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Legislation

  • July 13, 2009 | Practice News
    Medicare Set-Asides
    The rumor mill is spinning that effective July 1, 2009, Medicare Set-Aside (MSA) trusts are required for liability litigation as is already required in worker’s compensation. (Reimbursement by a plaintiff for previously paid benefits to Medicare is unchanged by the new law.) Although federal research is not my strong suit, I can’t find any support for this proposition. My best guess is that this rumor started because of the new § 111 reporting requirements included in the Medicare, Medicaid & SCHIP Act of 2007. (Public Law 111-173). Section 111 provisions are reporting requirements and do not mention any need for MSAs in liability cases. This new law simply requires those paying  for judgments to report to Medicare payments of settlements, awards, judgments, or other payments. An argument is being posited that the previous law still in effect already requires MSAs in personal-injury cases for future medical expenses. (Medicare Secondary Payer Act). I cannot find any clear authority supporting that proposition.
  • July 8, 2009 | Practice News
    Federal money for prosecutors and defenders
    In part because of the steadfast efforts of Sen. Richard J. Durbin, $10 million was included in the Senate CJS Appropriations bill for the John R. Justice Prosecutor and Defender Incentive Act. This loan forgiveness program requires balance in awards between prosecutors and public defenders and equitable distribution across the states. This is less than the full $25 million authorized, but it's unusual for a new program to get full funding. It now goes to a joint House-Senate conference committee for final markup.
  • July 6, 2009 | Practice News
    New Rules of Professional Conduct and lobbying
    Last week the Supreme Court of Illinois issued new Illinois Rules of Professional Conduct to take effect Jan. 1, 2010. New Rule 3.9 has created quite a buzz among the lawyer-lobbyists as to what it means. It may have broader applicability than those of us who lobby in Springfield to include appearances before other governmental bodies. The Rule states that “A lawyer representing a client before a legislative body or administrative agency in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 3.3(a) through (c), 3.4(a) through (c), and 3.5.” The incorporation of Rule 3.5 creates the buzz. Rule 3.5 prohibits ex parte communication with an official during the proceeding. Can this be construed to prohibit all lobbying by a lawyer-lobbyist unless it is part of a scheduled public hearing? In other words, is all I can do to lobby is testify in committee? No position papers to elected members of the General Assembly? No one-on-one individual lobbying? I can’t imagine that was the intent. Rule 3.5’s title is “Impartiality and Decorum of the Tribunal.” Key word is “tribunal.” It is defined in Rule 1.0(m) as follows: “Tribunal” denotes a court, an arbitrator in a binding arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity.
  • June 22, 2009
    ISBA's letter to Gov. Quinn on budget cuts for legal aid
    ISBA leaders have sent a letter to Gov. Quinn and four legislative leaders in a bid to prevent cuts of up to 50% for legal aid in the current State budget. Read the letter from ISBA President Jack Carey and ISBA President-elect John G. O'Brien.