Rep. Mary E. Flowers

Filed: 4/8/2011

 

 


 

 


 
09700HB0945ham001LRB097 03783 AJO 54149 a

1
AMENDMENT TO HOUSE BILL 945

2    AMENDMENT NO. ______. Amend House Bill 945 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Civil Procedure is amended by
5changing Section 8-1901 as follows:
 
6    (735 ILCS 5/8-1901)  (from Ch. 110, par. 8-1901)
7    (Text of Section WITH the changes made by P.A. 94-677,
8which has been held unconstitutional)
9    Sec. 8-1901. Admission of liability - Effect.
10    (a) The providing of, or payment for, medical, surgical,
11hospital, or rehabilitation services, facilities, or equipment
12by or on behalf of any person, or the offer to provide, or pay
13for, any one or more of the foregoing, shall not be construed
14as an admission of any liability by such person or persons.
15Testimony, writings, records, reports or information with
16respect to the foregoing shall not be admissible in evidence as

 

 

09700HB0945ham001- 2 -LRB097 03783 AJO 54149 a

1an admission of any liability in any action of any kind in any
2court or before any commission, administrative agency, or other
3tribunal in this State, except at the instance of the person or
4persons so making any such provision, payment or offer.
5    (b) Any expression of grief, apology, or explanation
6provided by a health care provider, including, but not limited
7to, a statement that the health care provider is "sorry" for
8the outcome to a patient, the patient's family, or the
9patient's legal representative about an inadequate or
10unanticipated treatment or care outcome that is provided within
1172 hours of when the provider knew or should have known of the
12potential cause of such outcome shall not be admissible as
13evidence in any action of any kind in any court or before any
14tribunal, board, agency, or person. The disclosure of any such
15information, whether proper, or improper, shall not waive or
16have any effect upon its confidentiality or inadmissibility. As
17used in this Section, a "health care provider" is any hospital,
18nursing home or other facility, or employee or agent thereof, a
19physician, or other licensed health care professional. Nothing
20in this Section precludes the discovery or admissibility of any
21other facts regarding the patient's treatment or outcome as
22otherwise permitted by law.
23    (c) The changes to this Section made by this amendatory Act
24of the 94th General Assembly apply to causes of action accruing
25on or after its effective date.
26(Source: P.A. 94-677, eff. 8-25-05.)
 

 

 

09700HB0945ham001- 3 -LRB097 03783 AJO 54149 a

1    (Text of Section WITHOUT the changes made by P.A. 94-677,
2which has been held unconstitutional)
3    Sec. 8-1901. Admission of liability - Effect.
4    (a) The providing of, or payment for, medical, surgical,
5hospital, or rehabilitation services, facilities, or equipment
6by or on behalf of any person, or the offer to provide, or pay
7for, any one or more of the foregoing, shall not be construed
8as an admission of any liability by such person or persons.
9Testimony, writings, records, reports or information with
10respect to the foregoing shall not be admissible in evidence as
11an admission of any liability in any action of any kind in any
12court or before any commission, administrative agency, or other
13tribunal in this State, except at the instance of the person or
14persons so making any such provision, payment or offer.
15    (b) Any expression of grief, apology, or explanation
16provided by a health care provider, including, but not limited
17to, a statement that the health care provider is "sorry" for
18the outcome to a patient, the patient's family, or the
19patient's legal representative about an inadequate or
20unanticipated treatment or care outcome that is provided within
2172 hours of when the provider knew or should have known of the
22potential cause of such outcome shall not be admissible as
23evidence in any action of any kind in any court or before any
24tribunal, board, agency, or person. The disclosure of any such
25information, whether proper, or improper, shall not waive or

 

 

09700HB0945ham001- 4 -LRB097 03783 AJO 54149 a

1have any effect upon its confidentiality or inadmissibility. As
2used in this Section, a "health care provider" is any hospital,
3nursing home or other facility, or employee or agent thereof, a
4physician, or other licensed health care professional. Nothing
5in this Section precludes the discovery or admissibility of any
6other facts regarding the patient's treatment or outcome as
7otherwise permitted by law.
8    (c) The provisions of this amendatory Act of the 97th
9General Assembly apply to causes of action accruing on or after
10its effective date.
11(Source: P.A. 82-280.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".