093_SB0459ham001

 










                                     LRB093 03318 AMC 15700 a

 1                    AMENDMENT TO SENATE BILL 459

 2        AMENDMENT NO.     .  Amend Senate Bill 459  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The Managed Care Reform and Patient Rights
 5    Act is amended by changing Section 20 as follows:

 6        (215 ILCS 134/20)
 7        Sec. 20.  Notice of nonrenewal or termination.  A  health
 8    care  plan must give at least 60 days notice of nonrenewal or
 9    termination of a health care  provider  to  the  health  care
10    provider  and  to  the  enrollees  served  by the health care
11    provider. The notice shall include  a  name  and  address  to
12    which an enrollee or health care provider may direct comments
13    and   concerns   regarding  the  nonrenewal  or  termination.
14    Immediate written notice may  be  provided  without  60  days
15    notice  when  a  health  care  provider's  license  has  been
16    disciplined by the Department of Professional Regulation or a
17    health  care  provider's  hospital  medical  staff privileges
18    required in a contract with a  health  care  plan  have  been
19    suspended or revoked a State licensing board.
20    (Source: P.A. 91-617, eff. 1-1-00.)

21        Section  10.  The Medical Practice Act of 1987 is amended
 
                            -2-      LRB093 03318 AMC 15700 a
 1    by changing Section 23 as follows:

 2        (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
 3        (Section scheduled to be repealed on January 1, 2007)
 4        Sec. 23.   Reports relating to professional  conduct  and
 5    capacity.
 6        (A)  Entities required to report.
 7             (1)  Health    care    institutions.     The   chief
 8        administrator or executive officer  of  any  health  care
 9        institution licensed by the Illinois Department of Public
10        Health  shall  report  to the Disciplinary Board when any
11        person's  clinical  privileges  are  terminated  or   are
12        restricted  based on a final determination, in accordance
13        with that institution's by-laws or rules and regulations,
14        that a person has either committed an act or  acts  which
15        may  directly  threaten  patient  care,  and  not  of  an
16        administrative  nature,  or that a person may be mentally
17        or physically disabled in such a manner  as  to  endanger
18        patients  under  that  person's  care.  Such officer also
19        shall report if a person accepts voluntary termination or
20        restriction of clinical  privileges  in  lieu  of  formal
21        action  based  upon  conduct  related directly to patient
22        care and not of an administrative nature, or in  lieu  of
23        formal  action  seeking to determine whether a person may
24        be mentally or physically disabled in such a manner as to
25        endanger patients under that person's care.  The  Medical
26        Disciplinary  Board  shall,  by  rule,  provide  for  the
27        reporting  to  it  of  all  instances  in which a person,
28        licensed under this Act, who is  impaired  by  reason  of
29        age,   drug  or  alcohol  abuse  or  physical  or  mental
30        impairment, is under supervision and, where  appropriate,
31        is in a program of rehabilitation.  Such reports shall be
32        strictly  confidential and may be reviewed and considered
33        only by the members of  the  Disciplinary  Board,  or  by
 
                            -3-      LRB093 03318 AMC 15700 a
 1        authorized staff as provided by rules of the Disciplinary
 2        Board.   Provisions shall be made for the periodic report
 3        of the status of any such  person  not  less  than  twice
 4        annually  in order that the Disciplinary Board shall have
 5        current information upon which to determine the status of
 6        any such person.  Such initial  and periodic  reports  of
 7        impaired  physicians  shall  not  be  considered  records
 8        within  the meaning of The State Records Act and shall be
 9        disposed   of,   following   a   determination   by   the
10        Disciplinary  Board  that  such  reports  are  no  longer
11        required,  in  a  manner  and  at  such   time   as   the
12        Disciplinary  Board  shall determine by rule.  The filing
13        of such reports shall be construed as  the  filing  of  a
14        report for purposes of subsection (C) of this Section.
15             (2)  Professional  associations.   The  President or
16        chief executive officer of any association or society, of
17        persons licensed under this Act,  operating  within  this
18        State  shall  report  to  the Disciplinary Board when the
19        association or society renders a final determination that
20        a person has  committed  unprofessional  conduct  related
21        directly to patient care or that a person may be mentally
22        or  physically  disabled  in such a manner as to endanger
23        patients under that person's care.
24             (3)  Professional   liability    insurers.     Every
25        insurance  company  which offers policies of professional
26        liability insurance to persons licensed under  this  Act,
27        or   any  other  entity  which  seeks  to  indemnify  the
28        professional liability of a person  licensed  under  this
29        Act,   shall   report   to  the  Disciplinary  Board  the
30        settlement of any claim or  cause  of  action,  or  final
31        judgment  rendered  in any cause of action, which alleged
32        negligence in the furnishing  of  medical  care  by  such
33        licensed person when such settlement or final judgment is
34        in favor of the plaintiff.
 
