Labor & Employment

Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that any person for whom a municipality contributed to both the Fund and a Taft-Hartley pension plan at a rate equal to or less than $5 per hour worked since July 16, 2014 shall be deemed an employee under the Article from July 16, 2014 through the effective date of the amendatory Act. Provides that, after the effective date of the amendatory Act, a person shall be deemed an employee under the Article if the participating municipality pays an hourly contribution rate to a Taft-Hartley pension plan that is equal to or less than $5 per hour worked. Makes a conforming change. Amends the State Mandates Act to require implementation without reimbursement.

Amends the Interscholastic Athletic Organization Act. Provides that an association or other entity that has as one of its purposes promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics or any form of athletic competition among schools and students within this State shall require all school coaches to obtain and maintain certification in cardiopulmonary resuscitation (CPR), first aid, and the use of an automatic external defibrillator (AED). Requires certification in CPR and AED use to be consistent with national, evidence-based, emergency cardiovascular care guidelines. Amends the School Safety Drill Act. Provides that a cardiac emergency response plan shall include (i) establishing a cardiac emergency response team that is certified in cardiopulmonary resuscitation and the use of an automated external defibrillator and (ii) the use of annual cardiac response drills to practice the steps established in the cardiac emergency response plan, in partnership with local emergency medical services. Makes other changes concerning the plan.

Amends the First Responders Suicide Prevention Act. Provides that confidentiality protections under the Act apply regardless of whether the peer support person is employed by, or affiliated with, the same agency as the first responder receiving support. Provides that, except in specified circumstances, all communications, records, notes, reports, or information disclosed during, or in connection with, a critical incident stress management session is confidential and may not be disclosed by any CISM practitioner. Provides that a CISM practitioner may not be compelled to testify or disclose any communication, record, note, report, or information disclosed during, or in connection with, a critical incident stress management session in any administrative, civil, or criminal proceeding. Provides that the confidentiality protections under the provisions apply whether or not the CISM practitioner is affiliated with the same agency as the individual receiving services. Provides that any communication described in the provisions is subject to subpoena for good cause shown. Provides that the confidentiality protections under the provisions do not apply to (1) any threat of suicide or homicide made by a participant in a peer support counseling session or any information conveyed in a peer support counseling session related to a threat of suicide or homicide; (2) any information mandated by law or agency policy to be reported, including, but not limited to, domestic violence, child abuse or neglect, or elder abuse or neglect; (3) any admission of criminal conduct; or (4) an admission or act of refusal to perform duties to protect others or the employee of the emergency services provider or law enforcement agency. Defines "CISM practitioner" and "CISM services".

Amends the Genetic Information Privacy Act. Provides that the use of genetic testing, biomarker testing, or both (rather than only genetic testing), and the information derived from testing is confidential and privileged and may be released only to the individual tested and persons specifically authorized in writing by the individual tested to receive the information. Provides that an insurer may not seek information derived from genetic or biomarker testing (rather than only genetic testing) for use in connection with a policy of accident or health insurance (unless the individual voluntarily submits the results and the results are favorable to the individual), for nontherapeutic purposes, or for underwriting purposes. In provisions concerning the use of testing information by employers, provides that an employer may release genetic testing or biomarker testing information (rather than only genetic testing information) under specified circumstances. Limits an employer's use of genetic information, genetic testing, biomarkers, and biomarker testing (rather than only genetic information and genetic testing). In provisions concerning testing, provides that no person may disclose or be compelled to disclose the identity of any person upon whom a genetic test or biomarker test (rather than only genetic test) is performed or the results of a genetic test or biomarker test (rather than only genetic test) in a manner that permits identification of the subject of the test, except to the persons specified in the Act. Limits the concurrent exercise of home rule powers. Defines "biomarker" and "biomarker testing". Makes other and conforming changes.

