May 15, 2020
Illinois State and Local Action on COVID-19
For a complete look at federal and state action related to the coronavirus, visit MWC’s Coronavirus (COVID-19) Facts and Resources website.
- For the latest updates, visit Illinois’s coronavirus website: coronavirus.illinois.gov.
- For details on the State’s reopening plan, Restore Illinois, see below.
- On April 30th, Governor Pritzker issued a Third Gubernatorial Disaster Proclamation effective immediately for 30 days.
- Second Gubernatorial Disaster Proclamation in effect from April 1st through April 30th
- First Gubernatorial Disaster Proclamation previously in effect from March 9th for 30 days.
- See EO section for more details on the expected modifications in the draft order.
- On April 30th, Gov. Pritzker issued an Executive Order (EO 2020-33) extending ALL previous COVID-19 EOs through May 29th. Some EOs amended with minor changes.
- Modified Stay-at-Home Executive Order (2020-32) in effect from Thursday April 30th for 30 days.
- See EO 2020-32 section for more details. Some modifications from previous SAH.
- Mandatory Stay-At-Home Executive Order (2020-10) in effect from Saturday March 21st at 5 P.M. through the end of April 30th.
- Residents are ordered to stay home, with exceptions.
- Non-essential businesses must cease operations, go remote.
- Essential services will remain open.
- See COVID-19 EO Number 8 section below for additional details, including business exceptions and permitted activities.
- Restaurants and bars can continue operating for off-premises consumption.
- Pre-K-12 classes are cancelled from March 17th through the remainder of the school year. Schools should engage in remote learning.
- In an effort to increase healthcare capacity, unlicensed nursing and medical students are permitted to provide COVID-19 medical services and/or work under the direction of the state’s emergency management personnel (IEMA) or public health officials (IDPH).
- See EO 2020-19 for details.
- Illinois has delayed its tax filing deadline to July 15th to align with federal changes.
- The State has created three new small business relief programs totaling $94M. See below for details.
- Federal government approved first federal Major Disaster Declaration for Illinois on 3/26, which will increase emergency federal funding to expand hospital and housing capacity and allow for expanded telehealth. A second declaration for all 102 counties has also been approved.
- Illinois COVID-19 Response Fund – Donor fund meant to support the state’s non-profits in their efforts to aid the most vulnerable.
- Chaired by former U.S. Commerce Secretary and governor’s sister Penny Pritzker
- $23M in initial funds
- Arts for Illinois Relief Fund – Fund meant to support individual artists and non-profits arts organizations through grant making process.
- Website: ArtsforIllinois.org
- $4M in initial funds
- On April 13th, the Illinois Workers’ Compensation Commission adopted an emergency rule that, if a first responder or frontline worker contracts COVID-19, it will be rebuttably presumed to be due to their employment and will be rebuttably presumed to be causally connected to their work. Covered workers include those identified in Section 1 Part 12 of EO 2020-10 such as grocery store workers, and employees at gas stations, financial institutions, restaurants doing takeout and delivery, etc.
~90,000 Confirmed Cases, 100 Counties, 4,058 Deaths, ~539,000 Persons Tested (Illinois Department of Public Health)
Highlights of Restore Illinois Plan
On Tuesday, May 5th, Governor Pritzker released his Restore Illinois plan for re-opening the state’s economy. The plan envisions five phases of re-opening and divides the state into four regions, which can proceed through the different phases at different times based on local conditions. The entire state is currently in Phase 2 as of May 1st.
The plan divides the state into four regions. These regions are derived from the Illinois Department of Public Health’s (IDPH) 11 Emergency Medical Services Regions. The regions area as follows:
- Northeast – Cook and collar counties and some outer areas. EMS regions 7-11.
- North-Central – Bounded by Boone, McLean, Rock Island counties. EMS regions 1-2
- Central – Bounded by Iroquois, DeWitt, Clay counties. EMS regions 3 and 6.
- South – Bounded by Madison, Wabash, Marion counties. EMS regions 4-5.
Phase 1: Rapid Spread
- Gatherings: Essential gatherings of 10 or fewer; others prohibited.
- Businesses: WFH save for Minimum Basic Operations
- Retail, Hospitality: Essential retail open. Bars and restaurants pickup and delivery only.
- Gating Criteria for Next Phase: Ability to conduct 10,000 tests daily; testing for symptomatic healthcare workers and first responders.
Phase 2: Flattening
Note: This is the phase the state entered on May 1st with the modified Stay-at-Home (SAH) order. The earliest the next phase could begin is May 29th.
- Gatherings: Essential gatherings of 10 or fewer; others prohibited.
- Businesses: WFH save for Minimum Basic Operations
- Retail and Hospitality: Essential stores remain open; Non-essential open for pickup and delivery. No change for bars and restaurants.
- Gating Criteria for Next Phase: Note that data will be tracked from the time a region enters its current phase. Data available on the IDPH website.
- Cases and Capacity:
- At or under 20 positivity rate and increasing no more than 10 percentage points over a 14-day period AND
- No overall increase (decrease or stability) in hospitalizations for COVID-like symptoms for 28 days
- 14 percent surge capacity of ICU beds, medical and surgical beds, and ventilators.
- Testing: Testing available for ALL patients, healthcare workers, first responders, people with underlying conditions, residents and staff in congregate facilities
- Tracing: Begin contact tracing and monitoring within 24 hours of diagnosis.
Phase 3: Recovery
- Gatherings: ALL gatherings of 10 or fewer allowed, subject to change based on data.
- Businesses: Non-essential businesses are allowed to return to work with telework encouraged where possible. Must follow IDPH safety guidance.
- Retail: Open with reduced capacity limits and safety guidance, including face coverings.