                            -4-      LRB093 03318 AMC 15700 a
 1             (4)  State's  Attorneys.   The  State's  Attorney of
 2        each county shall report to the  Disciplinary  Board  all
 3        instances  in  which  a person licensed under this Act is
 4        convicted or otherwise found guilty of the commission  of
 5        any  felony.   The  State's  Attorney  of each county may
 6        report to  the  Disciplinary  Board  through  a  verified
 7        complaint  any  instance  in  which  the State's Attorney
 8        believes that a  physician  has  willfully  violated  the
 9        notice  requirements  of  the Parental Notice of Abortion
10        Act of 1995.
11             (5)  State   agencies.    All   agencies,    boards,
12        commissions,  departments,  or other instrumentalities of
13        the government of the State of Illinois shall  report  to
14        the Disciplinary Board any instance arising in connection
15        with   the  operations  of  such  agency,  including  the
16        administration of any law by  such  agency,  in  which  a
17        person  licensed  under  this Act has either committed an
18        act or acts which may be a violation of this Act or which
19        may constitute unprofessional conduct related directly to
20        patient care or which indicates that  a  person  licensed
21        under  this Act may be mentally or physically disabled in
22        such a manner as to endanger patients under that person's
23        care.
24        (B)  Mandatory reporting.  All reports required by  items
25    (34),  (35),  and (36) of subsection (A) of Section 22 and by
26    Section 23 shall be submitted to the Disciplinary Board in  a
27    timely fashion.  The reports shall be filed in writing within
28    60 days after a determination that a report is required under
29    this   Act.    All   reports   shall  contain  the  following
30    information:
31             (1)  The name, address and telephone number  of  the
32        person making the report.
33             (2)  The  name,  address and telephone number of the
34        person who is the subject of the report.
 
                            -5-      LRB093 03318 AMC 15700 a
 1             (3)  The name or other means  of  identification  of
 2        any  patient  or patients whose treatment is a subject of
 3        the report, provided, however, no medical records may  be
 4        revealed  without  the  written consent of the patient or
 5        patients.
 6             (4)  A brief description of  the  facts  which  gave
 7        rise  to  the issuance of the report, including the dates
 8        of any occurrences deemed to necessitate  the  filing  of
 9        the report.
10             (5)  If  court  action  is involved, the identity of
11        the court in which the action is filed,  along  with  the
12        docket number and date of filing of the action.
13             (6)  Any  further  pertinent  information  which the
14        reporting party deems to be an aid in the  evaluation  of
15        the report.
16        The Department shall have the right to inform patients of
17    the  right  to  provide written consent for the Department to
18    obtain  copies  of  hospital   and   medical   records.   The
19    Disciplinary Board or Department may exercise the power under
20    Section  38  of  this  Act  to subpoena copies of hospital or
21    medical records in mandatory report cases alleging  death  or
22    permanent bodily injury when consent to obtain records is not
23    provided  by  a patient or legal representative.  Appropriate
24    rules shall be adopted by the Department with the approval of
25    the Disciplinary Board.
26        When  the  Department  has   received   written   reports
27    concerning  incidents  required to be reported in items (34),
28    (35),  and  (36)  of  subsection  (A)  of  Section  22,   the
29    licensee's  failure  to report the incident to the Department
30    under  those  items  shall  not  be  the  sole  grounds   for
31    disciplinary action.
32        Nothing  contained  in  this  Section shall act to in any
33    way, waive or modify the confidentiality of  medical  reports
34    and  committee  reports  to  the extent provided by law.  Any
 
