LEGISLATIVE ACTIONS:

• House Bill 269

Amends the Workers' Compensation Act. Permits a single commissioner to approve of enforcement actions under provisions of the Act concerning insuring an employer's ability to pay compensation, replacing the current requirement of a panel of 3 commissioners. Permits the Illinois Workers' Compensation Commission to, if an employer's business is declared to be extra hazardous, issue a work-stop order while awaiting a ruling from the Commission or while awaiting proof of insurance by the employer. Provides that investigative actions must be acted upon within 90 days of the issuance of a complaint. Raises the maximum allowable penalty for noncompliance with certain insurance requirements from $2,000 to $10,000. Doubles the maximum allowable penalties, to $1,000 per day, with a minimum penalty of $20,000, for employers found to be in noncompliance more than once. Provides that an employer with 2 or more violations may no longer self-insure or purchase an insurance policy from a private broker for one year or until all penalties are paid, during which time the employer must purchase insurance from the Assigned Risk Pool through the National Council on Compensation Insurance. Effective Date January 1, 2020.

REGULATORY ACTIVITY:

• Posted in the June 28, 2019 State Register a Statement of Objection to Proposed Rule Making by the Department of Insurance regarding Workers' Compensation Electronic and Standardized Paper Billing.

LEGISLATIVE ACTIONS:

• Senate Bill 1596

Amends the Workers’ Compensation Act and the Workers' Occupational Diseases Act. Provides that specified Sections limiting recovery do not apply to injuries or death resulting from an occupational disease as to which the recovery of compensation benefits under the Act would be precluded due to the operation of any period of repose or repose provision. Provides that, as to any such injury occupational disease, the employee, the employee's heirs, and any person having the standing under law to bring a civil action at law has the nonwaivable right to bring such an action against any employer or employers.  Effective Date May 17, 2019.

REGULATORY ACTIVITY:

• Updated versions of the Illinois EDI Claims Release 3.1 Element Requirements Table and Edit Matrix have been released. For details and additional information, go to https://www2.illinois.gov/sites/iwcc/Pages/EDIImplimentation.aspx.
• Published a revised Trauma Centers by Region Chart. To view the revised chart, go to http://dph.illinois.gov/topics-services/emergency-preparedness-response/ems/trauma-program/centersByReg.

REGULATORY ACTIVITY:

• The Illinois Workers’ Compensation Commission is constantly working to improve your experience with the new version of its case docket website now available at https://casedocket.iwcc.il.gov/.  Please see the below summary of what has changed since the initial release date.
  • Improvements
    • Data is updated nightly, Monday through Friday.
    • Better printing of main case docket screen using Microsoft Internet Explorer, Microsoft Edge, or Google Chrome.
  • Resolved Problems
    • Resolved: Search by respondent’s name on name/birth inquiry search did not return any cases in some instances.
    • Resolved: Main case docket screen did not note “Connected Case(s)” like old neon mainframe website.
    • Resolved: Commission decision numbers did not appear at the bottom of the more info screen.
• Posted notice of updated Release 3.1 trading partner tables and matrix. The tables were updated May 22, 2019.  The tables updated were Illinois R3.1 Event Tables Version 1.1 - updated 5/22/2019; Illinois R3.1 element Requirements Version 1.1 - updated 5/22/2019 and Illinois R3.1 Edit Matrix Version 1.1 - updated 5/22/20219.  To view the tables, go to https://www2.illinois.gov/sites/iwcc/Pages/EDIImplimentation.aspx.

REGULATORY ACTIVITY:

• Zone 2 Arbitrator Douglas McCarthy was recently appointed to the position of Commissioner of the Illinois Workers' Compensation Commission. His appointment to Commissioner became effective on March 15 2019.  The dockets in Urbana, Springfield and Quincy that were previously assigned to Commissioner McCarthy will be designated as "TBA1" until a permanent replacement is named.  Until a new arbitrator is assigned all settlement contracts can be sent to either Arbitrator Hemenway or Arbitrator Pulia for review and / or approval. Their addresses are as follows:

Arbitrator   Hemenway      Arbitrator Pulia

PO Box 648                          PO Box 8117

Lincoln, IL 62656               Westchester, IL 60154

312/859-9592                      312/465-3977

Motions and other correspondence for the Quincy call on April 3rd and the Springfield call on May 21st are to be sent to Arbitrator Hemenway. Motions and other correspondence for the Urbana call on June 12th are to be sent to Arbitrator Pulia.

