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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_SB0953enr SB953 Enrolled LRB9100490ACsb 1 AN ACT to amend the Hospital Licensing Act by changing 2 Section 10.4. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Hospital Licensing Act is amended by 6 changing Section 10.4 as follows: 7 (210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4) 8 Sec. 10.4. Medical staff privileges. 9 (a) Any hospital licensed under this Act or any hospital 10 organized under the University of Illinois Hospital Act 11 shall, prior to the granting of any medical staff privileges 12 to an applicant, or renewing a current medical staff member's 13 privileges, request of the Director of Professional 14 Regulation information concerning the licensure status and 15 any disciplinary action taken against the applicant's or 16 medical staff member's license, except for medical personnel 17 who enter a hospital to obtain organs and tissues for 18 transplant from a deceased donor in accordance with the 19 Uniform Anatomical Gift Act. The Director of Professional 20 Regulation shall transmit, in writing and in a timely 21 fashion, such information regarding the license of the 22 applicant or the medical staff member, including the record 23 of imposition of any periods of supervision or monitoring as 24 a result of alcohol or substance abuse, as provided by 25 Section 23 of the Medical Practice Act of 1987, and such 26 information as may have been submitted to the Department 27 indicating that the application or medical staff member has 28 been denied, or has surrendered, medical staff privileges at 29 a hospital licensed under this Act, or any equivalent 30 facility in another state or territory of the United States. 31 The Director of Professional Regulation shall define by rule SB953 Enrolled -2- LRB9100490ACsb 1 the period for timely response to such requests. 2 No transmittal of information by the Director of 3 Professional Regulation, under this Section shall be to other 4 than the president, chief operating officer, chief 5 administrative officer, or chief of the medical staff of a 6 hospital licensed under this Act, a hospital organized under 7 the University of Illinois Hospital Act, or a hospital 8 operated by the United States, or any of its 9 instrumentalities. The information so transmitted shall be 10 afforded the same status as is information concerning medical 11 studies by Part 21 of Article VIII of the Code of Civil 12 Procedure, as now or hereafter amended. 13 (b) All hospitals licensed under this Act, except county 14 hospitals as defined in subsection (c) of Section 15-1 of the 15 Illinois Public Aid Code, shall comply with, and the medical 16 staff bylaws of these hospitals shall include rules 17 consistent with, the provisions of this Section in granting, 18 limiting, renewing, or denying medical staff membership and 19 clinical staff privileges. Hospitals that require medical 20 staff members to possess faculty status with a specific 21 institution of higher education are not required to comply 22 with subsection (1) below when the physician does not possess 23 faculty status. 24 (1) Minimum procedures for pre-applicants and 25initialapplicants for medical staff membership shall 26 include the following: 27 (A) Written procedures relating to the 28 acceptance and processing of pre-applicants or 29initialapplicants for medical staff membership, 30 which should be contained in medical staff bylaws. 31 (B) Written procedures to be followed in 32 determining a pre-applicant's or an applicant's 33 qualifications for being granted medical staff 34 membership and privileges. SB953 Enrolled -3- LRB9100490ACsb 1 (C) Written criteria to be followed in 2 evaluating a pre-applicant's or an applicant's 3 qualifications. 4 (D) An evaluation of a pre-applicant's or an 5 applicant's current health status and current 6 license status in Illinois. 7 (E) A written response to each pre-applicant 8 or applicant that explains the reason or reasons for 9 any adverse decision (including all reasons based in 10 whole or in part on the applicant's medical 11 qualifications or any other basis, including 12 economic factors). 13 (2) Minimum procedures with respect to medical 14 staff and clinical privilege determinations concerning 15 current members of the medical staff shall include the 16 following: 17 (A) A written notice of an adverse decisionby18the hospital governing board. 19 (B) An explanation of the reasons for an 20 adverse decision including all reasons based on the 21 quality of medical care or any other basis, 22 including economic factors. 23 (C) A statement of the medical staff member's 24 right to request a fair hearing on the adverse 25 decision before a hearing panel whose membership is 26 mutually agreed upon by the medical staff and the 27 hospital governing board. The hearing panel shall 28 have independent authority to recommend action to 29 the hospital governing board. Upon the request of 30 the medical staff member or the hospital governing 31 board, the hearing panel shall make findings 32 concerning the nature of each basis for any adverse 33 decision recommended to and accepted by the hospital 34 governing board. SB953 Enrolled -4- LRB9100490ACsb 1 (i) Nothing in this subparagraph (C) 2 limits a hospital's or medical staff's right to 3 summarily suspend, without a prior hearing, a 4 person's medical staff membership or clinical 5 privileges if the continuation of practice of a 6 medical staff member constitutes an immediate 7 danger to the public, including patients, 8 visitors, and hospital employees and staff. A 9 fair hearing shall be commenced within 15 days 10 after the suspension and completed without 11 delay. 