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1 |
AMENDMENT TO SENATE BILL
2239
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2 | AMENDMENT NO.
______. Amend Senate Bill 2239 by replacing | ||||||
3 | everything after the enacting clause with the
following: | ||||||
4 |
"ARTICLE 1. FINDINGS | ||||||
5 | Section 101.
Findings. The General Assembly finds as
| ||||||
6 | follows: | ||||||
7 | (1) The
increasing cost of medical malpractice insurance | ||||||
8 | results in increased financial burdens on physicians
and | ||||||
9 | hospitals. | ||||||
10 | (2) The
increasing cost of medical malpractice insurance in | ||||||
11 | Illinois is believed to have contributed to the
reduction of | ||||||
12 | the availability of medical care in portions of the
State and | ||||||
13 | is believed to have discouraged some medical students
from | ||||||
14 | choosing Illinois as the place they will receive their
medical | ||||||
15 | education and practice medicine. | ||||||
16 | (3) The public
would benefit from making the services of | ||||||
17 | hospitals and physicians more available. | ||||||
18 | (4) In order to
preserve the public health, safety, and | ||||||
19 | welfare of the people of Illinois, the current medical
| ||||||
20 | malpractice situation requires reforms that enhance
the | ||||||
21 | State's oversight of physicians and ability to
discipline | ||||||
22 | physicians, that increase the State's oversight of
medical | ||||||
23 | liability insurance carriers, that reduce the number
of | ||||||
24 | nonmeritorious healing art malpractice actions, that
encourage |
| |||||||
| |||||||
1 | physicians to provide voluntary services at free
medical | ||||||
2 | clinics, and that encourage physicians and hospitals
to | ||||||
3 | continue providing health care services in Illinois.
| ||||||
4 |
ARTICLE 2. RISK RETENTION
ARRANGEMENTS
| ||||||
5 | Section 205.
The Open Meetings Act is amended by changing | ||||||
6 | Section 2 as follows:
| ||||||
7 | (5 ILCS
120/2) (from Ch. 102, par.
42)
| ||||||
8 | Sec. 2.
Open meetings.
| ||||||
9 | (a) Openness
required. All meetings of public bodies shall | ||||||
10 | be open to the public unless excepted in subsection
(c) and | ||||||
11 | closed in accordance with Section 2a.
| ||||||
12 | (b) Construction
of exceptions. The exceptions contained | ||||||
13 | in subsection (c) are in derogation of the requirement
that | ||||||
14 | public bodies meet in the open, and therefore, the
exceptions | ||||||
15 | are to be strictly construed, extending only to
subjects | ||||||
16 | clearly within their scope. The exceptions authorize
but do not | ||||||
17 | require the holding of a closed meeting to discuss a
subject | ||||||
18 | included within an enumerated exception.
| ||||||
19 | (c) Exceptions. A
public body may hold closed meetings to | ||||||
20 | consider the following subjects:
| ||||||
21 | (1)
The appointment, employment, compensation, | ||||||
22 | discipline, performance, or
dismissal of specific | ||||||
23 | employees of the public body
or legal counsel for the | ||||||
24 | public body, including hearing
testimony on a complaint | ||||||
25 | lodged against an employee of
the public body or against | ||||||
26 | legal counsel for the public
body to determine its | ||||||
27 | validity.
| ||||||
28 | (2)
Collective negotiating matters between the public | ||||||
29 | body and its employees or
their representatives, or | ||||||
30 | deliberations concerning
salary schedules for one or more | ||||||
31 | classes of
employees.
|
| |||||||
| |||||||
1 | (3)
The selection of a person to fill a public office, | ||||||
2 | as defined in this Act,
including a vacancy in a public | ||||||
3 | office, when the public body
is given power to appoint | ||||||
4 | under law or ordinance, or the
discipline, performance or | ||||||
5 | removal of the occupant of a
public office, when the public | ||||||
6 | body is given power to remove
the occupant under law or | ||||||
7 | ordinance.
| ||||||
8 | (4)
Evidence or testimony presented in open hearing, or | ||||||
9 | in closed hearing where
specifically authorized by law, to | ||||||
10 | a quasi-adjudicative body, as
defined in this Act, provided | ||||||
11 | that the body prepares and
makes available for public | ||||||
12 | inspection a written decision
setting forth its | ||||||
13 | determinative
reasoning.
| ||||||
14 | (5)
The purchase or lease of real property for the use | ||||||
15 | of the public body, including
meetings held for the purpose | ||||||
16 | of discussing whether a
particular parcel should be | ||||||
17 | acquired.
| ||||||
18 | (6)
The setting of a price for sale or lease of | ||||||
19 | property owned by the public
body.
| ||||||
20 | (7)
The sale or purchase of securities, investments, or | ||||||
21 | investment
contracts.
| ||||||
22 | (8)
Security procedures and the use of personnel and | ||||||
23 | equipment to respond to an
actual, a threatened, or a | ||||||
24 | reasonably potential danger to
the safety of employees, | ||||||
25 | students, staff, the public,
or public property.
| ||||||
26 | (9)
Student disciplinary cases.
| ||||||
27 | (10)
The placement of individual students in special | ||||||
28 | education programs and other
matters relating to | ||||||
29 | individual
students.
| ||||||
30 | (11)
Litigation, when an action against, affecting or | ||||||
31 | on behalf of the particular
public body has been filed and | ||||||
32 | is pending before a court or
administrative tribunal, or | ||||||
33 | when the public body finds
that an action is probable or | ||||||
34 | imminent, in which case the
basis for the finding shall be |
| |||||||
| |||||||
1 | recorded and entered into the
minutes of the closed | ||||||
2 | meeting.
| ||||||
3 | (12)
The establishment of reserves or settlement of | ||||||
4 | claims as provided in the
Local Governmental and | ||||||
5 | Governmental Employees Tort
Immunity Act, if otherwise the | ||||||
6 | disposition of a claim or
potential claim might be | ||||||
7 | prejudiced, or the review or
discussion of claims, loss or | ||||||
8 | risk management information,
records, data, advice or | ||||||
9 | communications from or with
respect to any insurer of the | ||||||
10 | public body or any
intergovernmental risk management | ||||||
11 | association or self insurance
pool of which the public body | ||||||
12 | is a member.
| ||||||
13 | (13)
Conciliation of complaints of discrimination in | ||||||
14 | the sale or rental of housing,
when closed meetings are | ||||||
15 | authorized by the law or
ordinance prescribing fair housing | ||||||
16 | practices and creating a
commission or administrative | ||||||
17 | agency for their
enforcement.
| ||||||
18 | (14)
Informant sources, the hiring or assignment of | ||||||
19 | undercover personnel or
equipment, or ongoing, prior or | ||||||
20 | future criminal
investigations, when discussed by a public | ||||||
21 | body with criminal
investigatory responsibilities.
| ||||||
22 | (15)
Professional ethics or performance when | ||||||
23 | considered by an advisory body
appointed to advise a | ||||||
24 | licensing or regulatory agency
on matters germane to the | ||||||
25 | advisory body's field of
competence.
| ||||||
26 | (16)
Self evaluation, practices and procedures or | ||||||
27 | professional ethics, when
meeting with a representative of | ||||||
28 | a statewide association of
which the public body is a | ||||||
29 | member.
| ||||||
30 | (17)
The recruitment, credentialing, discipline or | ||||||
31 | formal peer review of
physicians or other health care | ||||||
32 | professionals for a hospital,
or other institution | ||||||
33 | providing medical care, that
is operated by the public | ||||||
34 | body.
|
| |||||||
| |||||||
1 | (18)
Deliberations for decisions of the Prisoner | ||||||
2 | Review Board.
| ||||||
3 | (19)
Review or discussion of applications received | ||||||
4 | under the Experimental Organ
Transplantation Procedures | ||||||
5 | Act.
| ||||||
6 | (20)
The classification and discussion of matters | ||||||
7 | classified as confidential or
continued confidential by | ||||||
8 | the State Employees Suggestion
Award Board.
| ||||||
9 | (21)
Discussion of minutes of meetings lawfully closed | ||||||
10 | under this Act, whether for
purposes of approval by the | ||||||
11 | body of the minutes or
semi-annual review of the minutes as | ||||||
12 | mandated by Section
2.06.
| ||||||
13 | (22)
Deliberations for decisions of the State | ||||||
14 | Emergency Medical Services
Disciplinary Review Board.
| ||||||
15 | (23)
The operation by a municipality of a municipal | ||||||
16 | utility or the operation of a
municipal power agency or | ||||||
17 | municipal natural gas agency
when the discussion involves | ||||||
18 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
19 | of electricity or natural gas
or (ii) the results or | ||||||
20 | conclusions of load forecast
studies.
| ||||||
21 | (24)
Meetings of a residential health care facility | ||||||
22 | resident sexual assault and
death review team or the | ||||||
23 | Residential Health Care
Facility Resident Sexual Assault | ||||||
24 | and Death Review Teams
Executive Council under the | ||||||
25 | Residential Health Care
Facility Resident Sexual Assault | ||||||
26 | and Death Review Team
Act. | ||||||
27 | (25)
The establishment of reserves administration, | ||||||
28 | adjudication, or settlement
of claims as provided in | ||||||
29 | Article XLV of the Illinois
Insurance Code if otherwise the | ||||||
30 | disposition of a claim or
potential claim might be | ||||||
31 | prejudiced, or the review
or discussion of claims, loss or | ||||||
32 | risk management
information, records, data, advice or | ||||||
33 | communications from or with
respect to any self-insurance | ||||||
34 | trust administration or
adjudication of any claim, or |
| |||||||
| |||||||
1 | insurer created by the
public body. | ||||||
2 | (d) Definitions.
For purposes of this Section: | ||||||
3 | "Employee" means
a person employed by a public body whose | ||||||
4 | relationship with the public body constitutes an
| ||||||
5 | employer-employee relationship under the usual common
law | ||||||
6 | rules, and who is not an independent
contractor. | ||||||
7 | "Public office"
means a position created by or under the | ||||||
8 | Constitution or laws of this State, the occupant of
which is | ||||||
9 | charged with the exercise of some portion of the
sovereign | ||||||
10 | power of this State. The term "public office" shall
include | ||||||
11 | members of the public body, but it shall not include
| ||||||
12 | organizational positions filled by members thereof,
whether | ||||||
13 | established by law or by a public body itself, that
exist to | ||||||
14 | assist the body in the conduct of its
business. | ||||||
15 | "Quasi-adjudicative
body" means an administrative body | ||||||
16 | charged by law or ordinance with the responsibility to
conduct | ||||||
17 | hearings, receive evidence or testimony and make
| ||||||
18 | determinations based thereon, but does not include
local | ||||||
19 | electoral boards when such bodies are considering
petition | ||||||
20 | challenges. | ||||||
21 | (e) Final action.
No final action may be taken at a closed | ||||||
22 | meeting. Final action shall be preceded by a public
recital of | ||||||
23 | the nature of the matter being considered and other
information | ||||||
24 | that will inform the public of the business being
conducted.
| ||||||
25 | (Source: P.A. 93-57, eff. 7-1-03; 93-79, eff. 7-2-03;
93-422, | ||||||
26 | eff. 8-5-03; 93-577, eff. 8-21-03; revised
9-8-03) | ||||||
27 | Section 210.
The Counties Code is amended by changing | ||||||
28 | Section 5-1005 and by adding Division 6-34 as
follows:
| ||||||
29 | (55 ILCS
5/5-1005) (from Ch. 34, par.
5-1005)
| ||||||
30 | Sec. 5-1005.
Powers. Each county shall have
power: | ||||||
31 | 1. To purchase
and hold the real and personal estate | ||||||
32 | necessary for the uses of the county, and to purchase
and hold, |
| |||||||
| |||||||
1 | for the benefit of the county, real estate sold by
virtue of | ||||||
2 | judicial proceedings in which the county is
plaintiff. | ||||||
3 | 2. To sell and
convey or lease any real or personal estate | ||||||
4 | owned by the county. | ||||||
5 | 3. To make all
contracts and do all other acts in relation | ||||||
6 | to the property and concerns of the county necessary
to the | ||||||
7 | exercise of its corporate powers.
| ||||||
8 | 4. To take all
necessary measures and institute proceedings | ||||||
9 | to enforce all laws for the prevention of cruelty to
animals. | ||||||
10 | 5. To purchase
and hold or lease real estate upon which may | ||||||
11 | be erected and maintained buildings to be utilized for
purposes | ||||||
12 | of agricultural experiments and to purchase, hold and
use | ||||||
13 | personal property for the care and maintenance of such
real | ||||||
14 | estate in connection with such experimental
purposes. | ||||||
15 | 6. To cause to be
erected, or otherwise provided, suitable | ||||||
16 | buildings for, and maintain a county hospital and
necessary | ||||||
17 | branch hospitals and/or a county sheltered care home
or county | ||||||
18 | nursing home for the care of such sick, chronically
ill or | ||||||
19 | infirm persons as may by law be proper charges upon
the county, | ||||||
20 | or upon other governmental units, and to provide for
the | ||||||
21 | management of the same. The county board may establish
rates to | ||||||
22 | be paid by persons seeking care and treatment in such
hospital | ||||||
23 | or home in accordance with their financial ability to
meet such | ||||||
24 | charges, either personally or through a hospital plan
or | ||||||
25 | hospital insurance, and the rates to be paid by
governmental | ||||||
26 | units, including the State, for the care of sick,
chronically | ||||||
27 | ill or infirm persons admitted therein upon the
request of such | ||||||
28 | governmental units. Any hospital maintained by a
county under | ||||||
29 | this Section is authorized to provide any service and
enter | ||||||
30 | into any contract or other arrangement not prohibited
for a | ||||||
31 | hospital that is licensed under the Hospital Licensing
Act, | ||||||
32 | incorporated under the General Not-For-Profit
Corporation Act, | ||||||
33 | and exempt from taxation under paragraph (3) of
subsection (c) | ||||||
34 | of Section 501 of the Internal Revenue
Code. |
| |||||||
| |||||||
1 | 7. To contribute
such sums of money toward erecting, | ||||||
2 | building, maintaining, and supporting any
non-sectarian public | ||||||
3 | hospital located within its limits as the county board
of the | ||||||
4 | county shall deem proper. | ||||||
5 | 8. To purchase
and hold real estate for the preservation of | ||||||
6 | forests, prairies and other natural areas and to
maintain and | ||||||
7 | regulate the use thereof. | ||||||
8 | 9. To purchase
and hold real estate for the purpose of | ||||||
9 | preserving historical spots in the county, to restore,
maintain | ||||||
10 | and regulate the use thereof and to donate any
historical spot | ||||||
11 | to the State. | ||||||
12 | 10. To
appropriate funds from the county treasury to be | ||||||
13 | used in any manner to be determined by the board for
the | ||||||
14 | suppression, eradication and control of tuberculosis
among | ||||||
15 | domestic cattle in such county.
| ||||||
16 | 11. To take all
necessary measures to prevent forest fires | ||||||
17 | and encourage the maintenance and planting of trees
and the | ||||||
18 | preservation of forests. | ||||||
19 | 12. To authorize
the closing on Saturday mornings of all | ||||||
20 | offices of all county officers at the county seat of
each | ||||||
21 | county, and to otherwise regulate and fix the days and
the | ||||||
22 | hours of opening and closing of such offices, except
when the | ||||||
23 | days and the hours of opening and closing of the
office of any | ||||||
24 | county officer are otherwise fixed by law; but the
power herein | ||||||
25 | conferred shall not apply to the office of State's
Attorney and | ||||||
26 | the offices of judges and clerks of courts and, in
counties of | ||||||
27 | 500,000 or more population, the offices of county
clerk. | ||||||
28 | 13. To provide
for the conservation, preservation and | ||||||
29 | propagation of insectivorous birds through the
expenditure of | ||||||
30 | funds provided for such purpose.
| ||||||
31 | 14. To
appropriate funds from the county treasury and | ||||||
32 | expend the same for care and treatment of tuberculosis
| ||||||
33 | residents. | ||||||
34 | 15. In counties
having less than 1,000,000 inhabitants, to |
| |||||||
| |||||||
1 | take all necessary or proper steps for the
extermination of | ||||||
2 | mosquitoes, flies or other insects within the
county. | ||||||
3 | 16. To install an
adequate system of accounts and financial | ||||||
4 | records in the offices and divisions of the county,
suitable to | ||||||
5 | the needs of the office and in accordance with
generally | ||||||
6 | accepted principles of accounting for governmental
bodies, | ||||||
7 | which system may include such reports as the county
board may | ||||||
8 | determine. | ||||||
9 | 17. To purchase
and hold real estate for the construction | ||||||
10 | and maintenance of motor vehicle parking facilities
for persons | ||||||
11 | using county buildings, but the purchase and use of
such real | ||||||
12 | estate shall not be for revenue producing
purposes. | ||||||
13 | 18. To acquire
and hold title to real property located | ||||||
14 | within the county, or partly within and partly outside
the | ||||||
15 | county by dedication, purchase, gift, legacy or lease,
for park | ||||||
16 | and recreational purposes and to charge reasonable
fees for the | ||||||
17 | use of or admission to any such park or recreational
area and | ||||||
18 | to provide police protection for such park or
recreational | ||||||
19 | area. Personnel employed to provide such police
protection | ||||||
20 | shall be conservators of the peace within such park or
| ||||||
21 | recreational area and shall have power to make arrests
on view | ||||||
22 | of the offense or upon warrants for violation of any
of the | ||||||
23 | ordinances governing such park or recreational area or
for any | ||||||
24 | breach of the peace in the same manner as the police
in | ||||||
25 | municipalities organized and existing under the
general laws of | ||||||
26 | the State. All such real property outside the county
shall be | ||||||
27 | contiguous to the county and within the boundaries of
the State | ||||||
28 | of Illinois. | ||||||
29 | 19. To
appropriate funds from the county treasury to be | ||||||
30 | used to provide supportive social services designed to
prevent | ||||||
31 | the unnecessary institutionalization of elderly
residents, or, | ||||||
32 | for operation of, and equipment for, senior citizen
centers | ||||||
33 | providing social services to elderly
residents. | ||||||
34 | 20. To
appropriate funds from the county treasury and loan
|
| |||||||
| |||||||
1 | such funds to a county water commission created under
the | ||||||
2 | "Water Commission Act", approved June 30, 1984, as now
or | ||||||
3 | hereafter amended, in such amounts and upon such terms
as the | ||||||
4 | county may determine or the county and the commission
may | ||||||
5 | agree. The county shall not under any circumstances be
| ||||||
6 | obligated to make such loans. The county shall not be
required | ||||||
7 | to charge interest on any such loans.
| ||||||
8 | 21. To
establish an independent entity to administer a | ||||||
9 | medical care risk retention trust program, to
contribute such | ||||||
10 | sums of money to the risk retention trust program
as the county | ||||||
11 | board of the county shall deem proper to operate
the medical | ||||||
12 | care risk retention trust program, to establish
uniform | ||||||
13 | eligibility requirements for participation in the
risk | ||||||
14 | retention trust program, to appoint an
administrator of the | ||||||
15 | risk retention trust program, to charge premiums,
to establish | ||||||
16 | a billing procedure to collect premiums, and to
ensure timely | ||||||
17 | administration and adjudication of claims under the
program. A | ||||||
18 | single medical care risk retention trust program
may be | ||||||
19 | established jointly by more than one county, in
accordance with | ||||||
20 | an agreement between the participating counties, if
at least | ||||||
21 | one of the participating counties has a population
of 200,000 | ||||||
22 | or more according to the most recent federal
decennial census. | ||||||
23 | All contracts for
the purchase of coal under this Section | ||||||
24 | shall be subject to the provisions of "An Act
concerning the | ||||||
25 | use of Illinois mined coal in certain plants and
institutions", | ||||||
26 | filed July 13, 1937, as amended.
| ||||||
27 | (Source: P.A. 86-962; 86-1028.)
| ||||||
28 | (55 ILCS 5/Div.
