Full Text of SB2160 98th General Assembly
SB2160 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB2160 Introduced 2/15/2013, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/2-622 | from Ch. 110, par. 2-622 | 735 ILCS 5/2-1303 | from Ch. 110, par. 2-1303 | 735 ILCS 5/2-1704.6 new | | 735 ILCS 5/8-1901 | from Ch. 110, par. 8-1901 | 735 ILCS 5/8-2501 | from Ch. 110, par. 8-2501 | 745 ILCS 49/30 | |
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Amends the Code of Civil Procedure and the Good Samaritan Act to reenact certain provisions of Public Act 94-677, which was declared to be unconstitutional by the Illinois Supreme Court in Lebron v. Gottlieb Memorial Hospital. Includes explanatory and validation provisions. Makes changes relating to the reenactment. Also makes these substantive changes: Amends the Code of Civil Procedure to lower the rate of interest payable on judgments and to delay the accrual of interest in certain cases where a federal Medicare lien may exist against the judgment. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Findings; purpose; text and revisory changes; | 5 | | validation; additional material. | 6 | | (a) The Illinois Supreme Court, in Lebron v. Gottlieb | 7 | | Memorial Hospital , 237 Ill.2d 217 (2010), found that the | 8 | | limitations on noneconomic damages in medical malpractice | 9 | | actions that were created in Public Act 94-677, contained in | 10 | | Section 2-1706.5 of the Code of Civil Procedure, violate the | 11 | | separation of powers clause of the Illinois Constitution. | 12 | | Because Public Act 94-677 contained an inseverability | 13 | | provision, the Court held the Act to be void in its entirety. | 14 | | The Court emphasized, however, that "because the other | 15 | | provisions contained in Public Act 94-677 are deemed invalid | 16 | | solely on inseverability grounds, the legislature remains free | 17 | | to reenact any provisions it deems appropriate". | 18 | | (b) "An Act concerning civil law", approved January 18, | 19 | | 2013 (Public Act 97-1145), re-enacted Sections 2-622, 8-1901, | 20 | | and 8-2501 and repealed Section 1704.5 of the Code of Civil | 21 | | Procedure with the effect of removing from the statutes any | 22 | | changes to those Sections made by Public Act 94-677. | 23 | | (c) It is the purpose of this Act to reenact certain | 24 | | provisions of Public Act 94-677 that did not involve |
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| 1 | | limitations on noneconomic damages in medical malpractice | 2 | | actions and to validate certain actions taken in reliance on | 3 | | those provisions. | 4 | | (d) To accomplish the purpose identified in subsection (c) | 5 | | of this Section, this Act: (i) adds Section 2-1704.6 to the | 6 | | Code of Civil Procedure; (ii) amends Sections 2-622, 8-1901, | 7 | | and 8-2501 of the Code of Civil Procedure; and (iii) re-enacts | 8 | | Section 30 of the Good Samaritan Act. Section 2-1704.6 is added | 9 | | to replace Section 2-1704.5 of the Code of Civil Procedure, | 10 | | which had been added by Public Act 94-677 and repealed by | 11 | | Public Act 97-1145. Sections 2-622, 8-1901, and 8-2501 of the | 12 | | Code of Civil Procedure are amended to reflect the Sections as | 13 | | they were changed by 94-677. In those Sections, certain | 14 | | effective date references and applicability provisions have | 15 | | been changed to reflect the reenactment intended by this Act. | 16 | | This Act does not reenact any other provisions of Public Act | 17 | | 94-677. | 18 | | (e) In this Act, the base text of the reenacted Section 30 | 19 | | of the Good Samaritan Act is set forth as it existed at the | 20 | | time of the Supreme Court's decision, including any amendments | 21 | | that occurred after P.A. 94-677. Striking and underscoring is | 22 | | used only to show the changes being made to that base text. | 23 | | (f) All otherwise lawful actions taken in reasonable | 24 | | reliance on or pursuant
to the Sections reenacted by this Act, | 25 | | as set forth in Public Act 94-677 or
subsequently amended, by | 26 | | any officer, employee, agency, or unit of State or
local |
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| 1 | | government or by any other person or entity, are hereby | 2 | | validated. | 3 | | With respect to actions taken in relation to matters | 4 | | arising under the
Sections reenacted by this Act, a person is | 5 | | rebuttably presumed to have acted in
reasonable reliance on and | 6 | | pursuant to the provisions of Public Act 94-677,
as those | 7 | | provisions had been amended at the time the action was taken. | 8 | | With respect to their administration of matters arising | 9 | | under the
Sections reenacted by this Act, officers, employees, | 10 | | agencies, and units of State and local government shall | 11 | | continue to
apply the provisions of Public Act 94-677, as those | 12 | | provisions had been
amended at the relevant time. | 13 | | (g) This Act also contains material making new substantive | 14 | | changes. It amends Section 2-1303 of the Code of Civil | 15 | | Procedure to lower the rate of interest payable on judgments; | 16 | | to provide for annual indexing of those rates; and to delay the | 17 | | accrual of interest in certain cases where a federal Medicare | 18 | | lien may exist against the judgment. | 19 | | Section 5. The Code of Civil Procedure is amended by | 20 | | changing Sections 2-622, 2-1303, 8-1901, and 8-2501 and by | 21 | | adding Section 2-1704.6 as follows:
| 22 | | (735 ILCS 5/2-622) (from Ch. 110, par. 2-622)
| 23 | | Sec. 2-622. Healing art malpractice.
