SB2780 93RD GENERAL ASSEMBLY

LRB093 15733 LCB 46427 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2780

Introduced 2/5/2004, by Kirk W. Dillard

SYNOPSIS AS INTRODUCED:

735 ILCS 5/8-1901

from Ch. 110, par. 8-1901

Amends the Code of Civil Procedure. Provides that any expression of grief, apology, remedial action, or explanation provided by a health care provider to a patient, the patient's family, or the patient's legal representative about an inadequate or unanticipated treatment or care outcome that is made within 72 hours of when the provider knew or should have known of the potential cause of such outcome is not admissible as evidence, nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or person. Provides that the disclosure of any such information, whether proper or improper, shall not waive or have any effect upon its confidentiality, nondiscoverability, or inadmissibility. Provides that any person who discloses the information for the purpose of bringing a claim for damages against a provider commits a Class A misdemeanor.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

An Act concerning civil procedure.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 8-1901 as follows:

(735 ILCS 5/8-1901) (from Ch. 110, par. 8-1901)

Sec. 8-1901. Admission of liability - Effect.

(a) The providing of, or payment for, medical, surgical, hospital, or rehabilitation services, facilities, or equipment by or on behalf of any person, or the offer to provide, or pay for, any one or more of the foregoing, shall not be construed as an admission of any liability by such person or persons. Testimony, writings, records, reports or information with respect to the foregoing shall not be admissible in evidence as an admission of any liability in any action of any kind in any court or before any commission, administrative agency, or other tribunal in this State, except at the instance of the person or persons so making any such provision, payment or offer.

(b) Any expression of grief, apology, remedial action, or explanation provided by a health care provider, including, but not limited to, a statement that the health care provider is "sorry" for the outcome to a patient, the patient's family, or the patient's legal representative about an inadequate or unanticipated treatment or care outcome that is provided within 72 hours of when the provider knew or should have known of the potential cause of such outcome shall not be admissible as evidence, nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or person. The disclosure of any such information, whether proper, or improper, shall not waive or have any effect upon its confidentiality, nondiscoverability, or inadmissibility. The disclosure of the information for the purpose of bringing a claim for damages against a provider is unlawful and any person convicted of violating any of the provisions of this Section is guilty of a Class A misdemeanor. As used in this Section, a "health care provider" is any hospital, nursing home or other facility, or employee or agent thereof, a physician, or other licensed health care professional. Nothing in this Section precludes the discovery or admissibility of any other facts regarding the patient's treatment or outcome as otherwise permitted by law.

(Source: P.A. 82-280.)