6-34 heading new) | ||||||
29 |
Division 6-34.
Funding for health care financing
programs
| ||||||
30 | (55 ILCS
5/6-34001 new) | ||||||
31 | Sec. 6-34001.
Authorization. The county board of
any county | ||||||
32 | with a population of 200,000 or more according to
the most |
| |||||||
| |||||||
1 | recent federal decennial census (and a county with
a population | ||||||
2 | of less than 200,000 according to the most recent
federal | ||||||
3 | decennial census if that county is participating in
a single | ||||||
4 | trust program with one or more other counties in
accordance | ||||||
5 | with the requirements of paragraph (21) of Section
5-1005 of | ||||||
6 | this Code) may, upon finding such action necessary
for | ||||||
7 | protection of the public health, safety, and
welfare, incur an | ||||||
8 | indebtedness by the establishment of lines or
letters of credit | ||||||
9 | or issue general obligation or revenue bonds for
the purpose of | ||||||
10 | ensuring the availability of and improving
hospital, medical, | ||||||
11 | and health services as authorized under paragraph
(21) of | ||||||
12 | Section 5-1005 of this
Code. | ||||||
13 | (55 ILCS
5/6-34002 new) | ||||||
14 | Sec. 6-34002.
Bonds. The bonds authorized in
Section | ||||||
15 | 6-34001 shall be issued in such denominations, be
for such term | ||||||
16 | or terms, and bear interest at such rate as may be
specified in | ||||||
17 | the resolution of the county board authorizing the
issuance of | ||||||
18 | those bonds. | ||||||
19 | Section 215.
The Illinois Insurance Code is amended by | ||||||
20 | adding Article XLV as follows:
| ||||||
21 | (215 ILCS 5/Art.
XLV heading new) | ||||||
22 |
Article XLV.
COUNTY RISK RETENTION
ARRANGEMENTS
| ||||||
23 |
FOR THE PROVISION OF MEDICAL MALPRACTICE
INSURANCE
| ||||||
24 | (215 ILCS 5/1501
new) | ||||||
25 | Sec. 1501.
Scope of Article. This Article
applies only to | ||||||
26 | trusts sponsored by counties and organized under
this Article | ||||||
27 | to provide medical malpractice insurance authorized
under | ||||||
28 | paragraph (21) of Section 5-1005 of the Counties
Code for | ||||||
29 | physicians and health care professionals providing
medical | ||||||
30 | care and health care within the county's limits. In
the case of |
| |||||||
| |||||||
1 | a single trust sponsored and organized by more than
one county | ||||||
2 | in accordance with the requirements of paragraph
(21) of | ||||||
3 | Section 5-1005 of the Counties Code, the powers and
duties of a | ||||||
4 | county under this Article shall be exercised
jointly by the | ||||||
5 | counties participating in the trust program in
accordance with | ||||||
6 | the agreement between the
counties. | ||||||
7 | (215 ILCS 5/1502
new) | ||||||
8 | Sec. 1502.
Definitions. As used in this
Article: | ||||||
9 | "Risk
retention trust" or "trust" means a risk retention | ||||||
10 | trust created under this Article.
| ||||||
11 | "Trust
sponsor" means a county that has created a risk | ||||||
12 | retention trust. | ||||||
13 | "Pool
retention fund" means a separate fund maintained for | ||||||
14 | payment of first dollar claims, up to a specified
amount per | ||||||
15 | claim ("specific retention") and up to an aggregate
amount for | ||||||
16 | a 12-month period ("aggregate
retention"). | ||||||
17 | "Contingency
reserve fund" means a separate fund | ||||||
18 | maintained for payment of claims in excess of the
pool | ||||||
19 | retention fund amount. | ||||||
20 | "Coverage
grant" means the document describing specific | ||||||
21 | coverages and terms of coverage that are provided
by a risk | ||||||
22 | retention trust created under this
Article. | ||||||
23 | "Licensed
service company" means an entity licensed by the | ||||||
24 | Department to perform claims adjusting, loss
control, and data | ||||||
25 | processing.
| ||||||
26 | (215 ILCS 5/1503
new) | ||||||
27 | Sec. 1503.
Name. The corporate name of any
risk retention | ||||||
28 | trust shall not be the same as or deceptively
similar to the | ||||||
29 | name of any domestic insurance company or of any
foreign or | ||||||
30 | alien insurance company authorized to transact
business in this | ||||||
31 | State. |
| |||||||
| |||||||
1 | (215 ILCS 5/1504
new) | ||||||
2 | Sec. 1504.
Principal office place of business.
The | ||||||
3 | principal office of any risk retention trust shall
be located | ||||||
4 | in this State. | ||||||
5 | (215 ILCS 5/1505
new) | ||||||
6 | Sec. 1505.
Creation. | ||||||
7 | (1) Any county
with a population of 200,000 or more | ||||||
8 | according to the most recent federal decennial
census may | ||||||
9 | create a risk retention trust for the pooling of
risks to | ||||||
10 | provide professional liability coverage authorized
under | ||||||
11 | paragraph (21) of Section 5-1005 of the Counties
Code for its | ||||||
12 | physicians and health care professionals providing
medical | ||||||
13 | care and related health care within the county's
limits. A | ||||||
14 | single risk retention trust may also be created
jointly by more | ||||||
15 | than one county in accordance with the requirements
of | ||||||
16 | paragraph (21) of Section 5-1005 of the Counties
Code. A trust | ||||||
17 | shall be administered by at least 3 trustees who
may be | ||||||
18 | individuals or corporate trustees and are appointed
by the | ||||||
19 | trust sponsor and who represent physicians who have
agreed in | ||||||
20 | writing to participate in the
trust. | ||||||
21 | (2) The
trustees shall appoint a qualified licensed | ||||||
22 | administrator who shall administer the affairs of
the risk | ||||||
23 | retention trust. | ||||||
24 | (3) The
trustees shall retain a licensed service company to | ||||||
25 | perform claims adjusting, loss control, and data
processing and | ||||||
26 | any other delegated administrative
duties. | ||||||
27 | (4) The trust
sponsor, the trustees, and the trust | ||||||
28 | administrator shall be fiduciaries of the
trust. | ||||||
29 | (5) A trust
shall be consummated by a written trust | ||||||
30 | agreement and shall be subject to the laws of this
State | ||||||
31 | governing the creation and operation of trusts, to
the extent | ||||||
32 | not inconsistent with this
Article. |
| |||||||
| |||||||
1 | (215 ILCS 5/1506
new) | ||||||
2 | Sec. 1506.
Participation. | ||||||
3 | (1) A
physician or health care professional providing | ||||||
4 | medical care and related health care within the
county's limits | ||||||
5 | may participate in a risk retention trust if the
physician or | ||||||
6 | health care professional: | ||||||
7 | (a)
meets the underwriting standards for acceptance | ||||||
8 | into the
trust; | ||||||
9 | (b)
files a written application for coverage, agreeing | ||||||
10 | to meet all of the
membership conditions of the trust; | ||||||
11 | (c)
provides medical care and related health care in | ||||||
12 | the county sponsoring the
trust; | ||||||
13 | (d)
agrees to meet the ongoing loss control provisions | ||||||
14 | and risk pooling
arrangements set forth by the trust; | ||||||
15 | (e)
pays premium contributions on a timely basis as | ||||||
16 | required;
and | ||||||
17 | (f)
pays predetermined annual required contributions | ||||||
18 | into the contingency
reserve fund. | ||||||
19 | (2) A
physician or health care professional accepted for | ||||||
20 | trust membership and participating in the trust is
liable for | ||||||
21 | payment to the trust of the amount of his or her
annual premium | ||||||
22 | contribution and his or her annual predetermined
contingency | ||||||
23 | reserve fund contribution.
| ||||||
24 | (215 ILCS 5/1507
new) | ||||||
25 | Sec. 1507.
Coverage grants; payment of claims. | ||||||
26 | (1) A risk
retention trust may not issue coverage grants | ||||||
27 | until it has established a contingency reserve fund
in an | ||||||
28 | amount deemed appropriate by the trust and filed
with the | ||||||
29 | Department of Insurance. A risk retention trust
must have and | ||||||
30 | at all times maintain a pool retention fund or a
line or letter | ||||||
31 | of credit at least equal to its unpaid liabilities
as | ||||||
32 | determined by an independent
actuary. | ||||||
33 | (2) Every
coverage grant issued or delivered in this State
|
| |||||||
| |||||||
1 | by a risk retention trust shall provide for the
extent of the | ||||||
2 | liability of trust members to the extent that funds
are needed | ||||||
3 | to pay a member's share of the depleted contingency
reserve | ||||||
4 | fund needed to maintain the reserves required by
this Section. | ||||||
5 | (3) All claims
shall be paid first from the pool retention | ||||||
6 | fund. If that fund becomes depleted, any additional
claims | ||||||
7 | shall be paid from the contingency reserve
fund. | ||||||
8 | (215 ILCS 5/1508
new) | ||||||
9 | Sec. 1508.
Applicable Illinois Insurance Code provisions.
| ||||||
10 | Other than this Article, only Sections 155.19,
155.20, and | ||||||
11 | 155.25 and subsections (a) through (c) of Section
155.18 of | ||||||
12 | this Code shall apply to county risk retention
trusts. The | ||||||
13 | Director shall advise the county board of any
determinations | ||||||
14 | made pursuant to subsection (b) of Section 155.18
of this Code. | ||||||
15 | (215 ILCS 5/1509
new) | ||||||
16 | Sec. 1509.
Authorized investments. In
addition to other | ||||||
17 | investments authorized by law, a risk retention
trust with | ||||||
18 | assets of at least $5,000,000 may invest in any
combination of | ||||||
19 | the following: | ||||||
20 | (1)
the common stocks listed on a recognized exchange | ||||||
21 | or market;
| ||||||
22 | (2)
stock and convertible debt investments, or | ||||||
23 | investment grade corporate
bonds, in or issued by any | ||||||
24 | corporation, the book value
of which may not exceed 5% of | ||||||
25 | the total intergovernmental
risk management entity's | ||||||
26 | investment account at book
value in which those securities | ||||||
27 | are held, determined as of
the date of the investment, | ||||||
28 | provided that investments
in the stock of any one | ||||||
29 | corporation may not exceed
5% of the total outstanding | ||||||
30 | stock of the corporation
and that the investments in the | ||||||
31 | convertible debt of any one
corporation may not exceed 5% | ||||||
32 | of the total amount of such
debt that may be outstanding; |
| |||||||
| |||||||
1 | (3)
the straight preferred stocks or convertible | ||||||
2 | preferred stocks and
convertible debt securities issued or | ||||||
3 | guaranteed by a corporation
whose common stock is listed on | ||||||
4 | a recognized exchange or
market; | ||||||
5 | (4)
mutual funds or commingled funds that meet the | ||||||
6 | following
requirements: | ||||||
7 | (A)
the mutual fund or commingled fund is managed | ||||||
8 | by
an investment company as defined in and registered | ||||||
9 | under
the federal Investment Company Act of 1940 and | ||||||
10 | registered
under the Illinois Securities Law of 1953 or | ||||||
11 | an
investment adviser as defined under the federal | ||||||
12 | Investment
Advisers Act of 1940; | ||||||
13 | (B)
the mutual fund has been in operation for at | ||||||
14 | least 5
years; and | ||||||
15 | (C)
the mutual fund has total net assets of | ||||||
16 | $150,000,000
or more; | ||||||
17 | (5)
commercial grade real estate located in the State | ||||||
18 | of
Illinois. | ||||||
19 | Any investment
adviser retained by a trust must be a | ||||||
20 | fiduciary who has the power to manage, acquire, or
dispose of | ||||||
21 | any asset of the trust and has acknowledged in
writing that he | ||||||
22 | or she is a fiduciary with respect to the trust and
that he or | ||||||
23 | she will adhere to all of the guidelines of the
trust and is | ||||||
24 | one or more of the following:
| ||||||
25 | (i)
registered as an investment adviser under the | ||||||
26 | federal
Investment Advisers Act of 1940; | ||||||
27 | (ii)
registered as an investment adviser under the | ||||||
28 | Illinois
Securities Law of 1953; | ||||||
29 | (iii)
a bank as defined in the federal Investment | ||||||
30 | Advisers
Act of 1940; | ||||||
31 | (iv)
an insurance company authorized to transact | ||||||
32 | business
in this State. | ||||||
33 | Nothing in
this Section shall be construed to authorize a | ||||||
34 | risk retention trust to accept the deposit of
public funds |
| |||||||
| |||||||
1 | except for trust risk retention
purposes.
| ||||||
2 |
ARTICLE 3. AMENDATORY
PROVISIONS
| ||||||
3 | Section 310.
The Illinois Insurance Code is amended by | ||||||
4 | changing Sections 155.18, 155.19, 402, and 1204 and by
adding | ||||||
5 | Section 155.18a as follows:
| ||||||
6 | (215 ILCS
5/155.18) (from Ch. 73, par.
767.18)
| ||||||
7 | Sec. 155.18.
(a) This Section shall apply to insurance on | ||||||
8 | risks based upon negligence by a physician, hospital
or other | ||||||
9 | health care provider, referred to herein as medical
liability | ||||||
10 | insurance. This Section shall not apply to contracts
of | ||||||
11 | reinsurance, nor to any farm, county, district or
township | ||||||
12 | mutual insurance company transacting business under an
Act | ||||||
13 | entitled "An Act relating to local mutual district,
county and | ||||||
14 | township insurance companies", approved March 13,
1936, as now | ||||||
15 | or hereafter amended, nor to any such company
operating under a | ||||||
16 | special charter. | ||||||
17 | (b) The following
standards shall apply to the making and | ||||||
18 | use of rates pertaining to all classes of medical
liability | ||||||
19 | insurance: | ||||||
20 | (1)
Rates shall not be excessive or inadequate, as | ||||||
21 | herein defined, nor shall they
be unfairly discriminatory. | ||||||
22 | No rate shall be held to be
excessive unless such rate is | ||||||
23 | unreasonably high for the
insurance provided , and a | ||||||
24 | reasonable degree of
competition does not exist in the area | ||||||
25 | with respect to the
classification to which such rate is | ||||||
26 | applicable .
| ||||||
27 | No
rate shall be held inadequate unless it is | ||||||
28 | unreasonably low for the
insurance provided and continued
| ||||||
29 | use of it would
endanger solvency of the company .
| ||||||
30 | (2)
Consideration shall be given, to the extent | ||||||
31 | applicable, to past and
prospective loss experience within |
| |||||||
| |||||||
1 | and outside this State, to a
reasonable margin for | ||||||
2 | underwriting profit and
contingencies, to past and | ||||||
3 | prospective expenses both
countrywide and those especially | ||||||
4 | applicable to this State, and
to all other factors, | ||||||
5 | including judgment factors,
deemed relevant within and | ||||||
6 | outside this
State. | ||||||
7 | Consideration
may also be given in the making and use | ||||||
8 | of rates to dividends, savings
or unabsorbed premium | ||||||
9 | deposits allowed or returned
by companies to their | ||||||
10 | policyholders, members or
subscribers. | ||||||
11 | (3)
The systems of expense provisions included in the | ||||||
12 | rates for use by any company
or group of companies may | ||||||
13 | differ from those of other
companies or groups of companies | ||||||
14 | to reflect the operating
methods of any such company or | ||||||
15 | group with respect to any kind
of insurance, or with | ||||||
16 | respect to any subdivision or
combination thereof. | ||||||
17 | (4)
Risks may be grouped by classifications for the | ||||||
18 | establishment of rates and
minimum premiums. | ||||||
19 | Classification rates may be
modified to produce rates for | ||||||
20 | individual risks in accordance
with rating plans which | ||||||
21 | establish standards for
measuring variations in hazards or | ||||||
22 | expense provisions, or both.
Such standards may measure any | ||||||
23 | difference among risks that
have a probable effect upon | ||||||
24 | losses or expenses. Such
classifications or modifications | ||||||
25 | of classifications of risks
may be established based upon | ||||||
26 | size, expense, management,
individual experience, location | ||||||
27 | or dispersion of hazard, or
any other reasonable | ||||||
28 | considerations and shall apply
to all risks under the same | ||||||
29 | or substantially the same
circumstances or conditions. The | ||||||
30 | rate for an established
classification should be related | ||||||
31 | generally to the anticipated
loss and expense factors of | ||||||
32 | the class.
| ||||||
33 | (c) Every company
writing medical liability insurance | ||||||
34 | shall file with the Director of Insurance the rates
and rating |
| |||||||
| |||||||
1 | schedules it uses for medical liability
insurance. | ||||||
2 | (1)
This filing shall occur upon a company's | ||||||
3 | commencement of medical
liability insurance business in | ||||||
4 | this State
at least annually and
thereafter as often as the | ||||||
5 | rates are changed or
amended. | ||||||
6 | (2)
For the purposes of this Section , any
change in | ||||||
7 | premium to the company's
insureds as a result of a change | ||||||
8 | in the company's base rates or
a change in its increased | ||||||
9 | limits factors shall
constitute a change in rates and shall | ||||||
10 | require a filing with the
Director.
| ||||||
11 | (3)
It shall be certified in such filing by an officer | ||||||
12 | of the company and a qualified
actuary that the company's | ||||||
13 | rates are based on sound
actuarial principles and are not | ||||||
14 | inconsistent with the
company's experience.
| ||||||
15 | (d)
If , after an
administrative
a hearing
pursuant to | ||||||
16 | subsection (c) of Section 401 of this
Code, the Director finds: | ||||||
17 | (1)
that any rate, rating plan or rating system | ||||||
18 | violates the provisions of
this Section applicable to it, | ||||||
19 | he
shall
may issue an order to the
company which has been | ||||||
20 | the subject of the hearing
specifying in what respects such | ||||||
21 | violation exists and
may prohibit stating
when, within a | ||||||
22 | reasonable period of
time, the further use of such rate or | ||||||
23 | rating system by such company
in contracts of insurance | ||||||
24 | made thereafter shall
be prohibited ; | ||||||
25 | (2)
that the violation of any of the provisions of this | ||||||
26 | Section
applicable to it by any company
which has been the | ||||||
27 | subject of
the hearing was wilful or
that any company has | ||||||
28 | repeatedly violated any
provision of this Section , he may | ||||||
29 | take either or both of the
following actions: | ||||||
30 | (A)
Suspend
suspend or revoke, in whole or
in part, | ||||||
31 | the
certificate of authority of such company with | ||||||
32 | respect to
the class of insurance which has been the | ||||||
33 | subject of
the hearing. | ||||||
34 | (B)
Impose a penalty of up to $1,000 against the
|
| |||||||
| |||||||
1 | company
for each violation. Each day during which a | ||||||
2 | violation
occurs constitutes a separate violation. | ||||||
3 | (e) Every
company writing medical liability insurance in | ||||||
4 | this State shall offer to each of its medical
liability | ||||||
5 | insureds the option to make premium payments in at
least | ||||||
6 | quarterly installments as prescribed by and filed
with the | ||||||
7 | Director. This offer shall be included in the
initial offer or | ||||||
8 | in the first policy renewal occurring after the
effective date | ||||||
9 | of this amendatory Act of the 93rd General
Assembly, but no | ||||||
10 | earlier than January 1, 2005.
| ||||||
11 | (f) Every
company writing medical liability insurance is | ||||||
12 | encouraged, but not required, to offer the
opportunity for | ||||||
13 | participation in a plan offering deductibles to its
medical | ||||||
14 | liability insureds. Any plan to offer deductibles
shall be | ||||||
15 | filed with the Department of
Insurance. | ||||||
16 | (g) Medical
liability insurers are encouraged, but not | ||||||
17 | required, to offer the opportunity for
participation in a plan | ||||||
18 | providing premium discounts for participation in
risk | ||||||
19 | management activities to its medical liability
insureds. Any | ||||||
20 | such plan shall be filed with the
Department. | ||||||
21 | (Source: P.A. 79-1434.)
| ||||||
22 | (215 ILCS
5/155.18a new) | ||||||
23 | Sec. 155.18a.
