96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6844

 

Introduced , by Rep. Jim Watson

 

SYNOPSIS AS INTRODUCED:
 
215 ILCS 5/155.18   from Ch. 73, par. 767.18
215 ILCS 5/155.18a
215 ILCS 5/155.19   from Ch. 73, par. 767.19
215 ILCS 5/1204   from Ch. 73, par. 1065.904
735 ILCS 5/2-622   from Ch. 110, par. 2-622
735 ILCS 5/2-1303   from Ch. 110, par. 2-1303
735 ILCS 5/2-1704.5
735 ILCS 5/8-1901   from Ch. 110, par. 8-1901
735 ILCS 5/8-2006
735 ILCS 5/8-2501   from Ch. 110, par. 8-2501
740 ILCS 180/2   from Ch. 70, par. 2
745 ILCS 49/30

    Amends the Illinois Insurance Code, the Code of Civil Procedure, and the Good Samaritan Act to reenact certain provisions of Public Act 94-677, which was declared to be unconstitutional. Includes explanatory and validation provisions. Makes changes relating to the reenactment, including revisory changes. Also makes these substantive changes: Amends the Code of Civil Procedure to lower the rate of interest payable on judgments; to provide for annual indexing of those rates; and to delay the accrual of interest in certain cases where a federal Medicare lien may exist against the judgment. Amends the Wrongful Death Act to undo the changes made by Public Act 95-003: removes a reference to certain types of damages that may be included in a jury award and restores certain historic limitations on the amount of damages that may be awarded. Includes an inseverability provision. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Findings; purpose; text and revisory changes;
5 validation; additional material.
6     (a) The Illinois Supreme Court, in Lebron v. Gottlieb
7 Memorial Hospital, found that the limitations on noneconomic
8 damages in medical malpractice actions that were created in
9 Public Act 94-677, contained in Section 2-1706.5 of the Code of
10 Civil Procedure, violate the separation of powers clause of the
11 Illinois Constitution. Because Public Act 94-677 contained an
12 inseverability provision, the Court held the Act to be void in
13 its entirety. The Court emphasized, however, that "because the
14 other provisions contained in Public Act 94-677 are deemed
15 invalid solely on inseverability grounds, the legislature
16 remains free to reenact any provisions it deems appropriate".
17     (b) It is the purpose of this Act to reenact certain
18 provisions of Public Act 94-677 that did not involve
19 limitations on noneconomic damages in medical malpractice
20 actions, to validate certain actions taken in reliance on those
21 provisions, and to make certain additional changes to statutes
22 affecting interest and limitations on judgments.
23     (c) This Act reenacts (i) Sections 155.18, 155.18a, 155.19,
24 and 1204 of the Illinois Insurance Code; (ii) Sections 2-622,

 

 

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1 2-1704.5, 8-1901, and 8-2501 of the Code of Civil Procedure;
2 and (iii) Section 30 of the Good Samaritan Act. In those
3 Sections, certain effective date references and applicability
4 provisions have been changed to reflect the reenactment. This
5 Act does not reenact any other provisions of Public Act 94-677.
6     (d) Public Act 94-677 amended existing Sections 155.18,
7 155.19, and 1204 of the Illinois Insurance Code and added a new
8 Section 155.18a. Section 1204 was subsequently amended by
9 Public Act 95-331, which was a revisory bill that combined the
10 changes made by Public Act 94-277 with those made by Public Act
11 94-677. Sections 155.18, 155.18a, and 155.19 have not been
12 amended since the enactment of Public Act 94-677.
13     Executive Order No. 2004-6 changed the Department of
14 Insurance into the Division of Insurance within the Department
15 of Financial and Professional Regulation. In conformance with
16 that executive order, Public Act 94-677 changed certain
17 references in the affected Sections from the Director of
18 Insurance to the Secretary of Financial and Professional
19 Regulation. Public Act 96-811 superseded the executive order
20 and re-established the Department of Insurance as a separate
21 department, once again under the supervision of the Director of
22 Insurance. Therefore, in reenacting these Sections, revisory
23 changes have been included that conform the text to Public Act
24 96-811 by changing references to the Secretary back to the
25 Director. A revisory change is also made in a reference to the
26 effective date of Public Act 94-677, which is replaced by the

 

 

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1 actual date.
2     In this Act, the base text of the reenacted Sections is set
3 forth as it existed at the time of the Supreme Court's
4 decision, including any amendments that occurred after P.A.
5 94-677. Striking and underscoring is used only to show the
6 changes being made to that base text.
7     (e) All otherwise lawful actions taken in reasonable
8 reliance on or pursuant to the Sections reenacted by this Act,
9 as set forth in Public Act 94-677 or subsequently amended, by
10 any officer, employee, agency, or unit of State or local
11 government or by any other person or entity, are hereby
12 validated.
13     With respect to actions taken in relation to matters
14 arising under the Sections reenacted by this Act, a person is
15 rebuttably presumed to have acted in reasonable reliance on and
16 pursuant to the provisions of Public Act 94-677, as those
17 provisions had been amended at the time the action was taken.
18      With respect to their administration of matters arising
19 under the Sections reenacted by this Act, officers, employees,
20 agencies, and units of State and local government shall
21 continue to apply the provisions of Public Act 94-677, as those
22 provisions had been amended at the relevant time.
23     (f) This Act also contains material making new substantive
24 changes:
25         (1) It amends Sections 2-1303 and 8-2006 of the Code of
26     Civil Procedure to lower the rate of interest payable on

 

 

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1     judgments; to provide for annual indexing of those rates;
2     and to delay the accrual of interest in certain cases where
3     a federal Medicare lien may exist against the judgment.
4         (2) It amends Section 2 of the Wrongful Death Act to
5     undo the changes made by Public Act 95-003: it removes a
6     reference to certain types of damages that may be included
7     in a jury award, and it restores certain historic
8     limitations on the amount of damages that may be awarded.
 