                            -6-      LRB093 03318 AMC 15700 a
 1    information reported or  disclosed  shall  be  kept  for  the
 2    confidential  use  of  the  Disciplinary  Board,  the Medical
 3    Coordinators, the Disciplinary Board's attorneys, the medical
 4    investigative  staff,  and  authorized  clerical  staff,   as
 5    provided  in  this Act, and shall be afforded the same status
 6    as is provided information concerning medical studies in Part
 7    21 of Article VIII of the Code of Civil Procedure.
 8        In addition  to  any  other  reports  mentioned  in  this
 9    subsection,  the  Department shall make the reports described
10    in  subsection  (f-5)  of  Section  15  of  the  Health  Care
11    Professional  Credentials  Data  Collection  Act,   and   the
12    information  contained  in  the reports shall be afforded the
13    same status as is  provided  information  concerning  medical
14    studies  in  Part  21  of  Article  VIII of the Code of Civil
15    Procedure.
16        (C)  Immunity  from  prosecution.   Any   individual   or
17    organization  acting  in  good faith, and not in a wilful and
18    wanton manner, in complying with this Act  by  providing  any
19    report  or  other  information  to the Disciplinary Board, or
20    assisting  in  the  investigation  or  preparation  of   such
21    information,  or  by  participating  in  proceedings  of  the
22    Disciplinary  Board,  or  by  serving  as  a  member  of  the
23    Disciplinary  Board,  shall not, as a result of such actions,
24    be subject to criminal prosecution or civil damages.
25        (D)  Indemnification.  Members of the Disciplinary Board,
26    the Medical Coordinators, the Disciplinary Board's attorneys,
27    the medical investigative staff,  physicians  retained  under
28    contract to assist and advise the medical coordinators in the
29    investigation,   and   authorized  clerical  staff  shall  be
30    indemnified by the State for any actions occurring within the
31    scope of services on the Disciplinary  Board,  done  in  good
32    faith  and  not  wilful  and  wanton in nature.  The Attorney
33    General shall defend  all  such  actions  unless  he  or  she
34    determines  either that there would be a conflict of interest
 
                            -7-      LRB093 03318 AMC 15700 a
 1    in such representation or that the actions complained of were
 2    not in good faith or were wilful and wanton.
 3        Should the Attorney General decline  representation,  the
 4    member  shall  have the right to employ counsel of his or her
 5    choice, whose fees shall be  provided  by  the  State,  after
 6    approval   by   the  Attorney  General,  unless  there  is  a
 7    determination by a court that the member's actions  were  not
 8    in good faith or were wilful and wanton.
 9        The member must notify the Attorney General within 7 days
10    of  receipt  of  notice  of  the  initiation  of  any  action
11    involving  services of the Disciplinary Board.  Failure to so
12    notify the Attorney  General  shall  constitute  an  absolute
13    waiver of the right to a defense and indemnification.
14        The  Attorney General shall determine within 7 days after
15    receiving such notice, whether he or she  will  undertake  to
16    represent the member.
17        (E)  Deliberations   of  Disciplinary  Board.   Upon  the
18    receipt of any report called for  by  this  Act,  other  than
19    those  reports  of  impaired  persons licensed under this Act
20    required pursuant to the rules of the Disciplinary Board, the
21    Disciplinary Board shall  notify  in  writing,  by  certified
22    mail,  the  person  who  is  the subject of the report.  Such
23    notification shall be made within 30 days of receipt  by  the
24    Disciplinary Board of the report.
25        The  notification  shall include a written notice setting
26    forth the person's right to examine the report.  Included  in
27    such  notification  shall be the address at which the file is
28    maintained, the name of the custodian of the reports, and the
29    telephone number at which the custodian may be  reached.  The
30    person  who  is  the  subject  of  the  report shall submit a
31    written  statement  responding,  clarifying,  adding  to,  or
32    proposing the amending of the report previously  filed.   The
33    statement  shall become a permanent part of the file and must
34    be received by the Disciplinary Board no more  than  60  days
 