Professional Liability Insurance Resource
| ||||||
24 | Center. The Director of
Insurance shall establish a | ||||||
25 | Professional Liability Insurance Resource Center on
the World | ||||||
26 | Wide Web containing the names and telephone numbers
of all | ||||||
27 | licensed companies providing medical liability
insurance and | ||||||
28 | producers who sell medical liability insurance.
Each company | ||||||
29 | and producer shall submit the information to the
Department on | ||||||
30 | or before September 30 of each year in order to be
listed on | ||||||
31 | the website. The Department is under no obligation
to list a | ||||||
32 | company or producer on the website. Hyperlinks to
company | ||||||
33 | websites shall be included, if available. The
publication of |
| |||||||
| |||||||
1 | the information on the Department's website shall
commence on | ||||||
2 | January 1, 2005. The Department shall update the
information on | ||||||
3 | the Professional Liability Insurance Resource
Center at least | ||||||
4 | annually.
| ||||||
5 | (215 ILCS
5/155.19) (from Ch. 73, par.
767.19)
| ||||||
6 | Sec. 155.19.
All claims filed after December 31, 1976 with | ||||||
7 | any insurer and all suits filed after December 31,
1976 in any | ||||||
8 | court in this State, alleging liability on the part of
any | ||||||
9 | physician, hospital or other health care provider for
medically | ||||||
10 | related injuries, shall be reported to the Director of
| ||||||
11 | Insurance in such form and under such terms and
conditions as | ||||||
12 | may be prescribed by the Director.
Notwithstanding any other | ||||||
13 | provision of law to the contrary, any insurer, stop
loss | ||||||
14 | insurer, captive insurer, risk retention group,
county risk | ||||||
15 | retention trust, religious or charitable risk
pooling trust, | ||||||
16 | surplus line insurer, or other entity authorized or
permitted | ||||||
17 | by law to provide medical liability insurance in
this State | ||||||
18 | shall report to the Director, in such form and
under such terms | ||||||
19 | and conditions as may be prescribed by the
Director, all claims | ||||||
20 | filed after December 31, 2004 and all suits filed
after | ||||||
21 | December 31, 2004 in any court in this State
alleging liability | ||||||
22 | on the part of any physician, hospital, or health
care provider | ||||||
23 | for medically-related injuries. Each clerk of the
circuit court | ||||||
24 | shall provide to the Director such information as
the Director | ||||||
25 | may deem necessary to verify the accuracy and
completeness of | ||||||
26 | reports made to the Director under this
Section. The Director | ||||||
27 | shall maintain complete and accurate records of all
such claims | ||||||
28 | and suits including their nature, amount, disposition
and other | ||||||
29 | information as he may deem useful or desirable in
observing and | ||||||
30 | reporting on health care provider liability trends in
this | ||||||
31 | State. The Director shall release to appropriate
disciplinary | ||||||
32 | and licensing agencies any such data or information
which may | ||||||
33 | assist such agencies in improving the quality of
health care or |
| |||||||
| |||||||
1 | which may be useful to such agencies for the purpose
of | ||||||
2 | professional discipline. | ||||||
3 | With due regard
for appropriate maintenance of the | ||||||
4 | confidentiality thereof, the Director
shall
may release , on
an | ||||||
5 | annual basis,
from time to time to the
Governor, the General | ||||||
6 | Assembly and the general public statistical reports
based on | ||||||
7 | such data and information. | ||||||
8 | If the
Director finds that any entity required to report | ||||||
9 | information in its possession under this Section
has violated | ||||||
10 | any provision of this Section by filing late,
incomplete, or | ||||||
11 | inaccurate reports, the Director may fine the
entity up to | ||||||
12 | $1,000 for each offense. Each day during which a
violation | ||||||
13 | occurs constitutes a separate
offense. | ||||||
14 | The Director may
promulgate such rules and regulations as | ||||||
15 | may be necessary to carry out the provisions of this
Section. | ||||||
16 | (Source: P.A. 79-1434.)
| ||||||
17 | (215 ILCS
5/402) (from Ch. 73, par.
1014)
| ||||||
18 | Sec. 402.
Examinations, investigations and hearings. (1)
| ||||||
19 | All examinations, investigations and hearings provided
for by | ||||||
20 | this Code may be conducted either by the Director
personally, | ||||||
21 | or by one or more of the actuaries, technical
advisors, | ||||||
22 | deputies, supervisors or examiners employed or
retained by the | ||||||
23 | Department and designated by the Director for such
purpose. | ||||||
24 | When necessary to supplement its examination
procedures, the | ||||||
25 | Department may retain independent actuaries deemed
competent | ||||||
26 | by the Director, independent certified public
accountants, or | ||||||
27 | qualified examiners of insurance companies deemed
competent by | ||||||
28 | the Director, or any combination of the foregoing, the
cost of | ||||||
29 | which shall be borne by the company or person being
examined. | ||||||
30 | The Director may compensate independent actuaries,
certified | ||||||
31 | public accountants and qualified examiners retained
for | ||||||
32 | supplementing examination procedures in amounts not to
exceed | ||||||
33 | the reasonable and customary charges for such
services. The |
| |||||||
| |||||||
1 | Director may also accept as a part of the Department's
| ||||||
2 | examination of any company or person (a) a report by
an | ||||||
3 | independent actuary deemed competent by the Director
or (b) a | ||||||
4 | report of an audit made by an independent certified
public | ||||||
5 | accountant. Neither those persons so designated nor
any members | ||||||
6 | of their immediate families shall be officers of,
connected | ||||||
7 | with, or financially interested in any company other
than as | ||||||
8 | policyholders, nor shall they be financially
interested in any | ||||||
9 | other corporation or person affected by the
examination, | ||||||
10 | investigation or hearing. | ||||||
11 | (2) All hearings
provided for in this Code shall, unless | ||||||
12 | otherwise specially provided, be held at such time and
place as | ||||||
13 | shall be designated in a notice which shall be given
by the | ||||||
14 | Director in writing to the person or company whose
interests | ||||||
15 | are affected, at least 10 days before the date
designated | ||||||
16 | therein. The notice shall state the subject of inquiry
and the | ||||||
17 | specific charges, if any. The hearings shall be held
in the | ||||||
18 | City of Springfield, the City of Chicago, or in the
county | ||||||
19 | where the principal business address of the person or
company | ||||||
20 | affected is located. For a rate
increase filing in medical | ||||||
21 | liability insurance under subsection (c) of Section
155.18 of | ||||||
22 | this Code, the Director may hold a hearing with the
company and | ||||||
23 | policyholders present for the purpose of receiving
testimony | ||||||
24 | from the company and policyholders regarding the
rate increase. | ||||||
25 | The hearing must occur under written and express
terms and | ||||||
26 | conditions that are sufficient to protect from
disclosure | ||||||
27 | information that the subject medical liability
insurance | ||||||
28 | company deems proprietary, confidential, or a trade
secret. The | ||||||
29 | insurance company must give notice of the hearing
time, date, | ||||||
30 | and location to medical liability insurance
policyholders | ||||||
31 | whose rates have increased. Notice to policyholders
may be | ||||||
32 | given through regular publications issued to
policyholders or | ||||||
33 | by electronic means. Other than the cost of this
notice, the | ||||||
34 | Department shall be responsible for the costs of
this hearing.
|
| |||||||
| |||||||
1 | (Source: P.A. 87-757.)
| ||||||
2 | (215 ILCS
5/1204) (from Ch. 73, par.
1065.904)
| ||||||
3 | Sec. 1204.
(A) The Director shall promulgate rules and | ||||||
4 | regulations which shall require each insurer licensed
to write | ||||||
5 | property or casualty insurance in the State and each
syndicate | ||||||
6 | doing business on the Illinois Insurance Exchange to
record and | ||||||
7 | report its loss and expense experience and other data
as may be | ||||||
8 | necessary to assess the relationship of insurance
premiums and | ||||||
9 | related income as compared to insurance costs and
expenses. The | ||||||
10 | Director may designate one or more rate service
organizations | ||||||
11 | or advisory organizations to gather and compile such
experience | ||||||
12 | and data. The Director shall require each insurer
licensed to | ||||||
13 | write property or casualty insurance in this State and
each | ||||||
14 | syndicate doing business on the Illinois Insurance
Exchange to | ||||||
15 | submit a report, on a form furnished by the Director,
showing | ||||||
16 | its direct writings in this State and
companywide. | ||||||
17 | (B) Such report
required by subsection (A) of this Section | ||||||
18 | may include, but not be limited to, the following
specific | ||||||
19 | types of insurance written by such
insurer:
| ||||||
20 | (1)
Political subdivision liability insurance reported | ||||||
21 | separately in the following
categories:
| ||||||
22 | (a)
municipalities;
| ||||||
23 | (b)
school districts;
| ||||||
24 | (c)
other political subdivisions;
| ||||||
25 | (2)
Public official liability insurance;
| ||||||
26 | (3)
Dram shop liability insurance;
| ||||||
27 | (4)
Day care center liability insurance;
| ||||||
28 | (5)
Labor, fraternal or religious organizations | ||||||
29 | liability
insurance;
| ||||||
30 | (6)
Errors and omissions liability insurance;
| ||||||
31 | (7)
Officers and directors liability insurance | ||||||
32 | reported separately as
follows:
| ||||||
33 | (a)
non-profit entities;
|
| |||||||
| |||||||
1 | (b)
for-profit entities;
| ||||||
2 | (8)
Products liability insurance;
| ||||||
3 | (9)
Medical malpractice insurance;
| ||||||
4 | (10)
Attorney malpractice insurance;
| ||||||
5 | (11)
Architects and engineers malpractice insurance; | ||||||
6 | and
| ||||||
7 | (12)
Motor vehicle insurance reported separately for | ||||||
8 | commercial and private
passenger vehicles as follows:
| ||||||
9 | (a)
motor vehicle physical damage insurance;
| ||||||
10 | (b)
motor vehicle liability insurance. | ||||||
11 | (C) Such report
may include, but need not be limited to the | ||||||
12 | following data, both specific to this State and
companywide, in | ||||||
13 | the aggregate or by type of insurance for the previous
year on | ||||||
14 | a calendar year basis:
| ||||||
15 | (1)
Direct premiums written;
| ||||||
16 | (2)
Direct premiums earned;
| ||||||
17 | (3)
Number of policies;
| ||||||
18 | (4)
Net investment income, using appropriate estimates | ||||||
19 | where necessary;
| ||||||
20 | (5)
Losses paid;
| ||||||
21 | (6)
Losses incurred;
| ||||||
22 | (7)
Loss reserves:
| ||||||
23 | (a)
Losses unpaid on reported claims;
| ||||||
24 | (b)
Losses unpaid on incurred but not reported | ||||||
25 | claims;
| ||||||
26 | (8)
Number of claims:
| ||||||
27 | (a)
Paid claims;
| ||||||
28 | (b)
Arising claims;
| ||||||
29 | (9)
Loss adjustment expenses:
| ||||||
30 | (a)
Allocated loss adjustment expenses;
| ||||||
31 | (b)
Unallocated loss adjustment expenses;
| ||||||
32 | (10)
Net underwriting gain or loss;
| ||||||
33 | (11)
Net operation gain or loss, including net | ||||||
34 | investment
income;
|
| |||||||
| |||||||
1 | (12)
Any other information requested by the Director.
| ||||||
2 | (C-5)
Additional information required from medical | ||||||
3 | malpractice insurers. | ||||||
4 | (1)
In addition to the other requirements of this | ||||||
5 | Section, all medical
malpractice insurers shall include | ||||||
6 | the following information
in the report required by | ||||||
7 | subsection (A) of this
Section in such form and under such | ||||||
8 | terms and conditions as may
be prescribed by the Director: | ||||||
9 | (a)
paid and incurred losses by county for each of | ||||||
10 | the
past 10 policy years; and | ||||||
11 | (b)
earned exposures by ISO code, policy type, and | ||||||
12 | policy
year by county for each of the past 10 years. | ||||||
13 | (2)
All information collected by the Director under | ||||||
14 | paragraph (1) of this
subsection (C-5) shall be made | ||||||
15 | available, on an aggregate
basis, to the General Assembly | ||||||
16 | and the general public.
This provision shall supersede any | ||||||
17 | other provision of law that
may otherwise protect such | ||||||
18 | information from public
disclosure as confidential. The | ||||||
19 | identity of the plaintiff,
the defendant, the attorneys, | ||||||
20 | and the company shall not
be disclosed. | ||||||
21 | (D) In addition
to the information which may be requested | ||||||
22 | under subsection (C), the Director may also request on
a | ||||||
23 | companywide, aggregate basis, Federal Income Tax
recoverable, | ||||||
24 | net realized capital gain or loss, net unrealized
capital gain | ||||||
25 | or loss, and all other expenses not requested in
subsection (C) | ||||||
26 | above. | ||||||
27 | (E) Violations -
Suspensions - Revocations.
| ||||||
28 | (1)
Any company or person subject to this Article, who | ||||||
29 | willfully or repeatedly fails
to observe or who otherwise | ||||||
30 | violates any of the provisions
of this Article or any rule | ||||||
31 | or regulation promulgated by
the Director under authority | ||||||
32 | of this Article or any final
order of the Director entered | ||||||
33 | under the authority of this
Article shall by civil penalty | ||||||
34 | forfeit to the State of
Illinois a sum not to exceed |
| |||||||
| |||||||
1 | $2,000. Each day during which
a violation occurs | ||||||
2 | constitutes a separate
offense.
| ||||||
3 | (2)
No forfeiture liability under paragraph (1) of this | ||||||
4 | subsection may attach unless a
written notice of apparent | ||||||
5 | liability has been issued by
the Director and received by | ||||||
6 | the respondent, or the
Director sends written notice of | ||||||
7 | apparent liability by
registered or certified mail, return | ||||||
8 | receipt requested, to the last
known address of the | ||||||
9 | respondent. Any respondent so
notified must be granted an | ||||||
10 | opportunity to request a
hearing within 10 days from | ||||||
11 | receipt of notice, or to show
in writing, why he should not | ||||||
12 | be held liable. A notice
issued under this Section must set | ||||||
13 | forth the date, facts and
nature of the act or omission | ||||||
14 | with which the respondent is
charged and must specifically | ||||||
15 | identify the particular
provision of this Article, rule, | ||||||
16 | regulation or order of which a
violation is charged.
| ||||||
17 | (3)
No forfeiture liability under paragraph (1) of this | ||||||
18 | subsection may attach for any
violation occurring more than | ||||||
19 | 2 years prior to the date of
issuance of the notice of | ||||||
20 | apparent liability and in no
event may the total civil | ||||||
21 | penalty forfeiture imposed for
the acts or omissions set | ||||||
22 | forth in any one notice of
apparent liability exceed | ||||||
23 | $100,000.
| ||||||
24 | (4)
All administrative hearings conducted pursuant to | ||||||
25 | this Article are subject to 50
Ill. Adm. Code 2402 and all | ||||||
26 | administrative hearings are
subject to the Administrative | ||||||
27 | Review Law.
| ||||||
28 | (5)
The civil penalty forfeitures provided for in this | ||||||
29 | Section are payable to the
General Revenue Fund of the | ||||||
30 | State of Illinois, and may be
recovered in a civil suit in | ||||||
31 | the name of the State of
Illinois brought in the Circuit | ||||||
32 | Court in Sangamon County or in
the Circuit Court of the | ||||||
33 | county where the respondent is
domiciled or has its | ||||||
34 | principal operating
office.
|
| |||||||
| |||||||
1 | (6)
In any case where the Director issues a notice of | ||||||
2 | apparent liability looking
toward the imposition of a civil | ||||||
3 | penalty forfeiture under this
Section that fact may not be | ||||||
4 | used in any other proceeding
before the Director to the | ||||||
5 | prejudice of the respondent to
whom the notice was issued, | ||||||
6 | unless (a) the civil penalty
forfeiture has been paid, or | ||||||
7 | (b) a court has ordered
payment of the civil penalty | ||||||
8 | forfeiture and that order has
become final.
| ||||||
9 | (7)
When any person or company has a license or | ||||||
10 | certificate of authority under
this Code and knowingly | ||||||
11 | fails or refuses to comply
with a lawful order of the | ||||||
12 | Director requiring compliance
with this Article, entered | ||||||
13 | after notice and hearing,
within the period of time | ||||||
14 | specified in the order, the
Director may, in addition to | ||||||
15 | any other penalty or authority
provided, revoke or refuse | ||||||
16 | to renew the license or
certificate of authority of such | ||||||
17 | person or company, or may
suspend the license or | ||||||
18 | certificate of authority of
such person or company until | ||||||
19 | compliance with such order has
been obtained.
| ||||||
20 | (8)
When any person or company has a license or | ||||||
21 | certificate of authority under
this Code and knowingly | ||||||
22 | fails or refuses to comply
with any provisions of this | ||||||
23 | Article, the Director may,
after notice and hearing, in | ||||||
24 | addition to any other penalty
provided, revoke or refuse to | ||||||
25 | renew the license or
certificate of authority of such | ||||||
26 | person or company, or may
suspend the license or | ||||||
27 | certificate of authority of
such person or company, until | ||||||
28 | compliance with such provision
of this Article has been | ||||||
29 | obtained.
| ||||||
30 | (9)
No suspension or revocation under this Section may | ||||||
31 | become effective until 5 days
from the date that the notice | ||||||
32 | of suspension or revocation
has been personally delivered | ||||||
33 | or delivered by registered or
certified mail to the company | ||||||
34 | or person. A suspension or
revocation under this Section is |
| |||||||
| |||||||
1 | stayed upon the filing, by the
company or person, of a | ||||||
2 | petition for judicial review
under the Administrative | ||||||
3 | Review Law.
| ||||||
4 | (Source: P.A. 93-32, eff. 7-1-03.)
| ||||||
5 | Section 315.
The Medical Practice Act of 1987 is amended by | ||||||
6 | changing Sections 7, 22, 23, 24, and 36 as
follows:
| ||||||
7 | (225 ILCS
60/7) (from Ch. 111, par.
4400-7)
| ||||||
8 | (Section
scheduled to be repealed on January 1, 2007) | ||||||
9 | Sec. 7.
