Illinois General Assembly - Bill Status for HB0805

Deletes everything. Amends the Workers' Compensation Act by: providing that an injury arises out of the employment if the injury occurred as a result of a terrorist act; providing that, if an employer fails to insure or self-insure its workers' compensation liability, the failure shall be deemed an immediate serious danger to public health, safety, and welfare sufficient to justify service by the Industrial Commission of a work-stop order on the employer requiring the cessation of all business operations at the place of employment or job site and specified persons may be criminally liable for the failure under specified circumstances; providing that specified penalties shall be deposited into the Injured Workers Benefit Fund and shall be used for payment of compensable claims of injured employees when the employer has failed to provide coverage or has failed to pay the benefits due to the injured employee and making the Fund always appropriated for its purposes; providing that the custodian of the Injured Workers Benefit Fund shall be joined with the employer as a party respondent in the application for adjustment of claim and that payment from the Fund to an eligible claimant at the end of the fiscal year that the award became final shall discharge the obligations of the Fund regarding the award entered by the Commission; providing that the Commission may obtain reimbursement from the employer for compensation obligations paid by the Injured Workers Benefit Fund and those amounts shall be deposited by the Commission into the Fund; providing that the employer shall provide and pay the lesser of the health care provider's actual charges or the usual and customary charges incurred, subject to provisions establishing maximum allowable usual and customary charge for procedures, treatments, or services; making changes concerning compensation for injuries, vocational rehabilitation counselors, determination of the average weekly wage, the determination of disputed questions, and compensation when benefits have been withheld, refused, or delayed; providing that a person convicted of insurance fraud related to workers' compensation is subject to the penalties prescribed in the Criminal Code of 1961 and that a person convicted of insurance fraud related to workers' compensation under the Criminal Code of 1961 is ineligible to receive or retain any compensation, disability, or medical benefits if the compensation, disability, or medical benefits were owed or received as a result of a violation of insurance fraud provisions of the Criminal Code of 1961 for which the recipient of the compensation, disability, or medical benefit was convicted; creating a Workers' Compensation Medical Fee Advisory Board to be appointed by the Governor to advise the Industrial Commission regarding establishment of fees for medical services; providing that a medical provider may not require, request, or accept payment for treatment or services in excess of charges established by the Industrial Commission; providing for establishment of charges and fee schedules; providing that unpaid bills shall incur interest after 60 days; prohibiting a provider from holding an employee liable for costs related to care in connection with a compensable injury or billing or attempting to recover from an employee the difference between the provider's charge and the amount paid by the employer or the insurer; and making other changes. Makes corresponding changes in the Workers' Occupational Diseases Act. Contains applicability and inseverability provisions. Effective immediately.

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