                            -8-      LRB093 03318 AMC 15700 a
 1    after  the  date  on  which  the  person  was notified by the
 2    Disciplinary Board of the existence of the original report.
 3        The Disciplinary Board shall review all reports  received
 4    by   it,   together   with  any  supporting  information  and
 5    responding  statements  submitted  by  persons  who  are  the
 6    subject of reports.  The review  by  the  Disciplinary  Board
 7    shall  be  in  a  timely  manner  but  in no event, shall the
 8    Disciplinary Board's initial review of the material contained
 9    in each disciplinary file be less than 61 days nor more  than
10    180  days  after  the  receipt  of  the initial report by the
11    Disciplinary Board.
12        When the Disciplinary Board makes its initial  review  of
13    the  materials  contained  within its disciplinary files, the
14    Disciplinary Board shall, in writing, make a determination as
15    to whether there are  sufficient  facts  to  warrant  further
16    investigation  or action.  Failure to make such determination
17    within  the  time  provided  shall  be   deemed   to   be   a
18    determination  that there are not sufficient facts to warrant
19    further investigation or action.
20        Should the Disciplinary Board find  that  there  are  not
21    sufficient facts to warrant further investigation, or action,
22    the  report shall be accepted for filing and the matter shall
23    be deemed closed  and  so  reported  to  the  Director.   The
24    Director  shall  then  have  30  days  to  accept the Medical
25    Disciplinary   Board's   decision    or    request    further
26    investigation.   The  Director  shall  inform  the  Board  in
27    writing  of  the  decision  to request further investigation,
28    including  the  specific  reasons  for  the  decision.    The
29    individual  or entity filing the original report or complaint
30    and the person who is the subject of the report or  complaint
31    shall  be  notified  in  writing by the Director of any final
32    action on their report or complaint.
33        (F)  Summary  reports.   The  Disciplinary  Board   shall
34    prepare,  on  a  timely  basis, but in no event less than one
 
                            -9-      LRB093 03318 AMC 15700 a
 1    every other month, a summary report of  final  actions  taken
 2    upon disciplinary files maintained by the Disciplinary Board.
 3    The  summary  reports shall be sent by the Disciplinary Board
 4    to every  health  care  facility  licensed  by  the  Illinois
 5    Department  of  Public Health, every professional association
 6    and society of persons licensed under this Act functioning on
 7    a  statewide  basis  in  this  State,  the  American  Medical
 8    Association,  the  American  Osteopathic   Association,   the
 9    American  Chiropractic  Association,  all  insurers providing
10    professional liability insurance to  persons  licensed  under
11    this  Act  in  the State of Illinois, the Federation of State
12    Medical  Licensing  Boards,  and  the  Illinois   Pharmacists
13    Association.
14        (G)  Any  violation  of  this  Section shall be a Class A
15    misdemeanor.
16        (H)  If any such person violates the provisions  of  this
17    Section an action may be brought in the name of the People of
18    the  State  of  Illinois, through the Attorney General of the
19    State of Illinois, for an order enjoining such  violation  or
20    for  an  order  enforcing  compliance with this Section. Upon
21    filing of a verified petition in such court,  the  court  may
22    issue  a  temporary  restraining order without notice or bond
23    and may preliminarily or permanently enjoin  such  violation,
24    and  if it is established that such person has violated or is
25    violating the injunction, the court may punish  the  offender
26    for  contempt  of  court.   Proceedings  under this paragraph
27    shall be in addition to,  and  not  in  lieu  of,  all  other
28    remedies and penalties provided for by this Section.
29    (Source:  P.A.  89-18,  eff.  6-1-95;  89-702,  eff.  7-1-97;
30    90-699, eff. 1-1-99.)