Medical Disciplinary Board.
| ||||||
10 | (A) There is
hereby created the Illinois State Medical | ||||||
11 | Disciplinary Board (hereinafter referred to as the
| ||||||
12 | "Disciplinary Board"). The Disciplinary Board shall
consist of | ||||||
13 | 9 members, to be appointed by the Governor by and with
the | ||||||
14 | advice and consent of the Senate. All shall be
residents of the | ||||||
15 | State, not more than 5 of whom shall be members of the
same | ||||||
16 | political party. Five members shall be physicians
licensed to | ||||||
17 | practice medicine in all of its branches in Illinois
possessing | ||||||
18 | the degree of doctor of medicine. Two shall be members
of the | ||||||
19 | public, who shall not be engaged in any way, directly
or | ||||||
20 | indirectly, as providers of health care. The 2 public
members | ||||||
21 | shall act as voting members. One member shall be a
physician | ||||||
22 | licensed to practice in Illinois possessing the degree
of | ||||||
23 | doctor of osteopathy or osteopathic medicine. One
member shall | ||||||
24 | be a physician licensed to practice in Illinois and
possessing | ||||||
25 | the degree of doctor of chiropractic.
| ||||||
26 | (B) Members of
the Disciplinary Board shall be appointed | ||||||
27 | for terms of 4 years. Upon the expiration of the term
of any | ||||||
28 | member, their successor shall be appointed for a term
of 4 | ||||||
29 | years by the Governor by and with the advice and
consent of the | ||||||
30 | Senate. The Governor shall fill any vacancy for the
remainder | ||||||
31 | of the unexpired term by and with the advice and
consent of the | ||||||
32 | Senate. Upon recommendation of the Board, any member
of the |
| |||||||
| |||||||
1 | Disciplinary Board may be removed by the Governor for
| ||||||
2 | misfeasance, malfeasance, or wilful neglect of duty,
after | ||||||
3 | notice, and a public hearing, unless such notice and
hearing | ||||||
4 | shall be expressly waived in writing. Each member
shall serve | ||||||
5 | on the Disciplinary Board until their successor is
appointed | ||||||
6 | and qualified. No member of the Disciplinary Board
shall serve | ||||||
7 | more than 2 consecutive 4 year terms.
| ||||||
8 | In making
appointments the Governor shall attempt to insure | ||||||
9 | that the various social and geographic regions of the
State of | ||||||
10 | Illinois are properly represented.
| ||||||
11 | In making the
designation of persons to act for the several | ||||||
12 | professions represented on the Disciplinary Board, the
| ||||||
13 | Governor shall give due consideration to
recommendations by | ||||||
14 | members of the respective professions and by
organizations | ||||||
15 | therein. | ||||||
16 | (C) The
Disciplinary Board shall annually elect one of its | ||||||
17 | voting members as chairperson and one as vice
chairperson. No | ||||||
18 | officer shall be elected more than twice in succession
to the | ||||||
19 | same office. Each officer shall serve until their
successor has | ||||||
20 | been elected and qualified. | ||||||
21 | (D)
(Blank). | ||||||
22 | (E) Four voting
members of the Disciplinary Board shall | ||||||
23 | constitute a quorum. A vacancy in the membership of
the | ||||||
24 | Disciplinary Board shall not impair the right of a
quorum to | ||||||
25 | exercise all the rights and perform all the duties of
the | ||||||
26 | Disciplinary Board. Any action taken by the
Disciplinary Board | ||||||
27 | under this Act may be authorized by resolution at any
regular | ||||||
28 | or special meeting and each such resolution shall take
effect | ||||||
29 | immediately. The Disciplinary Board shall meet at
least | ||||||
30 | quarterly. The Disciplinary Board is empowered to
adopt all | ||||||
31 | rules and regulations necessary and incident to the
powers | ||||||
32 | granted to it under this Act.
| ||||||
33 | (F) Each member,
and member-officer, of the Disciplinary | ||||||
34 | Board shall receive a per diem stipend as the Director
of the |
| |||||||
| |||||||
1 | Department, hereinafter referred to as the Director,
shall | ||||||
2 | determine. The Director shall also determine the per
diem | ||||||
3 | stipend that each ex-officio member shall receive.
Each member | ||||||
4 | shall be paid their necessary expenses while engaged
in the | ||||||
5 | performance of their duties.
| ||||||
6 | (G) The Director
shall select a Chief Medical Coordinator | ||||||
7 | and not less than 2
a Deputy Medical
Coordinators
Coordinator | ||||||
8 | who shall not be members of the Disciplinary Board.
Each | ||||||
9 | medical coordinator shall be a physician licensed to
practice | ||||||
10 | medicine in all of its branches, and the Director
shall set | ||||||
11 | their rates of compensation. The Director shall assign
at least | ||||||
12 | one medical coordinator to a region composed of Cook
County and | ||||||
13 | such other counties as the Director may deem
appropriate, and | ||||||
14 | such medical coordinator or
coordinators shall locate their | ||||||
15 | office in Chicago. The Director shall assign
at least one the
| ||||||
16 | remaining medical
coordinator to a region composed of the | ||||||
17 | balance of counties in the State, and such medical
coordinator | ||||||
18 | or coordinators shall locate their
office in Springfield. Each | ||||||
19 | medical coordinator shall be the chief enforcement
officer of | ||||||
20 | this Act in his or
her their
assigned region and shall serve at | ||||||
21 | the will of the Disciplinary Board.
| ||||||
22 | The Director
shall employ, in conformity with the Personnel | ||||||
23 | Code, not less than one full time investigator for
every 2,500 | ||||||
24 | 5000 physicians licensed
in the State. Each investigator shall | ||||||
25 | be a college graduate with at least 2 years'
investigative | ||||||
26 | experience or one year advanced medical education.
Upon the | ||||||
27 | written request of the Disciplinary Board, the
Director shall | ||||||
28 | employ, in conformity with the Personnel Code, such
other | ||||||
29 | professional, technical, investigative, and clerical
help, | ||||||
30 | either on a full or part-time basis as the
Disciplinary Board | ||||||
31 | deems necessary for the proper performance of its
duties. | ||||||
32 | (H) Upon the
specific request of the Disciplinary Board, | ||||||
33 | signed by either the chairman, vice chairman, or a
medical | ||||||
34 | coordinator of the Disciplinary Board, the Department
of Human |
| |||||||
| |||||||
1 | Services or the Department of State Police shall make
available | ||||||
2 | any and all information that they have in their
possession | ||||||
3 | regarding a particular case then under investigation
by the | ||||||
4 | Disciplinary Board. | ||||||
5 | (I) Members of
the Disciplinary Board shall be immune from | ||||||
6 | suit in any action based upon any disciplinary
proceedings or | ||||||
7 | other acts performed in good faith as members of the
| ||||||
8 | Disciplinary Board. | ||||||
9 | (J) The
Disciplinary Board may compile and establish a | ||||||
10 | statewide roster of physicians and other medical
| ||||||
11 | professionals, including the several medical
specialties, of | ||||||
12 | such physicians and medical professionals, who have
agreed to | ||||||
13 | serve from time to time as advisors to the medical
| ||||||
14 | coordinators. Such advisors shall assist the medical
| ||||||
15 | coordinators or the Disciplinary
Board in their investigations | ||||||
16 | and participation in complaints against physicians.
Such | ||||||
17 | advisors shall serve under contract and shall be
reimbursed at | ||||||
18 | a reasonable rate for the services provided, plus
reasonable | ||||||
19 | expenses incurred. While serving in this capacity, the
advisor, | ||||||
20 | for any act undertaken in good faith and in the
conduct of | ||||||
21 | their duties under this Section, shall be immune from
civil | ||||||
22 | suit. | ||||||
23 | (Source: P.A. 93-138, eff. 7-10-03.)
| ||||||
24 | (225 ILCS
60/22) (from Ch. 111, par.
4400-22)
| ||||||
25 | (Section
scheduled to be repealed on January 1, 2007) | ||||||
26 | Sec. 22.
Disciplinary action.
| ||||||
27 | (A) The
Department may revoke, suspend, place on | ||||||
28 | probationary status, refuse to
renew, or take any other | ||||||
29 | disciplinary action as the Department may deem proper
with | ||||||
30 | regard to the license or visiting professor permit of
any | ||||||
31 | person issued under this Act to practice medicine, or
to treat | ||||||
32 | human ailments without the use of drugs and without
operative | ||||||
33 | surgery upon any of the following
grounds:
|
| |||||||
| |||||||
1 | (1)
Performance of an elective abortion in any place, | ||||||
2 | locale, facility, or
institution other than:
| ||||||
3 | (a)
a facility licensed pursuant to the Ambulatory | ||||||
4 | Surgical
Treatment Center Act;
| ||||||
5 | (b)
an institution licensed under the Hospital | ||||||
6 | Licensing
Act; or
| ||||||
7 | (c)
an ambulatory surgical treatment center or | ||||||
8 | hospitalization
or care facility maintained by the | ||||||
9 | State
or any agency thereof, where such department or | ||||||
10 | agency
has authority under law to establish and enforce | ||||||
11 | standards
for the ambulatory surgical treatment | ||||||
12 | centers,
hospitalization, or care facilities under its | ||||||
13 | management
and control; or
| ||||||
14 | (d)
ambulatory surgical treatment centers, | ||||||
15 | hospitalization
or care facilities maintained by the | ||||||
16 | Federal
Government; or
| ||||||
17 | (e)
ambulatory surgical treatment centers, | ||||||
18 | hospitalization
or care facilities maintained by any | ||||||
19 | university
or college established under the laws of | ||||||
20 | this
State and supported principally by public funds | ||||||
21 | raised
by taxation.
| ||||||
22 | (2)
Performance of an abortion procedure in a wilful | ||||||
23 | and wanton manner on a woman
who was not pregnant at the | ||||||
24 | time the abortion procedure
was performed.
| ||||||
25 | (3)
The conviction of a felony in this or any other | ||||||
26 | jurisdiction, except as
otherwise provided in subsection B | ||||||
27 | of this Section, whether or
not related to practice under | ||||||
28 | this Act, or the entry of a
guilty or nolo contendere plea | ||||||
29 | to a felony
charge.
| ||||||
30 | (4)
Gross negligence in practice under this Act.
| ||||||
31 | (5)
Engaging in dishonorable, unethical or | ||||||
32 | unprofessional conduct of a
character likely to deceive, | ||||||
33 | defraud or harm the
public.
| ||||||
34 | (6)
Obtaining any fee by fraud, deceit, or |
| |||||||
| |||||||
1 | misrepresentation.
| ||||||
2 | (7)
Habitual or excessive use or abuse of drugs defined | ||||||
3 | in law as controlled
substances, of alcohol, or of any | ||||||
4 | other substances which results
in the inability to practice | ||||||
5 | with reasonable judgment,
skill or safety.
| ||||||
6 | (8)
Practicing under a false or, except as provided by | ||||||
7 | law, an assumed
name.
| ||||||
8 | (9)
Fraud or misrepresentation in applying for, or | ||||||
9 | procuring, a license under
this Act or in connection with | ||||||
10 | applying for renewal of a
license under this Act.
| ||||||
11 | (10)
Making a false or misleading statement regarding | ||||||
12 | their skill or the efficacy or
value of the medicine, | ||||||
13 | treatment, or remedy
prescribed by them at their direction | ||||||
14 | in the treatment of any
disease or other condition of the | ||||||
15 | body or mind.
| ||||||
16 | (11)
Allowing another person or organization to use | ||||||
17 | their license, procured under
this Act, to practice.
| ||||||
18 | (12)
Disciplinary action of another state or | ||||||
19 | jurisdiction against a license
or other authorization to | ||||||
20 | practice as a medical doctor,
doctor of osteopathy, doctor | ||||||
21 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
22 | certified copy of the record
of the action taken by the | ||||||
23 | other state or jurisdiction
being prima facie evidence | ||||||
24 | thereof.
| ||||||
25 | (13)
Violation of any provision of this Act or of the | ||||||
26 | Medical Practice Act prior to
the repeal of that Act, or | ||||||
27 | violation of the rules, or a
final administrative action of | ||||||
28 | the Director, after
consideration of the recommendation of | ||||||
29 | the Disciplinary
Board.
| ||||||
30 | (14)
Dividing with anyone other than physicians with | ||||||
31 | whom the licensee practices in
a partnership, Professional | ||||||
32 | Association, limited liability
company, or Medical or | ||||||
33 | Professional Corporation any
fee, commission, rebate or | ||||||
34 | other form of compensation for
any professional services |
| |||||||
| |||||||
1 | not actually and personally
rendered. Nothing contained in | ||||||
2 | this subsection prohibits
persons holding valid and | ||||||
3 | current licenses under this
Act from practicing medicine in | ||||||
4 | partnership under a
partnership agreement, including a | ||||||
5 | limited liability partnership,
in a limited liability | ||||||
6 | company under the Limited
Liability Company Act, in a | ||||||
7 | corporation authorized by the
Medical Corporation Act, as | ||||||
8 | an association authorized by
the Professional Association | ||||||
9 | Act, or in a corporation under
the Professional Corporation | ||||||
10 | Act or from pooling, sharing,
dividing or apportioning the | ||||||
11 | fees and monies received by
them or by the partnership, | ||||||
12 | corporation or association in
accordance with the | ||||||
13 | partnership agreement or the
policies of the Board of | ||||||
14 | Directors of the corporation
or association. Nothing | ||||||
15 | contained in this subsection
prohibits 2 or more | ||||||
16 | corporations authorized by the
Medical Corporation Act, | ||||||
17 | from forming a partnership or
joint venture of such | ||||||
18 | corporations, and providing
medical, surgical and | ||||||
19 | scientific research and
knowledge by employees of these | ||||||
20 | corporations if such employees
are licensed under this Act, | ||||||
21 | or from pooling, sharing,
dividing, or apportioning the | ||||||
22 | fees and monies received by
the partnership or joint | ||||||
23 | venture in accordance with the
partnership or joint venture | ||||||
24 | agreement. Nothing contained
in this subsection shall | ||||||
25 | abrogate the right of 2 or
more persons, holding valid and | ||||||
26 | current licenses under this
Act, to each receive adequate | ||||||
27 | compensation for concurrently
rendering professional | ||||||
28 | services to a patient and
divide a fee; provided, the | ||||||
29 | patient has full knowledge of
the division, and, provided, | ||||||
30 | that the division is made in
proportion to the services | ||||||
31 | performed and responsibility
assumed by each.
| ||||||
32 | (15)
A finding by the Medical Disciplinary Board that | ||||||
33 | the registrant after having
his or her license placed on | ||||||
34 | probationary status or
subjected to conditions or |
| |||||||
| |||||||
1 | restrictions violated the
terms of the probation or failed | ||||||
2 | to comply with such terms or
conditions.
| ||||||
3 | (16)
Abandonment of a patient.
| ||||||
4 | (17)
Prescribing, selling, administering, | ||||||
5 | distributing, giving or
self-administering any drug | ||||||
6 | classified as a controlled
substance (designated product) | ||||||
7 | or narcotic for other than
medically accepted therapeutic | ||||||
8 | purposes.
| ||||||
9 | (18)
Promotion of the sale of drugs, devices, | ||||||
10 | appliances or goods provided
for a patient in such manner | ||||||
11 | as to exploit the patient for
financial gain of the | ||||||
12 | physician.
| ||||||
13 | (19)
Offering, undertaking or agreeing to cure or treat | ||||||
14 | disease by a secret method,
procedure, treatment or | ||||||
15 | medicine, or the treating,
operating or prescribing for any | ||||||
16 | human condition by a method,
means or procedure which the | ||||||
17 | licensee refuses to divulge
upon demand of the Department.
| ||||||
18 | (20)
Immoral conduct in the commission of any act | ||||||
19 | including, but not limited to,
commission of an act of | ||||||
20 | sexual misconduct related to
the licensee's practice.
| ||||||
21 | (21)
Wilfully making or filing false records or reports | ||||||
22 | in his or her practice as a
physician, including, but not | ||||||
23 | limited to, false records to
support claims against the | ||||||
24 | medical assistance program of
the Department of Public Aid | ||||||
25 | under the Illinois Public Aid
Code.
| ||||||
26 | (22)
Wilful omission to file or record, or wilfully | ||||||
27 | impeding the filing or
recording, or inducing another | ||||||
28 | person to omit to file or
record, medical reports as | ||||||
29 | required by law, or wilfully
failing to report an instance | ||||||
30 | of suspected abuse or neglect
as required by law.
| ||||||
31 | (23)
Being named as a perpetrator in an indicated | ||||||
32 | report by the Department of
Children and Family Services | ||||||
33 | under the Abused and Neglected
Child Reporting Act, and | ||||||
34 | upon proof by clear and
convincing evidence that the |
| |||||||
| |||||||
1 | licensee has caused a child to
be an abused child or | ||||||
2 | neglected child as defined in
the Abused and Neglected | ||||||
3 | Child Reporting
Act.
| ||||||
4 | (24)
Solicitation of professional patronage by any | ||||||
5 | corporation, agents or
persons, or profiting from those | ||||||
6 | representing themselves to be
agents of the licensee.
| ||||||
7 | (25)
Gross and wilful and continued overcharging for | ||||||
8 | professional services,
including filing false statements | ||||||
9 | for collection of fees for
which services are not rendered, | ||||||
10 | including, but not limited to,
filing such false statements | ||||||
11 | for collection of monies for
services not rendered from the | ||||||
12 | medical assistance program of
the Department of Public Aid | ||||||
13 | under the Illinois Public Aid
Code.
| ||||||
14 | (26)
A pattern of practice or other behavior which | ||||||
15 | demonstrates incapacity or
incompetence to practice under | ||||||
16 | this Act.
| ||||||
17 | (27)
Mental illness or disability which results in the | ||||||
18 | inability to practice under
this Act with reasonable | ||||||
19 | judgment, skill or
safety.
| ||||||
20 | (28)
Physical illness, including, but not limited to, | ||||||
21 | deterioration through the
aging process, or loss of motor | ||||||
22 | skill which results in a
physician's inability to practice | ||||||
23 | under this Act with reasonable
judgment, skill or safety.
| ||||||
24 | (29)
Cheating on or attempt to subvert the licensing | ||||||
25 | examinations administered
under this Act.
| ||||||
26 | (30)
Wilfully or negligently violating the | ||||||
27 | confidentiality between
physician and patient except as | ||||||
28 | required by law.
| ||||||
29 | (31)
The use of any false, fraudulent, or deceptive | ||||||
30 | statement in any document
connected with practice under | ||||||
31 | this Act.
| ||||||
32 | (32)
Aiding and abetting an individual not licensed | ||||||
33 | under this Act in the practice
of a profession licensed | ||||||
34 | under this Act.
|
| |||||||
| |||||||
1 | (33)
Violating state or federal laws or regulations | ||||||
2 | relating to controlled
substances , legend drugs, or | ||||||
3 | ephedra, as defined in the
Ephedra Prohibition Act .
| ||||||
4 | (34)
Failure to report to the Department any adverse | ||||||
5 | final action taken against
them by another licensing | ||||||
6 | jurisdiction (any other state
or any territory of the | ||||||
7 | United States or any foreign
state or country), by any peer | ||||||
8 | review body, by any health
care institution, by any | ||||||
9 | professional society or
association related to practice | ||||||
10 | under this Act, by any
governmental agency, by any law | ||||||
11 | enforcement agency, or by any
court for acts or conduct | ||||||
12 | similar to acts or conduct
which would constitute grounds | ||||||
13 | for action as defined in this
Section.
| ||||||
14 | (35)
Failure to report to the Department surrender of a | ||||||
15 | license or authorization to
practice as a medical doctor, a | ||||||
16 | doctor of osteopathy, a doctor
of osteopathic medicine, or | ||||||
17 | doctor of chiropractic in
another state or jurisdiction, or | ||||||
18 | surrender of membership on any
medical staff or in any | ||||||
19 | medical or professional
association or society, while | ||||||
20 | under disciplinary
investigation by any of those | ||||||
21 | authorities or bodies, for
acts or conduct similar to acts | ||||||
22 | or conduct which would
constitute grounds for action as | ||||||
23 | defined in this
Section.
| ||||||
24 | (36)
Failure to report to the Department any adverse | ||||||
25 | judgment, settlement, or award
arising from a liability | ||||||
26 | claim related to acts or
conduct similar to acts or conduct | ||||||
27 | which would constitute grounds
for action as defined in | ||||||
28 | this Section.
| ||||||
29 | (37)
Failure to transfer copies of medical records as | ||||||
30 | required by law.
| ||||||
31 | (38)
Failure to furnish the Department, its | ||||||
32 | investigators or
representatives, relevant information, | ||||||
33 | legally requested by the
Department after consultation | ||||||
34 | with the Chief Medical
Coordinator or the Deputy Medical |
| |||||||
| |||||||
1 | Coordinator.
| ||||||
2 | (39)
Violating the Health Care Worker Self-Referral | ||||||
3 | Act.
| ||||||
4 | (40)
Willful failure to provide notice when notice is | ||||||
5 | required under the Parental
Notice of Abortion Act of 1995.
| ||||||
6 | (41)
Failure to establish and maintain records of | ||||||
7 | patient care and treatment as
required by this law.
| ||||||
8 | (42)
Entering into an excessive number of written | ||||||
9 | collaborative agreements with
licensed advanced practice | ||||||
10 | nurses resulting in an
inability to adequately collaborate | ||||||
11 | and provide medical
direction.
| ||||||
12 | (43)
Repeated failure to adequately collaborate with | ||||||
13 | or provide medical direction
to a licensed advanced | ||||||
14 | practice nurse.
| ||||||
15 | Except for
actions involving the ground numbered (26), all
| ||||||
16 | All proceedings to
suspend, revoke, place on probationary | ||||||
17 | status, or take any other disciplinary action as the
Department | ||||||
18 | may deem proper, with regard to a license on any of
the | ||||||
19 | foregoing grounds, must be commenced within
5
3 years next | ||||||
20 | after receipt by the Department of a complaint
alleging the | ||||||
21 | commission of or notice of the conviction order for
any of the | ||||||
22 | acts described herein. Except for the grounds numbered
(8), | ||||||
23 | (9) , (26), and (29),
no action shall be commenced more than 10
| ||||||
24 | 5 years after the date
of the incident or act alleged to have | ||||||
25 | violated this Section. For actions
involving the ground | ||||||
26 | numbered (26), a pattern of practice or other
behavior includes | ||||||
27 | all incidents alleged to be part of the pattern of
practice or | ||||||
28 | other behavior that occurred or a report pursuant
to Section 23 | ||||||
29 | of this Act received within the 10-year period
preceding the | ||||||
30 | filing of the complaint. In the
event of the settlement of any | ||||||
31 | claim or cause of action in favor of the claimant or
the | ||||||
32 | reduction to final judgment of any civil action in
favor of the | ||||||
33 | plaintiff, such claim, cause of action or civil action
being | ||||||
34 | grounded on the allegation that a person licensed
under this |
| |||||||
| |||||||
1 | Act was negligent in providing care, the Department
shall have | ||||||
2 | an additional period of 2
years one year
from the date of | ||||||
3 | notification to the Department under Section 23 of
this Act of | ||||||
4 | such settlement or final judgment in which to
investigate and | ||||||
5 | commence formal disciplinary proceedings under Section
36 of | ||||||
6 | this Act, except as otherwise provided by law.