12 (ii) Nothing in this subparagraph (C) 13 limits a medical staff's right to permit, in 14 the medical staff bylaws, summary suspension of 15 membership or clinical privileges in designated 16 administrative circumstances as specifically 17 approved by the medical staff. This bylaw 18 provision must specifically describe both the 19 administrative circumstance that can result in 20 a summary suspension and the length of the 21 summary suspension. The opportunity for a fair 22 hearing is required for any administrative 23 summary suspension. Any requested hearing must 24 be commenced within 15 days after the summary 25 suspension and completed without delay. Adverse 26 decisions other than suspension or other 27 restrictions on the treatment or admission of 28 patients may be imposed summarily and without a 29 hearing under designated administrative 30 circumstances as specifically provided for in 31 the medical staff bylaws as approved by the 32 medical staff. 33 (iii) If a hospital exercises its option 34 to enter into an exclusive contract and that SB953 Enrolled -5- LRB9100490ACsb 1 contract results in the total or partial 2 termination or reduction of medical staff 3 membership or clinical privileges of a current 4 medical staff member, the hospital shall 5 provide the affected medical staff member 60 6 days prior notice of the effect on his or her 7 medical staff membership or privileges. An 8 affected medical staff member desiring a 9 hearing under subparagraph (C) of this 10 paragraph (2) must request the hearing within 11 14 days after the date he or she is so 12 notified. The requested hearing shall be 13 commenced and completed (with a report and 14 recommendation to the affected medical staff 15 member, hospital governing board, and medical 16 staff) within 30 days after the date of the 17 medical staff member's request. If agreed upon 18 by both the medical staff and the hospital 19 governing board, the medical staff bylaws may 20 provide for longer time periods. 21 (D) A statement of the member's right to 22 inspect all pertinent information in the hospital's 23 possession with respect to the decision. 24 (E) A statement of the member's right to 25 present witnesses and other evidence at the hearing 26 on the decision. 27 (F) A written notice and written explanation 28 of the decision resulting from the hearing. 29 (F-5) A written notice of a final adverse 30 decision by a hospital governing board. 31 (G) Notice given 15 days before implementation 32 of an adverse medical staff membership or clinical 33 privileges decision based substantially on economic 34 factors. This notice shall be given after the SB953 Enrolled -6- LRB9100490ACsb 1 medical staff member exhausts all applicable 2 procedures under this Section, including item (iii) 3 of subparagraph (C) of this paragraph (2), and under 4 the medical staff bylaws in order to allow 5 sufficient time for the orderly provision of patient 6 care. 7 (H) Nothing in this paragraph (2) of this 8 subsection (b) limits a medical staff member's right 9 to waive, in writing, the rights provided in 10 subparagraphs (A) through (G) of this paragraph (2) 11 of this subsection (b) upon being granted the 12 written exclusive right to provide particular 13 services at a hospital, either individually or as a 14 member of a group. If an exclusive contract is 15 signed by a representative of a group of physicians, 16 a waiver contained in the contract shall apply to 17 all members of the group unless stated otherwise in 18 the contract. 19 (3) Every adverse medical staff membership and 20 clinical privilege decision based substantially on 21 economic factors shall be reported to the Hospital 22 Licensing Board before the decision takes effect. These 23 reports shall not be disclosed in any form that reveals 24 the identity of any hospital or physician. These reports 25 shall be utilized to study the effects that hospital 26 medical staff membership and clinical privilege decisions 27 based upon economic factors have on access to care and 28 the availability of physician services. The Hospital 29 Licensing Board shall submit an initial study to the 30 Governor and the General Assembly by January 1, 1996, and 31 subsequent reports shall be submitted periodically 32 thereafter. 33 (4) As used in this Section: 34 "Adverse decision" means a decision reducing, SB953 Enrolled -7- LRB9100490ACsb 1 restricting, suspending, revoking, denying, or not 2 renewing medical staff membership or clinical privileges. 3 "Economic factor" means any information or reasons 4 for decisions unrelated to quality of care or 5 professional competency. 6 "Pre-applicant" means a physician licensed to 7 practice medicine in all its branches who requests an 8 application for medical staff membership or privileges. 9 "Privilege" means permission to provide medical or 10 other patient care services and permission to use 11 hospital resources, including equipment, facilities and 12 personnel that are necessary to effectively provide 13 medical or other patient care services. This definition 14 shall not be construed to require a hospital to acquire 15 additional equipment, facilities, or personnel to 16 accommodate the granting of privileges. 17 (5) Any amendment to medical staff bylaws required 18 because of this amendatory Act of the 91st General 19 Assembly shall be adopted on or before July 1, 2001. 20 (c) All hospitals shall consult with the medical staff 21 prior to closing membership in the entire or any portion of 22 the medical staff or a department. If the hospital closes 23 membership in the medical staff, any portion of the medical 24 staff, or the department over the objections of the medical 25 staff, then the hospital shall provide a detailed written 26 explanation for the decision to the medical staff 10 days 27 prior to the effective date of any closure. No applications 28 need to be provided when membership in the medical staff or 29 any relevant portion of the medical staff is closed. 30 (Source: P.A. 90-14, eff. 7-1-97; 90-149, eff. 1-1-98; 31 90-655, eff. 7-30-98.)