9     Section 5. The Illinois Insurance Code is amended by
10 reenacting and changing Sections 155.18, 155.18a, 155.19, and
11 1204 as follows:
 
12     (215 ILCS 5/155.18)  (from Ch. 73, par. 767.18)
13     Sec. 155.18. (a) This Section shall apply to insurance on
14 risks based upon negligence by a physician, hospital or other
15 health care provider, referred to herein as medical liability
16 insurance. This Section shall not apply to contracts of
17 reinsurance, nor to any farm, county, district or township
18 mutual insurance company transacting business under an Act
19 entitled "An Act relating to local mutual district, county and
20 township insurance companies", approved March 13, 1936, as now
21 or hereafter amended, nor to any such company operating under a
22 special charter.
23     (b) The following standards shall apply to the making and
24 use of rates pertaining to all classes of medical liability

 

 

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1 insurance:
2         (1) Rates shall not be excessive or inadequate nor
3     shall they be unfairly discriminatory.
4         (2) Consideration shall be given, to the extent
5     applicable, to past and prospective loss experience within
6     and outside this State, to a reasonable margin for
7     underwriting profit and contingencies, to past and
8     prospective expenses both countrywide and those especially
9     applicable to this State, and to all other factors,
10     including judgment factors, deemed relevant within and
11     outside this State.
12         Consideration may also be given in the making and use
13     of rates to dividends, savings or unabsorbed premium
14     deposits allowed or returned by companies to their
15     policyholders, members or subscribers.
16         (3) The systems of expense provisions included in the
17     rates for use by any company or group of companies may
18     differ from those of other companies or groups of companies
19     to reflect the operating methods of any such company or
20     group with respect to any kind of insurance, or with
21     respect to any subdivision or combination thereof.
22         (4) Risks may be grouped by classifications for the
23     establishment of rates and minimum premiums.
24     Classification rates may be modified to produce rates for
25     individual risks in accordance with rating plans which
26     establish standards for measuring variations in hazards or

 

 

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1     expense provisions, or both. Such standards may measure any
2     difference among risks that have a probable effect upon
3     losses or expenses. Such classifications or modifications
4     of classifications of risks may be established based upon
5     size, expense, management, individual experience, location
6     or dispersion of hazard, or any other reasonable
7     considerations and shall apply to all risks under the same
8     or substantially the same circumstances or conditions. The
9     rate for an established classification should be related
10     generally to the anticipated loss and expense factors of
11     the class.
12     (c) (1) Every company writing medical liability insurance
13 shall file with the Director of Insurance Secretary of
14 Financial and Professional Regulation the rates and rating
15 schedules it uses for medical liability insurance. A rate shall
16 go into effect upon filing, except as otherwise provided in
17 this Section.
18     (2) If (i) 1% of a company's insureds within a specialty or
19 25 of the company's insureds (whichever is greater) request a
20 public hearing, (ii) the Director Secretary at his or her
21 discretion decides to convene a public hearing, or (iii) the
22 percentage increase in a company's rate is greater than 6%,
23 then the Director Secretary shall convene a public hearing in
24 accordance with this paragraph (2). The Director Secretary
25 shall notify the public of any application by an insurer for a
26 rate increase to which this paragraph (2) applies. A public

 

 

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1 hearing under this paragraph (2) must be concluded within 90
2 days after the request, decision, or increase that gave rise to
3 the hearing. The Director Secretary may, by order, adjust a
4 rate or take any other appropriate action at the conclusion of
5 the hearing.
6     (3) A rate filing shall occur upon a company's commencement
7 of medical liability insurance business in this State and
8 thereafter as often as the rates are changed or amended.
9     (4) For the purposes of this Section, any change in premium
10 to the company's insureds as a result of a change in the
11 company's base rates or a change in its increased limits
12 factors shall constitute a change in rates and shall require a
13 filing with the Director Secretary.
14     (5) It shall be certified in such filing by an officer of
15 the company and a qualified actuary that the company's rates
16 are based on sound actuarial principles and are not
17 inconsistent with the company's experience. The Director
18 Secretary may request any additional statistical data and other
19 pertinent information necessary to determine the manner the
20 company used to set the filed rates and the reasonableness of
21 those rates. This data and information shall be made available,
22 on a company-by-company basis, to the general public.
23     (d) If after a public hearing the Director Secretary finds:
24         (1) that any rate, rating plan or rating system
25     violates the provisions of this Section applicable to it,
26     he shall issue an order to the company which has been the

 

 

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1     subject of the hearing specifying in what respects such
2     violation exists and, in that order, may adjust the rate;
3         (2) that the violation of any of the provisions of this
4     Section by any company which has been the subject of the
5     hearing was wilful or that any company has repeatedly
6     violated any provision of this Section, he may take either
7     or both of the following actions:
8             (A) Suspend or revoke, in whole or in part, the
9         certificate of authority of such company with respect
10         to the class of insurance which has been the subject of
11         the hearing.
12             (B) Impose a penalty of up to $1,000 against the
13         company for each violation. Each day during which a
14         violation occurs constitutes a separate violation.
15     The burden is on the company to justify the rate or
16 proposed rate at the public hearing.
17     (e) Every company writing medical liability insurance in
18 this State shall offer to each of its medical liability
19 insureds the option to make premium payments in quarterly
20 installments as prescribed by and filed with the Director
21 Secretary. This offer shall be included in the initial offer or
22 in the first policy renewal occurring after August 25, 2005 the
23 effective date of this amendatory Act of the 94th General
24 Assembly, but no earlier than January 1, 2006.
25     (f) Every company writing medical liability insurance is
26 encouraged, but not required, to offer the opportunity for

 

 

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1 participation in a plan offering deductibles to its medical
2 liability insureds. Any plan to offer deductibles shall be
3 filed with the Department.
4     (g) Every company writing medical liability insurance is
5 encouraged, but not required, to offer their medical liability
6 insureds a plan providing premium discounts for participation
7 in risk management activities. Any such plan shall be reported
8 to the Department.
9     (h) A company writing medical liability insurance in
10 Illinois must give 180 days' notice before the company
11 discontinues the writing of medical liability insurance in
12 Illinois.
13 (Source: P.A. 94-677, eff. 8-25-05.)
 
14     (215 ILCS 5/155.18a)
15     Sec. 155.18a. Professional Liability Insurance Resource
16 Center. The Director of Insurance Secretary of Financial and
17 Professional Regulation shall establish a Professional
18 Liability Insurance Resource Center on the Department's
19 Internet website containing the name, telephone number, and
20 base rates of each licensed company providing medical liability
21 insurance and the name, address, and telephone number of each
22 producer who sells medical liability insurance and the name of
23 each licensed company for which the producer sells medical
24 liability insurance. Each company and producer shall submit the
25 information to the Department on or before September 30 of each

 

 

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1 year in order to be listed on the website. Hyperlinks to
2 company websites shall be included, if available. The
3 publication of the information on the Department's website
4 shall commence on January 1, 2006. The Department shall update
5 the information on the Professional Liability Insurance
6 Resource Center at least annually.
7 (Source: P.A. 94-677, eff. 8-25-05.)
 
