Bill Text: IL HB2862 | 2023-2024 | 103rd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Day and Temporary Labor Services Act. Provides that no day and temporary labor service agency may send a day or temporary laborer to a place where a strike, a lockout, or other labor trouble exists without providing, at or before the time of dispatch, a statement, in writing and in a language that the day and temporary laborer understands, informing the day or temporary laborer of the labor dispute and the day or temporary laborer's right to refuse the assignment without prejudice to receiving another assignment. Provides that a day or temporary laborer who is assigned to work at a third party client for more than 60 calendar days shall be paid not less than the rate of pay and equivalent benefits as the lowest paid directly hired employee of the third party client with the same level of seniority at the company and performing the same or substantially similar work on jobs the performance of which requires substantially similar skill, effort, and responsibility, and that are performed under similar working conditions. Provides that upon a reasonable belief that a day and temporary labor service agency or a third party client is in violation of any part of the Act, an interested party may initiate a civil action in the county where the alleged offenses occurred or where any party to the action resides. Provides that before the assignment of an employee to a worksite employer, a day and temporary labor service agency must: (i) inquire about the client company's safety and health practices and hazards at the actual workplace where the day or temporary laborer will be working; (ii) provide training to the day or temporary laborer for general awareness safety training for recognized industry hazards the day or temporary laborer may encounter at the client company's worksite; (iii) transmit a general description of the training program; (iv) provide the Department of Labor's hotline number for the employee to call to report safety hazards and concerns as part of the employment materials provided to the day or temporary laborer; and (v) inform the day or temporary laborer who the day or temporary laborer should report safety concerns to at the workplace. Makes changes to the monetary amounts of registration fees and penalties. Defines "interested party". Makes other changes. Effective July 1, 2023.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0437 [HB2862 Detail]
Download: Illinois-2023-HB2862-Introduced.html
Bill Title: Amends the Day and Temporary Labor Services Act. Provides that no day and temporary labor service agency may send a day or temporary laborer to a place where a strike, a lockout, or other labor trouble exists without providing, at or before the time of dispatch, a statement, in writing and in a language that the day and temporary laborer understands, informing the day or temporary laborer of the labor dispute and the day or temporary laborer's right to refuse the assignment without prejudice to receiving another assignment. Provides that a day or temporary laborer who is assigned to work at a third party client for more than 60 calendar days shall be paid not less than the rate of pay and equivalent benefits as the lowest paid directly hired employee of the third party client with the same level of seniority at the company and performing the same or substantially similar work on jobs the performance of which requires substantially similar skill, effort, and responsibility, and that are performed under similar working conditions. Provides that upon a reasonable belief that a day and temporary labor service agency or a third party client is in violation of any part of the Act, an interested party may initiate a civil action in the county where the alleged offenses occurred or where any party to the action resides. Provides that before the assignment of an employee to a worksite employer, a day and temporary labor service agency must: (i) inquire about the client company's safety and health practices and hazards at the actual workplace where the day or temporary laborer will be working; (ii) provide training to the day or temporary laborer for general awareness safety training for recognized industry hazards the day or temporary laborer may encounter at the client company's worksite; (iii) transmit a general description of the training program; (iv) provide the Department of Labor's hotline number for the employee to call to report safety hazards and concerns as part of the employment materials provided to the day or temporary laborer; and (v) inform the day or temporary laborer who the day or temporary laborer should report safety concerns to at the workplace. Makes changes to the monetary amounts of registration fees and penalties. Defines "interested party". Makes other changes. Effective July 1, 2023.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0437 [HB2862 Detail]
Download: Illinois-2023-HB2862-Introduced.html
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | AN ACT concerning regulation.