- Bars and Restaurants: No change from Phase 2.
- Gating Criteria for Next Phase:
- Cases and Capacity: Tracking data from beginning of Phase 3. Must continue to meet ALL Phase 2 criteria
- Testing: Testing available in region regardless of symptoms or risk factors.
- Tracing: Begin contact tracing and monitoring within 24 hours of diagnosis for more than 90% of region’s cases.
Phase 4: Revitalization
- Gatherings: Gatherings of 50 or fewer allowed, subject to change based on data
- Businesses: All employees return to work with safety guidance. Employers should provide accommodations to vulnerable populations.
- Bars and Restaurants, Health Clubs, Personal Care, Entertainment, Retail: All open with capacity limits and IDPH safety guidance. This includes dine-in service, fitness centers and movie theatres.
- Gating Criteria for Next Phase: Post-pandemic status through a vaccine, effective and widely available treatment, or sustained elimination of cases (e.g. herd immunity).
Phase 5: Illinois Restored
- All sectors of the economy fully operational in post-pandemic status.
- Conventions, festivals and large events CANNOT occur until this phase.
It is possible to move back to a previous phase if the data worsen. In all phases, this could include: sustained rise in positivity rate, sustained increase in COVID-like hospitalizations, reduction in surge capacity or a significant outbreak in a region.
Small Business Relief Programs
Illinois Small Business Emergency Loan Fund – $60M
- Partnership between the Department of Commerce and Economic Opportunity (DCEO), Department of Financial and Professional Regulation (DFPR), Accion, Illinois Bankers Association, and the Community Bankers Alliance of Illinois.
- $60 million loan fund
- $30M in loan loss reserve, consisting of $20M in DCEO funds, $10M from banking community.
- All businesses with under 50 employees and under $3M in 2019 revenue outside Chicago are eligible to apply.
- Allowing up to $50,000 low interest loans with five-year repayment terms
- Required payments not due for six months then fixed payments at 3% interest for the remainder of the five-year loan term.
- Applications will be available on DCEO and state’s coronavirus website on Friday, March 27th.
Downstate Small Business Stabilization Program – $20M
- Focus on suburban and rural low-income communities
- Up to $25,000 grants served by DCEO’s Office of Community Development
- Businesses of up to 50 employees partner with their local governments to obtain up to $25,000 in working capital
- This program redeploys Community Development Block Grant funds.
- Applications available on DCEO’s website on Friday, March 27th.
Hospitality Emergency Grant Program – $14M
- Grants intended for hotels, bars, restaurants to support working capital like job training, rent, increased pickup and delivery.
- Grant breakdown
- Up to $25,000 to eligible bars and restaurants
- Bars and restaurants that generated between $500,000 and $1 million in revenue in 2019 can receive up to $25,000.
- Bars and restaurants that generated less than $500,000 in 2019 revenue can receive up to $10,000.
- Up to $50,000 to eligible hotels
- Hotels with less than $8 million in 2019 revenue can receive up to $50,000.
- Grant applications (landing page) are live starting today and can be found at coronavirus.illlinois.gov or on DCEO’s website. Application here.
- Accion will administer the program on behalf of the state and distribute the grants.
- Applications are available today March 25th and are due April 1st at 5 P.M. Eligible businesses will be entered into a lottery, with winners notified by April 4th.
- This program repurposes existing job training and tourism promotion funds.
- May 13th –EO issued clarifying healthcare liability limitations only apply to COVID-19.
- May 12th – Fast-Tracking of $25M in DCEO infrastructure grants for local governments.
- May 11th – Portal for Pandemic Unemployment Assistance (PUA) workers launched.
- May 5th – Governor Pritzker announces five-phase Restore Illinois reopening plan.
- May 1st – EO issued related to marriage licenses; EO suspending various administrative requirements under multiple Acts.
- April 30th – Third Gubernatorial Disaster Proclamation issued. EO extending previous EOs through May 29th; EO suspending issuance of 75 new cannabis licenses. Modified SAH order issued.
- April 24th – EO issued amending School Code provisions.
- April 23rd – Governor announces intent to issue extension of SAH order through May 30th and Third Disaster Proclamation; EO issued clarifying evictions procedure.
- April 20th – EO issued extending expired industrial radiology licenses; EO extending temporary public adjuster and insurance producer licenses as well as allowing online learning.
- April 17th – In-person K-12 classes are suspended for the remainder of the 2019-2020 school year. Schools should continue to conduct remote learning.
- April 16th – EO suspending certain IDPH requirements on hospitals and other healthcare facilities to assist same in dealing with patient surges.
- April 14th – EO suspending wage garnishments and asset discovery in debt collection.
- April 13th – Illinois Workers’ Compensation Commission adopts emergency rule that creates a rebuttable presumption that first responders and other frontline workers contracted COVID-19 on the job.
- April 10th – EO limiting DHS IG review of certain employees.
- April 9th – EO limiting IDFPR’s authority to increase licensure if it hampers disaster response.
- April 7th – EO suspending various administrative requirements for funeral homes, healthcare worker background checks, etc. See EO 2020-22.
- April 6th – EO issued allowing simple verbal attestations for public benefits applications; EO issued allowing prison furloughs for medically vulnerable during disaster.
- April 1st – Second Gubernatorial Disaster Proclamation issued through April 30th. All COVID-19 EOs extended through this date. EO issued allowing unlicensed medical and nursing students to provide healthcare assistance related to the pandemic response.
- April 1st – Arts Relief Fund launched to support Illinois artists and non-profits
- March 28th – EO suspending vehicle repossessions; EO extending cannabis application deadlines.
- March 27th– EO suspending school testing, attendance requirements, expanding daycare access for essential employees.
