Illinois General Assembly - Bill Status for SB2901

Replaces everything after the enacting clause. Amends the Workers' Compensation and Employer's Liability Rates Article of the Illinois Insurance Code. Provides that a rate is excessive if it is likely to produce a long run profit that is unreasonably high for the insurance provided or if expenses are unreasonably high in relation to the services rendered (instead of providing that a rate in a competitive market is not excessive and a rate in a noncompetitive market is excessive if it is likely to produce a long run profit that is unreasonably high for the insurance provided or if expenses are unreasonably high in relation to the services rendered). Provides for prefiling (rather than filing) of rates with the Director of Insurance and makes other changes regarding rate filings and disapproval of rate filings. Provides that, if an insurer has no legally effective rates as a result of the Director's disapproval of rates or other act, the Director shall, on request of the insurer, specify interim rates for the insurer that are high enough to protect the interests of all parties and may order that a specified portion of the premiums be placed in an escrow account approved by the Director, and, when new rates become legally effective, the Director shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis shall not be required. Provides for a review of workers' compensation premium rates by the Director of Insurance and for a refund of excessive premium. Repeals provisions regarding presumptions that a competitive market exists, determining whether a competitive market exists, and disapproval of rates under specified circumstances. Amends the Workers' Compensation Act. Provides that accidental injuries sustained while traveling to or from work do not arise out of and in the course of employment. Defines "in the course of employment" and "arising out of the employment". Provides that, in determining whether an employee was required to travel away from his or her employer's premises in order to perform his or her job, certain factors may be considered, including whether the employer had knowledge that the employee may be required to travel to perform the job; whether the employer furnished any mode of transportation to or from the employee; and whether the employee received, or the employer paid or agreed to pay, any remuneration or reimbursement for costs or expenses of any form of travel. Permits an employer to file with the Illinois Workers' Compensation Commission a workers' compensation safety program or a workers' compensation return to work program implemented by the employer. Provides that the Commission may certify any such safety program as a bona fide safety program after reviewing the program for certain minimum requirements and that upon receipt of a certification notice from the Commission, the Director of Insurance shall immediately direct in writing the employer's workers' compensation insurer to recalculate the workers' compensation premium rates so that those rates incorporate and take into account the certified program. In a provision concerning compensation for the period of temporary total incapacity for work resulting from an accidental injury, provides that (i) injuries to the shoulder shall be considered injuries to part of the arm and (ii) injuries to the hip shall be considered injuries to part of the leg. Contains provisions concerning repetitive and cumulative injuries; permanent partial disability determinations; electronic claims; additional compensation awards in cases where there has been an unreasonable or vexatious delay of authorization of medical treatment; new penalties for violations involving fraudulent statements with regard to entitlement to workers' compensation benefits, counterfeit certificates of insurance, and other fraudulent acts; investigations of insurance non-compliance and fraud; annual reports by the Commission concerning the state of self-insurance for workers' compensation in Illinois; additional duties for the Workers' Compensation Premium Rates Task Force; and other matters. Effective immediately.

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