31        Section  15.   The  Health  Care Professional Credentials
32    Data Collection Act is amended  by  changing  Section  15  as
33    follows:
 
                            -10-     LRB093 03318 AMC 15700 a
 1        (410 ILCS 517/15)
 2        Sec.  15.  Development and use of uniform health care and
 3    hospital credentials forms.
 4        (a)  The Department, in consultation  with  the  council,
 5    shall by rule establish:
 6             (1)  a  uniform  health  care  credentials form that
 7        shall include the credentials data commonly requested  by
 8        health  care  entities and health care plans for purposes
 9        of credentialing and shall  minimize  the  need  for  the
10        collection of additional credentials data;
11             (2)  a  uniform  health care recredentials form that
12        shall include the credentials data commonly requested  by
13        health  care  entities and health care plans for purposes
14        of recredentialing and shall minimize the  need  for  the
15        collection of additional credentials data;
16             (3)  a  uniform hospital credentials form that shall
17        include  the  credentials  data  commonly  requested   by
18        hospitals   for   purposes  of  credentialing  and  shall
19        minimize  the  need  for  the  collection  of  additional
20        credentials data;
21             (4)  a  uniform  hospital  recredentials  form  that
22        shall include the credentials data commonly requested  by
23        hospitals  for  purposes  of  recredentialing  and  shall
24        minimize   the   need   for   collection   of  additional
25        credentials data; and
26             (5)  uniform updating forms.
27        (b)  The uniform  forms  established  in  subsection  (a)
28    shall  be coordinated to reduce the need to provide redundant
29    information. Further, the forms shall be  made  available  in
30    both paper and electronic formats.
31        (c)  The  Department,  in  consultation with the council,
32    shall establish by rule a  date  after  which  an  electronic
33    format may be required by a health care entity, a health care
34    plan,  or  a  hospital,  and  a  health care professional may
 
                            -11-     LRB093 03318 AMC 15700 a
 1    require acceptance of an electronic format by a  health  care
 2    entity, a health care plan, or a hospital.
 3        (d)  Beginning  January  1, 2002, each health care entity
 4    or health care plan that employs, contracts with,  or  allows
 5    health  care  professionals to provide medical or health care
 6    services  and  requires  health  care  professionals  to   be
 7    credentialed   or   recredentialed   shall  for  purposes  of
 8    collecting credentials data only require:
 9             (1)  the uniform health care credentials form;
10             (2)  the uniform health care recredentials form;
11             (3)  the uniform updating forms; and
12             (4)  any additional credentials data requested.
13        (e)  Beginning  January  1,  2002,  each  hospital   that
14    employs,  contracts with, or allows health care professionals
15    to provide medical  or  health  care  services  and  requires
16    health    care    professionals   to   be   credentialed   or
17    recredentialed shall for purposes of  collecting  credentials
18    data only require:
19             (1)  the uniform hospital credentials form;
20             (2)  the uniform hospital recredentials form;
21             (3)  the uniform updating forms; and
22             (4)  any additional credentials data requested.
23        (f)  Each  health  care entity and health care plan shall
24    complete   the   process   of   verifying   a   health   care
25    professional's credentials data in a timely fashion and shall
26    complete the process of credentialing or  recredentialing  of
27    the  health care professional within 60 days after submission
28    of all credentials data and completion of verification of the
29    credentials data.
30        (f-5) Each health care plan that credentials health  care
31    professionals   may   register   with   the   Department   of
32    Professional  Regulation  to receive information on a monthly
33    basis concerning the licensure status  of,  any  disciplinary
34    action   taken   against,  and  specified  mandatory  reports
 