- March 26th – EO suspending IDOC transfers; EO allowing remote witnessing and counterparty signatures
- March 26th – Illinois COVID-19 Response Fund announced to assist non-profits, with $23M in initial commitments from individuals, corporations, and philanthropies.
- March 26th – Federal government approves state major disaster declaration.
- March 25th – Three programs totaling $94M to support small businesses announced
- March 24th – Governor issues EO streamlining healthcare worker background checks
- March 23rd – Essential Equipment Task Force announced, which is a P3 (State, IMA, iBIO) to manufacture PPE and medical supplies.
- March 23rd – State executes contracts to obtain 3.5 million masks and other PPE
- March 21st – Stay-At-Home order takes effect at 5 P.M.
- March 20th – Stay-At-Home order issued with exceptions. See details below.
- March 19th – EO expanding telehealth access issued
- March 18th – Governor Pritzker announces coronavirus.illinois.gov, a website to update the public about COVID-19, which will be updated once daily. Local health department websites are likely to have more up to date information.
- March 17th – Governor Pritzker working with Illinois Sheriffs to prevent evictions.
- March 17th – Illinois utility companies have agreed not to shut off services at least in the Gubernatorial Disaster Proclamation. Many have agreed not to shut off service for even longer periods.
- March 17th – Governor Pritzker activates 60 National Guard members to assist with the response to COVID-19. More servicemembers are likely to be called upon in the coming weeks.
- March 17th – Governor Pritzker applies for a statewide Economic Industry Declaration with the U.S. Small Business Association. If approved, small businesses and nonprofits impacted by the coronavirus would have access to up to $2 million in low-interest loans.
- March 16th – Illinois Department of Financial and Professional Regulation allows curbside pickup of medical cannabis outside of dispensaries.
- March 16th – Illinois Gaming Board announces suspension of all licensed video gaming operations, effective at 9 pm on March 16th through March 30th.
- March 16th – Executive Order 2020 – 07 signed, suspending all on-premises consumption of food and beverages in businesses, prohibiting gatherings of 50 or more people, and allowing for public bodies to meet remotely.
- March 15th – Chicago Mayor Lori Lightfoot announces she is working on a relief package for restaurants forced to close their dining rooms by Executive Order 2020 – 07.
- March 15th – Executive Order 2020 – 06 signed, amending 2020 – 05 by exempting certain schools from closing educational services.
- March 13th – Illinois Gaming Board announces a 14 day closure of casinos, beginning March 16th.
- March 13th – Executive Order 2020 – 05 signed, closing schools from March 17th through March 30th.
- March 13th – Executive Order 2020 – 04 signed, to limit gatherings of 1,000 people or more.
- March 12th – Executive Order 2020 – 03 signed, to extend the deadline for Cannabis Regulation and Tax Act applications from March 16th to March 30.
- March 11th – Governor J.B. Pritzker and the Illinois Department of Employment Security announce people who cannot work due to COVID-19 and do not receive paid sick leave from their jobs qualify for unemployment benefits.
- March 11th – WHO characterized the COVID-19 outbreak as a pandemic.
- March 9th – Governor J.B. Pritzker declared the State of Illinois as a disaster area in effect for 30 days.
- Late 2019 – COVID-19 outbreak emerges.
COVID-19 Executive Order Number 35 (2020-37) – Revises Elective Surgeries and Liability Provisions, May 13, 2020
- Clarifies previous EO (2020-19) limiting liability for health care facilities only applies to COVID-19 testing and treatment, not any other procedure as hospitals resume elective surgeries. Immunity also does not apply in cases of negligence or willful misconduct.
- Adds to the definition of “render assistance” that facilities must also conduct widespread regular testing of residents, staff and patients.
- Defines and renders assistance in support of the State’s response to hospitals, health care facilities, health care professionals, and health care volunteers. Those that continue to cancel or postpone all elective surgeries or procedures, or begin elective surgeries on or after May 11th, in order to respond to the COVID-19 outbreak shall be immune from civil liability for any alleged injury or death relating to COVID-19.
COVID-19 Executive Order Number 34 (2020-36) – Marriage License Provisions, May 1, 2020
- Suspends the requirement that a fully executed marriage license must be submitted to the county clerk within 10 days. Suspends the requirement that a marriage license becomes effective one day after the date of issuance.
- To obtain a marriage license, couples may appear before the county clerk and conduct a marriage ceremony using two-way audio-video communication technology, if certain conditions are met.
COVID-19 Executive Order Number 33 (2020-35) – Suspends Various Provisions, May 1, 2020
- Suspends the provisions of the Assisted Living and Shared Housing Act, Nursing Home Act, MC/DD Act, and the ID/DD Community Care Act related to time limits on probationary licenses and the time for IDPH to complete a review. License timeframes in the Specialized Mental Health Rehabilitation Act are also suspended.
- Additionally, suspends a requirement that IDPH investigate complaints unrelated to allegations of abuse and misconduct within 30 days of receipt. IDPH shall continue to investigate complaints of abuse or neglect within statutory timeframes.
- Suspends various provisions in the Nursing Home Act, such as on-site annual facility reviews and on-site reviews of construction projects.
- Suspends administrative requirements for items such as license issuance, exam and certificate requirements, and on-site visits for the following acts: Illinois Plumbing License Law, Structural Pest Control Act, Grade A Pasteurized Milk and Milk Products Act, Illinois Food, Drug and Cosmetic Act, Tanning Facility Permit Act, Tattoo and Body Piercing Establishment Registration Act, and the Illinois Speech-Language Pathology and Audiology Practice Act.
- For the Mobile Home Park Act, suspends requirements requiring renewal of mobile home park licenses by April 30th of each year. Licenses that expire or are set to expire during the duration of the Gubernatorial Disaster Proclamations shall be suspended for the duration.
