REVISED ILLINOIS STATUTES
Substance Abuse
Enhancement of DUI Penalties
Effective January 1, 2006, this amendment will upgrade the offense of a first time offender under the DUI statute to a Class 4 felony from a Class A misdemeanor if the driver did not have a valid driver's license or the vehicle was not covered by a liability insurance policy. Authorizes seizure and forfeiture of the vehicle as well. See Public Act 94-329
Limitation of Supervision under Vehicle Code
This amendment prohibits a trial court from awarding supervision for an infraction of the Vehicle Code if the defendant had been awarded supervision on two previous occasions for Vehicle Code violations within one year from the date of arrest. Effective January 1, 2006. See Public Act 94-330
Substance Abuse Treatment for Prisoners
The amendment provides that when the court’s sentencing order recommends a prisoner for substance abuse treatment and the crime was committed on or after September 1, 2003, the prisoner shall receive no good conduct credit for meritorious service unless he or she participates in and completes a substance abuse treatment program. Provides that a prisoner on a waiting list to participate in and complete a substance abuse program prior to release may be eligible for a waiver and receive good conduct credit for meritorious service at the discretion of the director. Effective July 8, 2005. See Public Act 94-0156
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Mental Health
Prisoners in Mental Health Units
This amendment eliminates the provision that prohibits an inmate who is assigned to a mental health unit from receiving an additional good conduct credit for being engaged full-time in substance abuse programs, correctional industry assignments, or educational programs provided by the Department of Corrections. Effective August 8, 2005. See Public Act 94-0491
Mental Health Parity
This amendment requires an insurer that provides coverage for hospital or medical expenses under a group policy of accident and health insurance or health care plan to provide coverage under the policy for treatment of serious mental illness under the same terms and conditions as coverage for hospital or medical expense related to other illnesses and diseases, and eliminates the December 31, 2005 sunset date that applies to those provisions. Effective August 2, 2005. See Public Act 94-402
Mental Health Record Disclosure
This amends the Mental Health and Developmental Disabilities Confidentiality Act, and adds prisons operated by the Department of Corrections and mental health facilities operated by a county to the list of entities that may disclose through an interagency disclosure a recipient’s record or communications, without consent, to another entity listed in the Act for the purpose of admission, treatment, planning, or discharge. The amendment also provides that no records or communications may be disclosed to a State prison unless the Department has entered into a written agreement with the State prison to ensure that the records and communications disclosed are disclosed only to the proper persons. Effective immediately. See Public Act 94-0182
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Human Rights
The Illinois Human Rights Act
This amendment makes it a civil rights violation to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of any right protected under Article 3 of this Act, which deals with real estate transactions. Effective January 1, 2006. See Public Act 94-78
Real Estate Filing Fee
This amendment authorizes a $10 filing fee on all real estate documents with $9 going to the affordable housing fund and $1 to the county’s general revenue fund. The money will subsidize landlords to enable them to charge affordable rent for low-income tenants Effective July 1, 2005. See Public Act 94-118.
Minimum Wage Act
The amendment increases the minimum wage to $6.50 per hour, from its previous level of $5.50 per hour. ($6.00 per hour for workers under 18 years of age). Effective January 1, 2005. Public Act 93-0581
Workers’ Compensation Act
The amendment to the Act ensures prompt payment for medical providers who treat injured workers by allowing 1% interest per month after 60 days on unpaid medical bills. Prohibits a medical provider from billing an injured worker for the balance if charges are not paid by an insurance company while the worker’s compensation claim is pending. Creates a 3rd Worker’s Compensation Commission panel to expedite resolution of disputed claims and also expands and expedites emergency hearings to resolve cases within 180 days. Requires the Workers’ Compensation Commission to certify vocational rehabilitation counselors who provide rehabilitation services to injured workers. Also defines maintenance and temporary partial disability benefits to encourage an earlier return to work.
