Governor Approves Opioid Bill to Combat Crisis
Last month, Gov. Bruce Rauner signed into law
SB 772/PA 100-564
, legislation that will require prescribers with an Illinois Controlled Substance License to register with and use the Illinois Prescription Monitoring Program (PMP), a database that records patient prescription history.
The PMP allows physicians to check previous patient prescriptions and requests for controlled substances. Increasing the required checkpoints in advance of prescribing controlled substances will cut down on "doctor-shopping," the practice of patients obtaining opioid prescriptions from multiple physicians. The new monitoring program requirements will be integral to combatting the crisis within Illinois.
The Illinois Department of Human Services (DHS) maintains the PMP database. Physicians not in compliance may be subject to disciplinary action by the Illinois Department of Financial and Professional Regulation (IDFPR).
The Employment Law Council's Workers' Compensation Committee is working on other measures to help combat the opioid crisis and will have legislative proposals introduced later this month or early next month.
Governor Seeks Consolidation of Administrative Hearing Functions
Governor Rauner has filed
Executive Order 1704
which reestablishes the Department of Central Management Services Bureau of Administrative Hearings as created by Executive Order 16-06. The Bureau is to enter into interagency contracts to provide consolidated administrative hearing functions with up to 25 State agencies. The Executive Order contains provisions regarding: additional interagency contracts; functions of the Bureau; uniform rules of procedure; a standard code of professional conduct; uniform filing and case management systems; investigation; monitoring; responsibilities of State agencies; meetings; reports; recommendations; savings; prior executive orders; severability; and other matters.
Primary Elections Will Cause Slow Start to 2018 Session
With the gubernatorial primary and an unusually large number of legislative primaries, (many in open seats), the initial few months of the legislative session should be fairly quiet. Once the March 20th primary elections are over however, we expect a flurry of activity on the budget, the legalization of marijuana, opioids, and the progressive income tax.
The legislative calendar and debates will center on issues to advance the interests of the democrat nominee for Governor and attempt to embarrass the GOP nominee. We will likely see the issues that the Illinois Chamber and Council fought and were vetoed last year by Governor Rauner resurrected and resent to him for his consideration. They include:
- Workers' compensation;
- Increasing the minimum wage to $15 per hour;
- Limits on employers seeking wage, salary, benefit history; and
- Expanding penalties for wage/hour violations, including debarment from contracting with the State.
Many of these issues are used in campaign mailers for those lawmakers who voted for them explaining how much they support the middle class and union households. Lawmakers who vote against these measures are cast as only supporting big business and the wealthy.
We anticipate other problematic issues that will be pursued during the 2018 Session such as:
- paid leave mandate;
- creation of new wage hour prosecution unit at the Office of the Attorney General;
- severe limits on call centers;
- mandating employers provide employee federal transportation benefits; and,
- regulation of noncompete agreements...to name a few!
ELC 2018 Legislative Initiatives
Our Employment Law & Litigation Committee is working with Sen. Heather Steans (D-Chicago), House Majority Leader Barbara Flynn Currie (D-Chicago), the Illinois Department of Human Rights, the Illinois Human Rights Commission and other stakeholders to enact legislation to eliminate and prevent the unacceptable time frames for employment discrimination charges being investigated and adjudicated.
The Biometric Information Privacy Act is being used by plaintiffs to extend liability for employers when the employer uses certain attendance, time-keeping data for internal purposes. Sen. Chris Nybo (R-Elmhurst) and Sen. Bill Cunningham (D-Chicago) are working with us to clarify the focus of the Act on its original intent and specifically exclude time-keeping from the Act.
Sen. Mike Connelly (R-Lisle) is leading our efforts to counter the efforts to severely penalize and enhance legal remedies against employers for violation of the Equal Pay Act. Sen. Connelly is pressing for consideration of the Massachusetts model for compliance. Massachusetts uses incentives for employer compliance instead of other Illinois proposals that use the club of litigation and fines.
The legalization of cannabis will see a great deal of attention this Session. The Council is providing lawmakers provisions that will protect employer policies regarding workplace drug and alcohol.
Chamber CEO To Address City Club of Chicago - February 13
Todd Maisch, President and CEO of the Illinois Chamber, will be speaking at the City Club of Chicago on February 13, 2018 at 11:30 a.m. at Maggiano's Banquets in Chicago. As the leader of Illinois' premier business organization, Todd will provide insight on what we can do to ensure Illinois succeeds, the policy issues that need resolve, and exactly what makes Illinois the envy of the Midwest.
We recognize 2018 as an opportunity to elevate our state's potential and believe that Illinois' economic promise still shines bright. That is why the Illinois Chamber is rigorously engaged in fighting for economic opportunity and policies that benefit all of Illinois' employers. Register today to get your ticket (or tickets!). We hope to see you there and encourage you to spread the word to fellow business advocates!