COVID-19 Executive Order Number 32 (2020-34) – Suspends Cannabis Provisions, April 30, 2020
- Suspends the requirement that IDFPR issue up to 75 Conditional Adult Use Dispensing Organization Licenses before May 1, 2020.
- Suspends certain requirements, including the need for an adult use cannabis dispensing organization agent to obtain an agent identification card from IDFPR prior to beginning work at a dispensary and the need for a medical or adult use cannabis dispensing organization agent to keep an agent identification card visible at all times when in the dispensary.
COVID-19 Executive Order Number 31 (2020-33) – Reissues ALL Previous COVID-19 EOs, April 30, 2020
- Reissues EOs 2020-03 through 2020-31, extending provisions through May 29, 2020. Some have minor amendments. This is all COVID-19 EOs the governor has issued.
COVID-19 Executive Order Number 30 (2020-32) – Modified Stay-at-Home Order, April 30, 2020
Changes from the original SAH order (2020-10) are highlighted below.
Effective May 1st through the duration the Gubernatorial Disaster Proclamations (Third scheduled to expire May 30th):
- Face Covering Requirement in Public Places. Any individual over the age of two who can medically tolerate a face covering (or a mask) should wear one in places where 6-foot social distancing is not possible. The mask shall cover their nose and mouth.
- Essential Business Requirements. Retail stores (including but not limited to groceries, pharmacies, hardware stores, greenhouses, nurseries) shall to the extent possible:
- Provide Face Masks for Employees who Cannot Socially Distance. Depending on the industry, additional PPE may be required.
- Reduce Capacity Limits. A cap of 50% normal capacity or a standard established by DCEO based on square footage.
- Establish One-Way Aisles. Where possible, establish one-way aisles with clear signage and direction to customers.
- Discontinue the Use of Reusable Bags.
- Non-Essential Retail Businesses Re-Open for Order Pickup. This includes telephone and online orders. Delivery also permitted. Must follow social distancing and provide masks/ coverings.
- This is added into definition of Minimum Basic Operations.
- Manufacturer Requirements. Manufacturers that continue to operate pursuant to the Order shall follow Social Distancing Requirements and take precautions, which may include:
- Providing face coverings to employees not able to maintain six-foot distance.
- Staggering shifts.
- Reducing line speeds.
- Operating only essential lines; shutting down non-essential lines.
- Ensuring that employee gathering spaces (locker and lunch rooms) allow for social distancing.
- Downsizing operations to the extent necessary to ensure a safe workplace during the COVID-19 emergency.
- State Parks and Golf Courses Re-Open. For the latter, DCEO will establish rules.
- These are designated as Essential Activities.
- Fishing and boating permitted in groups of no more than two.
- ALL Businesses Should Continue to Encourage Remote Work. All businesses should evaluate which employees are able to work remotely and are encouraged to facilitate where possible.
- IDPH Guidance MUST be Posted if Employees On-Site. If a business has employees physically returning to a worksite, they must post IDPH guidance on COVID workplace safety, which will be posted on IDPH’s website.
- Face Coverings Required. If six-foot social distancing is not possible, a firm shall provide face coverings and require that employees wear them. Where work circumstances require, additional PPE may be required. This includes firms engaged in Minimum Basic Operations.
- Clarity on EO Intent. There is added language about the EO’s intent. Unless a business is specifically addressed in the EO, they should reduce to Minimum Basic Operations only.
- Added Enforcement Provisions.
- With respect to whether they qualify as Essential, businesses should follow guidance provided or published by: the Office of the Governor, the Illinois Department of Commerce and Economic Opportunity, and State and local law enforcement.
- With respect to Social Distancing requirements: the Illinois Department of Public Health, local public health departments, and the Workplace Rights Bureau of the Office of the Illinois Attorney General.
- No Retaliation. Pursuant to Section 25(b) of the Whistleblower Act, 740 ILCS 174, businesses are prohibited from retaliating against an employee for disclosing information where the employee has reasonable cause to believe that the information discloses a violation of this Order.
- Misc. – Pet grooming added to the definition of permitted healthcare exceptions to the order. Free exercise of religion added as an Essential Activity, provided gatherings do not exceed 10 and follow Social Distancing requirements.
COVID-19 Executive Order Number 29 (2020-31) – Amends School Code Provisions, April 24, 2020
- Suspends provisions in the teacher preparation programs. Suspends requiring internships for endorsements on professional educator licenses. Suspends requiring certain courses as a prerequisite to receiving a high school diploma for twelfth grade students who are unable to complete coursework as a result of the suspension of in-person instruction due to COVID-19.
COVID-19 Executive Order Number 28 (2020-30) – Clarification of Eviction Prohibition, April 23, 2020
Effective April 23, 2019 through the duration of the Gubernatorial Disaster Proclamations:
- Prohibits residential eviction actions and all law enforcement officers are instructed to cease enforcing evictions for non-residential premises, unless the tenant poses a threat to public health and safety or severe risk to the property.
- Permits service of pleadings to be conducted personally, by first-class mail, or by electronic mail.
COVID-19 Executive Order Number 27 (2020-29) – Insurance Licenses, April 20, 2020
During the duration of the Gubernatorial Disaster Proclamations,
- Suspends specific provisions in the Illinois Insurance Code and accompanying regulations requiring in-person education and exams for public adjuster and insurance and producer licenses.
- Permits required hours of coursework to be completed via webinar or other approved distance learning.
- Suspends the 90-day limitation on temporary licenses and extends licenses that have expired or are set to expire for the duration of the disaster.
- Suspends the requirement that both parts of two-part producer examination must be passed within 90 days of each other.