Enhances penalties, for the unreasonable delay of workers’ compensation benefits, from $10 per day to $30 per day and from $2,500 per claim to $10,000 per claim and defines the Commission’s authority in assessing penalties. Increases the minimum benefit payment for a worker killed on the job to the greater of $500,000 or 25 years (was previously approximately $400,000 or 20 years). Increases the burial benefits to $8,000 for workers from $4,200. Protects low-wage workers and ties the minimum temporary total disability (TDD) and permanent partial disability (PPD) rates to the Illinois Minimum Wage for a 40-hour week.
Creates cost containment in workers’ compensation by joining 44 other states in creating a medical fee schedule indexed to the Consumer Price Index (CPI). The fee schedule allows for providers treating injured workers to charge up to 90% of the 80th Percentile utilizing Illinois medical databases. Provides for Utilization Review of proposed or provided medical treatment to ensure the treatment is reasonable and necessary for injured workers using nationally recognized medical standards.
Creates a workers compensation fraud statute and investigation unit within the Division of Insurance of the Department of Financial and Professional Regulation to investigate charges of workers’ compensation fraud including uninsured employers and allows for reporting of fraudulent claims by employees.
Enhances penalties and fines and creates a work-stop order for failure by employers to obtain workers’ compensation insurance. Further provides civil liabilities for persons who knowingly and fraudulently attempt to obtain workers’ compensation benefits. Effective July 20, 2005. See Public Act 94-277
Illinois Worker Adjustment and Restraining Notification Act
This amendment states that an Employer may not order a mass layoff, relocation, or employment loss unless, 60 days before the order takes effect, the employer gives written notice of the order to affected employees and to certain State, county and municipal officials. In the case of a plant closing, an employer is not required to send notice if the Department of Labor determines that the employer was actively seeking capital or business; and if obtained, would have enabled the employer to avoid or postpone the relocation or termination; and the employer in good faith believed that giving the notice would have precluded the employer from obtaining the needed capital or business. Note: Government employers, charities and tax-exempt organizations are not subject to these requirements.
An employer who fails to give notice as required is liable to each affected employee for back pay at the average regular rate of compensation during the last three years of his or her employment, or the employee’s final rate of compensation, which ever is higher, as well as the value of the cost of any benefit to which the employee would have been entitled had his or her employment not been lost, including the cost of any medical expenses incurred by the employee that would have been covered under an employee benefit plan. Liability is calculated for up to (and no more than) 60 days of back pay, or ½ the number of days that the employee was employed, whichever is smaller.
An employer who fails to give notice as required is also subject to a civil penalty of not more than $500 a day. The employer is not subject to a civil penalty under this section if the employer pays to all applicable employees the amounts for which the employer is liable within 3 weeks from the date the employer orders the mass layoff, relocation, or employment loss. Effective January 1, 2005. See Public Act 93-915
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Corporate
Personal Information Protection Act
This amendment created the Personal Information Protection Act, which amends the Consumer Fraud and Deceptive Practices Act to make it a violation of that Act to knowingly violate the Personal Information Protection Act. It requires “data collectors” to notify their clients or patients of any “breach of the security of the system data” that may reveal personal information. Effective January 1, 2006. See Public Act 94-36
An Act to Amend the Code of Civil Procedure
The amendment authorizes a six-person jury if the claim for damages is $50,000 or less. Current law authorizes a jury of six if the claim does not exceed $25,000. Either party still retains the option of demanding a jury of 12. Effective January 1, 2006. See Public Act 94-206
Limited Liability Company Act
The Limited Liability Company Act has been amended to provide that an operating agreement may establish a designated series of members, managers or limited liability company interests having separate rights, powers or duties with respect to specified property or obligations of the limited liability company or profits and losses associated with specified property or obligations, and to the extent provided in the operating agreement, any such series may have a separate business purpose or investment objective.
The amendment also establishes the procedures for management, dissolution and operation of a series, and provides the fee for filing articles of organization, annual reports, and certificates of designation for a series of a limited liability company. Effective August 16, 2005. See Public Act 94-607
Various Business Organization Changes
This amendment to the Business Corporation Act, Professional Service Corporation Act and General Not for Profit Corporation Act, as well as other acts, replaces the terms ‘certificates of incorporation” and “application for certificate of authority” with the terms “articles of incorporation” and “application for authority”.
