SB1066ham005 96TH GENERAL ASSEMBLY

Rep. John E. Bradley

Filed: 1/9/2011

09600SB1066ham005 LRB096 07137 WGH 44898 a

AMENDMENT TO SENATE BILL 1066

AMENDMENT NO. ______. Amend Senate Bill 1066, AS AMENDED, with reference to page and line numbers of House Amendment No. 3, on page 5, line 24 by changing "29.1" to "24.1, 29.1"; and

on page 87, by inserting immediately above line 9 the following:

"(820 ILCS 305/24.1 new)

Sec. 24.1. Collective bargaining agreements.

(a) Any employer or group of employers, and the recognized or certified and exclusive representative of its employees, may agree to establish certain binding obligations and procedures relating to workers' compensation. This agreement must be limited to the following, but need not include all of the following:

(1) An alternative dispute resolution system to supplement, modify, or replace the procedural or dispute resolution provisions of this Act. The system may include mediation, arbitration, or other dispute resolution proceedings, the results of which may be final and binding upon the parties.

(2) A list of providers of medical treatment that may be the exclusive source of all medical and related treatment provided under this Act.

(3) A list of providers which may be the exclusive source of impartial medical (physical or mental) examinations under this Act.

(4) The creation of a transitional or modified return to work program.

(5) A list of individuals and companies for the provision of vocational rehabilitation or retraining programs.

(6) The establishment of safety committees and safety procedures.

(7) The adoption of a 24 hour health care coverage plan.

(b) A copy of the agreement identifying the employer or the group of employers and the local union, district, or council shall be filed with the Illinois Workers' Compensation Commission. Upon filing, the agreement shall be valid and binding.

(c) Nothing in this Section shall allow any agreement that diminishes an employee's entitlement to benefits as otherwise set forth in this Act. For the purposes of this Section, the procedural rights and dispute resolution agreements under paragraphs (1) through (7) of subsection (a) are not agreements that diminish an employee's entitlement to benefits. Any agreement that diminishes the employee's entitlement to benefits as set forth in this Act is null and void.

(d) If the employer is insured under this Act, it shall, in the manner provided in the insurance contract, provide notice to its insurance carrier of its intent to enter into an agreement as provided in this Section with its employees and obtain consent from its insurance carrier to enter into an agreement as provided in this Section.".