Construction Law

(Hastings, D-Tinley Park; Hoffman, D-Belleville) amends the Workers' Compensation Act affecting fees and electronic claims. (1) Requires a provider to bill an employer or its designee directly. (2) Provides that the employer or the insurer must send to the provider an explanation of benefits. (3) Requires employers and insurers to pay interest to providers at the rate of 1% per month for services rendered on and after the effective date of this amendatory Act if the bill is not paid promptly.

(4) Authorizes providers to bring an action in circuit court to enforce the payment procedures with regard to services rendered on and after the effective date of this amendatory Act. (5) Requires the Director of Insurance to adopt rules to ensure that providers have the opportunity to comply with requests for records by employers and insurers. (6) Imposes penalties upon employers and insurers that fail to comply with the electronic claims process. This bill was amendatorily vetoed by the Governor, and the Senate overrode his veto last week. The House may consider it next week. If both chambers override the veto, it takes effect immediately. 
 

(Soto, D-Chicago; Hastings, D-Tinley Park) amends the Workers Compensation Act so that takes effect if and only if Senate Bill 904 of the 100th General Assembly becomes law in the form in which it passed both houses on May 31, 2018. In provisions concerning required interest payments to providers for unpaid bills, requires such payments to be made by the employer or its insurer to the provider within 30 days (rather than not later than 30 days) after payment of the bill. Provides that if the employer or its insurer fails to pay interest within 30 days after payment of the bill, the provider may bring an action in circuit court for the sole purpose of seeking payment of interest against the employer or its insurer. Provides that the circuit court's jurisdiction shall be limited to enforcing payment of interest as required under a specified provision of the Act. Effective upon becoming law or on the date Senate Bill 904 of the 100th General Assembly takes effect, whichever is later. It is on the House concurrence calendar after passing the Senate. 
 

(Hoffman, D-Belleville; Hastings, D-Tinley Park) amends the Workers Compensation Act to require an employer or insurer to provide written notification to a provider and employee (or a designee) an explanation of benefits that explains the basis for the denial of a work-related illness or injury or the insufficiency of the required data necessary to adjudicate a medical bill.  On the House concurrence calendar after passing the Senate last week.  

(Thapedi, D-Chicago) amends the Code of Civil Procedure. It provides that if the pleader does not file and serve a bill of particulars within 28 days of the demand, or if the bill of particulars delivered is insufficient, the court may, among other things, award attorney's fees and costs. Creates a 28-day deadline for moving that a demand for a bill of particulars be denied or modified. Just introduced. 
 

(Ford, D-Chicago; Castro, D-Elgin) create a three-year pilot program that allows the recorder of deeds to establish an administrative law process to adjudicate expired mechanic’s liens that have been recorded but not litigated or released under the Mechanics Lien Act.

Effective January 1, 2019.

(Mulroe, D-Chicago; Martwick, D-Chicago) amends the Code of Civil Procedure to provide that the court’s jurisdiction is not affected by a technical error in format of a summons if the summons has been issued by a clerk of the court, the person or entity to be served is identified as a defendant on the summons, and the summons is properly served.

Actions for the recovery of real property following a foreclosure must be brought within two years after possession is taken. If a petition is filed to reopen a foreclosure proceeding, the purchaser or successor purchaser is entitled to remain in possession of the property until the foreclosure action is defeated or the previously foreclosed defendant redeems from the foreclosure sale if the purchaser has been in possession of the property for more than six months. A purchaser in actual possession of lands or tenements following a foreclosure is adjudged to be the legal owner of the lands or tenements if he or she continues in possession for two successive years and pays all taxes legally during that time.

Amends the Mortgage Rescue Fraud Act to provide that it is a violation for a distressed-property consultant to, among other things, enter into, enforce, or act upon any agreement with a foreclosure defendant, whether the foreclosure is completed or otherwise, if the agreement provides for a division of proceeds between the foreclosure defendant and the distressed-property consultant derived from the foreclosure litigation.

Effective August 23, 2018. 

(Mulroe, D-Chicago; Andersson, R-Geneva) is a trailer bill to resolve technical concerns in the rewrite of the fines and costs statutes in the just enacted Criminal and Traffic Assessment Act. Effective July 1, 2019.