8     (215 ILCS 5/155.19)  (from Ch. 73, par. 767.19)
9     Sec. 155.19. All claims filed after December 31, 1976 with
10 any insurer and all suits filed after December 31, 1976 in any
11 court in this State, alleging liability on the part of any
12 physician, hospital or other health care provider for medically
13 related injuries, shall be reported to the Director of
14 Insurance Secretary of Financial and Professional Regulation
15 in such form and under such terms and conditions as may be
16 prescribed by the Director Secretary. In addition, and
17 notwithstanding any other provision of law to the contrary, any
18 insurer, stop loss insurer, captive insurer, risk retention
19 group, county risk retention trust, religious or charitable
20 risk pooling trust, surplus line insurer, or other entity
21 authorized or permitted by law to provide medical liability
22 insurance in this State shall report to the Director Secretary,
23 in such form and under such terms and conditions as may be
24 prescribed by the Director Secretary, all claims filed after
25 December 31, 2005 and all suits filed after December 31, 2005

 

 

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1 in any court in this State alleging liability on the part of
2 any physician, hospital, or health care provider for medically
3 related injuries. Each clerk of the circuit court shall provide
4 to the Director Secretary such information as the Director
5 Secretary may deem necessary to verify the accuracy and
6 completeness of reports made to the Director Secretary under
7 this Section. The Director Secretary shall maintain complete
8 and accurate records of all claims and suits including their
9 nature, amount, disposition (categorized by verdict,
10 settlement, dismissal, or otherwise and including disposition
11 of any post-trial motions and types of damages awarded, if any,
12 including but not limited to economic damages and non-economic
13 damages) and other information as he may deem useful or
14 desirable in observing and reporting on health care provider
15 liability trends in this State. Records received by the
16 Director Secretary under this Section shall be available to the
17 general public; however, the records made available to the
18 general public shall not include the names or addresses of the
19 parties to any claims or suits. The Director Secretary shall
20 release to appropriate disciplinary and licensing agencies any
21 such data or information which may assist such agencies in
22 improving the quality of health care or which may be useful to
23 such agencies for the purpose of professional discipline.
24     With due regard for appropriate maintenance of the
25 confidentiality thereof, the Director Secretary shall release,
26 on an annual basis, to the Governor, the General Assembly and

 

 

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1 the general public statistical reports based on such data and
2 information.
3     If the Director Secretary finds that any entity required to
4 report information in its possession under this Section has
5 violated any provision of this Section by filing late,
6 incomplete, or inaccurate reports, the Director Secretary may
7 fine the entity up to $1,000 for each offense. Each day during
8 which a violation occurs constitutes a separate offense.
9     The Director Secretary may promulgate such rules and
10 regulations as may be necessary to carry out the provisions of
11 this Section.
12 (Source: P.A. 94-677, eff. 8-25-05.)
 
13     (215 ILCS 5/1204)  (from Ch. 73, par. 1065.904)
14     Sec. 1204. (A) The Director Secretary shall promulgate
15 rules and regulations which shall require each insurer licensed
16 to write property or casualty insurance in the State and each
17 syndicate doing business on the Illinois Insurance Exchange to
18 record and report its loss and expense experience and other
19 data as may be necessary to assess the relationship of
20 insurance premiums and related income as compared to insurance
21 costs and expenses. The Director Secretary may designate one or
22 more rate service organizations or advisory organizations to
23 gather and compile such experience and data. The Director
24 Secretary shall require each insurer licensed to write property
25 or casualty insurance in this State and each syndicate doing

 

 

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1 business on the Illinois Insurance Exchange to submit a report,
2 on a form furnished by the Director Secretary, showing its
3 direct writings in this State and companywide.
4     (B) Such report required by subsection (A) of this Section
5 may include, but not be limited to, the following specific
6 types of insurance written by such insurer:
7         (1) Political subdivision liability insurance reported
8     separately in the following categories:
9             (a) municipalities;
10             (b) school districts;
11             (c) other political subdivisions;
12         (2) Public official liability insurance;
13         (3) Dram shop liability insurance;
14         (4) Day care center liability insurance;
15         (5) Labor, fraternal or religious organizations
16     liability insurance;
17         (6) Errors and omissions liability insurance;
18         (7) Officers and directors liability insurance
19     reported separately as follows:
20             (a) non-profit entities;
21             (b) for-profit entities;
22         (8) Products liability insurance;
23         (9) Medical malpractice insurance;
24         (10) Attorney malpractice insurance;
25         (11) Architects and engineers malpractice insurance;
26     and

 

 

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1         (12) Motor vehicle insurance reported separately for
2     commercial and private passenger vehicles as follows:
3             (a) motor vehicle physical damage insurance;
4             (b) motor vehicle liability insurance.
5     (C) Such report may include, but need not be limited to the
6 following data, both specific to this State and companywide, in
7 the aggregate or by type of insurance for the previous year on
8 a calendar year basis:
9         (1) Direct premiums written;
10         (2) Direct premiums earned;
11         (3) Number of policies;
12         (4) Net investment income, using appropriate estimates
13     where necessary;
14         (5) Losses paid;
15         (6) Losses incurred;
16         (7) Loss reserves:
17             (a) Losses unpaid on reported claims;
18             (b) Losses unpaid on incurred but not reported
19         claims;
20         (8) Number of claims:
21             (a) Paid claims;
22             (b) Arising claims;
23         (9) Loss adjustment expenses:
24             (a) Allocated loss adjustment expenses;
25             (b) Unallocated loss adjustment expenses;
26         (10) Net underwriting gain or loss;

 

 

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1         (11) Net operation gain or loss, including net
2     investment income;
3         (12) Any other information requested by the Director
4     Secretary.
5     (C-3) Additional information by an advisory organization
6 as defined in Section 463 of this Code.
7         (1) An advisory organization as defined in Section 463
8     of this Code shall report annually the following
9     information in such format as may be prescribed by the
10     Director Secretary:
11             (a) paid and incurred losses for each of the past
12         10 years;
13             (b) medical payments and medical charges, if
14         collected, for each of the past 10 years;
15             (c) the following indemnity payment information:
16         cumulative payments by accident year by calendar year
17         of development. This array will show payments made and
18         frequency of claims in the following categories:
19         medical only, permanent partial disability (PPD),
20         permanent total disability (PTD), temporary total
21         disability (TTD), and fatalities;
22             (d) injuries by frequency and severity;
23             (e) by class of employee.
24         (2) The report filed with the Director Secretary of
25     Financial and Professional Regulation under paragraph (1)
26     of this subsection (C-3) shall be made available, on an

