Full Text of HB6844 96th General Assembly
HB6844 96TH GENERAL ASSEMBLY
|
|
|
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.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB6844 |
|
LRB096 21714 EFG 39327 b |
|
| 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, |
|
|
|
HB6844 |
- 2 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 3 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 4 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 5 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 6 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 7 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 8 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 9 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 10 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 11 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 12 - |
LRB096 21714 EFG 39327 b |
|
| 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
|
|
|
|
HB6844 |
- 13 - |
LRB096 21714 EFG 39327 b |
|
| 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
|
|
|
|
HB6844 |
- 14 - |
LRB096 21714 EFG 39327 b |
|
| 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;
|
|
|
|
HB6844 |
- 15 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 16 - |
LRB096 21714 EFG 39327 b |
|
| 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: |
|
|
|
HB6844 |
- 17 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 18 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 19 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 20 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 21 - |
LRB096 21714 EFG 39327 b |
|
| 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, |
|
|
|
HB6844 |
- 22 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 23 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 24 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 25 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 26 - |
LRB096 21714 EFG 39327 b |
|
| 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)
|
|
|
|
HB6844 |
- 27 - |
LRB096 21714 EFG 39327 b |
|
| 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.)
|
|
|
|
HB6844 |
- 28 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 29 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 30 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 31 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 32 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 33 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 34 - |
LRB096 21714 EFG 39327 b |
|
| 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). |
|
|
|
HB6844 |
- 35 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 36 - |
LRB096 21714 EFG 39327 b |
|
| 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:
|
|
|
|
HB6844 |
- 37 - |
LRB096 21714 EFG 39327 b |
|
| 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.
|
|
|
|
HB6844 |
- 38 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 39 - |
LRB096 21714 EFG 39327 b |
|
| 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 |
|
|
|
HB6844 |
- 40 - |
LRB096 21714 EFG 39327 b |
|
| 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.
|
|
|
|
HB6844 |
- 41 - |
LRB096 21714 EFG 39327 b |
|
| 1 |
| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
|
|