COVID-19 Executive Order Number 26 (2020-28) – Industrial Radiology Certifications, April 20, 2020
During the duration of the Gubernatorial Disaster Proclamations,
- Suspends the provision in the Radiation Protection Act of 1990 that limits the validity of industrial radiography certifications to five years and industrial radiography trainee certifications to two years. Industrial radiography certifications and industrial radiography trainee certifications that have expired or will expire may be extended.
- IEMA-DNS may administratively extend the terms of existing certifications in 90-day increments, not to exceed 6 months.
- This does not apply to those who did not have such certifications prior to the issuance of the Gubernatorial Disaster Proclamations.
COVID-19 Executive Order Number 25 (2020-27) – Suspension of Cadaver Requirements, April 17, 2020
During the duration of the Gubernatorial Disaster Proclamations:
- Suspends the requirement that a blood and urine test be conducted to test for alcohol and drugs for deaths not attended by a physician if the decedent a) has tested positive for COVID-19 or b) presents classic symptoms and has test results pending.
- Suspends medical science institutions from holding indigent cadavers for 30 days after receipt from the State facility, for cadavers testing positive for COVID-19.
- Suspends requiring the director of any State facility in custody of an unclaimed cadaver to donate the cadaver to a qualified medical science institution for the advancement of medical science, for cadavers testing positive for COVID-19.
COVID-19 Executive Order Number 24 (2020-26) – Suspension of Certain IDPH Administrative Requirements, April 16, 2020
- During the duration of the Gubernatorial Disaster Proclamations, IDPH shall exercise discretion enforcing certain regulations.
- Suspends specific provisions in the Hospital Licensing Act, the Hospital Report Card Act, the Department of Public Health Powers and Duties Law, the Illinois Adverse Health Care Events Reporting Law of 2005, and the Emergency Medical Services (EMS) Systems Act.
- Hospitals licensed by IDPH or the State of Illinois may establish an ACF to provide room and board, nursing, and diagnosis or treatment to patients to increase regional hospital capacity.
COVID-19 Executive Order Number 23 (2020-25) – Suspension of Wage Garnishments and Asset Searches, April 14, 2020
- Suspends sections in the Illinois Code of Civil Procedure that permit the service of a garnishment summons, wage deduction summons, or a citation for asset searches on a consumer debtor or consumer garnishee. It shall not be construed to apply to domestic support obligations or to relieve a debtor of any liability.
COVID-19 Executive Order Number 22 (2020-24) – Forensics; DHS Investigations, April 10, 2020
- During the duration of the Disaster Proclamations and for no more than 30 days after their termination, suspends admissions to Illinois Department of Human Services Forensic Treatment Programs from Illinois county jails.
- During the duration of the Disaster Proclamations and for no more than 30 days after their termination, suspends certain statutory provisions related to DHS employees. This includes employees in the following categories:
- Employees that are being investigated for conduct that would not result in their termination or placement on the Health Care Worker Registry or
- Employees who are the subject of an Office of Inspector General (OIG) investigation that is either complete or materially complete and where the OIG reached an independent conclusion that the allegations against the employee will be unsubstantiated or unfounded in the OIG Final Investigative Report.
COVID-19 Executive Order Number 21 (2020-23) – IDFPR Limitations on Authority, April 9, 2020
- “During the duration of the Gubernatorial Disaster Proclamations, the requirement in the Department of Professional Regulation Law, 20 ILCS 2105-400, and its accompanying regulations, authorizing the Secretary of the Department of Financial and Professional Regulation to take certain actions to increase the number of licensed professionals responding to the disaster is suspended to the extent it limits the Secretary’s authority to those persons working under the direction of the Illinois Emergency Management Agency and the Illinois Department of Public Health pursuant to a declared disaster by the Governor.”
COVID-19 Executive Order Number 20 (2020-22) – Various, April 7, 2020
- April annual township meeting requirement is suspended
- The two-time renewal cap for funeral director and embalmer license interns is suspended. Licensees shall meet all other requirements from IDFPR.
- Requirement that transportation of deceased remains must be overseen by a funeral director is suspended as it pertains to funeral director interns provided the latter meet all other requirements.
- Definition of child suspended during the Disaster Proclamations and 60 thereafter to allow children in the care of DCFS who turn 18 or older to remain in their placement.
- Requirement that a health care worker submit a fingerprint within 10 working days to Illinois State Police is suspended provided the fingerprints are transmitted within 30 days of enrollment in a CNA training program or the start of employment.
COVID-19 Executive Order Number 19 (2020-21) – Allows Prison Furloughs during Disaster, April 6, 2020
- During the duration of the Gubernatorial Disaster Proclamation, suspends the two-week cap on prison furloughs. Additionally, allows such furloughs for medical, psychiatric or psychological purposes. The IDOC shall file emergency rules as needed.
COVID-19 Executive Order Number 18 (2020-20) – Suspension of Recording of Verbal Attestation for Public Benefits, April 6, 2020
- During the duration of the Gubernatorial Disaster Proclamation, the requirement that telephone applicants for public assistance provide an audio recording of their verbal attestation is suspended. A simple verbal attestation properly documented by the State is sufficient.
- Additionally, unsigned mailed applications for public benefits may be signed by verbal attestation by phone, properly documented by the State.
COVID-19 Executive Order Number 17 (2020-19) – Increasing Healthcare Capacity, April 1, 2020
- During the duration of the Gubernatorial Disaster Proclamation, “healthcare facilities” includes “any government-operated site providing health care services established for the purpose of responding to the COVID-19 outbreak.”
- “Healthcare Professional” means all those licensed or certified as such OR those who are “working under the direction of the Illinois Emergency Management Agency (IEMA) or DPH in response to the Gubernatorial Disaster Proclamations.”