 

 

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1     aggregate basis, to the General Assembly and to the general
2     public. The identity of the petitioner, the respondent, the
3     attorneys, and the insurers shall not be disclosed.
4         (3) Reports required under this subsection (C-3) shall
5     be filed with the Director Secretary no later than
6     September 1 in 2006 and no later than September 1 of each
7     year thereafter.
8     (C-5) Additional information required from medical
9 malpractice insurers.
10         (1) In addition to the other requirements of this
11     Section, the following information shall be included in the
12     report required by subsection (A) of this Section in such
13     form and under such terms and conditions as may be
14     prescribed by the Director Secretary:
15             (a) paid and incurred losses by county for each of
16         the past 10 policy years;
17             (b) earned exposures by ISO code, policy type, and
18         policy year by county for each of the past 10 years;
19         and
20             (c) the following actuarial information:
21                 (i) Base class and territory equivalent
22             exposures by report year by relative accident
23             year.
24                 (ii) Cumulative loss array by accident year by
25             calendar year of development. This array will show
26             frequency of claims in the following categories:

 

 

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1             open, closed with indemnity (CWI), closed with
2             expense (CWE), and closed no pay (CNP); paid
3             severity in the following categories: indemnity
4             and allocated loss adjustment expenses (ALAE) on
5             closed claims; and indemnity and expense reserves
6             on pending claims.
7                 (iii) Cumulative loss array by report year by
8             calendar year of development. This array will show
9             frequency of claims in the following categories:
10             open, closed with indemnity (CWI), closed with
11             expense (CWE), and closed no pay (CNP); paid
12             severity in the following categories: indemnity
13             and allocated loss adjustment expenses (ALAE) on
14             closed claims; and indemnity and expense reserves
15             on pending claims.
16                 (iv) Maturity year and tail factors.
17                 (v) Any expense, contingency ddr (death,
18             disability, and retirement), commission, tax,
19             and/or off-balance factors.
20         (2) The following information must also be annually
21     provided to the Department:
22             (a) copies of the company's reserve and surplus
23         studies; and
24             (b) consulting actuarial report and data
25         supporting the company's rate filing.
26         (3) All information collected by the Director

 

 

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1     Secretary under paragraphs (1) and (2) shall be made
2     available, on a company-by-company basis, to the General
3     Assembly and the general public. This provision shall
4     supersede any other provision of State law that may
5     otherwise protect such information from public disclosure
6     as confidential.
7     (D) In addition to the information which may be requested
8 under subsection (C), the Director Secretary may also request
9 on a companywide, aggregate basis, Federal Income Tax
10 recoverable, net realized capital gain or loss, net unrealized
11 capital gain or loss, and all other expenses not requested in
12 subsection (C) above.
13     (E) Violations - Suspensions - Revocations.
14         (1) Any company or person subject to this Article, who
15     willfully or repeatedly fails to observe or who otherwise
16     violates any of the provisions of this Article or any rule
17     or regulation promulgated by the Director Secretary under
18     authority of this Article or any final order of the
19     Director Secretary entered under the authority of this
20     Article shall by civil penalty forfeit to the State of
21     Illinois a sum not to exceed $2,000. Each day during which
22     a violation occurs constitutes a separate offense.
23         (2) No forfeiture liability under paragraph (1) of this
24     subsection may attach unless a written notice of apparent
25     liability has been issued by the Director Secretary and
26     received by the respondent, or the Director Secretary sends

 

 

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1     written notice of apparent liability by registered or
2     certified mail, return receipt requested, to the last known
3     address of the respondent. Any respondent so notified must
4     be granted an opportunity to request a hearing within 10
5     days from receipt of notice, or to show in writing, why he
6     should not be held liable. A notice issued under this
7     Section must set forth the date, facts and nature of the
8     act or omission with which the respondent is charged and
9     must specifically identify the particular provision of
10     this Article, rule, regulation or order of which a
11     violation is charged.
12         (3) No forfeiture liability under paragraph (1) of this
13     subsection may attach for any violation occurring more than
14     2 years prior to the date of issuance of the notice of
15     apparent liability and in no event may the total civil
16     penalty forfeiture imposed for the acts or omissions set
17     forth in any one notice of apparent liability exceed
18     $100,000.
19         (4) All administrative hearings conducted pursuant to
20     this Article are subject to 50 Ill. Adm. Code 2402 and all
21     administrative hearings are subject to the Administrative
22     Review Law.
23         (5) The civil penalty forfeitures provided for in this
24     Section are payable to the General Revenue Fund of the
25     State of Illinois, and may be recovered in a civil suit in
26     the name of the State of Illinois brought in the Circuit

 

 

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1     Court in Sangamon County or in the Circuit Court of the
2     county where the respondent is domiciled or has its
3     principal operating office.
4         (6) In any case where the Director Secretary issues a
5     notice of apparent liability looking toward the imposition
6     of a civil penalty forfeiture under this Section that fact
7     may not be used in any other proceeding before the Director
8     Secretary to the prejudice of the respondent to whom the
9     notice was issued, unless (a) the civil penalty forfeiture
10     has been paid, or (b) a court has ordered payment of the
11     civil penalty forfeiture and that order has become final.
12         (7) When any person or company has a license or
13     certificate of authority under this Code and knowingly
14     fails or refuses to comply with a lawful order of the
15     Director Secretary requiring compliance with this Article,
16     entered after notice and hearing, within the period of time
17     specified in the order, the Director Secretary may, in
18     addition to any other penalty or authority provided, revoke
19     or refuse to renew the license or certificate of authority
20     of such person or company, or may suspend the license or
21     certificate of authority of such person or company until
22     compliance with such order has been obtained.
23         (8) When any person or company has a license or
24     certificate of authority under this Code and knowingly
25     fails or refuses to comply with any provisions of this
26     Article, the Director Secretary may, after notice and

 

 

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1     hearing, in addition to any other penalty provided, revoke
2     or refuse to renew the license or certificate of authority
3     of such person or company, or may suspend the license or
4     certificate of authority of such person or company, until
5     compliance with such provision of this Article has been
6     obtained.
7         (9) No suspension or revocation under this Section may
8     become effective until 5 days from the date that the notice
9     of suspension or revocation has been personally delivered
10     or delivered by registered or certified mail to the company
11     or person. A suspension or revocation under this Section is
12     stayed upon the filing, by the company or person, of a
13     petition for judicial review under the Administrative
14     Review Law.
15 (Source: P.A. 94-277, eff. 7-20-05; 94-677, eff. 8-25-05;
16 95-331, eff. 8-21-07.)
 
