Section Activities Summary

ISBA Central Discussions

Legislation

The Section Council reviewed 8 bills that may affect their members’ practice area. Highlights of the most recent legislative session include:

• House Bill 5228 provides that, on or before July 1, 2026 or 15 days after the effective date of the amendatory Act, whichever is later, and on or before July 1 of each year thereafter, in addition to the amount required, the Director shall charge an amount to be included in a company's obligation to pay the annual Illinois Workers' Compensation Commission Operations Fund Surcharge. The bill provides that any corporation, limited liability company, or partnership engaged in activities requiring licensure by a State agency, for which proof that it has insured its workers' compensation liability is a requirement for licensure, that fails to satisfy specified requirements, shall be subject to civil penalties under the Act unless it shows by clear and convincing evidence that it was not operating during the time its license was active. In Workers’ Compensation Act provisions concerning the amount of compensation which shall be paid for an accidental injury to the employee resulting in death, it increases from $8,000 to $10,000 the sum for burial expenses to be paid by the employer to the widow or widower, other dependent, next of kin or to the person or persons incurring the expense of burial. Regarding utilization review, the bill provides that any adverse determination made during such process shall be made by a physician if the health care services are to be delivered or are recommended by a physician. Provides that certification made under the utilization review process shall be valid for the 3 months immediately after the date on which the employee and health care provider receive the certification or for the length of treatment as determined by the employee's health care provider. The bill sets forth procedures for the appeal of a non-certification. The bill further provides that, if an employer asks a medical practitioner for an examination of the reasonableness and necessity of the medical services proposed or provided, instead of a utilization review, the examination and the report of the examination shall be provided by the medical practitioner to the employee or the employee's representative and the employee's treating health care professional within 90 days after receipt of the request for the examination of the reasonableness and necessity of treatment. Effective immediately.