- “Healthcare Volunteer” means all volunteers or medical or nursing students who do not have licensure who (i) are providing services, assistance, or support at a Health Care Facility in response to the COVID-19 outbreak and are authorized to do so; or (ii) are working under the direction of IEMA or DPH in response to the Gubernatorial Disaster Proclamations.”
- All Health Care Facilities, Professionals and Volunteers are directed to “render assistance” to the State in support of its efforts to fight COVID-19.
- For Facilities, this must include increasing the number of beds, preserving personal protective equipment or taking necessary steps to treat COVID-19 patients.
- For Professionals, this means providing healthcare services or working under the direction of IEMA or IDPH.
- For Volunteers, this means providing services, assistance, or support at a Facility or working under the direction of IEMA and IDPH.
- Facilities, Professionals, and Volunteers are immune from civil liability in the event of a death or injury when providing assistance or services in response to COVID-19 except in the case of gross negligence or willful misconduct.
COVID-19 Executive Order Number 16 (2020-18) – Extension of Prior COVID-19 EOs, April 1, 2020
- All COVID-19 EOs (EOs 2020-03 through 2020-17) are extended through the duration of the Second Gubernatorial Disaster Proclamation, which currently extends through April 30th.
COVID-19 Executive Order Number 15 (2020-17) – Extension of Cannabis License Application Deadlines, March 28, 2020
- Applications for the following cannabis licenses are extended through April 30th: craft grower, infuser, and transporter. This supersedes a previous executive order which had extended the deadline to March 30th.
COVID-19 Executive Order Number 14 (2020-16) – Suspension of Vehicle Repossessions, March 28, 2020
- Beginning March 27th and through the duration of the Disaster Proclamation, provisions in the Vehicle Code related to vehicle usability and allowing for repossessions are suspended. This does not suspend the requirement to make payments or fulfill other obligations pursuant to the terms of the loan.
- In-classroom training requirements for private security and fingerprint vendors. Testing can be done online.
COVID-19 Executive Order Number 13 (2020-15) – Suspension of School Testing and Attendance Requirements; Daycare, March 27, 2020
The following are in effect for the duration of the Disaster Proclamation unless otherwise noted.
- Provisions in the School Code specifying the school term and requiring approvals for changes are suspended. This EO does not relieve school districts of the requirement to provide at least 185 days to insure 176 of actual pupil attendance. Nothing in the EO shall prohibit school employees, pursuant to their contracts, from receiving additional compensation for additional time worked as a result of the extension of the school term.
- Provisions providing for the calculation of daily pupil attendance are suspended.
- Illinois State Board of Education (ISBE) may implement rules allowing the State Superintendent of Education to address the following:
- Minimum requirements of the school calendar and school day
- Create, define, and determine the use of “Remote Learning Planning Days”
- Create, define, and determine the use of “Remote Learning Days”
- Provide additional guidance pursuant to the terms of this order.
- Beginning March 27th, all public school districts and eligible entities that receive funding from ISBE to administer and implement a grant program for preschool education or an early childhood block grant may provide childcare services for children (age 0-12) of employees exempted from the Stay-at-Home order (EO-2020-10). This does not affect these entities’ ability to continue to serve those already identified and enrolled in these programs.
- The following provisions of the Illinois School Code, 105 ILCS 5/2-3.71 (Pre-School/ Early Childhood), are suspended:
- Requirements regarding the age of children to be served
- Selection process, first prioritizing at-risk children and then children with a family income less than four times the poverty guidelines in the Federal Register
- The licensure requirements for providing childcare services to children of employees exempt from EO 2020-10.
- Program age requirements are suspended in regards to children of employees exempt from EO-2020-10.
- Prohibition on communicating, opening, considering, and accepting school construction bids electronically is suspended.
COVID-19 Executive Order Number 12 (2020-14) – Remote Witnessing and Counterparty Signing, March 26, 2020
- During the duration of the Disaster Proclamation, electronic remote witnessing through two-way A/V by Notary Publics is allowed.
- This also applies to any required act of witnessing under state law.
- Notwithstanding Illinois law and regulations, absent an express prohibition in a document against signing in counterparts, all legal documents may be signed in counterparts. This includes deeds, last wills, and powers of attorney for healthcare. Notaries should be sent via email or fax copies of the signature pages.
COVID-19 Executive Order Number 11 (2020-13) – Suspension of Transfers to IDOC, March 26, 2020
- Beginning March 26th at 5 P.M. and through the duration of the Disaster Proclamation, all transfers to the Illinois Department of Corrections from county jails are suspended. IDOC Director can make limited exceptions at their discretion for limited essential transfers.
COVID-19 Executive Order Number 10 (2020-12) – March 24, 2020
- During the duration of the Disaster Proclamation, the provision of the Health Care Worker Background Check Act that prohibits individuals from being hired as certified nursing assistants if they have been inactive on the Health Care Worker Registry is suspended if: the individual has been inactive for no more than 5 years, was in good standing at the time of inactivity, and completes and submits forms required by IDPH.
- During the duration of the Disaster Proclamation, the provision of the Health Care Worker Background Check Act limiting conditional employment for certified nursing assistants to three months is suspended. It is now 6 months after which they must complete a fingerprint background check.
- During the duration of the Disaster Proclamation, the 30-day prior notification requirement for juvenile inmate release is suspended. Department of Juvenile Justice shall take steps to notify State’s Attorneys as far in advance and as quickly as possible.
- During the duration of the Disaster Proclamation, the monthly exam requirement of the Miners’ Examining Board is suspended.
COVID-19 Executive Order Number 9 (2020-11) – Amendments to Prior Orders, March 23, 2020
- Amends EO 2020-10 to clarify facilities that are Human Services Operations where individuals may leave their home to work or obtain services.