The Department | ||||||
7 | shall expunge the records of discipline solely for
| ||||||
8 | administrative matters 3 years after final
disposition or after | ||||||
9 | the statute of limitations has expired, whichever
is later. The | ||||||
10 | time during which the holder of the license was
outside the | ||||||
11 | State of Illinois shall not be included within any
period of | ||||||
12 | time limiting the commencement of disciplinary action
by the | ||||||
13 | Department. | ||||||
14 | The entry of an
order or judgment by any circuit court | ||||||
15 | establishing that any person holding a license under
this Act | ||||||
16 | is a person in need of mental treatment operates as a
| ||||||
17 | suspension of that license. That person may resume
their | ||||||
18 | practice only upon the entry of a Departmental order
based upon | ||||||
19 | a finding by the Medical Disciplinary Board that they
have been | ||||||
20 | determined to be recovered from mental illness by the
court and | ||||||
21 | upon the Disciplinary Board's recommendation that they
be | ||||||
22 | permitted to resume their practice.
| ||||||
23 | The Department
may refuse to issue or take disciplinary | ||||||
24 | action concerning the license of any person who fails
to file a | ||||||
25 | return, or to pay the tax, penalty or interest shown
in a filed | ||||||
26 | return, or to pay any final assessment of tax, penalty
or | ||||||
27 | interest, as required by any tax Act administered by
the | ||||||
28 | Illinois Department of Revenue, until such time as the
| ||||||
29 | requirements of any such tax Act are satisfied as
determined by | ||||||
30 | the Illinois Department of Revenue.
| ||||||
31 | The Department,
upon the recommendation of the | ||||||
32 | Disciplinary Board, shall adopt rules which set forth
standards | ||||||
33 | to be used in determining:
| ||||||
34 | (a)
when a person will be deemed sufficiently |
| |||||||
| |||||||
1 | rehabilitated to warrant the
public trust;
| ||||||
2 | (b)
what constitutes dishonorable, unethical or | ||||||
3 | unprofessional conduct of a
character likely to deceive, | ||||||
4 | defraud, or harm the
public;
| ||||||
5 | (c)
what constitutes immoral conduct in the commission | ||||||
6 | of any act, including, but not
limited to, commission of an | ||||||
7 | act of sexual misconduct
related to the licensee's | ||||||
8 | practice; and
| ||||||
9 | (d)
what constitutes gross negligence in the practice | ||||||
10 | of medicine.
| ||||||
11 | However, no such
rule shall be admissible into evidence in | ||||||
12 | any civil action except for review of a licensing or
other | ||||||
13 | disciplinary action under this Act.
| ||||||
14 | In enforcing this
Section, the Medical Disciplinary Board, | ||||||
15 | upon a showing of a possible violation, may compel any
| ||||||
16 | individual licensed to practice under this Act, or who
has | ||||||
17 | applied for licensure or a permit pursuant to this
Act, to | ||||||
18 | submit to a mental or physical examination, or both,
as | ||||||
19 | required by and at the expense of the Department. The
examining | ||||||
20 | physician or physicians shall be those specifically
designated | ||||||
21 | by the Disciplinary Board. The Medical Disciplinary
Board or | ||||||
22 | the Department may order the examining physician to
present | ||||||
23 | testimony concerning this mental or physical
examination of the | ||||||
24 | licensee or applicant. No information shall be
excluded by | ||||||
25 | reason of any common law or statutory privilege
relating to | ||||||
26 | communication between the licensee or applicant and
the | ||||||
27 | examining physician. The individual to be examined may
have, at | ||||||
28 | his or her own expense, another physician of his or
her choice | ||||||
29 | present during all aspects of the examination. Failure
of any | ||||||
30 | individual to submit to mental or physical
examination, when | ||||||
31 | directed, shall be grounds for suspension of his or
her license | ||||||
32 | until such time as the individual submits to the
examination if | ||||||
33 | the Disciplinary Board finds, after notice and
hearing, that | ||||||
34 | the refusal to submit to the examination was without
reasonable |
| |||||||
| |||||||
1 | cause. If the Disciplinary Board finds a physician
unable to | ||||||
2 | practice because of the reasons set forth in this
Section, the | ||||||
3 | Disciplinary Board shall require such physician to
submit to | ||||||
4 | care, counseling, or treatment by physicians approved
or | ||||||
5 | designated by the Disciplinary Board, as a condition
for | ||||||
6 | continued, reinstated, or renewed licensure to
practice. Any | ||||||
7 | physician, whose license was granted pursuant to
Sections 9, | ||||||
8 | 17, or 19 of this Act, or, continued, reinstated,
renewed, | ||||||
9 | disciplined or supervised, subject to such terms,
conditions or | ||||||
10 | restrictions who shall fail to comply with such terms,
| ||||||
11 | conditions or restrictions, or to complete a required
program | ||||||
12 | of care, counseling, or treatment, as determined by
the Chief | ||||||
13 | Medical Coordinator or Deputy Medical Coordinators,
shall be | ||||||
14 | referred to the Director for a determination as to
whether the | ||||||
15 | licensee shall have their license suspended
immediately, | ||||||
16 | pending a hearing by the Disciplinary Board. In
instances in | ||||||
17 | which the Director immediately suspends a license
under this | ||||||
18 | Section, a hearing upon such person's license must be
convened | ||||||
19 | by the Disciplinary Board within 15 days after such
suspension | ||||||
20 | and completed without appreciable delay. The
Disciplinary | ||||||
21 | Board shall have the authority to review the subject
| ||||||
22 | physician's record of treatment and counseling
regarding the | ||||||
23 | impairment, to the extent permitted by applicable
federal | ||||||
24 | statutes and regulations safeguarding the
confidentiality of | ||||||
25 | medical records. | ||||||
26 | An individual
licensed under this Act, affected under this | ||||||
27 | Section, shall be afforded an opportunity to
demonstrate to the | ||||||
28 | Disciplinary Board that they can resume practice in
compliance | ||||||
29 | with acceptable and prevailing standards under the
provisions | ||||||
30 | of their license. | ||||||
31 | The Department
may promulgate rules for the imposition of | ||||||
32 | fines in disciplinary cases, not to exceed
$10,000
$5,000 for | ||||||
33 | each violation of this Act. Fines may be imposed in
conjunction | ||||||
34 | with other forms of disciplinary action, but shall not
be the |
| |||||||
| |||||||
1 | exclusive disposition of any disciplinary action
arising out of | ||||||
2 | conduct resulting in death or injury to a patient. Any
funds | ||||||
3 | collected from such fines shall be deposited in the
Medical | ||||||
4 | Disciplinary Fund. | ||||||
5 | (B) The
Department shall revoke the license or visiting | ||||||
6 | permit of any person issued under this Act to practice
medicine | ||||||
7 | or to treat human ailments without the use of drugs
and without | ||||||
8 | operative surgery, who has been convicted a second
time of | ||||||
9 | committing any felony under the Illinois Controlled
Substances | ||||||
10 | Act, or who has been convicted a second time of
committing a | ||||||
11 | Class 1 felony under Sections 8A-3 and 8A-6 of the
Illinois | ||||||
12 | Public Aid Code. A person whose license or visiting
permit is | ||||||
13 | revoked under this subsection B of Section 22 of this
Act shall | ||||||
14 | be prohibited from practicing medicine or treating
human | ||||||
15 | ailments without the use of drugs and without
operative | ||||||
16 | surgery. | ||||||
17 | (C) The Medical
Disciplinary Board shall recommend to the | ||||||
18 | Department civil penalties and any other appropriate
| ||||||
19 | discipline in disciplinary cases when the Board finds
that a | ||||||
20 | physician willfully performed an abortion with actual
| ||||||
21 | knowledge that the person upon whom the abortion has
been | ||||||
22 | performed is a minor or an incompetent person without
notice as | ||||||
23 | required under the Parental Notice of Abortion Act of
1995. | ||||||
24 | Upon the Board's recommendation, the Department shall
impose, | ||||||
25 | for the first violation, a civil penalty of $1,000 and
for a | ||||||
26 | second or subsequent violation, a civil penalty of
$5,000. | ||||||
27 | (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
89-626, | ||||||
28 | eff. 8-9-96; 89-702, eff. 7-1-97; 90-742, eff.
8-13-98.)
| ||||||
29 | (225 ILCS
60/23) (from Ch. 111, par.
4400-23)
| ||||||
30 | (Section
scheduled to be repealed on January 1, 2007) | ||||||
31 | Sec. 23.
Reports relating to professional conduct and | ||||||
32 | capacity. | ||||||
33 | (A) Entities
required to report.
|
| |||||||
| |||||||
1 | (1)
Health care institutions. The chief administrator | ||||||
2 | or executive officer of any
health care institution | ||||||
3 | licensed by the Illinois
Department of Public Health shall | ||||||
4 | report to the Disciplinary
Board when any person's clinical | ||||||
5 | privileges are terminated or
are restricted based on a | ||||||
6 | final determination, in
accordance with that institution's | ||||||
7 | by-laws or rules and
regulations, that a person has either | ||||||
8 | committed an act or acts which
may directly threaten | ||||||
9 | patient care, and not of an
administrative nature, or that | ||||||
10 | a person may be mentally or
physically disabled in such a | ||||||
11 | manner as to endanger patients
under that person's care. | ||||||
12 | Such officer also shall report
if a person accepts | ||||||
13 | voluntary termination or
restriction of clinical | ||||||
14 | privileges in lieu of formal
action based upon conduct | ||||||
15 | related directly to patient
care and not of an | ||||||
16 | administrative nature, or in
lieu of formal action seeking | ||||||
17 | to determine whether a person
may be mentally or physically | ||||||
18 | disabled in such a manner as
to endanger patients under | ||||||
19 | that person's care. The
Medical Disciplinary Board shall, | ||||||
20 | by rule, provide for the
reporting to it of all instances | ||||||
21 | in which a person, licensed
under this Act, who is impaired | ||||||
22 | by reason of age, drug or
alcohol abuse or physical or | ||||||
23 | mental impairment, is under
supervision and, where | ||||||
24 | appropriate, is in a program
of rehabilitation. Such | ||||||
25 | reports shall be strictly
confidential and may be reviewed | ||||||
26 | and considered only by the
members of the Disciplinary | ||||||
27 | Board, or by authorized staff
as provided by rules of the | ||||||
28 | Disciplinary Board. Provisions
shall be made for the | ||||||
29 | periodic report of the status
of any such person not less | ||||||
30 | than twice annually in order
that the Disciplinary Board | ||||||
31 | shall have current information
upon which to determine the | ||||||
32 | status of any such person.
Such initial and periodic | ||||||
33 | reports of impaired physicians
shall not be considered | ||||||
34 | records within the meaning of
The State Records Act and |
| |||||||
| |||||||
1 | shall be disposed of,
following a determination by the | ||||||
2 | Disciplinary Board that such
reports are no longer | ||||||
3 | required, in a manner and at
such time as the Disciplinary | ||||||
4 | Board shall determine by rule.
The filing of such reports | ||||||
5 | shall be construed as the
filing of a report for purposes | ||||||
6 | of subsection (C) of this
Section.
| ||||||
7 | (2)
Professional associations. The President or chief | ||||||
8 | executive officer of any
association or society, of persons | ||||||
9 | licensed under this Act,
operating within this State shall | ||||||
10 | report to the Disciplinary
Board when the association or | ||||||
11 | society renders a final
determination that a person has | ||||||
12 | committed unprofessional
conduct related directly to | ||||||
13 | patient care or that a person
may be mentally or physically | ||||||
14 | disabled in such a manner as
to endanger patients under | ||||||
15 | that person's
care.
| ||||||
16 | (3)
Professional liability insurers. Every insurance | ||||||
17 | company which offers policies
of professional liability | ||||||
18 | insurance to persons licensed
under this Act, or any other | ||||||
19 | entity which seeks to
indemnify the professional liability | ||||||
20 | of a person licensed under
this Act, shall report to the | ||||||
21 | Disciplinary Board the
settlement of any claim or cause of | ||||||
22 | action, or final judgment
rendered in any cause of action, | ||||||
23 | which alleged negligence in
the furnishing of medical care | ||||||
24 | by such licensed person when
such settlement or final | ||||||
25 | judgment is in favor of the
plaintiff.
| ||||||
26 | (4)
State's Attorneys. The State's Attorney of each | ||||||
27 | county shall report to the
Disciplinary Board all instances | ||||||
28 | in which a person licensed
under this Act is convicted or | ||||||
29 | otherwise found guilty of the
commission of any felony. The | ||||||
30 | State's Attorney of each
county may report to the | ||||||
31 | Disciplinary Board through a
verified complaint any | ||||||
32 | instance in which the State's
Attorney believes that a | ||||||
33 | physician has willfully
violated the notice requirements | ||||||
34 | of the Parental Notice of
Abortion Act of 1995.
|
| |||||||
| |||||||
1 | (5)
State agencies. All agencies, boards, commissions, | ||||||
2 | departments, or other
instrumentalities of the government | ||||||
3 | of the State of Illinois shall
report to the Disciplinary | ||||||
4 | Board any instance arising in
connection with the | ||||||
5 | operations of such agency,
including the administration of | ||||||
6 | any law by such agency, in
which a person licensed under | ||||||
7 | this Act has either committed
an act or acts which may be a | ||||||
8 | violation of this Act or which
may constitute | ||||||
9 | unprofessional conduct related
directly to patient care or | ||||||
10 | which indicates that a person
licensed under this Act may | ||||||
11 | be mentally or physically
disabled in such a manner as to | ||||||
12 | endanger patients under that
person's care. | ||||||
13 | (B) Mandatory
reporting. All reports required by items | ||||||
14 | (34), (35), and (36) of subsection (A) of Section 22
and by | ||||||
15 | Section 23 shall be submitted to the Disciplinary
Board in a | ||||||
16 | timely fashion. The reports shall be filed in writing
within 60 | ||||||
17 | days after a determination that a report is required
under this | ||||||
18 | Act. All reports shall contain the following
information:
| ||||||
19 | (1)
The name, address and telephone number of the | ||||||
20 | person making the
report.
| ||||||
21 | (2)
The name, address and telephone number of the | ||||||
22 | person who is the subject of
the report.
| ||||||
23 | (3)
The name and date of birth
or other means of | ||||||
24 | identification
of any patient or patients whose treatment | ||||||
25 | is a subject of the report,
if available, or other means of | ||||||
26 | identification if such
information is not available, | ||||||
27 | identification of the
hospital or other healthcare | ||||||
28 | facility where the care at
issue in the report was | ||||||
29 | rendered,
provided, however, no medical records may be | ||||||
30 | revealed
without the written consent of the patient or
| ||||||
31 | patients .
| ||||||
32 | (4)
A brief description of the facts which gave rise to | ||||||
33 | the issuance of the report,
including the dates of any | ||||||
34 | occurrences deemed to
necessitate the filing of the report.
|
| |||||||
| |||||||
1 | (5)
If court action is involved, the identity of the | ||||||
2 | court in which the action is
filed, along with the docket | ||||||
3 | number and date of filing of
the action.
| ||||||
4 | (6)
Any further pertinent information which the | ||||||
5 | reporting party deems to be an
aid in the evaluation of the | ||||||
6 | report.
| ||||||
7 | The
Department shall have the right to inform patients of
| ||||||
8 | the right to provide written consent for the
Department to | ||||||
9 | obtain copies of hospital and medical
records. The Disciplinary | ||||||
10 | Board or Department may
also exercise the power under Section
| ||||||
11 | 38 of this Act to subpoena copies of hospital or
medical | ||||||
12 | records in mandatory report cases alleging death or
permanent | ||||||
13 | bodily injury when consent to
obtain records is not provided by | ||||||
14 | a patient or legal
representative . Appropriate rules shall be
| ||||||
15 | adopted by the Department with the approval of the
Disciplinary | ||||||
16 | Board. | ||||||
17 | When the
Department has received written reports | ||||||
18 | concerning incidents required to be reported in items
(34), | ||||||
19 | (35), and (36) of subsection (A) of Section 22, the
licensee's | ||||||
20 | failure to report the incident to the Department under
those | ||||||
21 | items shall not be the sole grounds for disciplinary
action. | ||||||
22 | Nothing contained
in this Section shall act to in any way, | ||||||
23 | waive or modify the confidentiality of medical reports
and | ||||||
24 | committee reports to the extent provided by law. Any
| ||||||
25 | information reported or disclosed shall be kept for
the | ||||||
26 | confidential use of the Disciplinary Board, the
Medical | ||||||
27 | Coordinators, the Disciplinary Board's attorneys, the
medical | ||||||
28 | investigative staff, and authorized clerical staff, as
| ||||||
29 | provided in this Act, and shall be afforded the same
status as | ||||||
30 | is provided information concerning medical studies in
Part 21 | ||||||
31 | of Article VIII of the Code of Civil
Procedure , except that the | ||||||
32 | Department may disclose information and documents
to a federal, | ||||||
33 | State, or local law enforcement agency pursuant to
a subpoena | ||||||
34 | in an ongoing criminal investigation. Furthermore,
information |
| |||||||
| |||||||
1 | and documents disclosed to a federal, State, or
local law | ||||||
2 | enforcement agency may be used by that agency only
for the | ||||||
3 | investigation and prosecution of a criminal
offense . | ||||||
4 | (C) Immunity from
prosecution. Any individual or | ||||||
5 | organization acting in good faith, and not in a wilful
and | ||||||
6 | wanton manner, in complying with this Act by providing
any | ||||||
7 | report or other information to the Disciplinary Board
or a peer | ||||||
8 | review committee , or assisting in
the investigation or | ||||||
9 | preparation of such information, or by
voluntarily reporting to | ||||||
10 | the Disciplinary Board or a peer review committee
information | ||||||
11 | regarding alleged errors or negligence by a person
licensed | ||||||
12 | under this Act, or by
participating in proceedings of the | ||||||
13 | Disciplinary Board or a peer review
committee , or by serving as | ||||||
14 | a member of the Disciplinary Board or
a peer review committee , | ||||||
15 | shall not, as a result of such actions, be subject to
criminal | ||||||
16 | prosecution or civil damages.
