Employment Law Policy Review

Sept 07

JCAR Unplugs Gov’s Latest Healthcare Scheme

Citing that they did not believe the Department of Financial and Professional Regulation had met the statutory standard for an emergency rule, the members of the Joint Committee on Administrative Rules (JCAR) voted 11-0 to suspend the Division of Insurance’s emergency rule “Supplemental Reports for Accident and Health Insurers” (50 ILL. Adm. Code 937- Notice Published: 31 ILL. Register 10699 on July 27, 2007).

During the vote taken on September 18, several of the JCAR members expressed support of the Director’s efforts to collect the data he seeks, but they opposed the use of the emergency rule process to implement the rule.

This action prohibits the Division of Insurance from implementing the emergency rules provisions. Insurance Director McRaith indicated that the Administration will continue to pursue the rule’s provisions through the proposed rule process. That process does not allow the implementation of the rule until a public comment process is completed and JCAR reviews the rule.

Voting to suspend the rule were: Sen. Burzynski; Sen. Clayborne; Sen. Crotty; Rep. Hassert; Sen. Hultgren; Rep. Lang; Rep. Leitch; Rep. Miller; Rep. Mulligan; Sen. Rutherford; and Sen. Silverstein.

Read the full report here.

Workers’ Compensation Committee Works on Fee Schedule Changes  

The Council’s Workers’ Compensation Committee met on September 5 to review several proposals of the Workers’ Compensation Commission to expand the medical fee schedule to include outpatient services. Currently, the fee schedule does not include such services and employers are required to pay 76% of charge which is counter to the 2005 law changes that are intended to better contain medical costs for workers’ compensation.

In addition, the Committee is working on strategies to better inform and assist employers in reducing workers’ compensation fraud. The Division of Insurance has hired four additional investigators in the Fraud Unit, yet we continue to meet reluctance from states attorneys to prosecute workers’ compensation fraud.

Recent Study Questions Causes of Carpal Tunnel Injuries

 A recent article written by a doctor affiliated with Northwestern University indicates most cases of carpal tunnel syndrome do not have an identifiable cause. Women are more commonly afflicted than men and incidence increases with age. Other conditions associated with carpal tunnel syndrome may include wrist trauma, obesity and hypothyroidism. Additionally, rheumatoid arthritis and renal (kidney) failure may lead to an increase in pressure within the carpal tunnel while drug toxicity, diabetes, and alcoholism may have direct injurious effects on the median nerve. CTS also occurs in 20-45 percent of all pregnancies, however it typically disappears after childbirth.

The article can be found in this month’s issue of the Journal of the American Academy of Orthopedic Surgeons. We thank Gene Keefe of Keefe, Campbell & Associates for bringing it to our attention.