Full Text of SB1245 98th General Assembly
SB1245sam005 98TH GENERAL ASSEMBLY | Sen. Christine Radogno Filed: 5/14/2013
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| 1 | | AMENDMENT TO SENATE BILL 1245
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1245, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Public Safety Employee Benefits Act is | 6 | | amended by changing Section 10 as follows:
| 7 | | (820 ILCS 320/10)
| 8 | | Sec. 10. Required health coverage benefits.
| 9 | | (a) An employer who employs a full-time law enforcement, | 10 | | correctional or
correctional probation officer, or firefighter | 11 | | (hereinafter referred to as "injured employee") , who, on or | 12 | | after the effective
date of this Act suffers a catastrophic | 13 | | injury or is killed in the line of duty
shall pay the entire | 14 | | premium of the employer's health insurance plan for the
injured | 15 | | employee, the injured employee's spouse, and for each dependent | 16 | | child
of the injured employee until the child reaches the age |
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| 1 | | of majority or until
the end of the calendar year in which the | 2 | | child reaches the age of 25 if the
child continues to be | 3 | | dependent for support or the child is a full-time or
part-time | 4 | | student and is dependent for support. The term "health | 5 | | insurance
plan" does not include supplemental benefits that are | 6 | | not part of the basic
group health insurance plan.
If the
| 7 | | injured employee subsequently dies, the employer shall | 8 | | continue to pay the
entire health insurance premium for the | 9 | | surviving spouse until remarried and
for the dependent children | 10 | | under the conditions established in this Section.
However:
| 11 | | (1) Health insurance benefits payable from any other | 12 | | source shall reduce
benefits payable under this Section.
| 13 | | (2) It is unlawful for a person to willfully and | 14 | | knowingly make, or cause
to be made, or to assist, conspire | 15 | | with, or urge another to make, or cause to
be made, any | 16 | | false, fraudulent, or misleading oral or written statement | 17 | | to
obtain health insurance coverage as provided under this | 18 | | Section. A violation
of this item is a Class A misdemeanor.
| 19 | | (3) Upon conviction for a violation described in item | 20 | | (2), a law
enforcement, correctional or correctional | 21 | | probation officer, or other
beneficiary who receives or | 22 | | seeks to receive health insurance benefits under
this | 23 | | Section shall forfeit the right to receive health insurance | 24 | | benefits and
shall reimburse the employer for all benefits | 25 | | paid due to the fraud or other
prohibited activity. For | 26 | | purposes of this item, "conviction" means a
determination |
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| 1 | | of guilt that is the result of a plea or trial, regardless | 2 | | of
whether adjudication is withheld.
| 3 | | (b) In order for the law enforcement, correctional or | 4 | | correctional probation
officer, firefighter, spouse, or | 5 | | dependent children to be eligible for
insurance coverage under | 6 | | this Act, the injury or death must have occurred as
the result | 7 | | of the officer's response to fresh pursuit, the officer or
| 8 | | firefighter's response to what is reasonably believed to be an | 9 | | emergency, an
unlawful act perpetrated by another, or during | 10 | | the investigation of a criminal
act. Nothing in this Section | 11 | | shall be construed to limit health insurance
coverage or | 12 | | pension benefits for which the officer, firefighter, spouse, or
| 13 | | dependent children may otherwise be eligible.
| 14 | | (c) An injured employee subject to this Act shall be | 15 | | required to file a report with his or her employer as | 16 | | prescribed in this Section. The Commission on Government | 17 | | Forecasting and Accountability (COGFA) shall design the form | 18 | | and prescribe the content of the report. Within 60 days after | 19 | | the effective date of this amendatory Act of the 98th General | 20 | | Assembly, COGFA shall design and remit a copy of this form to | 21 | | all employers subject to this Act. The form shall include the | 22 | | following: | 23 | | (1) employment by the injured employee within the | 24 | | previous 24-month period; | 25 | | (2) compensation earned by the injured employee as a | 26 | | result of the employment; |
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| 1 | | (3) the nature of the injury that entitled the injured | 2 | | employee to a duty disability benefit and benefits as | 3 | | provided under this Act listing the part of the body | 4 | | affected, explaining how it was affected, and including the | 5 | | medical diagnosis, if known; | 6 | | (4) whether the injured employee or his or her spouse | 7 | | has been offered or has access to any insurance from the | 8 | | injured employee's employment or his or her spouse's | 9 | | employment; and | 10 | | (5) whether the injured employee or his or her spouse | 11 | | is currently enrolled in any insurance plan from another | 12 | | source. | 13 | | Within 30 days after receipt of this form, an employer | 14 | | shall notify any employee receiving benefits under this Act of | 15 | | that employee's obligation to file a report under this Section. | 16 | | An employee receiving benefits under this Act must complete and | 17 | | return this form to the employer within 30 days of receipt of | 18 | | such form. Any employee who has been given notice as provided | 19 | | under this Section and who fails to timely file a report under | 20 | | this Section within 30 days after receipt of this form shall be | 21 | | notified by the employer that he or she has 30 days to submit | 22 | | the report or risk losing his or her benefits provided under | 23 | | this Act. An employer may suspend premium payments for an | 24 | | employee who fails to file this report with the employer 30 | 25 | | days after receiving this notice. The employee is responsible | 26 | | for ensuring that premiums are paid during the period of |