| ||||||
17 | (D)
Indemnification. Members of the Disciplinary Board, | ||||||
18 | the Medical Coordinators, the Disciplinary Board's
attorneys, | ||||||
19 | the medical investigative staff, physicians retained
under | ||||||
20 | contract to assist and advise the medical coordinators
in the | ||||||
21 | investigation, and authorized clerical staff shall be
| ||||||
22 | indemnified by the State for any actions occurring
within the | ||||||
23 | scope of services on the Disciplinary Board, done in
good faith | ||||||
24 | and not wilful and wanton in nature. The Attorney
General shall | ||||||
25 | defend all such actions unless he or she determines
either that | ||||||
26 | there would be a conflict of interest in such
representation or | ||||||
27 | that the actions complained of were not in good faith
or were | ||||||
28 | wilful and wanton. | ||||||
29 | Should the
Attorney General decline representation, the | ||||||
30 | member shall have the right to employ counsel of his
or her | ||||||
31 | choice, whose fees shall be provided by the State,
after | ||||||
32 | approval by the Attorney General, unless there is a
| ||||||
33 | determination by a court that the member's actions
were not in | ||||||
34 | good faith or were wilful and wanton.
|
| |||||||
| |||||||
1 | The member must
notify the Attorney General within 7 days | ||||||
2 | of receipt of notice of the initiation of any action
involving | ||||||
3 | services of the Disciplinary Board. Failure to so
notify the | ||||||
4 | Attorney General shall constitute an absolute waiver
of the | ||||||
5 | right to a defense and indemnification.
| ||||||
6 | The Attorney
General shall determine within 7 days after | ||||||
7 | receiving such notice, whether he or she will
undertake to | ||||||
8 | represent the member. | ||||||
9 | (E) Deliberations
of Disciplinary Board. Upon the receipt | ||||||
10 | of any report called for by this Act, other than those
reports | ||||||
11 | of impaired persons licensed under this Act required
pursuant | ||||||
12 | to the rules of the Disciplinary Board, the
Disciplinary Board | ||||||
13 | shall notify in writing, by certified mail, the person
who is | ||||||
14 | the subject of the report. Such notification shall be
made | ||||||
15 | within 30 days of receipt by the Disciplinary Board of
the | ||||||
16 | report. | ||||||
17 | The notification
shall include a written notice setting | ||||||
18 | forth the person's right to examine the report.
Included in | ||||||
19 | such notification shall be the address at which the
file is | ||||||
20 | maintained, the name of the custodian of the reports,
and the | ||||||
21 | telephone number at which the custodian may be
reached. The | ||||||
22 | person who is the subject of the report shall submit a
written | ||||||
23 | statement responding, clarifying, adding to, or
proposing the | ||||||
24 | amending of the report previously filed.
The person who is the | ||||||
25 | subject of the report shall also submit with the
written | ||||||
26 | statement any medical records related to the
report. The | ||||||
27 | statement and accompanying medical
records shall become a | ||||||
28 | permanent part of the file and must be received by the
| ||||||
29 | Disciplinary Board no more than
30
60 days after the date on
| ||||||
30 | which the person was notified by the Disciplinary
Board of the | ||||||
31 | existence of the original report.
| ||||||
32 | The Disciplinary
Board shall review all reports received by | ||||||
33 | it, together with any supporting information and
responding | ||||||
34 | statements submitted by persons who are the subject of
reports. |
| |||||||
| |||||||
1 | The review by the Disciplinary Board shall be in a
timely | ||||||
2 | manner but in no event, shall the Disciplinary Board's
initial | ||||||
3 | review of the material contained in each disciplinary
file be | ||||||
4 | less than 61 days nor more than 180 days after the
receipt of | ||||||
5 | the initial report by the Disciplinary
Board. | ||||||
6 | When the
Disciplinary Board makes its initial review of the | ||||||
7 | materials contained within its disciplinary files, the
| ||||||
8 | Disciplinary Board shall, in writing, make a
determination as | ||||||
9 | to whether there are sufficient facts to warrant
further | ||||||
10 | investigation or action. Failure to make such
determination | ||||||
11 | within the time provided shall be deemed to be a
determination | ||||||
12 | that there are not sufficient facts to warrant further
| ||||||
13 | investigation or action. | ||||||
14 | Should the
Disciplinary Board find that there are not | ||||||
15 | sufficient facts to warrant further investigation, or
action, | ||||||
16 | the report shall be accepted for filing and the matter
shall be | ||||||
17 | deemed closed and so reported to the Director. The
Director | ||||||
18 | shall then have 30 days to accept the Medical
Disciplinary | ||||||
19 | Board's decision or request further investigation. The
| ||||||
20 | Director shall inform the Board in writing of the
decision to | ||||||
21 | request further investigation, including the specific
reasons | ||||||
22 | for the decision. The individual or entity filing the
original | ||||||
23 | report or complaint and the person who is the subject
of the | ||||||
24 | report or complaint shall be notified in writing by
the | ||||||
25 | Director of any final action on their report or
complaint. | ||||||
26 | (F) Summary
reports. The Disciplinary Board shall prepare, | ||||||
27 | on a timely basis, but in no event less than one every
other | ||||||
28 | month, a summary report of final actions taken upon
| ||||||
29 | disciplinary files maintained by the Disciplinary
Board. The | ||||||
30 | summary reports shall be sent by the Disciplinary
Board to | ||||||
31 | every health care facility licensed by the Illinois
Department | ||||||
32 | of Public Health, every professional association and
society of | ||||||
33 | persons licensed under this Act functioning on a
statewide | ||||||
34 | basis in this State, the American Medical Association,
the |
| |||||||
| |||||||
1 | American Osteopathic Association, the American
Chiropractic | ||||||
2 | Association, all insurers providing professional
liability | ||||||
3 | insurance to persons licensed under this Act in the
State of | ||||||
4 | Illinois, the Federation of State Medical Licensing
Boards, and | ||||||
5 | the Illinois Pharmacists Association.
| ||||||
6 | (G) Any violation
of this Section shall be a Class A | ||||||
7 | misdemeanor. | ||||||
8 | (H) If any such
person violates the provisions of this | ||||||
9 | Section an action may be brought in the name of the
People of | ||||||
10 | the State of Illinois, through the Attorney General of
the | ||||||
11 | State of Illinois, for an order enjoining such
violation or for | ||||||
12 | an order enforcing compliance with this Section. Upon
filing of | ||||||
13 | a verified petition in such court, the court may issue
a | ||||||
14 | temporary restraining order without notice or bond and
may | ||||||
15 | preliminarily or permanently enjoin such violation,
and if it | ||||||
16 | is established that such person has violated or is
violating | ||||||
17 | the injunction, the court may punish the offender for
contempt | ||||||
18 | of court. Proceedings under this paragraph shall be in
addition | ||||||
19 | to, and not in lieu of, all other remedies and
penalties | ||||||
20 | provided for by this Section.
| ||||||
21 | (Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97;
90-699, | ||||||
22 | eff. 1-1-99.)
| ||||||
23 | (225 ILCS
60/24) (from Ch. 111, par.
4400-24)
| ||||||
24 | (Section
scheduled to be repealed on January 1, 2007) | ||||||
25 | Sec. 24.
Report of violations; medical associations. Any
| ||||||
26 | physician licensed under this Act, the Illinois State
Medical | ||||||
27 | Society, the Illinois Association of Osteopathic
Physicians | ||||||
28 | and Surgeons, the Illinois Chiropractic Society, the
Illinois | ||||||
29 | Prairie State Chiropractic Association, or any
component | ||||||
30 | societies of any of these 4 groups, and any other
person, may | ||||||
31 | report to the Disciplinary Board any information the
physician, | ||||||
32 | association, society, or person may have that appears
to show | ||||||
33 | that a physician is or may be in violation of any of
the |
| |||||||
| |||||||
1 | provisions of Section 22 of this Act.
| ||||||
2 | The Department
may enter into agreements with the Illinois | ||||||
3 | State Medical Society, the Illinois Association of
Osteopathic | ||||||
4 | Physicians and Surgeons, the Illinois Prairie State
| ||||||
5 | Chiropractic Association, or the Illinois Chiropractic
Society | ||||||
6 | to allow these organizations to assist the
Disciplinary Board | ||||||
7 | in the review of alleged violations of this Act.
Subject to the | ||||||
8 | approval of the Department, any organization party to
such an | ||||||
9 | agreement may subcontract with other individuals or
| ||||||
10 | organizations to assist in review.
| ||||||
11 | Any physician,
association, society, or person | ||||||
12 | participating in good faith in the making of a
report , under | ||||||
13 | this Act or participating in or assisting with an
investigation | ||||||
14 | or review under this
Act
Section shall have immunity
from any | ||||||
15 | civil, criminal, or other liability that might result
by reason | ||||||
16 | of those actions. | ||||||
17 | The medical
information in the custody of an entity under | ||||||
18 | contract with the Department participating in an
investigation | ||||||
19 | or review shall be privileged and confidential to the
same | ||||||
20 | extent as are information and reports under the
provisions of | ||||||
21 | Part 21 of Article VIII of the Code of Civil
Procedure. | ||||||
22 | Upon request
by the Department after a mandatory report has | ||||||
23 | been filed with the Department, an attorney for any
party | ||||||
24 | seeking to recover damages for injuries or death by
reason of | ||||||
25 | medical, hospital, or other healing art malpractice
shall | ||||||
26 | provide patient records related to the physician
involved in | ||||||
27 | the disciplinary proceeding to the Department
within 30 days of | ||||||
28 | the Department's request for use by the Department
in any | ||||||
29 | disciplinary matter under this Act. An attorney who
provides | ||||||
30 | patient records to the Department in accordance
with this | ||||||
31 | requirement shall not be deemed to have violated
any | ||||||
32 | attorney-client privilege. Notwithstanding any
other provision | ||||||
33 | of law, consent by a patient shall not be required
for the | ||||||
34 | provision of patient records in accordance with
this |
| |||||||
| |||||||
1 | requirement. | ||||||
2 | For the purpose
of any civil or criminal proceedings, the | ||||||
3 | good faith of any physician, association, society or
person | ||||||
4 | shall be presumed. The Disciplinary Board may request
the | ||||||
5 | Illinois State Medical Society, the Illinois
Association of | ||||||
6 | Osteopathic Physicians and Surgeons, the Illinois
Prairie | ||||||
7 | State Chiropractic Association, or the Illinois
Chiropractic | ||||||
8 | Society to assist the Disciplinary Board in preparing
for or | ||||||
9 | conducting any medical competency examination as the
Board may | ||||||
10 | deem appropriate. | ||||||
11 | (Source: P.A. 88-324.)
| ||||||
12 | (225 ILCS
60/36) (from Ch. 111, par.
4400-36)
| ||||||
13 | (Section
scheduled to be repealed on January 1, 2007) | ||||||
14 | Sec. 36.
Upon the motion of either the Department or the | ||||||
15 | Disciplinary Board or upon the verified complaint in
writing of | ||||||
16 | any person setting forth facts which, if proven, would
| ||||||
17 | constitute grounds for suspension or revocation under
Section | ||||||
18 | 22 of this Act, the Department shall investigate the
actions of | ||||||
19 | any person, so accused, who holds or represents that
they hold | ||||||
20 | a license. Such person is hereinafter called the
accused. | ||||||
21 | The Department
shall, before suspending, revoking, placing | ||||||
22 | on probationary status, or taking any other
disciplinary action | ||||||
23 | as the Department may deem proper with regard to any
license at | ||||||
24 | least 30 days prior to the date set for the hearing,
notify the | ||||||
25 | accused in writing of any charges made and the time
and place | ||||||
26 | for a hearing of the charges before the Disciplinary
Board, | ||||||
27 | direct them to file their written answer thereto to
the | ||||||
28 | Disciplinary Board under oath within 20 days after the
service | ||||||
29 | on them of such notice and inform them that if they
fail to | ||||||
30 | file such answer default will be taken against them
and their | ||||||
31 | license may be suspended, revoked, placed on
probationary | ||||||
32 | status, or have other disciplinary action, including
limiting | ||||||
33 | the scope, nature or extent of their practice, as the
|
| |||||||
| |||||||
1 | Department may deem proper taken with regard
thereto. | ||||||
2 | Where a physician
has been found, upon complaint and | ||||||
3 | investigation of the Department, and after hearing, to
have | ||||||
4 | performed an abortion procedure in a wilful and wanton
manner | ||||||
5 | upon a woman who was not pregnant at the time such
abortion | ||||||
6 | procedure was performed, the Department shall
automatically | ||||||
7 | revoke the license of such physician to practice
medicine in | ||||||
8 | Illinois. | ||||||
9 | Such written
notice and any notice in such proceedings | ||||||
10 | thereafter may be served by delivery of the same,
personally, | ||||||
11 | to the accused person, or by mailing the same by
registered or | ||||||
12 | certified mail to the address last theretofore
specified by the | ||||||
13 | accused in their last notification to the
Department. | ||||||
14 | All information
gathered by the Department during its | ||||||
15 | investigation including information subpoenaed under
Section | ||||||
16 | 23 or 38 of this Act and the investigative file shall
be kept | ||||||
17 | for the confidential use of the Director, Disciplinary
Board, | ||||||
18 | the Medical Coordinators, persons employed by contract
to | ||||||
19 | advise the Medical Coordinator or the Department, the
| ||||||
20 | Disciplinary Board's attorneys, the medical
investigative | ||||||
21 | staff, and authorized clerical staff, as provided in
this Act | ||||||
22 | and shall be afforded the same status as is provided
| ||||||
23 | information concerning medical studies in Part 21 of
Article | ||||||
24 | VIII of the Code of Civil Procedure ,
except that the Department | ||||||
25 | may disclose information and documents to a
federal, State, or | ||||||
26 | local law enforcement agency pursuant to a subpoena
in an | ||||||
27 | ongoing criminal investigation. Furthermore,
information and | ||||||
28 | documents disclosed to a federal, State, or local
law | ||||||
29 | enforcement agency may be used by that agency only
for the | ||||||
30 | investigation and prosecution of a criminal
offense . | ||||||
31 | (Source: P.A. 90-699, eff. 1-1-99.)
| ||||||
32 | Section 320.
The Clerks of Courts Act is amended by adding | ||||||
33 | Section 27.10 as
follows: |
| |||||||
| |||||||
1 | (705 ILCS
105/27.10 new) | ||||||
2 | Sec. 27.10.
Director of Insurance. Each clerk
of the | ||||||
3 | circuit court shall provide to the Director of
Insurance such | ||||||
4 | information as the Director of Insurance requests
under Section | ||||||
5 | 155.19 of the Illinois Insurance
Code. | ||||||
6 | Section 325.
The Health Care Arbitration Act is amended by | ||||||
7 | changing Sections 8 and 9 as
follows:
| ||||||
8 | (710 ILCS
15/8) (from Ch. 10, par.
208)
| ||||||
9 | Sec. 8.
Conditions. Every health care arbitration
| ||||||
10 | agreement shall be subject to the following
conditions: | ||||||
11 | (a) The agreement
is not a condition to the rendering of | ||||||
12 | health care services by any party and the agreement
has been | ||||||
13 | executed by the recipient of health care services at
the | ||||||
14 | inception of or during the term of provision of
services for a | ||||||
15 | specific cause by either a health care provider or a
hospital; | ||||||
16 | and | ||||||
17 | (b) The agreement
is a separate instrument complete in | ||||||
18 | itself and not a part of any other contract or
instrument and | ||||||
19 | an executed copy of the agreement shall be provided
to the | ||||||
20 | patient or the patient's legal representative upon
signing ; and | ||||||
21 | (c) The agreement
may not limit, impair, or waive any | ||||||
22 | substantive rights or defenses of any party, including
the | ||||||
23 | statute of limitations; and
| ||||||
24 | (d) The agreement
shall not limit, impair, or waive the | ||||||
25 | procedural rights to be heard, to present material
evidence, to | ||||||
26 | cross-examine witnesses, and to be represented by an
attorney, | ||||||
27 | or other procedural rights of due process of any
party. | ||||||
28 | (e)
(Blank). As a part
of the discharge planning process | ||||||
29 | the patient or, if appropriate, members of his
family must be | ||||||
30 | given a copy of the health care arbitration
agreement | ||||||
31 | previously executed by or for the patient and
shall re-affirm |
| |||||||
| |||||||
1 | it. Failure to comply with this provision
during the discharge | ||||||
2 | planning process shall void the health care
arbitration | ||||||
3 | agreement. | ||||||
4 | (f) This
amendatory Act of the 93rd General Assembly | ||||||
5 | applies to health care arbitration agreements
executed on or | ||||||
6 | after its effective date.
| ||||||
7 | (Source: P.A. 80-1012.)
| ||||||
8 | (710 ILCS
15/9) (from Ch. 10, par.
209)
| ||||||
9 | Sec. 9.
Mandatory Provisions.
| ||||||
10 | (a) Every health
care arbitration agreement shall be | ||||||
11 | clearly captioned "Health Care Arbitration
Agreement". | ||||||
12 | (b) Every health
care arbitration agreement in relation to | ||||||
13 | health care services rendered during hospitalization
shall | ||||||
14 | specify the date of commencement of hospitalization.