- Reiterates that the term Human Services is defined broadly to preserve access.
- Nothing in the EO 2020-10 shall alter or diminish the State or local government’s ability to order a quarantine or the closure of a location during the duration of the public health emergency. Additionally, clarifies that local governments retain the authority to issue stricter requirements than the governor’s EO.
- Day care centers –
- Day care centers granted an emergency license for children of employees exempted by EO 2020-10 to work as permitted.
- Licensing requirements suspended for family homes that receive up to 6 children during the duration of the Gubernatorial Disaster Proclamation.
- E-learning ISBE prior approval requirement suspended during the duration of the Disaster Proclamation.
- No public hearing or prior notification requirements for staff, students, and parents
- However, e-learning programs must be verified by the regional office of education or intermediate service center for the school district.
- E-learning programs adopted pursuant to EO may exceed number of emergency days in the approved school calendar.
- 14-day notification requirement of inmate release suspended during Disaster Proclamation.
- Department of Corrections shall take steps to ensure notification as far in advance and as quickly as possible to the State’s Attorney.
COVID-19 Executive Order Number 8 (2020-10) – Stay-At-Home Executive Order in Response to COVID-19, March 20, 2020
- Beginning March 21st at 5 PM through April 7th, residents are order to stay at home with the following exceptions. To the extent that residents are outside their home, they should follow Social Distancing guidelines. Exceptions are as follows:
- Essential Activities:
- Health Care – visiting a doctor, obtaining medical supplies, prescriptions
- Necessary Supplies – Groceries, household items, necessities to facilitate Work From Home (WFH)
- Outdoor Activities – Physical activity in parks or rec areas except for playgrounds. Social Distancing must be observed.
- Work – Carry out Minimum Basic Operations or function of Essential Businesses
- Aid in Care – Traveling to care for family, friends, pets is allowed
- Essential Government Functions
- All services provided by the State and all lower-level units of government “needed to ensure the continuing operation of the government agencies or to provide for or support the health, safety and welfare of the public.” This includes first responders, law enforcement, court personnel, emergency dispatchers, etc. Each unit of local government will determine its essential employees critical to the performance of Essential Government Functions.
- Operation of Essential Businesses or Operations. These include Healthcare and Public Health Operations, Human Services Operations, Essential Government Functions and Essential Infrastructure and the following:
- Stores that sell groceries or medicine
- Food, beverage, and cannabis consumption and agriculture
- Charitable and social service organizations
- Gas stations and auto repair and supply
- Financial institutions
- Hardware and supply stores
- Critical trades
- Mail, post, shipping, delivery, and pick-up services
- Educational institutions – distance learning, critical research allowed but classes still closed until April 7th
- Restaurants for off-premises consumption – includes third-party delivery apps
- Supplies to WFH
- Essential Business and Operations supplies
- Transportation – including rideshare and public transit
- Home care services
- Residential facilities and shelters
- Professional services – includes legal, accounting, real estate, insurance services
- Day cares for exempted employees
- Manufacturing, distribution and supply chain for critical products and industries
- Critical labor union functions
- Hotels and motels
- Funeral services
- Non-Essential businesses must cease operations except for Minimum Basic Operations
- Exclusive Work-From-Home (WFH) is allowed
- Minimum Basic Operations. These include:
- Maintain the value of inventory, preserve the physical condition of a plant or equipment, security, payroll and benefits processing
- Facilitate WFH
- Must comply with Social Distancing requirements
- All public and private gatherings of any number outside the home are prohibited except for limited purposes. Any gathering of 10 or more is prohibited unless exempt.
- All places of amusement are closed
- Travel – All travel except for Essential Travel and Essential Activities by any mode is prohibited.
- Healthcare Operations defined in Sec. 1 (7) – construed broadly to minimize disruption
- Essential Infrastructure – See Sec 1 (9) for a full list, but it includes – food; construction, especially to respond to the public health emergency, but also housing; airport operations and maintenance; utilities; distribution centers; oil refineries; public transportation, including ports; waste collection; cybersecurity operations; and internet, video and telecommunication systems.
- Essential Travel – allowed for Essential categories and actions detailed above as well for non-residents to leave and to return to a place of residence from outside the state.
- Social Distancing Requirements
- 6-foot distance from others
- Hand washing for at least 20 seconds
- Regular cleaning of high-touch surfaces
- Essential Businesses and Operations and those Minimum Basic Operations must:
- Designate six-foot distances
- Have hand sanitizer regularly available
- Designate separate operating hours for vulnerable populations
- Post online whether facility is open and procedures for remote access.
- All state, local, county enforcement of eviction orders must cease.
COVID-19 Executive Order Number 7 (2020-09) – Executive Order to Expand Telehealth Services and Protect Health Care Providers in Response to COVID-19, March 19, 2020
- Beginning March 19th and during the duration of the Disaster Proclamation, health insurers regulated by the Department of Insurance are required to cover all costs of telehealth services by in-network providers that deliver clinically appropriate medically necessary covered services and treatment.
- Issuers may establish reasonable requirements, including documentation and recordkeeping, to the extent consistent with this order. Issuers shall notify providers of necessary instructions to facilitate billing requirements.
- Utilization review requirements may not impose requirements more stringent than for the same in-person treatment.
- For telehealth services that related to COVID-19, insurers shall not impose any prior authorization requirements.
- Insurers shall not impose any cost-sharing requirements for telehealth services provided by in-network providers except for those in High Deductible Health Plans if the care is not deemed preventative care.
- EO does not apply to “excepted benefits” as defined in federal rules, however, it does apply to limited scope dental, vision, long-term care, accident and specified disease coverage.