Also amends the Limited Liability Company Act to provide that a domestic or foreign limited liability company shall have the power to change the address of its registered office. Effective January 1, 2006. See Public Act 94-0605
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Minors
Waiver of Counsel
The amendment prohibits a person under 17 years of age from waiving the right to the assistance of counsel in his or her defense in any judicial proceeding. This Section does not apply to a minor charged with an offense for which the penalty is a fine only. Effective July 26, 2005. See Public Act 94-345
Juvenile Record Expungement
This amendment states that employers may not ask if an applicant had a juvenile record expunged and that application for employment must contain specific language that states that the applicant is not obligated to disclose expunged juvenile records of arrest or conviction. Effective August 12, 2004. See Public Act 93-0912
The Parental Responsibility Law
The amendment requires an increase in damages allowed under the Act from $2,500 to $20,000. Effective July 7, 2005. See Public Act 94-130
Electronic Recording of Juvenile Interrogations
This Amendment to the Juvenile Court Act requires electronic recording of custodial interrogations (interrogations at a police station or other place of detention) of a minor. Unless the custodial interrogation is electronically recorded, any statements made by the minor will be presumed to be inadmissible in a criminal or juvenile court proceeding. Effective July 18, 2005. See Public Act 93-0206
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Healthcare
Health Care Professionals Registry
The amendment requires that the Department of Public Health maintain a registry of all active-status health care professionals, including nurses, nurse practitioners, advanced practice nurses, physicians, physician assistants, psychologists, professional counselors, clinical professional counselors and pharmacists. The registry must consist of information shared between the Department of Public Health and the Department of Financial and Professional Regulation via a secure communication link. The registry shall be accessed in the event of an act of bioterrorism or other public health emergency. Effective July 22, 2005. See Public Act 94-0308
Examination of Medical Records
Amends the examination of records statute in the Code of Civil Procedures. It expands the definition of those who can request these records to include “any person, entity, or organization presenting a valid authorization for the release of records signed by the patient or the patient’s legally authorized representative.” It also permits those listed to examine the records as well. Under current law it is limited to the request of any patient who has been treated in such health care facility, although it does permit a patient, his or her physician, or authorized attorney to examine the records. Effective July 9, 2005. See Public Act 94-155
The Employee Blood Donation Leave Act
This amendment is intended to provide time off with pay to allow employees of units of local governments, boards of election commissioners, or private employers in the State of Illinois to donate blood. Under this amendment, a participating employee may be entitled to blood donation leave with pay of up to one hour every 56 days in accordance with appropriate medical standards. The employee may use the authorized leave only after obtaining approval from the employer. The Department of Public Health must adopt rules governing blood donation leave, including rules that establish conditions and procedures for requesting and approving leave, and require medical documentation of the proposed blood donation before leave is approved by the employer. Effective June 15, 2005. See Public Act 94-0033
Electronic Medical Records Taskforce
This Act creates the Electronic Medical Records Taskforce, and authorizes the Taskforce to create a plan for the development and utilization of electronic health records in the State in order to improve the quality of patient care, increase the efficiency of healthcare practice, improve safety, and reduce healthcare errors. Effective immediately. See Public Act 94-0646
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Federal Update
Patient Safety and Quality Improvement Act of 2005
The JCAHO recently hailed the enactment of this legislation, which establishes federal protections that encourage thorough, candid examinations of the causes of healthcare errors and the development of effective solutions to prevent their recurrence. The Act will also encourage the voluntary reporting of medical errors, serious adverse events and their underlying causes by providing full federal privilege to patient safety information that is transmitted to a Patient Safety Organization. JCAHO also expects to create or become a part of a Patient Safety Organization under the auspices of its new International Center for Patient Safety and seek federal approval under a new process to be created by the Department of Health and Human Services. Effective July 29, 2005. See Public Law 109-041
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