Amends the Volunteer Emergency Worker Job Protection Act. Provides that employment protections for volunteer emergency workers apply to volunteer emergency workers participating in required training, including a prohibition on termination and penalizing (rather than only termination). Provides that the employer may not require the employee to take vacation time or other compensatory time in order to respond to an emergency or participate in training. Provides that the Act does not apply to any employer that is a municipality with a population of 15,000 or more (currently 7,500 or more). Makes conforming changes.

Amends the Chicago Police, Chicago Firefighter, and Chicago Municipal Articles of the Illinois Pension Code. Provides that a person who becomes a member on or after January 1, 2026 shall be automatically enrolled into a federal tax qualified pre-tax retirement plan that is otherwise allowed by State and federal law. Provides that a member subject to automatic enrollment shall have the option to opt out of the plan and shall be informed of that option within 30 days after being hired. Provides that if another option is not chosen by the member, the default employee contribution to the account shall be 3% of the member's salary. Provides that the plan administrator may automatically increase members contributions by no more than 1% per year, and a member may choose to opt out of the automatic increases. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Creates the Transparency in Downcoding Act. Provides that the Act applies to certain policies of health insurance amended, delivered, issued, or renewed on or after the effective date of the Act, except for employee or employer self-insured health benefit plans under the federal Employee Retirement Income Security Act of 1974 and health care provided pursuant to the Workers' Compensation Act or the Workers' Occupational Diseases Act. Prohibits a health insurance issuer from using an automated process, system, or tool to downcode a claim; from downcoding a claim based solely on the reported diagnosis codes; and from using downcoding practices in a targeted or discriminatory manner against physicians who routinely treat patients with complex or chronic conditions. Requires downcoding decisions to be made by a physician licensed to practice medicine in all its branches in any United States jurisdiction and of the same or similar specialty as a physician who typically manages the medical condition or disease. Sets forth provisions concerning notification requirements for downcoded claims; the appeal process for downcoded claims; enforcement by the Department of Insurance; and penalties. Provides that any pattern or practice of discriminatory downcoding identified by the Director of Insurance or another regulatory authority shall be subject to enforcement actions, including fines, restitution, or suspension of the health insurance issuer's license in this State. Effective immediately.

Amends the Health Care Violence Prevention Act. Makes changes to defined terms. In provisions concerning workplace safety, provides that a health care worker may not be discouraged from contacting law enforcement or the Department of Public Health regarding workplace violence and a health care provider may not hold a policy that limits such contact. Adds additional requirements to the workplace violence prevention program, including reporting requirements and identifying the need for additional security and alarms, adequate exit routes, monitoring systems, barrier protections, lighting, entry procedures, and systems to identify and flag persons who have previously committed violent acts in the health care provider space. Sets forth provisions concerning violent incident investigations and recordkeeping and reporting requirements for health care providers regarding violent incidents. Establishes penalties for failure to comply with the Act. Amends the Freedom of Information Act. Exempts from public disclosure workplace violence records maintained by health care providers as required under a specified provision of the Health Care Violence Prevention Act.

Amends the Workplace Transparency Act. Provides that no contract, agreement, clause, covenant, waiver, or other document shall prohibit, prevent, or otherwise restrict an employee, prospective employee, or former employee from engaging in concerted activities to address work-related issues. Provides that any agreement, clause, covenant, or waiver that is a mutual condition of employment or continued employment may include provisions that would otherwise be against public policy if it acknowledges the right of the employee or prospective employee to engage in concerted activities to address work-related issues. Provides that an employee, prospective employee, or former employee and an employer may enter into a valid and enforceable settlement or termination agreement that includes promises of confidentiality related to alleged unlawful employment practices if the confidentiality provision expires no later than 5 years after the alleged unlawful employment practices occurred. Provides for the recovery of consequential damages incurred in challenging a contract for violation of the Act. Makes other changes.

Amends the School Safety Drill Act. Requires a school district to provide training on school evacuation drills and law enforcement lockdown drills to all school personnel serving in a substitute capacity.