Illinois General Assembly - Bill Status for HB4847

Deletes everything. Makes legislative findings. Amends the Open Meetings Act, Counties Code, the Illinois Insurance Code, and the Local Governmental and Governmental Employees Tort Immunity Act. Provides that any county with a population of 200,000 or more may create a risk retention trust for the pooling of risks to provide professional liability coverage for its physicians and health care professionals providing medical care and related health care within the county's limits. Provides that a single medical care risk retention trust program may be established jointly by more than one county, in accordance with an agreement between the participating counties, if at least one of the participating counties has a population of 200,000 or more. Authorizes a county board to incur indebtedness by establishing lines or letters of credit or issuing general obligation or revenue bonds to ensure the availability of and improve hospital, medical, and health services. Provides that a local public entity and a public employee are not liable for an injury resulting from the policy decision to establish a medical care risk retention trust or from the operation, management, or administration of, or payment of claims pursuant to, a medical care risk retention trust. Amends the Regulatory Sunset Act to extend the repeal of the Medical Practice Act of 1987 to January 1, 2015. Amends the Hospital Licensing Act. Provides that a hospital, through its employees or agents, may discuss information regarding a member of its medical staff that raises immediate patient safety concerns with specified committees or hospital contact on behalf of a committee, any other hospital, for the same purposes and that this information is not available to the public and is not discoverable or admissible in any judicial proceeding against a hospital or a health care professional. Contains provisions regarding discovery and liability for civil damages. Amends the Illinois Insurance Code. Makes numerous changes concerning medical liability insurance rates and regulation. Requires the Director of Insurance to establish a Professional Liability Insurance Resource Center on the World Wide Web with specified information regarding medical liability insurers. Requires insurers to report medical liability insurance claims to the Director and requires legal and medical malpractice insurers to submit specified information to the the Director. Requires circuit court clerks to provide information to the Director to verify the accuracy and completeness of reports made to the Director, and amends the Clerks of Courts Act to make conforming changes. Amends the Medical Practice Act of 1987. Provides that the Director of Professional Regulation shall appoint at least 2 (rather than one) deputy medical coordinators and shall employ not less than one full time investigator for every 2,500 (rather than 5,000) physicians licensed in the State. Makes numerous changes concerning discipline, disciplinary proceedings, records, disclosure of information, incidents to which the Act applies, and immunity. Amends the Health Care Arbitration Act by providing that a copy of a health care arbitration agreement shall be given to the patient or the patient's legally authorized representative upon signing (rather than at discharge), by providing that no health care arbitration agreement is valid after 5 years (instead of 2 years) from the date of its execution, and by making various changes concerning cancellation of agreements and other matters. Amends the Code of Civil Procedure by: adding provisions concerning extension of the 6-month period for naming a respondent in discovery as a defendant; changing, in healing art malpractice cases, provisions concerning the affidavit and report based on the determination of a reviewing health professional; providing that, in cases in which the plaintiff seeks damages by reason of medical healing art malpractice, the amount of the recovery shall be limited to an amount that is covered by the physician's medical malpractice insurance or liability insurance if the physician maintains at least a minimum of $1,000,000 in insurance coverage per occurrence and $3,000,000 in the aggregate, that corporate assets are subject to attachment for satisfaction of a judgment, and that in no event shall a physician be liable in an amount that would cause him or her to forfeit any personal assets; providing that, in healing art malpractice actions, the court shall instruct the jury in writing, to the extent that it is true, that an award of compensatory damages will not be taxable under federal or State income tax law; limiting liability of a hospital for the medical care provided by a member of the hospital's medical staff under a claim based upon apparent, implied, or ostensible agency; creating a Blue Ribbon Commission to study the advisability of implementing an alternative system for the resolution of healing art malpractice disputes; providing that a statement that a health care provider is "sorry" for an outcome is not admissible as evidence under specified circumstances; and changing and adding provisions concerning expert witness standards. Amends the Illinois Good Samaritan Act. Expands the immunity for civil damages provided for services performed without compensation at, or upon referral from, free medical clinics. Makes other changes. Creates the Sorry Works! Pilot Program Act under which participating hospitals and physicians shall promptly acknowledge and apologize for mistakes in patient care and promptly offer fair settlements. Provides for participation in the program by a specified number of hospitals with the approval of the hospital administration and the hospital's organized medical staff. Provides that, if the total costs of cases handled under the Sorry Works! protocol by a hospital participating in the program exceed the total costs that would have been incurred if the cases had been handled by traditional means, the hospital may apply for a grant from the Sorry Works! Fund in the amount by which the total costs exceed the total costs that would have been incurred if the cases had been handled by traditional means, but the total of all grants for cases in any single participating hospital in any year may not exceed $2,000,000. Creates a committee to develop, oversee, and implement the program and specifies the committee's membership. Contains provisions regarding duties of the committee, reports, publication of data, reimbursement of expenses, termination of the program, and other matters. Creates the Sorry Works! Fund as a special fund in the State treasury and amends the State Finance Act to include the Sorry Works! Fund as a special fund. Contains provisions concerning applicability and construction. Effective immediately.