• Zone 4 Arbitrator Barbara Flores was recently appointed to the position of Commissioner of the Illinois Workers' Compensation Commission. Her appointment to Commissioner became effective on March 15 2019. The dockets in New Lenox, Kankakee and Ottawa that were previously assigned to Commissioner Flores will be designated as "TBA2" until a permanent replacement is named.
• Until a new arbitrator is assigned all settlement contracts can be sent to either Arbitrator Dollison or Arbitrator Erbacci for review and / or approval. Their addresses are as follows:

Arbitrator Dollison                      Arbitrator Erbacci

1448 E. 52nd Street #436          2615 N. Drury Lane

Chicago, IL 60615-4122             Arlington Heights, IL 60004

312/465-3978                               312/590-3462

• Motions and other correspondence for the New Lenox status call on April 1st are to be sent to Arbitrator Dollison. Motions and other correspondence for the Ottawa status call on May 23rd and the Kankakee status call June 17th are to be sent to Arbitrator Erbacci.
• All trading partners submitting to the IWCC must submit an updated Trading Partner Agreement for Release 3.1 before May 17, 2019, or before the start of testing.  Trading partner and EDI vendor testing for FROI/SROI EDI Claims Release 3.1 will begin February 25, 2019 and continue through May 24, 2019.  EDI vendors already submitting XML to at least one R3.1 EDI state at the time of testing are only required to complete connectivity testing requirements.  All other trading partners must complete the entire test plan. Trading Partner Documents: Illinois R3.1 Trading Partner Agreement; Illinois R3.1 Implementation Guide (Updated 4/15/2019); Illinois R3.1 Testing Requirements Plan (Updated 2/25/2019); Illinois R3.1 Test Feedback Request List; Illinois R3.1 FAQs (Updated 4/15/2019) .  To view the information, go to https://www2.illinois.gov/sites/iwcc/Pages/EDIImplimentation.aspx.

REGULATORY ACTIVITY:

• The 2019 Arbitrator Evaluation Form is available by following the link provided below.  The evaluation form is also available on the Forms Page of the IWCC website.  Instructions for completion and submission are detailed in the PDF.  To view the notice, go to https://www2.illinois.gov/sites/iwcc/news/Pages/news.aspx#iwcc-55.  To view the form, go to https://www2.illinois.gov/sites/iwcc/resources/Documents/2019ArbitratorEvaluationForm.pdf.

FEE SCHEDULE NEWS:

• The Illinois Department of Public Health has amended the list of Trauma Centers by Region.  To view the updated list; go to http://dph.illinois.gov/topics-services/emergency-preparedness-response/ems/trauma-program/centersByReg.

REGULATORY ACTIVITY:

• Effective immediately, Arbitrator Seal will be assigned to cover the dockets previously presided over by Arbitrator McCarthy in Bloomington, Peoria and Rock Island.  Arbitrator Seal's first status call in Zone 3 will be held in Bloomington on Monday, March 25th .
• Published company bulletin 2019-1 regarding all insurance companies submitting referrals to the workers' compensation fraud unit.  All insurance companies that wish to submit a referral request to the Department's Workers' Compensation Fraud Unit for investigation and potential referral for prosecution, MUST submit the referral request on the attached Workers'  Compensation Fraud Unit Referral Form. This form will also be available on the Department's website. The Workers' Compensation Fraud Unit will not process any referrals without a completed Workers' Compensation Fraud Unit Referral Form. Questions regarding this bulletin may be directed to DOI.Communications@illinois.gov.  To view the bulletin, go to http://insurance.illinois.gov/CB/CompanyBulletins.html
• Please note that the hearing date scheduled for Monday, May 6th in New Lenox has been cancelled. The status call scheduled for Wednesday, May 1st and the hearing dates of May 2nd, 3rd, 7th, 8th, 9th and 10th will be held as scheduled.
• The IWCC hosted a training webinar for its EDI implementation on February 25, 2019.  Please see the EDI Implementation Section for more details. To view additional details, go to https://www2.illinois.gov/sites/iwcc/Pages/EDIImplimentation.aspx.