| |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||
4 | Section 5. The Acupuncture Practice Act is amended by | |||||||||||||||||||||
5 | adding Section 14 as follows:
| |||||||||||||||||||||
6 | (225 ILCS 2/14 new) | |||||||||||||||||||||
7 | Sec. 14. Telemedicine. | |||||||||||||||||||||
8 | (a) The General Assembly finds and declares that because | |||||||||||||||||||||
9 | technological advances and changing practice patterns | |||||||||||||||||||||
10 | regarding the utilization of health care services are | |||||||||||||||||||||
11 | occurring with increasing frequency across state lines and | |||||||||||||||||||||
12 | across increasing geographical distances within the State, | |||||||||||||||||||||
13 | certain technological advances in the health care industry are | |||||||||||||||||||||
14 | in the public interest. The General Assembly further finds and | |||||||||||||||||||||
15 | declares that providing professional health care services is a | |||||||||||||||||||||
16 | privilege and is necessary for the protection of the public | |||||||||||||||||||||
17 | health, welfare, and safety, especially in times of a pandemic | |||||||||||||||||||||
18 | that can limit access to traditional means of accessing health | |||||||||||||||||||||
19 | care services. | |||||||||||||||||||||
20 | (b) A person who engages in the practice of telemedicine | |||||||||||||||||||||
21 | without a license issued under this Act shall be subject to | |||||||||||||||||||||
22 | penalties provided in Section 105. | |||||||||||||||||||||
23 | (c) For purposes of this Act, "telemedicine" means the |
| |||||||
| |||||||
1 | performance of acupuncture, as defined in Section 10, provided | ||||||
2 | via technology or telecommunication methods, also known as | ||||||
3 | telehealth. The standard of care shall be the same whether a | ||||||
4 | patient is seen in person, through telehealth, or another | ||||||
5 | method of electronically enabled health care. Further, the | ||||||
6 | Department shall, by rule, determine the appropriate | ||||||
7 | acupuncture services allowed via telemedicine in consultation | ||||||
8 | with the Board. | ||||||
9 | (d) Whenever the Department has reason to believe that a | ||||||
10 | person has violated this Section, the Department may issue a | ||||||
11 | rule to show cause why an order to cease and desist should not | ||||||
12 | be entered against that person. The rule shall clearly set | ||||||
13 | forth the grounds relied upon by the Department. Failure to | ||||||
14 | answer to the satisfaction of the Department shall cause an | ||||||
15 | order to cease and desist to be issued immediately. | ||||||
16 | (e) An out-of-state person providing a service allowed | ||||||
17 | under this Section to a patient residing in the State through | ||||||
18 | the practice of telemedicine submits himself or herself to the | ||||||
19 | jurisdiction of the Department and the courts of this State.
| ||||||
20 | Section 10. The Telehealth Act is amended by changing | ||||||
21 | Section 5 as follows:
| ||||||
22 | (225 ILCS 150/5)
| ||||||
23 | Sec. 5. Definitions. As used in this Act: | ||||||
24 | "Asynchronous store and forward system" means the |
| |||||||
| |||||||
1 | transmission of a patient's medical information through an | ||||||
2 | electronic communications system at an originating site to a | ||||||
3 | health care professional or facility at a distant site that | ||||||
4 | does not require real-time or synchronous interaction between | ||||||
5 | the health care professional and the patient. | ||||||
6 | "Distant site" means the location at which the health care | ||||||
7 | professional rendering the telehealth service is located. | ||||||
8 | "Established patient" means a patient with a relationship | ||||||
9 | with a health care professional in which there has been an | ||||||
10 | exchange of an individual's protected health information for | ||||||
11 | the purpose of providing patient care, treatment, or services. | ||||||
12 | "E-visit" means a patient-initiated non-face-to-face | ||||||
13 | communication through an online patient portal between an | ||||||
14 | established patient and a health care professional. | ||||||
15 | "Facility" includes a facility that is owned or operated | ||||||
16 | by a hospital under the Hospital Licensing Act or University | ||||||
17 | of Illinois Hospital Act, a facility under the Nursing Home | ||||||
18 | Care Act, a rural health clinic, a federally qualified health | ||||||
19 | center, a local health department, a community mental health | ||||||
20 | center, a behavioral health clinic as defined in 89 Ill. Adm. | ||||||