17     Section 10. The Code of Civil Procedure is amended by
18 reenacting and changing Sections 2-622, 2-1704.5, 8-1901, and
19 8-2501 and by changing Sections 2-1303 and 8-2006 as follows:
 
20     (735 ILCS 5/2-622)  (from Ch. 110, par. 2-622)
21     Sec. 2-622. Healing art malpractice.
22     (a) In any action, whether in tort, contract or otherwise,
23 in which the plaintiff seeks damages for injuries or death by
24 reason of medical, hospital, or other healing art malpractice,

 

 

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1 the plaintiff's attorney or the plaintiff, if the plaintiff is
2 proceeding pro se, shall file an affidavit, attached to the
3 original and all copies of the complaint, declaring one of the
4 following:
5         1. That the affiant has consulted and reviewed the
6     facts of the case with a health professional who the
7     affiant reasonably believes: (i) is knowledgeable in the
8     relevant issues involved in the particular action; (ii)
9     practices or has practiced within the last 5 years or
10     teaches or has taught within the last 5 years in the same
11     area of health care or medicine that is at issue in the
12     particular action; and (iii) meets the expert witness
13     standards set forth in paragraphs (a) through (d) of
14     Section 8-2501; that the reviewing health professional has
15     determined in a written report, after a review of the
16     medical record and other relevant material involved in the
17     particular action that there is a reasonable and
18     meritorious cause for the filing of such action; and that
19     the affiant has concluded on the basis of the reviewing
20     health professional's review and consultation that there
21     is a reasonable and meritorious cause for filing of such
22     action. A single written report must be filed to cover each
23     defendant in the action. As to defendants who are
24     individuals, the written report must be from a health
25     professional licensed in the same profession, with the same
26     class of license, as the defendant. For written reports

 

 

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1     filed as to all other defendants, who are not individuals,
2     the written report must be from a physician licensed to
3     practice medicine in all its branches who is qualified by
4     experience with the standard of care, methods, procedures
5     and treatments relevant to the allegations at issue in the
6     case. In either event, the written report must identify the
7     profession of the reviewing health professional. A copy of
8     the written report, clearly identifying the plaintiff and
9     the reasons for the reviewing health professional's
10     determination that a reasonable and meritorious cause for
11     the filing of the action exists, including the reviewing
12     health care professional's name, address, current license
13     number, and state of licensure, must be attached to the
14     affidavit. Information regarding the preparation of a
15     written report by the reviewing health professional shall
16     not be used to discriminate against that professional in
17     the issuance of medical liability insurance or in the
18     setting of that professional's medical liability insurance
19     premium. No professional organization may discriminate
20     against a reviewing health professional on the basis that
21     the reviewing health professional has prepared a written
22     report.
23         2. That the affiant was unable to obtain a consultation
24     required by paragraph 1 because a statute of limitations
25     would impair the action and the consultation required could
26     not be obtained before the expiration of the statute of

 

 

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1     limitations. If an affidavit is executed pursuant to this
2     paragraph, the affidavit and written report required by
3     paragraph 1 shall be filed within 90 days after the filing
4     of the complaint. No additional 90-day extensions pursuant
5     to this paragraph shall be granted, except where there has
6     been a withdrawal of the plaintiff's counsel. The defendant
7     shall be excused from answering or otherwise pleading until
8     30 days after being served with an affidavit and a report
9     required by paragraph 1.
10         3. That a request has been made by the plaintiff or his
11     attorney for examination and copying of records pursuant to
12     Part 20 of Article VIII of this Code and the party required
13     to comply under those Sections has failed to produce such
14     records within 60 days of the receipt of the request. If an
15     affidavit is executed pursuant to this paragraph, the
16     affidavit and written report required by paragraph 1 shall
17     be filed within 90 days following receipt of the requested
18     records. All defendants except those whose failure to
19     comply with Part 20 of Article VIII of this Code is the
20     basis for an affidavit under this paragraph shall be
21     excused from answering or otherwise pleading until 30 days
22     after being served with the affidavit and report required
23     by paragraph 1.
24     (b) Where an affidavit and written report are required
25 pursuant to this Section a separate affidavit and written
26 report shall be filed as to each defendant who has been named

 

 

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1 in the complaint and shall be filed as to each defendant named
2 at a later time.
3     (c) Where the plaintiff intends to rely on the doctrine of
4 "res ipsa loquitur", as defined by Section 2-1113 of this Code,
5 the affidavit and written report must state that, in the
6 opinion of the reviewing health professional, negligence has
7 occurred in the course of medical treatment. The affiant shall
8 certify upon filing of the complaint that he is relying on the
9 doctrine of "res ipsa loquitur".
10     (d) When the attorney intends to rely on the doctrine of
11 failure to inform of the consequences of the procedure, the
12 attorney shall certify upon the filing of the complaint that
13 the reviewing health professional has, after reviewing the
14 medical record and other relevant materials involved in the
15 particular action, concluded that a reasonable health
16 professional would have informed the patient of the
17 consequences of the procedure.
18     (e) Allegations and denials in the affidavit, made without
19 reasonable cause and found to be untrue, shall subject the
20 party pleading them or his attorney, or both, to the payment of
21 reasonable expenses, actually incurred by the other party by
22 reason of the untrue pleading, together with reasonable
23 attorneys' fees to be summarily taxed by the court upon motion
24 made within 30 days of the judgment or dismissal. In no event
25 shall the award for attorneys' fees and expenses exceed those
26 actually paid by the moving party, including the insurer, if

 

 

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1 any. In proceedings under this paragraph (e), the moving party
2 shall have the right to depose and examine any and all
3 reviewing health professionals who prepared reports used in
4 conjunction with an affidavit required by this Section.
5     (f) A reviewing health professional who in good faith
6 prepares a report used in conjunction with an affidavit
7 required by this Section shall have civil immunity from
8 liability which otherwise might result from the preparation of
9 such report.
10     (g) The failure of the plaintiff to file an affidavit and
11 report in compliance with this Section shall be grounds for
12 dismissal under Section 2-619.
13      (h) This Section does not apply to or affect any actions
14 pending at the time of its effective date, but applies to cases
15 filed on or after its effective date.
16      (i) This amendatory Act of 1997 does not apply to or
17 affect any actions pending at the time of its effective date,
18 but applies to cases filed on or after its effective date.
19     (j) The changes to this Section made by Public Act 94-677
20 and reenacted by this amendatory Act of the 94th General
21 Assembly apply to causes of action accruing on or after August
22 25, 2005, as those changes may be amended from time to time its
23 effective date.
24 (Source: P.A. 94-677, eff. 8-25-05.)
 