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| 1 | | suspension. Employers shall return this form to COGFA within 30 | 2 | | days after receiving the form from the employee. | 3 | | Any information collected by the employer under this | 4 | | Section shall be exempt from the requirements of the Freedom of | 5 | | Information Act except for data collected in the aggregate that | 6 | | does not reveal any personal information concerning the injured | 7 | | employee. | 8 | | By July 1 of every odd-numbered year, beginning in 2015, | 9 | | employers subject to this Act must send a form to all employees | 10 | | eligible for benefits under this Act. The employee must | 11 | | complete and return this form by August 1 of that year. Any | 12 | | employee who has been given notice as provided under this | 13 | | Section and who fails to timely file a completed form under | 14 | | this Section within 30 days after receipt of this form shall be | 15 | | notified by the employer that he or she has 30 days to submit | 16 | | the form or risk losing his or her benefits provided under this | 17 | | Act. An employer may suspend premium payments for an employee | 18 | | who fails to complete and file this form with the employer 30 | 19 | | days after receiving this notice. The employee is responsible | 20 | | for ensuring that premiums are paid during the period of | 21 | | suspension. The employer shall resume premium payments upon | 22 | | receipt of the completed form. Employers shall return this form | 23 | | to COGFA within 30 days after receiving the form from the | 24 | | employee. | 25 | | (d) An employer subject to this Act shall file a claims | 26 | | report with COGFA. COGFA shall design the form and prescribe |
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| 1 | | the content of the report. Within 60 days after the effective | 2 | | date of this amendatory Act of the 98th General Assembly, and | 3 | | by July 1 of every odd-numbered year thereafter beginning in | 4 | | 2015, COGFA shall remit a copy of this form to all employers | 5 | | subject to this Act. An employer covered under this Act shall | 6 | | file a copy of this report with COGFA within 120 days after | 7 | | receipt of the form. | 8 | | The first claims report filed with COGFA under this Section | 9 | | shall set forth all information gathered pursuant to this | 10 | | Section and, when available, shall submit the information | 11 | | required under this Section for each of the 5 years prior to | 12 | | the year in which this amendatory Act of the 98th General | 13 | | Assembly became law. All claims reports thereafter shall set | 14 | | forth the required information for the 24-month period ending | 15 | | on June 30 preceding the deadline date for filing the report. | 16 | | The claims report shall, at a minimum, contain the following | 17 | | information: | 18 | | (1) the number of claims filed under this Act during | 19 | | the reporting period; | 20 | | (2) the number of claims awarded under this Act during | 21 | | the reporting period; | 22 | | (3) the dollar amount of all claims awarded under this | 23 | | Act during the reporting period; | 24 | | (4) the number of claims paid under this Act during the | 25 | | reporting period regardless of when the claim was awarded; | 26 | | (5) the dollar amount of all claims paid under this Act |
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| 1 | | during the reporting period regardless of when the claim | 2 | | was awarded; | 3 | | (6) the annual cost of the benefit and any available | 4 | | long-term cost projections; | 5 | | (7) the nature of the injury as described by the | 6 | | injured employee under item (3) of subsection (c); | 7 | | (8) any employment during the annual reporting period; | 8 | | (9) the compensation earned as a result of that | 9 | | employment; and | 10 | | (10) any offered or accessible insurance options | 11 | | through the injured employee's employment or his or her | 12 | | spouse's employment. | 13 | | The claims report shall redact any information as required | 14 | | by the Health Insurance Portability and Accountability Act of | 15 | | 1996 (HIPAA). Any information submitted to COGFA shall not | 16 | | reveal any personal information of the injured employee. | 17 | | Whenever possible, communication between COGFA and employers | 18 | | as required by this Act shall be through electronic means. | 19 | | (e) By June 1, 2014, and by January 1 of every | 20 | | even-numbered year thereafter beginning in 2016, COGFA shall | 21 | | submit a report to the Governor and General Assembly setting | 22 | | forth the information received under subsections (c) and (d). | 23 | | The report shall aggregate data in such a way as to not reveal | 24 | | the identity of any singular beneficiary. The requirement for | 25 | | reporting to the General Assembly shall be satisfied by filing | 26 | | copies of the report with the Speaker, Minority Leader, and |
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| 1 | | Clerk of the House of Representatives, the President, Minority | 2 | | Leader, and Secretary of the Senate, the Legislative Research | 3 | | Unit as required under Section 3.1 of the General Assembly | 4 | | Organization Act, and the State Government Report Distribution | 5 | | Center for the General Assembly as required under paragraph (t) | 6 | | of Section 7 of the State Library Act. COGFA shall make this | 7 | | report available electronically on a publicly accessible | 8 | | website. | 9 | | (Source: P.A. 90-535, eff. 11-14-97.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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