21 | Code 140.453, an encounter rate clinic, a skilled nursing | ||||||
22 | facility, a substance use treatment program licensed by the | ||||||
23 | Division of Substance Use Prevention and Recovery of the | ||||||
24 | Department of Human Services, a school-based health center as | ||||||
25 | defined in 77 Ill. Adm. Code 641.10, a physician's office, a | ||||||
26 | podiatrist's office, a supportive living program provider, a |
| |||||||
| |||||||
1 | hospice provider, home health agency, or home nursing agency | ||||||
2 | under the Home Health, Home Services, and Home Nursing Agency | ||||||
3 | Licensing Act, a facility under the ID/DD Community Care Act, | ||||||
4 | community-integrated living arrangements as defined in the | ||||||
5 | Community-Integrated Living Arrangements Licensure and | ||||||
6 | Certification Act, and a provider who receives reimbursement | ||||||
7 | for a patient's room and board. | ||||||
8 | "Health care professional" includes, but is not limited | ||||||
9 | to, physicians, physician assistants, optometrists, advanced | ||||||
10 | practice registered nurses, clinical psychologists licensed in | ||||||
11 | Illinois, prescribing psychologists licensed in Illinois, | ||||||
12 | dentists, occupational therapists, pharmacists, physical | ||||||
13 | therapists, acupuncturists, clinical social workers, | ||||||
14 | speech-language pathologists, audiologists, hearing | ||||||
15 | instrument dispensers, licensed certified substance use | ||||||
16 | disorder treatment providers and clinicians, and mental health | ||||||
17 | professionals and clinicians authorized by Illinois law to | ||||||
18 | provide mental health services, and qualified providers listed | ||||||
19 | under paragraph (8)
of subsection (e) of Section 3 of the Early | ||||||
20 | Intervention
Services System Act, dietitian nutritionists | ||||||
21 | licensed in Illinois, and health care professionals associated | ||||||
22 | with a facility.
| ||||||
23 | "Interactive telecommunications system" means an audio and | ||||||
24 | video system, an audio-only telephone system (landline or | ||||||
25 | cellular), or any other telecommunications system permitting | ||||||
26 | 2-way, synchronous interactive communication between a patient |
| |||||||
| |||||||
1 | at an originating site and a health care professional or | ||||||
2 | facility at a distant site. "Interactive telecommunications | ||||||
3 | system" does not include a facsimile machine, electronic mail | ||||||
4 | messaging, or text messaging. | ||||||
5 | "Originating site" means the location at which the patient | ||||||
6 | is located at the time telehealth services are provided to the | ||||||
7 | patient via telehealth. | ||||||
8 | "Remote patient monitoring" means the use of connected | ||||||
9 | digital technologies or mobile medical devices to collect | ||||||
10 | medical and other health data from a patient at one location | ||||||
11 | and electronically transmit that data to a health care | ||||||
12 | professional or facility at a different location for | ||||||
13 | collection and interpretation. | ||||||
14 | "Telehealth services" means the evaluation, diagnosis, or | ||||||
15 | interpretation of electronically transmitted patient-specific | ||||||
16 | data between a remote location and a licensed health care | ||||||
17 | professional that generates interaction or treatment | ||||||
18 | recommendations. "Telehealth services" includes telemedicine | ||||||
19 | and the delivery of health care services, including mental | ||||||
20 | health treatment and substance use disorder treatment and | ||||||
21 | services to a patient, regardless of patient location, | ||||||
22 | provided by way of an interactive telecommunications system, | ||||||
23 | asynchronous store and forward system, remote patient | ||||||
24 | monitoring technologies, e-visits, or virtual check-ins.
| ||||||
25 | "Virtual check-in" means a brief patient-initiated | ||||||
26 | communication using a technology-based service, excluding |
| |||||||
| |||||||
1 | facsimile, between an established patient and a health care | ||||||
2 | professional. "Virtual check-in" does not include | ||||||
3 | communications from a related office visit provided within the | ||||||
4 | previous 7 days, nor communications that lead to an office | ||||||
5 | visit or procedure within the next 24 hours or soonest | ||||||
6 | available appointment. | ||||||
7 | (Source: P.A. 101-81, eff. 7-12-19; 101-84, eff. 7-19-19; | ||||||
8 | 102-104, eff. 7-22-21.)
| ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
|