Date	Chamber	Action
1/11/2005	House	Session Sine Die

Date	Chamber	Action
2/4/2004	House	Filed with the Clerk by Rep. Karen May
2/4/2004	House	Added Chief Co-Sponsor Rep. Mary E. Flowers
2/4/2004	House	Added Chief Co-Sponsor Rep. Kathleen A. Ryg
2/4/2004	House	Added Chief Co-Sponsor Rep. Carolyn H. Krause
2/4/2004	House	Added Chief Co-Sponsor Rep. Sandra M. Pihos
2/4/2004	House	First Reading
2/4/2004	House	Referred to Rules Committee
2/9/2004	House	Assigned to Health Care Availability and Access Committee
2/13/2004	House	Fiscal Note Filed
2/19/2004	House	Added Co-Sponsor Rep. Patricia Bailey
2/20/2004	House	Added Co-Sponsor Rep. Rosemary Kurtz
2/20/2004	House	Added Co-Sponsor Rep. Harry Osterman
2/20/2004	House	Added Co-Sponsor Rep. Elaine Nekritz
2/25/2004	House	Do Pass / Short Debate Health Care Availability and Access Committee; 020-000-000
2/25/2004	House	Placed on Calendar 2nd Reading - Short Debate
2/25/2004	House	Added Co-Sponsor Rep. Elizabeth Coulson
3/2/2004	House	Second Reading - Short Debate
3/2/2004	House	Placed on Calendar Order of 3rd Reading - Short Debate
3/4/2004	House	Added Co-Sponsor Rep. David E. Miller
3/4/2004	House	Added Co-Sponsor Rep. Arthur L. Turner
3/4/2004	House	Added Co-Sponsor Rep. Patricia Reid Lindner
3/4/2004	House	Added Co-Sponsor Rep. Rosemary Mulligan
3/4/2004	House	Added Co-Sponsor Rep. Linda Chapa LaVia
3/4/2004	House	Added Co-Sponsor Rep. Maria Antonia Berrios
3/4/2004	House	Added Co-Sponsor Rep. John A. Fritchey
3/4/2004	House	Added Co-Sponsor Rep. Constance A. Howard
3/4/2004	House	Added Co-Sponsor Rep. Ricca Slone
3/4/2004	House	Added Co-Sponsor Rep. William Delgado
3/4/2004	House	Added Co-Sponsor Rep. Cynthia Soto
3/4/2004	House	Added Co-Sponsor Rep. Susana Mendoza
3/4/2004	House	Added Co-Sponsor Rep. Robert S. Molaro
3/4/2004	House	Added Co-Sponsor Rep. Michael K. Smith
3/4/2004	House	Added Co-Sponsor Rep. Mike Boland
3/4/2004	House	Added Co-Sponsor Rep. Gary Hannig
3/25/2004	House	Added Co-Sponsor Rep. Jack D. Franks
3/25/2004	House	Third Reading - Short Debate - Passed 114-000-000
3/25/2004	Senate	Arrive in Senate
3/25/2004	Senate	Placed on Calendar Order of First Reading March 26, 2004
3/30/2004	Senate	Chief Senate Sponsor Sen. Denny Jacobs
3/30/2004	Senate	First Reading
3/30/2004	Senate	Referred to Rules
4/15/2004	Senate	Assigned to Insurance & Pensions
4/21/2004	Senate	Do Pass Insurance & Pensions; 010-000-000
4/21/2004	Senate	Placed on Calendar Order of 2nd Reading April 22, 2004
4/22/2004	Senate	Second Reading
4/22/2004	Senate	Placed on Calendar Order of 3rd Reading April 27, 2004
4/29/2004	Senate	Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
5/12/2004	Senate	Senate Floor Amendment No. 1 Filed with Secretary by Sen. Denny Jacobs; -Watson-Luechtefeld-Dillard
5/12/2004	Senate	Senate Floor Amendment No. 1 Referred to Rules
5/12/2004	Senate	Senate Floor Amendment No. 2 Filed with Secretary by Sen. Denny Jacobs; -Watson-Luechtefeld-Dillard
5/12/2004	Senate	Senate Floor Amendment No. 2 Referred to Rules
5/12/2004	Senate	Senate Floor Amendment No. 3 Filed with Secretary by Sen. Denny Jacobs; -Watson-Luechtefeld-Dillard
5/12/2004	Senate	Senate Floor Amendment No. 3 Referred to Rules
5/12/2004	Senate	Senate Floor Amendment No. 4 Filed with Secretary by Sen. Denny Jacobs
5/12/2004	Senate	Senate Floor Amendment No. 4 Referred to Rules
5/13/2004	Senate	Third Reading Deadline Extended - Rule 2-10, extended to January 11, 2005.
5/13/2004	Senate	Motion Filed Sen. Frank C. Watson; -Luechtefeld-Dillard-Pursuant to Senate Rule 7-9, Senate Rules discharge Floor Amendment's Numbered 1, 2 & 3, and be referred to the Senate Judiciary Committee.
5/13/2004	Senate	Motion Filed Sen. Frank C. Watson; -Luechtefeld-Dillard-Pursuant to Senate Rule 7-9, Senate Rules discharge Floor Amendment Number 4 and be referred to the Senate Judiciary Committee.
