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92_HB5013 LRB9212995RCgc 1 AN ACT in relation to workers' compensation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Workers' Compensation Act is amended by 5 adding Sections 26.5, 26.6, 26.7, and 26.8 as follows: 6 (820 ILCS 305/26.5 new) 7 Sec. 26.5. Ineligibility to receive benefits. Any person 8 convicted of committing workers' compensation insurance fraud 9 under Section 46-1, 46-1.1, 46-2, 46-3, or 46-4 of the 10 Criminal Code of 1961 is ineligible to receive or retain any 11 compensation, disability, or medical benefit as defined in 12 this Act, if that compensation, disability, or medical 13 benefit was owed or received as a result of a violation of 14 Section 46-1, 46-1.1, 46-2, 46-3, or 46-4 of the Criminal 15 Code of 1961 for which the recipient of the compensation, 16 disability, or medical benefit was convicted. 17 (820 ILCS 305/26.6 new) 18 Sec. 26.6. Advertisements; notice of penalties; 19 requirements. 20 (a) The purpose of this Section is to assure truthful 21 and adequate disclosure of all material and relevant 22 information in the advertising that solicits persons to file 23 workers' compensation claims or to engage or consult counsel 24 or a medical care provider or clinic to consider a workers' 25 compensation claim. 26 (b) Any advertisement that solicits persons to file 27 workers' compensation claims or to engage or consult counsel 28 or a medical care provider or clinic to consider a workers' 29 compensation claim in any newspaper, magazine, circular, form 30 letter, or open publication that is published, distributed, -2- LRB9212995RCgc 1 or circulated in this State or on any billboard, card, label, 2 transit advertisement or other written advertising medium 3 shall state at the top or bottom on the front side or surface 4 of the document in at least 12-point roman boldface type 5 font, except on any billboard, which shall be in type whose 6 letters are 12 inches in height, any transit advertisement, 7 which shall be in type whose letters are 7 inches in height, 8 any television announcement, which shall be in 12-point roman 9 boldface type font and appear in a dark background and remain 10 on the screen for a minimum of 5 seconds, and for any radio 11 announcement, which shall be read at an understandable pace 12 with no loud music or sound effects, or both, to complete for 13 the listener's attention, the following: 14 "NOTICE 15 Making a false or fraudulent workers' compensation claim is a 16 felony subject to up to 5 years in prison or a fine of up to 17 $50,000 or double the value of the fraud, whichever is 18 greater, or both imprisonment and fine." 19 (c) Any television or radio announcement published or 20 disseminated in this State that solicits persons to file 21 workers' compensation claims or to engage or consult counsel 22 to consider a workers' compensation claim under this Act 23 shall include the following spoken statement by the announcer 24 of the advertisement: 25 "Making a false or fraudulent workers' compensation claim 26 is a felony subject to up to 5 years in prison or a fine of 27 up to $50,000 or double the value of the fraud, whichever is 28 greater, or both imprisonment and fine" 29 (d) This Section does not supersede or repeal any rule 30 that governs advertising under this Act and those rules shall 31 continue to be in force in addition to this Section. 32 (e) For purposes of subsections (b) and (c), the notice 33 or statement shall be written or spoken in English. In those 34 cases in which the preponderance of the listening or reading -3- LRB9212995RCgc 1 public receives information other than in the English 2 language, the written notice or spoken statement shall be in 3 those other languages. 4 (820 ILCS 305/26.7 new) 5 Sec. 26.7. Advertisements; disclosure; deceptive use of 6 names; prohibited advertisements. 7 (a) Any advertisement or other device designed to 8 produce leads based on a response from a person to file a 9 workers' compensation claim or to engage or consult counsel 10 or a medical care provider or clinic shall disclose that an 11 agent may contact the individual if that is the fact. In 12 addition, an individual who makes contact with a person as a 13 result of acquiring that individual's name from a lead 14 generating device shall disclose that fact in the initial 15 contact with that person. 16 (b) No person shall solicit a person to file a workers' 17 compensation claim or to engage or consult counsel or a 18 medical care provider or clinic to consider a workers' 19 compensation claim through the use of a true or fictitious 20 name that is deceptive or misleading with regard to the 21 status, character, or proprietary or representative capacity 22 of the entity or person, or to the true purpose of the 23 advertisement. 24 (c) For purposes of this Section, an advertisement 25 includes a solicitation in any newspaper, magazine, circular, 26 form letter, or open publication, published, distributed, or 27 circulated in this State or on any billboard, card, label, 28 transit advertisement, or other written advertising medium, 29 and includes envelopes, stationary, business cards, or other 30 material designed to encourage the filing of a workers' 31 compensation claim. 32 (d) Advertisements shall not employ words, initials, 33 letters, symbols, or other devices that are so similar to -4- LRB9212995RCgc 1 those used by a governmental agency, a nonprofit or 2 charitable institution, or other entity that could have the 3 capacity or tendency to mislead the public. Examples of 4 misleading materials include, but are not limited to, those 5 that imply any of the following: 6 (1) The advertiser is in some way provided by or is 7 endorsed by a governmental agency or charitable 8 institution. 9 (2) The advertisement is the same as, is connected 10 with, or is endorsed by a governmental agency or 11 charitable institution. 12 (e) Advertisements may not use any name of a state or 13 political subdivision of a state in an advertising 14 solicitation. 15 (f) Advertisements may not use any name, service mark, 16 slogan, symbol, or any device in any manner that implies that 17 the advertiser, or any person or entity associated with the 18 advertiser, or that any agency who may call upon the person 19 in response to the advertisement, is connected with a 20 governmental agency. 21 (g) Advertisements may not imply that the reader, 22 listener, or viewer may lose a right, privilege, or benefit 23 under federal, state, or local law if he or she fails to 24 respond to the advertisement. 25 (820 ILCS 305/26.8 new) 26 Sec. 26.8. Violation; Class 4 felony. 27 (a) An advertiser who violates Section 26.6, 26.7, or 28 26.8 is guilty of a Class 4 felony. 29 (b) For the purposes of Sections 26.6, 26.7, or 26.8, 30 "advertiser" means any person who provides workers' 31 compensation claims services that are described in the 32 written or broadcast advertisements, any person to whom 33 persons solicited by the advertisements are directed to for -5- LRB9212995RCgc 1 inquiries or the provision of workers' compensation claims 2 related services, or any person paying for the preparation, 3 broadcast, printing, dissemination, or placement of the 4 advertisements.
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