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Regulatory Alert

CURRENT PROPOSED STATE OF ILLINOIS RULES AFFECTING SMALL BUSINESS

If any of the following proposed regulations impact your business, let us know!   Click here to submit comments on how the proposed rulemakings will impact your business or industry.   

Following are  proposed rules of possible interest to small businesses published in the Illinois Register.  During the comment period, individuals have an opportunity to express their support or opposition to the rule.  To submit comments or to learn more about the proposed rules, contact Katy Khayyat at the Department of Commerce and Economic Opportunity Business Information Center via e-mail at Katy.Khayyat@Illinois.gov  or call 800.252.2923 or 217.558.0190. 

To get more information on Illinois Rules and Regulations, how to file a complaint about a burdensome or excessive state rule, go to www.ilsmallbiz.biz/regflex
 

The following proposed regulation will impact acupuncturists and acupuncture education programs:

The Department of Financial and Professional Regulation proposed amendments to Acupuncture Practice Act (68 IAC 1140; 42 Ill. Reg. 8683) reflecting the sunset reauthorization and update of the Act (PA 100-375).  The rulemaking adds herbal therapy to the scope of practice; revises licensure requirements for applications submitted on or after 1/1/20; prescribes curriculum requirements for 4-year acupuncture study programs, including instruction on Oriental herbal medicine; and eliminates fees for issuance of a duplicate license or wall certificate.

Bottom Line:  The sunset reauthorization of the Act (PA 100-375) made significant changes to the Act including adding herbal therapy to the scope of practice of Acupuncture, substantially adding to the definition of Acupuncture, updating the requirements for licensure in the State of Illinois for Acupuncture and general overall modernization of the Act.  These proposed rules implement these statutory changes.

For questions or comments, contact For questions or comments, contact Craig Cellini by calling (217) 785-0813 or email Craig.Cellini@illinois.gov. You may also click here to submit comments to the Department of Commerce Office of Regulatory Flexibility.


The following proposed amendments will impact businesses with discrimination cases being heard by the Department of Human Rights:


The Department Human Rights proposed amendments to the Part titled Procedures of the Illinois Department of Human Rights (56 IAC 2520; 42 Ill. Reg. 8725) implementing Public Act 100-492.  For cases filed prior to 9/8/17, the respondent (person or entity accused of discrimination) must file a response to the allegations; for cases filed on or after that date, DHR may or may not require a response based on various circumstances listed in the rule.  A respondent may choose to file a response even if DHR does not require it.  The rulemaking also allows telefax or electronic delivery for all required documents (currently, certain documents cannot be faxed).  

Bottom Line:  The proposed amendments modify the Illinois Department of Human Rights’ regulations regarding verified responses and responses to Department charges pursuant to PA 100-492, and repeal request for review provisions of the Department’s rules, which are no longer current.
 
For questions or comments, you may contact Mary Madden, Chief Legal Counsel and Ethics Officer, Illinois Department of Human Rights, by calling (312) 814-3386. You may also click here to submit comments to the Department of Commerce Office of Regulatory Flexibility.
 

 

The following proposed regulation will impact long term care providers and employees:


The Department of Healthcare and Family Services proposed amendments to Medical Payment (89 IAC 140; 42 Ill. Reg. 9052) implementing Public Act 100-449.  The rulemaking requires long term care facilities to inform HFS of the death or discharge of Medicaid residents within 15 calendar days.  For new admissions on or after 1/1/18, changes in patient credit or third-party liability, or requests for enhanced care rates, information must be submitted within 45 days.  Data must be submitted via either of HFS’s two electronic portals (Medical Electronic Data Interchange (MEDI) or the Electronic Data Interchange Service Vendor (EDI), formerly the recipient Eligibility Verification (REV) System); supporting documentation that cannot be submitted through either system must be submitted to Department of Human Services caseworkers.  For new admissions, the 45-day prior for submitting admissions data begins on the date the LTC provider receives the resident’s pre-admission screening results or on the admission date entered by the provider, whichever is later.  The provider must retain the confirmation number of the admission transaction to verify that it was timely submitted.  LTC providers also must train employees to comply with these deadlines and maintain records of this training. 

Bottom Line:  The proposed amendment implements Public Act 100-449 and sets deadlines by which long term care providers must report changes in resident status to the Department. 

For questions or comments For questions or comments For questions or comments contact contact Christopher Gange, Acting General Counsel, at (217) 782-1233 or email HFS.Rules@illinois.gov
You may also click here to submit comments to the Department of Commerce Office of Regulatory Flexibility.
 

The following proposed regulation will impact food service establishments, their employees and local health departments:


The Department of Public Health proposed repeal of the Part titled Food Service Sanitation Code (77 IAC 750; 42 Ill. Reg. 9077) and proposed a new Part with the same titled (77 IAC 750; 42 Ill. Reg. 9136).  The new Part implements PA 100-194 regarding certification of food service sanitation managers; updates the state’s food establishment inspection report to align more closely with the federal Food and Drug Administration’s model report; and removes numerous provisions in the current part that have either been repealed or replaced by other state or federal rules.