25     (735 ILCS 5/2-1303)  (from Ch. 110, par. 2-1303)

 

 

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1     Sec. 2-1303. Interest on judgment.
2     (a) Judgments recovered in any court shall draw interest at
3 the rate of 3% 9% per annum from the date of the judgment until
4 satisfied or 1% 6% per annum when the judgment debtor is a unit
5 of local government, as defined in Section 1 of Article VII of
6 the Constitution, a school district, a community college
7 district, or any other governmental entity. The interest rate
8 shall be increased or decreased in accordance with the
9 provisions of Section 8-2006. When judgment is entered upon any
10 award, report or verdict, interest shall be computed at the
11 above rate, from the time when made or rendered to the time of
12 entering judgment upon the same, and included in the judgment,
13 except as provided in subsection (b) of this Section. Interest
14 shall be computed and charged only on the unsatisfied portion
15 of the judgment as it exists from time to time. The judgment
16 debtor may by tender of payment of judgment, costs and interest
17 accrued to the date of tender, stop the further accrual of
18 interest on such judgment notwithstanding the prosecution of an
19 appeal, or other steps to reverse, vacate or modify the
20 judgment.
21     (b) In cases where a federal Medicare lien may exist
22 against the judgment, this statutory interest shall be computed
23 from the day after the federal Medicare program provides
24 confirmation of any lien against the judgment.
25 (Source: P.A. 85-907.)
 

 

 

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1     (735 ILCS 5/2-1704.5)
2     Sec. 2-1704.5. Guaranteed payment of future medical
3 expenses and costs of life care.
4     (a) At any time, but no later than 5 days after a verdict
5 in the plaintiff's favor for a plaintiff's future medical
6 expenses and costs of life care is reached, either party in a
7 medical malpractice action may elect, or the court may enter an
8 order, to have the payment of the plaintiff's future medical
9 expenses and costs of life care made under this Section.
10     (b) In all cases in which a defendant in a medical
11 malpractice action is found liable for the plaintiff's future
12 medical expenses and costs of care, the trier of fact shall
13 make the following findings based on evidence presented at
14 trial:
15         (1) the present cash value of the plaintiff's future
16     medical expenses and costs of life care;
17         (2) the current year annual cost of the plaintiff's
18     future medical expenses and costs of life care; and
19         (3) the annual composite rate of inflation that should
20     be applied to the costs specified in item (2).
21     Based upon evidence presented at trial, the trier of fact
22 may also vary the amount of future costs under this Section
23 from year to year to account for different annual expenditures,
24 including the immediate medical and life care needs of the
25 plaintiff. The jury shall not be informed of an election to pay
26 for future medical expenses and costs of life care by

 

 

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1 purchasing an annuity.
2     (c) When an election is made to pay for future medical
3 expenses and costs of life care by purchasing an annuity, the
4 court shall enter a judgment ordering that the defendant pay
5 the plaintiff an amount equal to 20% of the present cash value
6 of future medical expenses and cost of life care determined
7 under subsection (b)(1) of this Section and ordering that the
8 remaining future expenses and costs be paid by the purchase of
9 an annuity by or on behalf of the defendant from a company that
10 has itself, or is irrevocably supported financially by a
11 company that has, at least 2 of the following 4 ratings: "A+ X"
12 or higher from A.M. Best Company; "AA-" or higher from Standard &
13 Poor's; "Aa3" or higher from Moody's; and "AA-" or higher
14 from Fitch. The annuity must guarantee that the plaintiff will
15 receive annual payments equal to 80% of the amount determined
16 in subsection (b)(2) inflated by the rate determined in
17 subsection (b)(3) for the life of the plaintiff.
18     (d) If the company providing the annuity becomes unable to
19 pay amounts required by the annuity, the defendant shall secure
20 a replacement annuity for the remainder of the plaintiff's life
21 from a company that satisfies the requirements of subsection
22 (c).
23     (e) A plaintiff receiving future payments by means of an
24 annuity under this Section may seek leave of court to assign or
25 otherwise transfer the right to receive such payments in
26 exchange for a negotiated lump sum value of the remaining

 

 

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1 future payments or any portion of the remaining future payments
2 under the annuity to address an unanticipated financial
3 hardship under such terms as approved by the court.
4     (f) This Section applies to all causes of action accruing
5 on or after August 25, 2005 the effective date of this
6 amendatory Act of the 94th General Assembly.
7 (Source: P.A. 94-677, eff. 8-25-05.)
 
8     (735 ILCS 5/8-1901)  (from Ch. 110, par. 8-1901)
9     Sec. 8-1901. Admission of liability - Effect.
10     (a) The providing of, or payment for, medical, surgical,
11 hospital, or rehabilitation services, facilities, or equipment
12 by or on behalf of any person, or the offer to provide, or pay
13 for, any one or more of the foregoing, shall not be construed
14 as an admission of any liability by such person or persons.
15 Testimony, writings, records, reports or information with
16 respect to the foregoing shall not be admissible in evidence as
17 an admission of any liability in any action of any kind in any
18 court or before any commission, administrative agency, or other
19 tribunal in this State, except at the instance of the person or
20 persons so making any such provision, payment or offer.
21     (b) Any expression of grief, apology, or explanation
22 provided by a health care provider, including, but not limited
23 to, a statement that the health care provider is "sorry" for
24 the outcome to a patient, the patient's family, or the
25 patient's legal representative about an inadequate or

 

 

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1 unanticipated treatment or care outcome that is provided within
2 72 hours of when the provider knew or should have known of the
3 potential cause of such outcome shall not be admissible as
4 evidence in any action of any kind in any court or before any
5 tribunal, board, agency, or person. The disclosure of any such
6 information, whether proper, or improper, shall not waive or
7 have any effect upon its confidentiality or inadmissibility. As
8 used in this Section, a "health care provider" is any hospital,
9 nursing home or other facility, or employee or agent thereof, a
10 physician, or other licensed health care professional. Nothing
11 in this Section precludes the discovery or admissibility of any
12 other facts regarding the patient's treatment or outcome as
13 otherwise permitted by law.
14     (c) The changes to this Section made by Public Act 94-677
15 and reenacted by this amendatory Act of the 96th 94th General
16 Assembly apply to causes of action accruing on or after August
17 25, 2005, as those changes may be amended from time to time its
18 effective date.
19 (Source: P.A. 94-677, eff. 8-25-05.)
 