                            -12-     LRB093 03318 AMC 15700 a
 1    concerning any health care professional.  The  Department  of
 2    Professional  Regulation  shall make the reports described in
 3    this subsection to registered  health  plans.    The  reports
 4    shall  be  transmitted in an electronic format not later than
 5    15 days after the close of the month in which action is taken
 6    or reported to the  Department  of  Professional  Regulation.
 7    The  reports  shall  contain  at  a  minimum,  the  following
 8    information:   (1)  the  current  licensure  status  and  any
 9    disciplinary action with regard to a license,  including  but
10    not  limited  to  any limitations, restrictions, suspensions,
11    probations, or revocations or failure to renew a license  and
12    (2)  any mandatory report of a final adverse action of a peer
13    review committee of a hospital  or  professional  association
14    with   respect   to  an  allegation  against  a  health  care
15    professional or a matter that  relates  to  the  professional
16    conduct  or  qualifications  of  the health care professional
17    received under Section 23 of Medical Practice  of  1987.  Any
18    transmittal  of information by the Department of Professional
19    Regulation under this Section shall be  to  the  health  care
20    plan's  peer  review designee. The information provided under
21    this subsection shall be  afforded  the  same  status  as  is
22    information  concerning medical studies by Part 21 of Article
23    VIII of the Code  of  Civil  Procedure.  The  Department   of
24    Professional  Regulation  may  adopt,  by  rule,  a fee to be
25    collected from health plans registering for  monthly  reports
26    as  described in this subsection sufficient only to cover the
27    costs of the preparation and dissemination of such reports.
28        (g)  Each health  care  professional  shall  provide  any
29    corrections,   updates,  and  modifications  to  his  or  her
30    credentials data to ensure that all credentials data  on  the
31    health  care  professional remains current. Such corrections,
32    updates,  and  modifications  shall  be  provided  within   5
33    business  days  for  State  health  care professional license
34    revocation,   federal   Drug   Enforcement   Agency   license
 
                            -13-     LRB093 03318 AMC 15700 a
 1    revocation, Medicare or  Medicaid  sanctions,  revocation  of
 2    hospital  privileges,  any  lapse  in  professional liability
 3    coverage required by a health care entity, health care  plan,
 4    or  hospital,  or  conviction of a felony, and within 45 days
 5    for any other change in the information  from  the  date  the
 6    health  care  professional  knew  of the change.  All updates
 7    shall be made on the uniform updating forms developed by  the
 8    Department.
 9        (h)  Any  credentials  data  collected or obtained by the
10    health care entity, health care plan, or  hospital  shall  be
11    confidential,  as  provided  by law, and otherwise may not be
12    redisclosed  without  written  consent  of  the  health  care
13    professional, except that  in  any  proceeding  to  challenge
14    credentialing  or recredentialing, or in any judicial review,
15    the claim of confidentiality shall not be invoked to  deny  a
16    health  care  professional,  health  care entity, health care
17    plan, or hospital access  to  or  use  of  credentials  data.
18    Nothing in this Section prevents a health care entity, health
19    care  plan,  or hospital from disclosing any credentials data
20    to    its    officers,    directors,    employees,    agents,
21    subcontractors, medical staff members, any committee  of  the
22    health care entity, health care plan, or hospital involved in
23    the   credentialing   process,  or  accreditation  bodies  or
24    licensing agencies.  However, any redisclosure of credentials
25    data contrary to this Section is prohibited.
26        (i)  Nothing in this Act shall be construed  to  restrict
27    the  right  of  any  health  care entity, health care plan or
28    hospital to  request  additional  information  necessary  for
29    credentialing or recredentialing.
30        (j)  Nothing  in  this Act shall be construed to restrict
31    in any way the authority of any health  care  entity,  health
32    care  plan  or  hospital  to  approve,  suspend  or  deny  an
33    application   for   hospital   staff   membership,   clinical
34    privileges, or managed care network participation.
 
                            -14-     LRB093 03318 AMC 15700 a
 1        (k)  Nothing  in  this Act shall be construed to prohibit
 2    delegation of credentialing and recredentialing activities as
 3    long as the delegated entity  follows  the  requirements  set
 4    forth in this Act.
 5        (l)  Nothing  in  this  Act shall be construed to require
 6    any health care entity or health care plan to  credential  or
 7    survey any health care professional.
 8        (m) Nothing in this Act shall be construed to prevent any
 9    health  care  entity  or  health  care plan from submitting a
10    query to the Department of Professional  Regulation  for  the
11    current  licensure  status of any health care professional or
12    the National Practitioner Data Bank at any time.
13    (Source: P.A. 91-602, eff. 8-16-99; 92-193, eff. 1-1-02.)".