Every | ||||||
15 | health care arbitration agreement in relation to
health care | ||||||
16 | services not rendered during hospitalization shall
state the | ||||||
17 | specific cause for which the services are
provided. | ||||||
18 | (c) Every health
care arbitration agreement may be | ||||||
19 | cancelled by any signatory (1) within
120
60 days of its | ||||||
20 | execution or within
120
60 days of the date of the
patient's | ||||||
21 | discharge from the hospital, whichever is later, as to
an | ||||||
22 | agreement in relation to health care services rendered
during | ||||||
23 | hospitalization , provided, that
if executed other than at the | ||||||
24 | time of discharge of the patient from the
hospital, the health | ||||||
25 | care arbitration agreement be reaffirmed at
the time of the | ||||||
26 | discharge planning process in the same manner
as provided for | ||||||
27 | in the execution of the original
agreement ; or (2) within
120 | ||||||
28 | 60 days of the date of
its execution, or the last date of | ||||||
29 | treatment by the health care provider, whichever is
later, as | ||||||
30 | to an agreement in relation to health care services
not | ||||||
31 | rendered during hospitalization. Provided, that no
health care | ||||||
32 | arbitration agreement shall be valid after
4
2 years from the | ||||||
33 | date of its execution. An employee of a hospital or
health care |
| |||||||
| |||||||
1 | provider who is not a signatory to an agreement may
cancel such | ||||||
2 | agreement as to himself until 30 days following his
| ||||||
3 | notification that he is a party to a dispute or issue
on which | ||||||
4 | arbitration has been demanded pursuant to such
agreement. If | ||||||
5 | any person executing a health care arbitration
agreement dies | ||||||
6 | before the period of cancellation as outlined above,
the | ||||||
7 | personal representative of the decedent shall have the
right to | ||||||
8 | cancel the health care arbitration agreement within 60
days of | ||||||
9 | the date of his appointment as the legal
representative of the | ||||||
10 | decedent's estate. Provided, that
if no legal representative is | ||||||
11 | appointed within 6 months of the death of said
decedent the | ||||||
12 | next of kin of such decedent shall have the
right to cancel the | ||||||
13 | health care arbitration agreement within 8
months from the date | ||||||
14 | of death. | ||||||
15 | (d) Every health
care arbitration agreement shall contain | ||||||
16 | immediately above the signature lines, in upper case
type in | ||||||
17 | printed letters of at least 3/16 inch height, a
caption and | ||||||
18 | paragraphs as follows: | ||||||
19 |
"AGREEMENT TO ARBITRATE HEALTH
CARE
| ||||||
20 | NEGLIGENCE CLAIMS
| ||||||
21 | NOTICE TO PATIENT
| ||||||
22 | YOU CANNOT BE
REQUIRED TO SIGN THIS AGREEMENT IN ORDER TO | ||||||
23 | RECEIVE TREATMENT. BY SIGNING
THIS AGREEMENT, YOUR RIGHT TO | ||||||
24 | TRIAL BY A JURY OR A JUDGE IN
A COURT WILL BE BARRED AS TO | ||||||
25 | ANY DISPUTE RELATING TO
INJURIES THAT MAY RESULT FROM | ||||||
26 | NEGLIGENCE DURING YOUR
TREATMENT OR CARE, AND WILL BE | ||||||
27 | REPLACED BY AN ARBITRATION
PROCEDURE.
| ||||||
28 | THIS AGREEMENT
MAY BE CANCELLED WITHIN 120
60 DAYS OF | ||||||
29 | SIGNING OR
120
60 DAYS AFTER YOUR HOSPITAL
DISCHARGE , | ||||||
30 | WHICHEVER IS
LATER, OR 120
60 DAYS AFTER YOUR LAST MEDICAL
| ||||||
31 | TREATMENT IN RELATION TO
HEALTH CARE SERVICES NOT RENDERED | ||||||
32 | DURING
HOSPITALIZATION.
| ||||||
33 | THIS AGREEMENT
PROVIDES THAT ANY CLAIMS WHICH MAY ARISE OUT | ||||||
34 | OF YOUR HEALTH CARE WILL BE
SUBMITTED TO A PANEL OF |
| |||||||
| |||||||
1 | ARBITRATORS, RATHER THAN TO A
COURT FOR DETERMINATION. THIS | ||||||
2 | AGREEMENT REQUIRES ALL PARTIES
SIGNING IT TO ABIDE BY THE | ||||||
3 | DECISION OF THE ARBITRATION
PANEL." | ||||||
4 | (e)
An
an executed copy of the
AGREEMENT TO ARBITRATE | ||||||
5 | HEALTH CARE CLAIMS and any
reaffirmation of that agreement as | ||||||
6 | required by this Act
shall be given to the patient or the | ||||||
7 | patient's legally authorized representative upon
signing | ||||||
8 | during the time of the discharge planning
process or at the | ||||||
9 | time of
discharge . | ||||||
10 | (f) This
amendatory Act of the 93rd General Assembly | ||||||
11 | applies to health care arbitration agreements
executed on or | ||||||
12 | after its effective date.
| ||||||
13 | (Source: P.A. 91-156, eff. 1-1-00.)
| ||||||
14 | Section 330.
The Code of Civil Procedure is amended by | ||||||
15 | reenacting and changing Sections 2-402, 2-622, and
8-2501, by | ||||||
16 | changing Sections 2-1704 and 8-1901, and by adding
Sections | ||||||
17 | 2-1105.01 and 2-1721 as follows:
| ||||||
18 | (735 ILCS
5/2-402) (from Ch. 110,
par. 2-402)
| ||||||
19 | (Text of Section
WITHOUT the changes made by P.A. 89-7, | ||||||
20 | which has been held unconstitutional)
| ||||||
21 | Sec. 2-402.
Respondents in discovery. The plaintiff in any
| ||||||
22 | civil action may designate as respondents in discovery
in his | ||||||
23 | or her pleading those individuals or other entities,
other than | ||||||
24 | the named defendants, believed by the plaintiff to
have | ||||||
25 | information essential to the determination of who
should | ||||||
26 | properly be named as additional defendants in the
action. | ||||||
27 | Persons or
entities so named as respondents in discovery | ||||||
28 | shall be required to respond to discovery by the
plaintiff in | ||||||
29 | the same manner as are defendants and may, on motion
of the | ||||||
30 | plaintiff, be added as defendants if the evidence
discloses the | ||||||
31 | existence of probable cause for such
action. | ||||||
32 | A person or
entity named a respondent in discovery may upon
|
| |||||||
| |||||||
1 | his or her own motion be made a defendant in the
action, in | ||||||
2 | which case the provisions of this Section are no
longer | ||||||
3 | applicable to that person. | ||||||
4 | A copy of the
complaint shall be served on each person or | ||||||
5 | entity named as a respondent in
discovery. | ||||||
6 | Each respondent
in discovery shall be paid expenses and | ||||||
7 | fees as provided for witnesses.
| ||||||
8 | A person or
entity named as a respondent in discovery in | ||||||
9 | any civil action may be made a defendant in the same
action at | ||||||
10 | any time within 6 months after being named as a
respondent in | ||||||
11 | discovery, even though the time during which an action
may | ||||||
12 | otherwise be initiated against him or her may have
expired | ||||||
13 | during such 6 month period. An
extension from the original | ||||||
14 | 6-month period for good cause may be granted only
once for up | ||||||
15 | to 90 days for (i) withdrawal of plaintiff's
counsel or (ii) | ||||||
16 | good cause. Notwithstanding the limitations in this
Section, | ||||||
17 | the court may grant additional reasonable
extensions from this | ||||||
18 | 6-month period for a failure or refusal on the part
of the | ||||||
19 | respondent to comply with timely filed
discovery. | ||||||
20 | This
amendatory Act of the 93rd General Assembly applies to | ||||||
21 | causes of action accruing on or after its effective
date. | ||||||
22 | (Source: P.A. 86-483.)
| ||||||
23 | (735 ILCS
5/2-622) (from Ch. 110, par.
2-622)
| ||||||
24 | (Text of Section
WITHOUT the changes made by P.A. 89-7, | ||||||
25 | which has been held unconstitutional)
| ||||||
26 | Sec. 2-622.
Healing art malpractice.
| ||||||
27 | (a) In any
action, whether in tort, contract or otherwise, | ||||||
28 | in which the plaintiff seeks damages for injuries or
death by | ||||||
29 | reason of medical, hospital, or other healing art
malpractice, | ||||||
30 | the plaintiff's attorney or the plaintiff, if the
plaintiff is | ||||||
31 | proceeding pro se, shall file an affidavit, attached
to the | ||||||
32 | original and all copies of the complaint, declaring
one of the | ||||||
33 | following:
|
| |||||||
| |||||||
1 | 1.
That the affiant has consulted and reviewed the | ||||||
2 | facts of the case with a
health professional who the | ||||||
3 | affiant reasonably believes:
(i) is knowledgeable in the | ||||||
4 | relevant issues involved in
the particular action; (ii) | ||||||
5 | practices or has practiced
within the last 5
6 years or | ||||||
6 | teaches or has taught within
the last 5
6 years in the same
| ||||||
7 | area of health care or
medicine that is at issue in the | ||||||
8 | particular action; and (iii)
meets the expert witness | ||||||
9 | standards set forth in
paragraphs (a) through (d) of | ||||||
10 | Section
8-2501; is qualified by experience
or demonstrated | ||||||
11 | competence in the
subject of the case; that the reviewing
| ||||||
12 | health professional has
determined in a written report, | ||||||
13 | after a review of the medical
record and other relevant | ||||||
14 | material involved in the
particular action that there is a | ||||||
15 | reasonable and meritorious
cause for the filing of such | ||||||
16 | action; and that the affiant
has concluded on the basis of | ||||||
17 | the reviewing health
professional's review and | ||||||
18 | consultation that there is a
reasonable and meritorious | ||||||
19 | cause for filing of such
action. A single written report | ||||||
20 | must be filed to cover each
defendant in the action. As to | ||||||
21 | defendants who are
individuals, the If the affidavit is
| ||||||
22 | filed as to a
defendant who is a physician licensed to | ||||||
23 | treat human ailments
without the use of drugs or medicines | ||||||
24 | and without operative
surgery, a dentist, a podiatrist, a | ||||||
25 | psychologist, or a
naprapath, The written report must be | ||||||
26 | from a health professional
licensed in the same profession, | ||||||
27 | with the same class of
license, as the defendant. For | ||||||
28 | written
reports
affidavits filed as to all
other | ||||||
29 | defendants,
who are not individuals, the written
report | ||||||
30 | must be from a physician
licensed to practice medicine in | ||||||
31 | all its branches
who is qualified by experience with the | ||||||
32 | standard of care, methods,
procedures and treatments | ||||||
33 | relevant to the allegations
at issue in the case . In either | ||||||
34 | event, the
written report
affidavit must identify the
|
| |||||||
| |||||||
1 | profession of the reviewing
health professional. A copy of | ||||||
2 | the written report, clearly
identifying the plaintiff and | ||||||
3 | the reasons for the reviewing
health professional's | ||||||
4 | determination that a
reasonable and meritorious cause for | ||||||
5 | the filing of the action
exists, must be attached to the | ||||||
6 | affidavit, but information
which would identify the | ||||||
7 | reviewing health professional
may be deleted from the copy | ||||||
8 | so attached.
The report must contain the affirmations set
| ||||||
9 | forth in items (i) through
(iii) of this paragraph 1. At | ||||||
10 | the first Supreme Court
Rule 218 case management | ||||||
11 | conference, the plaintiff
shall present to the court the | ||||||
12 | original signed health
professional's report, along with | ||||||
13 | the health professional's
current license number and state | ||||||
14 | of licensure and curriculum
vitae, for an in camera | ||||||
15 | inspection. The court shall
verify whether the report and | ||||||
16 | affidavit comply with the
requirements of this paragraph 1. | ||||||
17 | The court, in verifying
whether the report and affidavit | ||||||
18 | comply with the
requirements of this paragraph 1, shall | ||||||
19 | determine whether the
health professional preparing the | ||||||
20 | report is qualified and the
determination shall be either | ||||||
21 | in writing or transcribed.
If the court finds that the | ||||||
22 | report, the health
professional's current license | ||||||
23 | information or curriculum
vitae, or the affidavit is | ||||||
24 | deficient, the court may
request from the plaintiff all | ||||||
25 | documents it deems
necessary to make its decision and shall | ||||||
26 | allow for a reasonable
opportunity to provide any requested | ||||||
27 | documents and to amend that
report or affidavit; provided, | ||||||
28 | if the statute of
limitations has tolled, the judge may | ||||||
29 | grant only one extension
not exceeding 120 days. The | ||||||
30 | court's verification as to
whether the health professional | ||||||
31 | preparing the report is
qualified shall be issued to all | ||||||
32 | parties and be made a part
of the official record. The | ||||||
33 | original report, the health
professional's current license | ||||||
34 | number and state of
licensure and curriculum vitae, and any |
| |||||||
| |||||||
1 | documents requested by the
court shall remain under seal | ||||||
2 | and part of the court
record. Notwithstanding the other | ||||||
3 | provisions of this Section,
the judge may disclose the name | ||||||
4 | and address of the
reviewing health professional upon a | ||||||
5 | showing of good cause by
the defendant who in good faith | ||||||
6 | challenges the
qualifications of the health professional | ||||||
7 | based on information
available to the defendant. If the | ||||||
8 | information is disclosed at
the trial level, then it shall | ||||||
9 | be confidential and it
shall not be disclosed by the | ||||||
10 | defendant to a third
party.
| ||||||
11 | 2.
That the affiant was unable to obtain a consultation | ||||||
12 | required by paragraph 1
because a statute of limitations | ||||||
13 | would impair the action and
the consultation required could | ||||||
14 | not be obtained before the
expiration of the statute of | ||||||
15 | limitations. If an affidavit
is executed pursuant to this | ||||||
16 | paragraph, the
affidavit
certificate and written report
| ||||||
17 | required by paragraph 1 shall
be filed within 90 days after | ||||||
18 | the filing of the complaint.
No additional 90-day | ||||||
19 | extensions pursuant to this
paragraph shall be granted, | ||||||
20 | except where there has been
a withdrawal of the plaintiff's | ||||||
21 | counsel.
The defendant shall be excused from answering or | ||||||
22 | otherwise pleading until 30
days after being served with an | ||||||
23 | affidavit and a
report a
certificate required by paragraph | ||||||
24 | 1.
| ||||||
25 | 3.
That a request has been made by the plaintiff or his | ||||||
26 | attorney for examination and
copying of records pursuant to | ||||||
27 | Part 20 of Article VIII of
this Code and the party required | ||||||
28 | to comply under those Sections
has failed to produce such | ||||||
29 | records within 60 days of the
receipt of the request. If an | ||||||
30 | affidavit is executed pursuant
to this paragraph, the | ||||||
31 | affidavit
certificate and written report
required by | ||||||
32 | paragraph 1 shall be filed
within 90 days following receipt | ||||||
33 | of the requested records. All
defendants except those whose | ||||||
34 | failure to comply with Part 20
of Article VIII of this Code |
| |||||||
| |||||||
1 | is the basis for an affidavit
under this paragraph shall be | ||||||
2 | excused from answering or
otherwise pleading until 30 days | ||||||
3 | after being served with the
affidavit and report | ||||||
4 | certificate
required by paragraph 1. | ||||||
5 | (b) Where
an affidavit a
certificate and written report are | ||||||
6 | required pursuant to this Section a separate
affidavit | ||||||
7 | certificate and written
report shall be filed as to each | ||||||
8 | defendant who has been named in the complaint and
shall be | ||||||
9 | filed as to each defendant named at a later
time. | ||||||
10 | (c) Where the
plaintiff intends to rely on the doctrine of | ||||||
11 | "res ipsa loquitur", as defined by Section 2-1113 of
this Code, | ||||||
12 | the affidavit
certificate and written report
must state that, | ||||||
13 | in the opinion of the reviewing health professional,
negligence | ||||||
14 | has occurred in the course of medical treatment. The
affiant | ||||||
15 | shall certify upon filing of the complaint that he is
relying | ||||||
16 | on the doctrine of "res ipsa loquitur".
| ||||||
17 | (d) When the
attorney intends to rely on the doctrine of | ||||||
18 | failure to inform of the consequences of the
procedure, the | ||||||
19 | attorney shall certify upon the filing of the
complaint that | ||||||
20 | the reviewing health professional has, after reviewing
the | ||||||
21 | medical record and other relevant materials involved
in the | ||||||
22 | particular action, concluded that a reasonable health
| ||||||
23 | professional would have informed the patient of the
| ||||||
24 | consequences of the procedure.
| ||||||
25 | (e) Allegations
and denials in the affidavit, made without | ||||||
26 | reasonable cause and found to be untrue, shall subject
the | ||||||
27 | party pleading them or his attorney, or both, to the
payment of | ||||||
28 | reasonable expenses, actually incurred by the other
party by | ||||||
29 | reason of the untrue pleading, together with
reasonable | ||||||
30 | attorneys' fees to be summarily taxed by the court
upon motion | ||||||
31 | made within 30 days of the judgment or dismissal. In
no event | ||||||
32 | shall the award for attorneys' fees and expenses
exceed those | ||||||
33 | actually paid by the moving party, including the
insurer, if | ||||||
34 | any. In proceedings under this paragraph (e), the
moving party |
| |||||||
| |||||||
1 | shall have the right to depose and examine any and all
| ||||||
2 | reviewing health professionals who prepared reports
used in | ||||||
3 | conjunction with an affidavit required by this
Section. | ||||||
4 | (f) A reviewing
health professional who in good faith | ||||||
5 | prepares a report used in conjunction with an
affidavit | ||||||
6 | required by this Section shall have civil immunity
from | ||||||
7 | liability which otherwise might result from the
preparation of | ||||||
8 | such report.
| ||||||
9 | (g) The failure
of the plaintiff to file an affidavit and
| ||||||
10 | report in compliance with
to file a certificate required
by | ||||||
11 | this Section shall be grounds for dismissal under
Section | ||||||
12 | 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) This
amendatory Act of the 93rd General Assembly | ||||||
20 | applies to causes of action accruing on or after
its effective | ||||||
21 | date. | ||||||
22 | (Source: P.A. 86-646; 90-579, eff.
5-1-98.)
| ||||||
23 | (735 ILCS
5/2-1105.01 new) | ||||||
24 | Sec.
2-1105.01. Personal assets protected in healing art
| ||||||
25 | malpractice cases. | ||||||
26 | (a) In the
event that a physician has at least $1,000,000 | ||||||
27 | in professional liability insurance coverage to
cover a claim | ||||||
28 | against him or her, and there is a verdict in
excess of the | ||||||
29 | physician's professional liability policy limits,
the | ||||||
30 | physician may petition the trial court or the
designee of the | ||||||
31 | chief judge of the circuit court for asset
protection in an | ||||||
32 | amount equal to 2 times the maximum amount payable
per | ||||||
33 | occurrence under the physician's professional
liability |
| |||||||
| |||||||
1 | insurance coverage and obtain such asset protection
if the | ||||||
2 | court finds that: | ||||||
3 | (1)
the physician's role and participation, if any, in | ||||||
4 | the choice to proceed to
verdict and not to settle the | ||||||
5 | action within the
physician's insurance policy limits, | ||||||
6 | given all of the facts and
circumstances the physician knew | ||||||
7 | or should have known up to
the time of verdict in the | ||||||
8 | underlying action, was
reasonable; and | ||||||
9 | (2)
after the verdict, the physician has assigned to | ||||||
10 | the plaintiff any and all
causes of action the physician | ||||||
11 | has against the physician's
insurer for acting in bad faith | ||||||
12 | or vexatiously and without
reasonable cause by failing to | ||||||
13 | settle the action within
the physician's insurance policy | ||||||
14 | limits. | ||||||
15 | (b) Under this
Section, no attachment, garnishment, or | ||||||
16 | other form of forfeiture to satisfy any judgment or
verdict | ||||||
17 | from any assets of the physician shall occur before
the trial | ||||||
18 | court or the designee of the chief judge of the
circuit court | ||||||
19 | has ruled upon the physician's
petition. | ||||||
20 | (c) For the
purpose of this Section, "asset" includes, | ||||||
21 | without limitation, any asset, property (real or
personal), | ||||||
22 | interest, or other thing of value, of any kind or
character | ||||||
23 | whatsoever that would otherwise be subject to
immediate | ||||||
24 | execution to satisfy a judgment.
| ||||||
25 | (d) This
Section applies only to an individual physician | ||||||
26 | who satisfies the applicable requirements of this
Section and | ||||||
27 | does not apply to any actual or alleged principal,
apparent | ||||||
28 | principal, employer, master, or partner of the
physician, or | ||||||
29 | any other party in the action. | ||||||
30 | (e) This
Section shall not restrict, impair, or otherwise | ||||||
31 | affect the amount of damages that may be awarded to
the | ||||||
32 | plaintiff or the amount of any judgment in favor of
the | ||||||
33 | plaintiff. In any statutory or common law cause of
action | ||||||
34 | against the physician's insurer in which it is
alleged that the |
| |||||||
| |||||||
1 | physician's insurer acted in bad faith or
vexatiously and | ||||||
2 | without reasonable cause by not settling the action
within the | ||||||
3 | physician's insurance policy limits before verdict,
neither a | ||||||
4 | physician nor a physician's assignee shall be
required to | ||||||
5 | allege or prove that the physician made a demand to
settle the | ||||||
6 | action before verdict or that there was a conflict
between the | ||||||
7 | physician and the insurer over whether to settle
the action | ||||||
8 | before verdict. Proof by the physician or the
physician's | ||||||
9 | assignee of the remaining elements of such a
statutory or | ||||||
10 | common law cause of action shall constitute a prima
facie case | ||||||
11 | of the insurer acting in bad faith or vexatiously
and without | ||||||
12 | reasonable cause. | ||||||
13 | (f) This
amendatory Act of the 93rd General Assembly | ||||||
14 | applies to causes of action accruing on or after
its effective | ||||||
15 | date.
| ||||||
16 | (735 ILCS
5/2-1704) (from Ch. 110, par.