20     (735 ILCS 5/8-2006)
21     Sec. 8-2006. Copying fees and interest rates; adjustment
22 for inflation. Every Beginning in 2003, every January 20, the
23 copying fee limits established in Sections 8-2001 and 8-2005
24 and the interest rates established in Section 2-1303 shall
25 automatically be increased or decreased, as applicable, by a

 

 

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1 percentage equal to the percentage change in the consumer price
2 index-u during the preceding 12-month calendar year. "Consumer
3 price index-u" means the index published by the Bureau of Labor
4 Statistics of the United States Department of Labor that
5 measures the average change in prices of goods and services
6 purchased by all urban consumers, United States city average,
7 all items, 1982-84 = 100. The new amount resulting from each
8 annual adjustment shall be determined by the Comptroller and
9 made available to the public via the Comptroller's official
10 website by January 31 of every year.
11 (Source: P.A. 94-982, eff. 6-30-06; 95-478, eff. 1-1-08
12 (changed from 8-27-07 by P.A. 95-480).)
 
13     (735 ILCS 5/8-2501)  (from Ch. 110, par. 8-2501)
14     Sec. 8-2501. Expert Witness Standards. In any case in which
15 the standard of care applicable to a medical professional is at
16 issue, the court shall apply the following standards to
17 determine if a witness qualifies as an expert witness and can
18 testify on the issue of the appropriate standard of care.
19     (a) Whether the witness is board certified or board
20 eligible, or has completed a residency, in the same or
21 substantially similar medical specialties as the defendant and
22 is otherwise qualified by significant experience with the
23 standard of care, methods, procedures, and treatments relevant
24 to the allegations against the defendant;
25     (b) Whether the witness has devoted a majority of his or

 

 

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1 her work time to the practice of medicine, teaching or
2 University based research in relation to the medical care and
3 type of treatment at issue which gave rise to the medical
4 problem of which the plaintiff complains;
5     (c) whether the witness is licensed in the same profession
6 with the same class of license as the defendant if the
7 defendant is an individual; and
8     (d) whether, in the case against a nonspecialist, the
9 witness can demonstrate a sufficient familiarity with the
10 standard of care practiced in this State.
11     An expert shall provide evidence of active practice,
12 teaching, or engaging in university-based research. If
13 retired, an expert must provide evidence of attendance and
14 completion of continuing education courses for 3 years previous
15 to giving testimony. An expert who has not actively practiced,
16 taught, or been engaged in university-based research, or any
17 combination thereof, during the preceding 5 years may not be
18 qualified as an expert witness.
19     The changes to this Section made by Public Act 94-677 and
20 reenacted by this amendatory Act of the 96th 94th General
21 Assembly apply to causes of action accruing on or after August
22 25, 2005, as those changes may be amended from time to time its
23 effective date.
24 (Source: P.A. 94-677, eff. 8-25-05.)
 
25     Section 15. The Wrongful Death Act is amended by changing

 

 

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1 Section 2 as follows:
 
2     (740 ILCS 180/2)  (from Ch. 70, par. 2)
3     Sec. 2. Every such action shall be brought by and in the
4 names of the personal representatives of such deceased person,
5 and, except as otherwise hereinafter provided, the amount
6 recovered in every such action shall be for the exclusive
7 benefit of the surviving spouse and next of kin of such
8 deceased person and in . In every such action the jury may give
9 such damages as they shall deem a fair and just compensation
10 with reference to the pecuniary injuries resulting from such
11 death, including damages for grief, sorrow, and mental
12 suffering, to the surviving spouse and next of kin of such
13 deceased person.
14     In every such action, the jury shall determine the amount
15 of damages to be recovered without regard to and with no
16 special instruction as to the dollar limits on recovery imposed
17 by this Section. In no event shall the judgment entered upon
18 such verdict exceed $20,000 where such death occurred prior to
19 July 14, 1955, and not exceeding $25,000 where such death
20 occurred on or after July 14, 1955 and prior to July 8, 1957,
21 and not exceeding $30,000 where such death occurs on or after
22 July 8, 1957 and prior to the effective date of this amendatory
23 Act of 1967, and without limitation where such death occurs on
24 or after the effective date of this amendatory Act of 1967
25 (August 18, 1967).

 

 

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1     The amount recovered in any such action shall be
2 distributed by the court in which the cause is heard or, in the
3 case of an agreed settlement, by the circuit court, to each of
4 the surviving spouse and next of kin of such deceased person in
5 the proportion, as determined by the court, that the percentage
6 of dependency of each such person upon the deceased person
7 bears to the sum of the percentages of dependency of all such
8 persons upon the deceased person.
9     Where the deceased person left no surviving spouse or next
10 of kin entitled to recovery, the damages shall, subject to the
11 following limitations inure, to the exclusive benefit of the
12 following persons, or any one or more of them:
13     (a) to the person or persons furnishing hospitalization or
14 hospital services in connection with the last illness or injury
15 of the deceased person, not exceeding $450;
16     (b) to the person or persons furnishing medical or surgical
17 services in connection with such last illness or injury, not
18 exceeding $450;
19     (c) to the personal representatives, as such, for the costs
20 and expenses of administering the estate and prosecuting or
21 compromising the action, including a reasonable attorney's
22 fee. In any such case the measure of damages to be recovered
23 shall be the total of the reasonable value of such
24 hospitalization or hospital service, medical and surgical
25 services, funeral expenses, and such costs and expenses of
26 administration, including attorney fees, not exceeding the

