HB5476 98TH GENERAL ASSEMBLY

LRB098 19498 JLS 54673 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5476

Introduced , by Rep. Edward J. Acevedo

SYNOPSIS AS INTRODUCED:

820 ILCS 175/35
820 ILCS 175/48 new
815 ILCS 505/2RRR new

Amends the Day and Temporary Labor Services Act. Requires all day and temporary labor service agencies to post informational posters in English and Spanish concerning workers' compensation fraud and provides that the Department of Labor shall specify the contents of the posters. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a chiropractic physician must inquire of each patient or prospective patient, by means of the patient intake form or otherwise, whether he or she is a day or temporary laborer who contracts for employment with a day and temporary labor service agency. Provides that, if the patient or prospective patient answers in the affirmative, the chiropractic physician must: obtain the name and address of the day and temporary labor service agency and maintain that information on file for 5 years; provide to the patient or prospective patient a written notice concerning workers' compensation fraud; limit any transportation fee charged to the patient or prospective patient for an appointment or treatment; and provide to the patient or prospective patient written notices regarding false advertising and treatment and billing. Provides that all advertisements by chiropractic physicians must be in accordance with the new provisions. Provides that it is an unlawful practice for a chiropractic physician to violate any of the new provisions.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Day and Temporary Labor Services Act is amended by changing Section 35 and by adding Section 48 as follows:

(820 ILCS 175/35)

Sec. 35. Public Access Area. Each day and temporary labor service agency shall provide adequate seating in the public access area of the offices of the agency. The public access area shall be the location for the notices required by Sections Section 45 and 48 of this Act and any other State or federally mandated posting. The public access area shall allow for access to restrooms and water.

(Source: P.A. 94-511, eff. 1-1-06.)

(820 ILCS 175/48 new)

Sec. 48. Informational posters; workers' compensation fraud. All day and temporary labor service agencies shall post informational posters in English and Spanish concerning workers' compensation fraud. The Department shall specify the contents of the posters.

Section 10. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2RRR as follows:

(815 ILCS 505/2RRR new)

Sec. 2RRR. Chiropractic physicians; day or temporary laborers.

(a) In this Section, "day and temporary labor service agency" and "day or temporary laborer" have the meanings ascribed to those terms in Section 5 of the Day and Temporary Labor Services Act.

(b) A chiropractic physician must inquire of each patient or prospective patient, by means of the patient intake form or otherwise, whether he or she is a day or temporary laborer who contracts for employment with a day and temporary labor service agency. If the patient or prospective patient answers in the affirmative, the chiropractic physician must:

(1) obtain the name and address of the day and temporary labor service agency and maintain that information on file for 5 years;

(2) provide to the patient or prospective patient a written notice in English and Spanish concerning workers' compensation fraud, specifically disclosing the requirements of Section 25.5 of the Workers' Compensation Act and require the patient or prospective patient to sign a form stating that he or she has read and understood the notice. A copy of the written notice shall be given to the patient or prospective patient to keep in his or her possession should additional questions arise;

(3) limit any transportation fee charged to the patient or prospective patient for an appointment or treatment to not more than $50 one way or $100 round trip;

(4) provide to the patient or prospective patient a written notice in English and Spanish that discloses that false advertising targeting patients or prospective patients or presenting falsehoods about Illinois workers' compensation law is prohibited; and

(5) provide to the patient or prospective patient a written statement confirming that the patient or prospective patient will only receive treatment that is a genuine medical necessity and that the patient or prospective patient has the right to review all billing codes with his or her health insurance company or workers' compensation benefit provider to ensure that he or she is only receiving treatment that is medically necessary.

(c) All advertisements by chiropractic physicians must be in accordance with this Section.

(d) It is an unlawful practice under this Act for a chiropractic physician to violate any provision of this Section.