- Disclosure prohibition and written consent provisions of the Illinois Mental Health and Developmental Disabilities Confidentiality Act are suspended for the duration of the Disaster Proclamation.
- For medical licensees whose license has lapsed or been inactive for less than three years, continuing education requirements and reinstatement fees are waived for reinstatement. This applies during the duration of the Disaster Proclamation.
COVID-19 Executive Order Number 6 (2020-08) – Executive Order in Response to COVID-19, March 17, 2020
- During the duration of the Disaster Proclamation and 30 days after, expiration of vehicle registrations, driver’s licenses, permits, parking decals, temporary and permanent identification cards are suspended. Hearings conducted by the Illinois Secretary of State are also suspended.
- Requirements for filing statements of economic interest are suspended for the same time period described above.
COVID-19 Executive Order Number 5 (2020 – 07) – Executive Order in Response to COVID-19, March 16th, 2020
- Beginning March 16th at 9 pm, all businesses in Illinois that offer food or beverages for on-premises consumption must suspend and not permit on-premises consumption.
- Includes restaurants, bars, grocery stores, and food halls.
- Service for off-premise consumption is permitted and encouraged.
- Includes carry-out, in-house delivery, third-party delivery, drive-through, curbside pick-up, and catering services.
- Need environment for adequate social distancing in carry-out sales.
- Exemption from this Executive Order for businesses located in airports, hospitals, and dining halls in colleges and universities.
- Beginning March 18th, all public and private gatherings in Illinois of 50 of more people are prohibited for the duration of the Gubernatorial Disaster Proclamation.
- Amends Executive Order 2020 – 04, which previously prohibited gatherings of 1,000 people or more.
- Includes community, civic, public leisure, faith-based events, sporting events with spectators, concerts, conventions, fitness centers/health clubs, bowling alleys, private clubs, theaters, and any similar event or activity.
- Exceptions for venues that provide essential goods and services.
- Includes, grocery stores, hospitals, pharmacies, gas stations, banks/credit unions, and shelters.
- The Illinois State Police, the Illinois Department of Public Health, the State Fire Marshal, and the Illinois Liquor Control Commission are directed to cooperate with one another to enforce this Executive Order.
- This Executive Order does not amend or supersede the authority of the Illinois Department of Public Health.
- Requirement of the Unemployment Insurance Act for a one-week waiting period for unemployment insurance claims is suspended for those who are unemployed or otherwise eligible for benefits during the Gubernatorial Disaster Proclamation.
- Provisions of the Open Meetings Act requiring or relating to in-person attendance for members of a public body are suspended during the Gubernatorial Disaster Proclamation.
- Requirement that members of a public body must be physically present.
- Conditions limiting when remote participation is permitted.
- Public bodies are encouraged to postpone their business where possible.
- When meetings are necessary, public bodies are encouraged to provide video, audio, or telephonic access to meetings.
COVID-19 Executive Order Number 4 (2020 – 06) – Amendment to Executive Order 2020 – 05 In Response to COVID-19, March 15th, 2020
- Schools operated by the Illinois Department of Juvenile Justice, the Illinois State Board of Education, or the Illinois Department of Human Services may remain open for educational purposes provided that they are able to exercise necessary precautions to protect the health and safety of students and staff.
- Supersedes contrary provisions of prior Executive Orders.
- Provisions that are not contrary will remain in effect from prior Executive Orders.
COVID-19 Executive Order Number 3 (2020 – 05) – Executive Order in Response to COVID-19, March 13th, 2020
- Beginning March 17th, all public and private pre-K-12 schools must close for educational purposes through March 30th.
- Schools may remain open to provide food and other non-educational services.
- Schools will still be used as election polling locations.
- Definition of “chronic absence” from school is suspended during the Gubernatorial Disaster Proclamation.
- Requirement to receive school board approval to establish an electronic-learning program is suspended during the Gubernatorial Disaster Proclamation.
- No public hearing necessary.
- No 30-day communication requirement necessary prior to implementation.
- E-learning programs must be approved by the regional office of education of intermediate service center for the school district.
- Must ensure the specific needs of students are met.
- Special education.
- English learners.
- Cannot deny plans for failing to meet the required 5 clock hours of instruction or schoolwork if the plan provides substantial student learning opportunities.
- E-learning programs may exceed the number of emergency days approved in the school calendar.
COVID-19 Executive Order Number 2 (2020 – 04) – Executive Order in Response to COVID-19, March 13th, 2020
- Beginning March 13th, all public and private gatherings in Illinois of 1,000 or more people are cancelled until the end of the Gubernatorial Disaster Proclamation.
- Includes concerts, festivals, conferences, sporting events, other planned events where social distancing measures cannot be maintained.
- Does not include school or work attendance.
- Beginning March 16th, the James R. Thompson Center is closed to members of the public for the duration of the Gubernatorial Disaster Proclamation.
- Exceptions for:
- Necessary conduct of state business,
- To obtain services from state agency or constitutional office,
- Operate a business located in the building,
- Public access businesses located on the ground floor through exterior entrances.
- Beginning March 13th, the two-year continuous service requirement for state employees to receive advancement of sick leave is suspended for the duration of the Gubernatorial Disaster Proclamation.
COVID-19 Executive Order Number 1 (2020 – 03) – Executive Order to Extend Application Deadline for Adult-Use Applications Due to COVID-19, March 12th, 2020
- Extend submission deadline for applications in the Cannabis Regulation and Tax Act from March 16th to March 30th.
- Craft grower license application.
- Infuser license application.
- Transporter license application.
- Requirements to submit applications in-person are suspended.
- Beginning at 5 pm on March 12th, the Illinois Department of Agriculture will only be accepting applications by mail, until the new deadline of March 30th.