 

 

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1 foregoing limitations for each class of such expenses and not
2 exceeding $900 plus a reasonable attorney's fee.
3     Every such action shall be commenced within 2 years after
4 the death of such person but an action against a defendant
5 arising from a crime committed by the defendant in whose name
6 an escrow account was established under the "Criminal Victims'
7 Escrow Account Act" shall be commenced within 2 years after the
8 establishment of such account. For the purposes of this Section
9 2, next of kin includes an adopting parent and an adopted
10 child, and they shall be treated as a natural parent and a
11 natural child, respectively. However, if a person entitled to
12 recover benefits under this Act, is, at the time the cause of
13 action accrued, within the age of 18 years, he or she may cause
14 such action to be brought within 2 years after attainment of
15 the age of 18.
16     In any such action to recover damages, it shall not be a
17 defense that the death was caused in whole or in part by the
18 contributory negligence of one or more of the beneficiaries on
19 behalf of whom the action is brought, but the amount of damages
20 given shall be reduced in the following manner.
21     The trier of fact shall first determine the decedent's
22 contributory fault in accordance with Sections 2-1116 and
23 2-1107.1 of the Code of Civil Procedure. Recovery of damages
24 shall be barred or diminished accordingly. The trier of fact
25 shall then determine the contributory fault, if any, of each
26 beneficiary on behalf of whom the action was brought:

 

 

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1         (1) Where the trier of fact finds that the contributory
2     fault of a beneficiary on whose behalf the action is
3     brought is not more than 50% of the proximate cause of the
4     wrongful death of the decedent, then the damages allowed to
5     that beneficiary shall be diminished in proportion to the
6     contributory fault attributed to that beneficiary. The
7     amount of the reduction shall not be payable by any
8     defendant.
9         (2) Where the trier of fact finds that the contributory
10     fault of a beneficiary on whose behalf the action is
11     brought is more than 50% of the proximate cause of the
12     wrongful death of the decedent, then the beneficiary shall
13     be barred from recovering damages and the amount of damages
14     which would have been payable to that beneficiary, but for
15     the beneficiary's contributory fault, shall not inure to
16     the benefit of the remaining beneficiaries and shall not be
17     payable by any defendant.
18     The trial judge shall conduct a hearing to determine the
19 degree of dependency of each beneficiary upon the decedent. The
20 trial judge shall calculate the amount of damages to be awarded
21 each beneficiary, taking into account any reduction arising
22 from either the decedent's or the beneficiary's contributory
23 fault.
24     This amendatory Act of the 91st General Assembly applies to
25 all actions pending on or filed after the effective date of
26 this amendatory Act.

 

 

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1     This amendatory Act of the 95th General Assembly applies to
2 causes of actions accruing on or after its effective date.
3     This amendatory Act of the 96th General Assembly applies to
4 causes of actions accruing on or after its effective date.
5 (Source: P.A. 95-3, eff. 5-31-07.)
 
6     Section 20. The Good Samaritan Act is amended by reenacting
7 and changing Section 30 as follows:
 
8     (745 ILCS 49/30)
9     Sec. 30. Free medical clinic; exemption from civil
10 liability for services performed without compensation.
11     (a) A person licensed under the Medical Practice Act of
12 1987, a person licensed to practice the treatment of human
13 ailments in any other state or territory of the United States,
14 or a health care professional, including but not limited to an
15 advanced practice nurse, retired physician, physician
16 assistant, nurse, pharmacist, physical therapist, podiatrist,
17 or social worker licensed in this State or any other state or
18 territory of the United States, who, in good faith, provides
19 medical treatment, diagnosis, or advice as a part of the
20 services of an established free medical clinic providing care,
21 including but not limited to home visits, without charge to
22 patients which is limited to care that does not require the
23 services of a licensed hospital or ambulatory surgical
24 treatment center and who receives no fee or compensation from

 

 

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1 that source shall not be liable for civil damages as a result
2 of his or her acts or omissions in providing that medical
3 treatment, except for willful or wanton misconduct.
4     (b) For purposes of this Section, a "free medical clinic"
5 is an organized community based program providing medical care
6 without charge to individuals, at which the care provided does
7 not include an overnight stay in a health-care facility.
8     (c) The provisions of subsection (a) of this Section do not
9 apply to a particular case unless the free medical clinic has
10 posted in a conspicuous place on its premises an explanation of
11 the exemption from civil liability provided herein.
12     (d) The immunity from civil damages provided under
13 subsection (a) also applies to physicians, retired physicians,
14 hospitals, and other health care providers that provide further
15 medical treatment, diagnosis, or advice, including but not
16 limited to hospitalization, office visits, and home visits, to
17 a patient upon referral from an established free medical clinic
18 without fee or compensation.
19     (d-5) A free medical clinic may receive reimbursement from
20 the Illinois Department of Public Aid, provided any
21 reimbursements shall be used only to pay overhead expenses of
22 operating the free medical clinic and may not be used, in whole
23 or in part, to provide a fee or other compensation to any
24 person licensed under the Medical Practice Act of 1987 or any
25 other health care professional who is receiving an exemption
26 under this Section. Any health care professional receiving an

 

 

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1 exemption under this Section may not receive any fee or other
2 compensation in connection with any services provided to, or
3 any ownership interest in, the clinic. Medical care shall not
4 include an overnight stay in a health care facility.
5     (e) Nothing in this Section prohibits a free medical clinic
6 from accepting voluntary contributions for medical services
7 provided to a patient who has acknowledged his or her ability
8 and willingness to pay a portion of the value of the medical
9 services provided.
10     (f) Any voluntary contribution collected for providing
11 care at a free medical clinic shall be used only to pay
12 overhead expenses of operating the clinic. No portion of any
13 moneys collected shall be used to provide a fee or other
14 compensation to any person licensed under Medical Practice Act
15 of 1987.
16     (g) The changes to this Section made by Public Act 94-677
17 and reenacted by this amendatory Act of the 96th 94th General
18 Assembly apply to causes of action accruing on or after August
19 25, 2005, as those changes may be amended from time to time its
20 effective date.
21 (Source: P.A. 94-677, eff. 8-25-05.)
 
22     Section 97. Inseverability. The provisions of this Act are
23 mutually dependent and inseverable. If any provision is held
24 invalid, then this entire Act, including all new and amendatory
25 provisions, is invalid.
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.