2-1704)
| ||||||
17 | Sec. 2-1704.
Healing art malpractice
Medical Malpractice | ||||||
18 | Action . As
used in this Code
Part , " healing
art medical
| ||||||
19 | malpractice action" means any action, whether in tort,
contract | ||||||
20 | or otherwise, in which the plaintiff seeks damages for
injuries | ||||||
21 | or death by reason of medical, hospital, or other
healing art | ||||||
22 | malpractice including but not limited
to medical, hospital, | ||||||
23 | nursing, dental, or podiatric
malpractice . The term "healing | ||||||
24 | art" shall not include care and treatment by spiritual
means | ||||||
25 | through prayer in accord with the tenets and practices
of a | ||||||
26 | recognized church or religious
denomination. | ||||||
27 | This
amendatory Act of the 93rd General Assembly applies to | ||||||
28 | causes of action accruing on or after its effective
date. | ||||||
29 | (Source: P.A. 84-7.)
| ||||||
30 | (735 ILCS
5/2-1721 new) | ||||||
31 | Sec. 2-1721.
Hospitals; apparent or ostensible
agency. | ||||||
32 | (a) A hospital
shall not be liable for the conduct of a |
| |||||||
| |||||||
1 | non-employee member of its medical staff under any
claim based | ||||||
2 | upon apparent or ostensible agency as a matter of
law, | ||||||
3 | provided: | ||||||
4 | (1)
the patient was unconscious or unaware of his or | ||||||
5 | her surroundings upon
arrival at the hospital and the | ||||||
6 | patient's legal
representative was not present at the time | ||||||
7 | to be informed that the
non-employee member of its medical | ||||||
8 | staff was not an agent or
employee of the hospital; or | ||||||
9 | (2)
the specific member of the hospital's medical staff | ||||||
10 | personally informed the
patient, or his or her legal | ||||||
11 | representative, if present,
before rendering treatment | ||||||
12 | that he or she was not an
agent or employee of the | ||||||
13 | hospital. | ||||||
14 | (b) A hospital
shall not be liable for the conduct of a | ||||||
15 | non-employee member of its medical staff under any
claim based | ||||||
16 | upon apparent or ostensible agency,
provided: | ||||||
17 | (1)
the following disclosure is provided to the patient | ||||||
18 | prior to the provision of
the care in question in a | ||||||
19 | separate document, complete
in itself and not part of any | ||||||
20 | other contract or
instrument, which shall contain in upper | ||||||
21 | case type in printed
letters of at least 3/16 inch height a | ||||||
22 | caption and statement as
follows: | ||||||
23 |
"NOTICE OF STATUS OF TREATING
PHYSICIANS
| ||||||
24 |
SOME PHYSICIANS WHO WILL TREAT YOU AT THIS HOSPITAL MAY
NOT | ||||||
25 |
BE EMPLOYEES OF THE HOSPITAL AND THE HOSPITAL IS NOT
| ||||||
26 |
RESPONSIBLE FOR ANY CONDUCT OF ANY NON-EMPLOYEE
PHYSICIANS | ||||||
27 |
ON THE BASIS THAT THEY ARE HOSPITAL AGENTS OR EMPLOYEES";
| ||||||
28 |
and | ||||||
29 | (2)
if the patient is asked to sign the disclosure, the | ||||||
30 | disclosure shall contain
immediately above the signature | ||||||
31 | lines, in upper case bold
type printed letters of at least | ||||||
32 | 3/16 inch height, a
statement that the patient cannot be |
| |||||||
| |||||||
1 | required to sign the
disclosure in order to receive | ||||||
2 | treatment;
and | ||||||
3 | (3)
the patient was not required to sign the disclosure | ||||||
4 | in order to receive
treatment; and | ||||||
5 | (4)
such disclosure is provided in a reasonable and | ||||||
6 | meaningful manner. In
determining if a disclosure | ||||||
7 | satisfies the requirements
of this item (4), the trier of | ||||||
8 | fact shall consider only
the following factors: | ||||||
9 | (A)
Whether the patient knowingly and voluntarily | ||||||
10 | signed
the disclosure. | ||||||
11 | (B)
Whether the hospital provided an opportunity | ||||||
12 | for
the patient to ask questions. | ||||||
13 | (C)
Whether the patient's questions about this | ||||||
14 | disclosure
were answered and the contents of the | ||||||
15 | answers. | ||||||
16 | (D)
Whether such disclosure was provided orally | ||||||
17 | and
in writing. | ||||||
18 | (E)
Whether a reasonable person under the | ||||||
19 | circumstances
should have understood the disclosure, | ||||||
20 | taking
into account any and all representations made by | ||||||
21 | or
on behalf of the hospital. | ||||||
22 | As used in
this subsection (b), "patient" refers to the | ||||||
23 | patient or any legal representative of the
patient. | ||||||
24 | (c) Nothing in
this Section shall be construed as imposing | ||||||
25 | an obligation on a hospital to provide any
particular health | ||||||
26 | care service, treatment, or procedure to a
patient. | ||||||
27 | (d) Nothing in
this Section precludes any other defense to | ||||||
28 | a claim of apparent or ostensible
agency. | ||||||
29 | (e) This
amendatory Act of the 93rd General Assembly | ||||||
30 | applies to causes of action accruing on or after
its effective | ||||||
31 | date.
| ||||||
32 | (735 ILCS
5/8-1901) (from Ch. 110, par.
8-1901)
| ||||||
33 | Sec. 8-1901.
Admission of liability - Effect. |
| |||||||
| |||||||
1 | (a)
The providing of, or payment for, medical, surgical, | ||||||
2 | hospital, or rehabilitation services, facilities, or
equipment | ||||||
3 | by or on behalf of any person, or the offer to
provide, or pay | ||||||
4 | for, any one or more of the foregoing, shall not be
construed | ||||||
5 | as an admission of any liability by such person or
persons. | ||||||
6 | Testimony, writings, records, reports or information
with | ||||||
7 | respect to the foregoing shall not be admissible in
evidence as | ||||||
8 | an admission of any liability in any action of any
kind in any | ||||||
9 | court or before any commission, administrative agency,
or other | ||||||
10 | tribunal in this State, except at the instance of the
person or | ||||||
11 | persons so making any such provision, payment or
offer. | ||||||
12 | (b) Any
expression of grief, apology, or explanation | ||||||
13 | provided by a health care provider, including, but
not limited | ||||||
14 | to, a statement that the health care provider is
"sorry" for | ||||||
15 | the outcome to a patient, the patient's family, or
the | ||||||
16 | patient's legal representative about an inadequate
or | ||||||
17 | unanticipated treatment or care outcome that is
provided within | ||||||
18 | 72 hours of when the provider knew or should have
known of the | ||||||
19 | potential cause of such outcome shall not be
admissible as | ||||||
20 | evidence in any action of any kind in any court or
before any | ||||||
21 | tribunal, board, agency, or person. The disclosure
of any such | ||||||
22 | information, whether proper, or improper, shall not
waive or | ||||||
23 | have any effect upon its confidentiality or
inadmissibility. As | ||||||
24 | used in this Section, a "health care provider" is
any hospital, | ||||||
25 | nursing home or other facility, or employee or
agent thereof, a | ||||||
26 | physician, or other licensed health care
professional. Nothing | ||||||
27 | in this Section precludes the discovery or
admissibility of any | ||||||
28 | other facts regarding the patient's treatment or
outcome as | ||||||
29 | otherwise permitted by law.
| ||||||
30 | (c) This
amendatory Act of the 93rd General Assembly | ||||||
31 | applies to causes of action accruing on or after
its effective | ||||||
32 | date. | ||||||
33 | (Source: P.A. 82-280.)
|
| |||||||
| |||||||
1 | (735 ILCS
5/8-2501) (from Ch. 110, par.
8-2501)
| ||||||
2 | (Text of Section
WITHOUT the changes made by P.A. 89-7, | ||||||
3 | which has been held unconstitutional)
| ||||||
4 | Sec. 8-2501.
Expert Witness Standards. In any case in which
| ||||||
5 | the standard of care applicable
to given by a
medical | ||||||
6 | professional
profession is at issue, the
court shall apply the | ||||||
7 | following standards to determine if a witness
qualifies as an | ||||||
8 | expert witness and can testify on the issue of the
appropriate | ||||||
9 | standard of care. | ||||||
10 | (a)
Whether the witness is board certified or board
| ||||||
11 | eligible, or has completed a residency, in the same
or | ||||||
12 | substantially similar medical specialties as the
defendant and | ||||||
13 | is otherwise qualified by significant experience
with the | ||||||
14 | standard of care, methods, procedures, and
treatments relevant | ||||||
15 | to the allegations against the
defendant Relationship of the
| ||||||
16 | medical specialties of the witness to the
medical problem or | ||||||
17 | problems and the type of treatment
administered in the case ; | ||||||
18 | (b) Whether the
witness has devoted a majority
substantial | ||||||
19 | portion of his or her
work time to the practice of medicine,
| ||||||
20 | teaching or University based research in relation to
the | ||||||
21 | medical care and type of treatment at issue which gave
rise to | ||||||
22 | the medical problem of which the plaintiff
complains; | ||||||
23 | (c) whether the
witness is licensed in the same profession | ||||||
24 | with the same class of license as
the defendant if the | ||||||
25 | defendant is an individual ;
and | ||||||
26 | (d) whether, in
the case against a nonspecialist, the | ||||||
27 | witness can demonstrate a sufficient familiarity with
the | ||||||
28 | standard of care practiced in this State.
| ||||||
29 | An expert
shall provide evidence of active practice, | ||||||
30 | teaching, or engaging in university-based research.
If | ||||||
31 | retired, an expert must provide evidence of
attendance and | ||||||
32 | completion of continuing education courses for 3
years previous | ||||||
33 | to giving testimony. An expert who has not actively
practiced, | ||||||
34 | taught, or been engaged in university-based
research, or any |
| |||||||
| |||||||
1 | combination thereof, during the preceding 5 years
may not be | ||||||
2 | qualified as an expert witness.
| ||||||
3 | This
amendatory Act of the 93rd General Assembly applies to | ||||||
4 | causes of action accruing on or after its effective
date. | ||||||
5 | (Source: P.A. 84-7.)
| ||||||
6 | Section 340.
The Good Samaritan Act is amended by changing | ||||||
7 | 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 | medically indigent
patients which is limited to care that does | ||||||
23 | not require the services of a licensed hospital or
ambulatory | ||||||
24 | surgical treatment center and who receives no fee or
| ||||||
25 | compensation from that source shall not be liable for
civil | ||||||
26 | damages as a result of his or her acts or omissions in
| ||||||
27 | providing that medical treatment, except for willful
or wanton | ||||||
28 | misconduct. | ||||||
29 | (b) For purposes
of this Section, a "free medical clinic" | ||||||
30 | is an organized community based program providing
medical care | ||||||
31 | without charge to individuals
unable to pay for it , at which
| ||||||
32 | the care provided does not include
the use of general
|
| |||||||
| |||||||
1 | anesthesia or require an
overnight stay in a health-care | ||||||
2 | facility. | ||||||
3 | (c) The
provisions of subsection (a) of this Section do not | ||||||
4 | apply to a particular case unless the free medical
clinic has | ||||||
5 | posted in a conspicuous place on its premises an
explanation of | ||||||
6 | the exemption from civil liability provided
herein. | ||||||
7 | (d) The immunity
from civil damages provided under | ||||||
8 | subsection (a) also applies to physicians,
retired physicians, | ||||||
9 | hospitals, and other health care providers that
provide further | ||||||
10 | medical treatment, diagnosis, or
advice , including but not | ||||||
11 | limited to hospitalization, office visits, and home
visits, to | ||||||
12 | a patient upon referral from an established free
medical clinic | ||||||
13 | without fee or compensation.
| ||||||
14 | (d-5) A free
medical clinic may receive reimbursement from | ||||||
15 | the Illinois Department of Public Aid, provided any
| ||||||
16 | reimbursements shall be used only to pay overhead
expenses of | ||||||
17 | operating the free medical clinic and may not be
used, in whole | ||||||
18 | or in part, to provide a fee or other compensation
to any | ||||||
19 | person licensed under the Medical Practice Act of
1987 or any | ||||||
20 | other health care professional who is receiving an
exemption | ||||||
21 | under this Section. Any health care professional
receiving an | ||||||
22 | exemption under this Section may not receive any
fee or other | ||||||
23 | compensation in connection with any services
provided to, or | ||||||
24 | any ownership interest in, the clinic. Medical care
shall not | ||||||
25 | include an overnight stay in a health care
facility. | ||||||
26 | (e) Nothing in
this Section prohibits a free medical clinic | ||||||
27 | from accepting voluntary contributions for medical
services | ||||||
28 | provided to a patient who has acknowledged his or her
ability | ||||||
29 | and willingness to pay a portion of the value of the
medical | ||||||
30 | services provided. | ||||||
31 | (f)
Any voluntary contribution collected for providing | ||||||
32 | care at a free medical clinic shall be used only to
pay | ||||||
33 | overhead expenses of operating the clinic. No portion
of any | ||||||
34 | moneys collected shall be used to provide a fee or
other |
| |||||||
| |||||||
1 | compensation to any person licensed under Medical
Practice Act | ||||||
2 | of 1987. | ||||||
3 | (g) This
amendatory Act of the 93rd General Assembly | ||||||
4 | applies to causes of action accruing on or after
its effective | ||||||
5 | date. | ||||||
6 | (Source: P.A. 89-607, eff. 1-1-97; 90-742, eff.
8-13-98.) | ||||||
7 |
ARTICLE 4. SORRY WORKS! PILOT PROGRAM
ACT | ||||||
8 | Section 401.
Short title. This Article 4 may be cited as
| ||||||
9 | the Sorry Works! Pilot Program
Act , and references in this | ||||||
10 | Article to "this Act" mean this
Article. | ||||||
11 | Section 405.
Sorry Works! pilot program. The Sorry Works!
| ||||||
12 | pilot program is established. During the first year of
the | ||||||
13 | program's operation, participation in the program
shall be open | ||||||
14 | to one hospital. Hospitals may participate only with
the | ||||||
15 | approval of the hospital administration and the
hospital's | ||||||
16 | organized medical staff. During the second year of the
| ||||||
17 | program's operation, participation in the program
shall be open | ||||||
18 | to one additional hospital. | ||||||
19 | The first
participating hospital selected by the committee | ||||||
20 | established under Section 410 shall be located in a
county with | ||||||
21 | a population greater than 200,000 that is contiguous
with the | ||||||
22 | Mississippi River. | ||||||
23 | Under the
program, participating hospitals and physicians | ||||||
24 | shall promptly acknowledge and apologize for mistakes
in | ||||||
25 | patient care and promptly offer fair settlements.
| ||||||
26 | Participating hospitals shall encourage patients and
families | ||||||
27 | to retain their own legal counsel to ensure that their
rights | ||||||
28 | are protected and to help facilitate negotiations for
fair | ||||||
29 | settlements. Participating hospitals shall report to
the | ||||||
30 | committee their total costs for healing art
malpractice | ||||||
31 | verdicts, settlements, and defense litigation for the
|
| |||||||
| |||||||
1 | preceding 5 years to enable the committee to determine
average | ||||||
2 | costs for that hospital during that period. The
committee shall | ||||||
3 | develop standards and protocols to compare costs for
cases | ||||||
4 | handled by traditional means and cases handled under
the Sorry | ||||||
5 | Works! protocol. | ||||||
6 | If the committee
determines that the total costs of cases | ||||||
7 | handled under the Sorry Works! protocol by a hospital
| ||||||
8 | participating in the program exceed the total costs
that would | ||||||
9 | have been incurred if the cases had been handled by
traditional | ||||||
10 | means, the hospital may apply for a grant from the
Sorry Works! | ||||||
11 | Fund, a special fund that is created in the State
Treasury, for | ||||||
12 | an amount, as determined by the committee, by which
the total | ||||||
13 | costs exceed the total costs that would have been
incurred if | ||||||
14 | the cases had been handled by traditional means;
however, the | ||||||
15 | total of all grants from the Fund for cases in any
single | ||||||
16 | participating hospital in any year may not exceed the
amount in | ||||||
17 | the Fund or $2,000,000, whichever is less. All grants
shall be | ||||||
18 | subject to appropriation. Moneys in the Fund shall
consist of | ||||||
19 | funds transferred into the Fund or otherwise made
available | ||||||
20 | from any source. | ||||||
21 | Section 410.
Establishment of committee. | ||||||
22 | (a) A committee
is established to develop, oversee, and | ||||||
23 | implement the Sorry Works! pilot program. The
committee shall | ||||||
24 | have 10 members, each of whom shall be a voting
member. Six | ||||||
25 | members of the committee shall constitute a quorum.
The | ||||||
26 | committee shall be comprised as follows: | ||||||
27 | (1)
The President of the Senate, the Minority Leader of | ||||||
28 | the Senate, the Speaker of the
House of Representatives, | ||||||
29 | and the Minority Leader of the
House of Representatives | ||||||
30 | shall each appoint 2
members. | ||||||
31 | (2)
The Director of Professional Regulation or his or | ||||||
32 | her designee. | ||||||
33 | (3)
The Director of Insurance or his or her
designee. |
| |||||||
| |||||||
1 | (b) The committee
shall establish criteria for the program, | ||||||
2 | including but not limited to: selection of hospitals,
| ||||||
3 | physicians, and insurers to participate in the
program; and | ||||||
4 | creation of a subcommittee to review cases from
hospitals and | ||||||
5 | determine whether hospitals, physicians, and insurers
are | ||||||
6 | entitled to compensation under the program.
| ||||||
7 | (c) The committee
shall communicate with hospitals, | ||||||
8 | physicians, and insurers that are interested in
participating | ||||||
9 | in the program. The committee shall make final
decisions as to | ||||||
10 | which applicants are accepted for the
program. | ||||||
11 | (d) The committee
shall report to the Governor and the | ||||||
12 | General Assembly annually. | ||||||
13 | (e) The committee
shall publish data regarding the program. | ||||||
14 | (f) Committee
members shall receive no compensation for the | ||||||
15 | performance of their duties as members, but each
member shall | ||||||
16 | be paid necessary expenses while engaged in the
performance of | ||||||
17 | those duties. | ||||||
18 | Section 415.
Termination of program. | ||||||
19 | (a) The program
may be terminated at any time if the | ||||||
20 | committee, by a vote of two-thirds of its members,
votes to | ||||||
21 | terminate the program. | ||||||
22 | (b) If the
program is not terminated under subsection (a), | ||||||
23 | the program shall terminate after its second year of
operation. | ||||||
24 | Section 495.
The State Finance Act is amended by adding | ||||||
25 | Section 5.626 as follows:
| ||||||
26 | (30 ILCS
105/5.626 new)
| ||||||
27 | Sec. 5.626.
The Sorry Works! Fund.
| ||||||
28 |
ARTICLE 9. MISCELLANEOUS | ||||||
29 | Section 995.
Severability. The provisions of this Act are
|
| |||||||
| |||||||
1 | severable under Section 1.31 of the Statute on
Statutes. | ||||||
2 | Section 999.
Effective date. This Act takes effect upon
| ||||||
3 | becoming law.".
|