SB3041 93RD GENERAL ASSEMBLY

LRB093 20529 WGH 46333 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3041

Introduced 2/6/2004, by David Luechtefeld, Frank C. Watson, Kirk W. Dillard, John O. Jones

SYNOPSIS AS INTRODUCED:

New Act

Creates the Medical Malpractice Reform Study Act and the Blue Ribbon Commission on Medical Malpractice Reform. Provides for composition of the Commission. Provides that the Commission shall study the advisability of implementing an alternative system for the resolution of medical malpractice disputes that incorporates elements of the workers' compensation system, including but not limited to the administrative adjudication of disputes by qualified arbitrators, and shall also consider funding mechanisms, constitutional and other legal issues, economic issues, and other matters. Provides that the Commission shall report its findings and specific recommendations to the Governor and the General Assembly no later than March 1, 2005. Effective July 1, 2004.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning medical malpractice.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Medical Malpractice Reform Study Act.

Section 5. Findings. The General Assembly finds as follows:

(1) The system of compensation for workplace injuries and illnesses in Illinois is well-established and provides for the prompt and fair payment of medical and other expenses arising from most accidents in the workplace. The standards and procedures in the Workers' Compensation Act and the Workers' Occupational Diseases Act facilitate the resolution of many disputes administratively, without placing additional pressure on an already-overburdened judicial system or introducing the emotional elements that sometimes arise in court proceedings that involve juries.

(2) The existing system for resolving medical malpractice disputes has adversely affected the provision of health care in Illinois. Large jury verdicts, particularly in St. Clair and Madison counties, have resulted in high malpractice insurance premiums and, in some cases, a complete denial of coverage. As a result, some physicians have either relocated their practices or retired from the practice of medicine. This adversely affects the ability of the citizens of this State to obtain high-quality health care, which, in turn, adversely affects the economic and social viability of our communities.

(3) The existing system for resolving medical malpractice disputes has resulted in large awards for some, but no awards for many people who have valid claims but cannot obtain representation on a contingent fee basis because of the size of their claims.

(4) Adoption of some elements of the workers' compensation system, including but not limited to the administrative adjudication of disputes by qualified arbitrators, may result in more equitable resolution of medical malpractice disputes than the current system.

Section 10. The Blue Ribbon Commission. There is created the Blue Ribbon Commission on Medical Malpractice Reform. The Commission shall consist of 24 members. The President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives shall each appoint 6 members. Each appointing authority shall appoint 2 members representing health care providers, one member representing health care consumers, one member representing trial attorneys who handle medical malpractice cases, one member representing medical malpractice insurers, and one member with university research experience in law and economics.

The Commission shall elect one of its members to serve as chairperson. The Commission shall meet at the call of the chairperson. Members of the Commission shall not be compensated for their service, but shall be reimbursed for the actual expenses incurred in the performance of their duties. The Industrial Commission, Department of Insurance, and General Assembly shall provide technical and other support services to the Commission as needed.

The Commission shall study the advisability of implementing an alternative system for the resolution of medical malpractice disputes that incorporates elements of the workers' compensation system, including but not limited to the administrative adjudication of disputes by qualified arbitrators. The Commission shall consider funding mechanisms, constitutional and other legal issues, economic issues, and any other matters deemed advisable by the Commission.

The Commission shall report its findings and specific recommendations to the Governor and the General Assembly no later than March 1, 2005.

Section 99. Effective date. This Act takes effect July 1, 2004.