SB3829 96TH GENERAL ASSEMBLY

LRB096 20378 WGH 36019 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3829

Introduced 2/11/2010, by Sen. Terry Link

SYNOPSIS AS INTRODUCED:

820 ILCS 305/24.1 new

Amends the Workers' Compensation Act. Provides that an employer or group of employers and the representative of its employees may agree to establish binding obligations and procedures relating to workers' compensation. Provides that the agreement must be limited to, but need not include: an alternative dispute resolution system to supplement, modify, or replace the procedural or dispute resolution provisions of the Act; a list of providers of medical treatment that may be the exclusive source of all medical and related treatment; a list of providers which may be the exclusive source of impartial medical examinations; creation of a transitional or modified return to work program; a list of individuals and companies for the provision of vocational rehabilitation or retraining programs; the establishment of safety committees and safety procedures; and the adoption of a 24 hour health care coverage plan. Provides that a copy of the agreement shall be filed with the Illinois Workers' Compensation Commission. Provides that the new provisions do not allow any agreement that diminishes an employee's entitlement to benefits under the Act, an agreement does not diminish an employee's entitlement to benefits, and an agreement that diminishes the employee's entitlement to benefits is void. Provides that an employer insured under the Act shall provide notice to its insurance carrier of its intent to enter into an agreement with its employees and obtain consent from its insurance carrier to enter into an agreement. Effective immediately.

A BILL FOR

AN ACT concerning employment.

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

Section 5. The Workers' Compensation Act is amended by adding Section 24.1 as follows:

(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.

Section 99. Effective date. This Act takes effect upon becoming law.