A brand new year is upon us which means a host of new laws go into effect which may impact you or your family’s rights, duties, and business interests. We would like to take this opportunity to highlight some of these legal changes for your knowledge and enjoyment.
The federal No Surprises Act became effective New Year’s day and is designed to provide protections for patients from surprise medical bills. The new law requires insurance companies to cover certain out-of-network expenses that patients may incur as a result of emergency medical care as well as scheduled treatments from out-of-network doctors and hospitals. The law will impact approximately 10 million medical bills per year. However, the No Surprise Act will not cover the costs associated with ambulances so as long as you can get yourself to the hospital, but you will be less likely to be sprung with surprise expenses for out-of-network medical services.
Illinois has imposed a new law requiring pharmacies to post notices to inform customers that they may request the retail price of any brand name or generic prescription drugs so customers may know the price of such drugs before obtaining the prescription.
More than 25 states are increasing the state level minimum wage laws. The Illinois minimum wage law will increase from $10 per hour to $12 per hour or 60% of minimum wage for business that also pay employees with gratuities and tips.
Employers may want to know that they cannot disclose an employee’s disciplinary report or letter or reprimand to third parties such as a former employee’s prospective new employer. An employer who discloses such information may subject themselves to liability for up to three years after the improper or unauthorized disclosure is made.
The board of directors of an Illinois corporation will now be allowed to hold shareholder meetings solely by means of remote communication. Previously, remote meetings could be permitted under the corporation’s Articles of Incorporation or Bylaws, but such remote communication meetings are now expressly authorized by statute.
The Illinois Limited Liability Company Act was also amended to expressly reference the common law fiduciary duties members and managers of an LLC owe to the company and its members. The amendments also include restrictions on the ability of LLC operating agreements to restrict or eliminate such common law fiduciary duties unless the restriction or elimination is clear and unambiguous and the operating agreement may set forth specific types of activities that do not violate such fiduciary duties and standards by which performance of fiduciary duties may be measured. These amendments only apply to new LLC operating agreements entered into after January 1, 2022 or existing operating agreements that modify or amend the fiduciary duties of members or managers.
In consumer protection news, Illinois will now bar utilities and providers of telephone, cellular phone, internet, cable, and emergency medical alert services from charging customers early termination fees in the event the services are terminated before the end of the term of the customer’s contract on account of the customer’s death. Perhaps a small, but common-sense protection for family members who have lost a loved one and are dealing with getting their affairs in order.
For readers concerned about estate planning, the Illinois Residential Real Property Transfer on Death Instrument Act will now apply to all real property, not just residential real estate. This change should make it easier to make transfers of real estate outside of a will or trust so you may want to consult your estate planning attorney for further advise on the applicability of this change to your estate plan.
Illinois expanded the definition of discrimination on the basis of disability to include protections for an individual’s association with a person with a disability under the Illinois Human Rights Act. The change is designed to protect friends, family, and caregivers of persons with a disability from being discriminated or retaliated against based on account of the disability of such friend, family member, or client.
In fun news and a win for entrepreneurial children, Illinois imposes a new law which prevents municipalities and health departments from banning or regulating children under 16 from operating lemonade or non-alcoholic refreshment stands. The fact that the Illinois legislature deemed it necessary to curb the discretion of local public health authorities with respect to children under the age of 16 selling non-alcoholic beverages remains a concern, but at least the children of Illinois are free to set up their lemonade stands without fear of reprisal.