REGULATORY ACTIVITY:

• Illinois is mandating XML reporting in the IAIABC's EDI Claims Release 3.1 Standard beginning on June 14, 2019.  The Release 3.1 trading partner tables and matrix are now available at https://www2.illinois.gov/sites/iwcc/Pages/EDIImplimentation.aspx.

• All trading partners submitting to the IWCC must submit an updated Trading Partner Document for Release 3.1 before May 17, 2019, or before the start of testing.  Trading partner and EDI vendor testing for IWCC FROI/SROI IAIABC Claims EDI Release 3.1 will begin February 25, 2019 and continue through May 24, 2019.  EDI vendors already submitting XML to at least one R3.1 EDI state at the time of testing are only required to complete connectivity testing requirements.  All other trading partners must complete the entire test plan.  The test plan will be published soon, and an announcement will be sent once it is available. Important Dates:

• • Testing – February 25, 2019, until May 24, 2019
  • Updated Trading Partner Document – due by May 17, 2019
  • Go-Live Date – June 14, 2019

• The IWCC will regularly update the website to share additional information on this project.  You can also send any questions regarding the implementation to our dedicated EDI e-mail address, WCC.EDI@Illinois.gov.  To view this notice, go to https://www2.illinois.gov/sites/iwcc/news/Pages/news.aspx#iwcc-72.
• Posted notice of amendment to Rule 50 Ill. Adm. Code 2908 Section 2908.60.  The proposed amendments implement PA 100-1117, which adds the requirement that the Department adopt rules to ensure that health care providers are responsible for supplying only those medical records pertaining to the provider's own claims that are minimally necessary under the federal Health Insurance Portability and Accountability Act of 1996.  Persons who wish to comment on this proposed rulemaking may submit written comments no later than 45 days after the publication of this Notice to: Robert Planthold, Assistant General Counsel Illinois Department of Insurance 122 S. Michigan Ave, Fl. 19 Chicago IL 60603 or Susan Anders Rules Coordinator Illinois Department of Insurance 320 W. Washington St., Fl. 4 Springfield IL 62767.  To view the notice and proposed rule, go to http://www.cyberdriveillinois.com/departments/index/register/home.html.

LEGISLATIVE ACTIONS:

• House Bill 3452

The enacted legislation amends the Workers' Compensation Act. 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 Date January 11, 2019.

FEE SCHEDULE NEWS:

• The medical and facility fee schedules have been updated with an effective date of January 1, 2019. The next update is expected in January 2020.

REGULATORY ACTIVITY:

• The IWCC has secured a new location in Urbana where the Arbitration Status Call, Arbitration Hearings and Review Hearings will be held. The new location is at the Lincoln Square Mall just a few short blocks from the current location at the Urbana Civic Center. The new hearing site will become available for the January 2019 trial cycle and is located on the lower level of the Lincoln Square Mall. The mall address is 201 Lincoln Square, Urbana, IL 61801.

REGULATORY ACTIVITY:

• The Department of Insurance posted notice of adoption of rules regarding utilization review in workers' compensation.  The adopted rule became effective on November 1, 2018.  To view the notice, go to http://www.cyberdriveillinois.com/departments/index/register/home.html and go to issue #46.
• Effective immediately, Arbitrator Frank Soto will be assigned to Zone VI (Elgin, Geneva and Wheaton) to cover the dockets previously presided over by Arbitrator Ketki Steffen. Until further notice all correspondence for these dockets should be sent to Arbitrator Soto at the following address:

Arbitrator Frank Soto

100 W Randolph St Suite 8-200

Chicago, IL 60601

Email: Frank.Soto@illinois.gov

For December 2018, Arbitrator Soto’s Chicago Docket will be presided over by Arbitrator Charles Watts. Correspondence for the December Chicago docket should be sent to Arbitrator Watts at the following address:

Arbitrator Charles Watts

100 W Randolph St Suite 8-200

Chicago, IL 60601

Email: Charles.Watts@illinois.gov