5/18/2004	Senate	Senate Floor Amendment No. 1 Rules Refers to Executive
5/18/2004	Senate	Senate Floor Amendment No. 2 Rules Refers to Executive
5/18/2004	Senate	Senate Floor Amendment No. 3 Rules Refers to Executive
5/18/2004	Senate	Senate Floor Amendment No. 4 Rules Refers to Executive
5/18/2004	Senate	Sponsor Removed Sen. Jacqueline Y. Collins
5/18/2004	Senate	Senate Floor Amendment No. 1 added as a co-sponsor-Senator Haine
5/19/2004	Senate	Added as Alternate Chief Co-Sponsor Sen. Susan Garrett
5/19/2004	Senate	Added as Alternate Co-Sponsor Sen. Gary Forby
5/19/2004	Senate	Added as Alternate Chief Co-Sponsor Sen. James F. Clayborne, Jr.
5/19/2004	Senate	Alternate Chief Co-Sponsor Changed to Sen. Susan Garrett
5/19/2004	Senate	Alternate Chief Co-Sponsor Changed to Sen. James F. Clayborne, Jr.
5/20/2004	Senate	Added as Alternate Co-Sponsor Sen. Lawrence M. Walsh
5/25/2004	Senate	Motion Filed Sen. Frank C. Watson; -Luechtefeld-Dillard- Pursuant to Senate Rule 7-9, discharge the Senate Executive Committee from further consideration of Senate Floor Amendments Numbered 1, 2 & 3, and that these amendments be approved for consideration.
5/25/2004	Senate	Motion Filed Sen. Frank C. Watson; -Luechtefeld-Dillard-Pursuant to Senate Rule 7-9, discharge the Senate Executive Committee from further consideration of Senate Floor Amendment Number 4, and that this amendment be approved for consideration.
5/28/2004	Senate	Added as Alternate Co-Sponsor Sen. John M. Sullivan
5/28/2004	Senate	Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
5/31/2004	Senate	Alternate Chief Sponsor Changed to Sen. William R. Haine
5/31/2004	Senate	Added as Alternate Chief Co-Sponsor Sen. Denny Jacobs
5/31/2004	Senate	Senate Floor Amendment No. 5 Filed with Secretary by Sen. William R. Haine
5/31/2004	Senate	Senate Floor Amendment No. 5 Referred to Rules
5/31/2004	Senate	Senate Floor Amendment No. 5 Rules Refers to Executive
5/31/2004	Senate	Senate Floor Amendment No. 6 Filed with Secretary by Sen. David Luechtefeld
5/31/2004	Senate	Senate Floor Amendment No. 6 Referred to Rules
5/31/2004	Senate	Sponsor Removed Sen. Jacqueline Y. Collins
5/31/2004	Senate	Added as Alternate Co-Sponsor Sen. David Luechtefeld
5/31/2004	Senate	Added as Alternate Co-Sponsor Sen. Frank C. Watson
5/31/2004	Senate	Added as Alternate Co-Sponsor Sen. Kirk W. Dillard
5/31/2004	Senate	Senate Floor Amendment No. 5 Be Adopted Executive; 009-000-003
5/31/2004	Senate	Recalled to Second Reading
5/31/2004	Senate	Senate Floor Amendment No. 5 Adopted; Haine
5/31/2004	Senate	Placed on Calendar Order of 3rd Reading
5/31/2004	Senate	Third Reading - Passed; 047-009-000
5/31/2004	Senate	Senate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
5/31/2004	Senate	Senate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
5/31/2004	Senate	Senate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
5/31/2004	Senate	Senate Floor Amendment No. 4 Tabled Pursuant to Rule 5-4(a)
5/31/2004	Senate	Senate Floor Amendment No. 6 Tabled Pursuant to Rule 5-4(a)
6/1/2004	House	Arrived in House
6/1/2004	House	Placed on Calendar Order of Concurrence Senate Amendment(s) 5
6/8/2004	House	Chief Sponsor Changed to Rep. Michael J. Madigan
6/9/2004	House	Added Co-Sponsor Rep. William B. Black
6/29/2004	House	Added Co-Sponsor Rep. Robert F. Flider
6/30/2004	House	Final Action Deadline Extended-9(b) July 15, 2004
7/9/2004	House	Sponsor Removed Rep. Carolyn H. Krause
7/9/2004	House	Added Co-Sponsor Rep. Carolyn H. Krause
7/9/2004	House	Added Chief Co-Sponsor Rep. Karen May
7/15/2004	House	Final Action Deadline Extended-9(b) JULY 31, 2004
7/31/2004	House	Rule 19(a) / Re-referred to Rules Committee
1/11/2005	House	Session Sine Die

	Fiscal Note (Department of Insurance)
	No fiscal impact.

	Deletes reference to:
	215 ILCS 5/368a

	Adds reference to:
	New Act