ch. 48, par. 138.19
820 ILCS 305/25.5

Replaces everything after the enacting clause. Amends the Workers' Compensation Act. Defines "accident" and "injury." Provides standards of conduct for Commissioners and arbitrators. Provides for limited binding agreements between construction employers and labor organizations. Provides that for 60 days from the report of injury to the employer, the employer shall choose all necessary medical services reasonably required, and that the employee may secure his own physician and medical services after 60 days from the report of injury. Provides that no employer shall be required to pay temporary partial disability benefits to an employee who has been discharged for cause. Provides that an employer may utilize a preferred provider program approved by the Illinois Department of Insurance to satisfy its liabilities. Provides that an award for wage differential shall be effective only until the employee reaches the age of 67 or 5 years from the date of the award, whichever is later. Provides for a new determination of permanent partial disability for injuries occurring on or after December 31, 2011. Moves the utilization review program registration and administration to the Department of Insurance. Makes numerous other changes concerning privacy, employee intoxication, fee schedules, prescriptions, billing and best practices reports, utilization review, signature certification, a ban on gifts, fraud, sentencing, and annual reports. Effective immediately.

Actions 
DateChamber Action
  2/8/2011SenateFiled with Secretary by Sen. Kyle McCarter
  2/8/2011SenateFirst Reading
  2/8/2011SenateReferred to Assignments
  2/8/2011SenateAdded as Chief Co-Sponsor Sen. Kirk W. Dillard
  2/8/2011SenateAdded as Chief Co-Sponsor Sen. William E. Brady
  2/9/2011SenateAdded as Co-Sponsor Sen. Wm. Sam McCann
  2/23/2011SenateAssigned to Executive
  3/3/2011SenatePostponed - Executive
  3/3/2011SenateRe-referred to Assignments
  3/3/2011SenateApproved for Consideration Assignments
  3/3/2011SenatePlaced on Calendar Order of 2nd Reading March 8, 2011
  3/9/2011SenateSecond Reading
  3/9/2011SenatePlaced on Calendar Order of 3rd Reading March 10, 2011
  4/8/2011SenateAdded as Co-Sponsor Sen. Darin M. LaHood
  4/11/2011SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Kyle McCarter
  4/11/2011SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/12/2011SenateSenate Floor Amendment No. 1 Assignments Refers to Executive
  4/13/2011SenateSenate Floor Amendment No. 1 Postponed - Executive
  4/13/2011SenateSenate Floor Amendment No. 1 Re-referred to Assignments
  4/13/2011SenateSenate Floor Amendment No. 1 Be Approved for Consideration Assignments
  4/14/2011SenateAdded as Co-Sponsor Sen. David S. Luechtefeld
  4/14/2011SenateRecalled to Second Reading
  4/14/2011SenateSenate Floor Amendment No. 1 Adopted; McCarter
  4/14/2011SenatePlaced on Calendar Order of 3rd Reading
  4/14/2011SenateAdded as Chief Co-Sponsor Sen. Christine Radogno
  4/14/2011SenateThird Reading - Lost; 025-006-028

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