Bottom Line: This rulemaking implements PA 100-0194 regarding the certification of food service sanitation managers and makes modifications to the Illinois food establishment inspection report, including elimination of the current grading system to make the Illinois report more consistent with the FDA model code and report form. The economic impact is unknown; therefore the Department requests any information that would assist in calculating the effect.

For questions or comments on this rule, please contact Erin Conley, Rules Coordinator Illinois Department of Public Health, at (217) 782-2043 or email dph.rules@Illinois.gov. . You may also click here to submit comments to the Department of Commerce Office of Regulatory Flexibility.

The Department of Revenue proposed an amendment which will impact businesses such as trucking or other transportation companies:

 

The Illinois Department of Revenue proposed an amendment to Income Tax (86 IAC 100; 42 Ill. Reg. 9160) providing a definition of “transportation company” for purposes of calculating the amount of income subject to Illinois income tax liability for taxpayers who provide transportation services.

Bottom Line:  The rulemaking adds a new section 100.9715 to 86 Ill. Adm. Code to provide a definition of “transportation company” for purposes of the apportionment formula for taxpayers providing transportation services in IITA Section 304(d).

For questions or comments, contact Brian Stocker, Staff Attorney, Illinois Department of Revenue, at (217) 782-2844 or email Brian.Stocker@Illinois.gov. . You may also click here to submit comments to the Department of Commerce Office of Regulatory Flexibility.

The following proposed regulation will impact businesses that have been operating for at least 2 years, have more than 25 employees and do not offer their own qualified retirement plans:


The Office of the Treasurer proposed a new Part titled Secure Choice Savings Program (74 IAC 721; 42 Ill. Reg. 10351) implementing the Secure Choice Savings Program Act [820 ILCS 80] that establishes a statewide payroll deduction Individual Retirement Account (IRA) program open to private sector employees.  Participation in the program is mandatory for businesses that have been operating for at least 2 years, have more than 25 employees and do not offer their own qualified retirement plans; employees of these businesses will be automatically enrolled in the program unless they opt out.  Other employers may voluntarily offer the state program to their employees, wither by itself or in addition to an existing retirement plan. Persons working for employers that do not offer the state program may enroll in the program individually, but may be required to contribute through methods other than payroll deduction. The new part establishes the responsibilities of the Secure Choice Savings Board, the Treasurer and the account administrator with regard to administration of the program; sets out investment policy and guidelines; establishes the registration and enrollment process, program fees and reporting requirements; and includes procedures through which employees may opt out of enrollment and employers who begin offering their own qualified retirement plans (thereby becoming exempt from mandatory participation in the state program) may terminate their participation in the program.
 
Bottom Line:  The Secure Choice Savings Program Act (820 ILCS 80) establishes a retirement savings program to be administered by the Secure Choice Savings Board for the purpose of providing retirement savings options to 1.2 million private sector employees in Illinois.  The Act provides for implementation of the Program to begin in 2018.  The rules adopted in this part will provide clarification for the implementation and administration of the program by the Treasurer’s Office and the Secure Choice Savings Board.
Businesses and not for profits that participate in the Secure Choice program will be required to facilitate the payroll deduction in the program for each of their employees, but will not have any managerial responsibilities and cannot contribute to the retirement program or individual employee accounts.

For more information, contact Chris Flynn, Assistant General Counsel, Illinois State Treasurer, at CFlynn@illinoistreasurer.gov, or call (217) 558-0115. , or call (217) 558-0115. You may also click here to submit comments to the Department of Commerce Office of Regulatory Flexibility.

The following proposed regulations will impact businesses eligible for high impact designation or located in enterprise zones:


The Department of Commerce and Economic Opportunity proposed amendments to Enterprise Zone and High Impact Business Programs (14 IAC 520; 42 Ill. Reg. 10709) disqualifying businesses from designation as high impact businesses and from the tax exemptions attached to enterprise zones if they are not in good standing with the Secretary of State or other applicable state authorities; operating under a cease and desist order or another formal or informal regulatory action; or are under investigation by any state or federal law enforcement, regulatory or legal authority.  Businesses disqualified for these reasons must, within 90 days after their status is revoked, refund to the Illinois Department of Revenue any taxes from which they were exempted because of the designation. If the business fails to repay these taxes it will be disqualified from all state-funded DCEO programs for 10 years.  Businesses that fail to meet minimum investment and job creation/retention requirements identified in their certification will also lose their high impact designations and enterprise zone tax exemptions. However, they will not be subject to tax and disqualification penalties if they have not yet received any tax incentives related to that designation.

Bottom Line:  The purposes of these rules are two-fold.  First the changes are decided to ensure that companies receiving tax exemptions under the Enterprise Zone or High Impact Business programs are in good standing with the Secretary of State and otherwise generally good corporate citizens.  Secondly, these amendments are meant to further clarify the revocation procedures applicable to these programs and differentiate between businesses facing business setbacks and those who threatened revocation arise as a result of “bad acts” or other improper actions by the company.

For questions or comments, contact Jolene Clarke, Rules Administrator, at (217) 557-1820 or email Jolene.Clarke@Illinois.gov. You may also click here to submit comments to the Department of Commerce Office of Regulatory Flexibility.