| 24 | | (a) In any action, whether in
tort, contract or otherwise, |
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| 1 | | in which the plaintiff seeks damages for
injuries or death by | 2 | | reason of medical, hospital, or other healing art
malpractice, | 3 | | the plaintiff's attorney or the plaintiff, if the plaintiff is
| 4 | | proceeding pro se, shall file an affidavit, attached to the | 5 | | original and
all copies of the complaint, declaring one of the | 6 | | following:
| 7 | | 1. That the affiant has consulted and reviewed the | 8 | | facts of the case
with a health professional who the | 9 | | affiant reasonably believes: (i) is
knowledgeable in the | 10 | | relevant issues involved in the particular action;
(ii) | 11 | | practices or has practiced within the last 5
6 years or | 12 | | teaches or
has taught within the last 5
6 years in the same | 13 | | area of health care or
medicine that is at issue in the | 14 | | particular action; and (iii) meets the expert witness | 15 | | standards set forth in paragraphs (a) through (d) of | 16 | | Section 8-2501;
is qualified
by experience or demonstrated | 17 | | competence in the subject of the case; that
the reviewing | 18 | | health professional has determined in a
written report, | 19 | | after a review of the medical record and other relevant
| 20 | | material involved in the particular action that there is a | 21 | | reasonable and
meritorious cause for the filing of such | 22 | | action; and that the affiant has
concluded on the basis of | 23 | | the reviewing health professional's review and
| 24 | | consultation that there is a reasonable and meritorious | 25 | | cause for filing of
such action. A single written report | 26 | | must be filed to cover each defendant in the action. As to |
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| 1 | | defendants who are individuals, the
If the affidavit is | 2 | | filed as to a defendant who is a physician
licensed to | 3 | | treat human ailments without the use of drugs or medicines | 4 | | and
without operative surgery, a dentist, a podiatrist, a | 5 | | psychologist, or a
naprapath,
the written report must be | 6 | | from a health professional
licensed in the same profession, | 7 | | with the same class of license, as the
defendant. For | 8 | | written reports
affidavits filed as to all other defendants | 9 | | who are not individuals , the written
report must be from a | 10 | | physician licensed to practice medicine in all its
branches | 11 | | who is qualified by experience with the standard of care, | 12 | | methods, procedures and treatments relevant to the | 13 | | allegations at issue in the case . In either event, the | 14 | | written report
affidavit must identify the profession of
| 15 | | the reviewing health professional. A copy of the written | 16 | | report, clearly
identifying the plaintiff and the reasons | 17 | | for the reviewing health
professional's determination that | 18 | | a reasonable and meritorious cause for
the filing of the | 19 | | action exists, including the reviewing health care | 20 | | professional's name, address, current license number, and | 21 | | state of licensure, must be attached to the affidavit , but
| 22 | | information which would identify the reviewing health | 23 | | professional may be
deleted from the copy so attached .
| 24 | | Information regarding the preparation of a written report | 25 | | by the reviewing health professional shall not be used to | 26 | | discriminate against that professional in the issuance of |
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| 1 | | medical liability insurance or in the setting of that | 2 | | professional's medical liability insurance premium. No | 3 | | professional organization may discriminate against a | 4 | | reviewing health professional on the basis that the | 5 | | reviewing health professional has prepared a written | 6 | | report.
| 7 | | 2.
That the affiant was unable to obtain a consultation | 8 | | required by
paragraph 1 because a statute of limitations | 9 | | would impair the action and
the consultation required could | 10 | | not be obtained before the expiration of
the statute of | 11 | | limitations. If an affidavit is executed pursuant to this
| 12 | | paragraph, the affidavit
certificate and written report | 13 | | required by paragraph 1 shall
be filed within 90 days after | 14 | | the filing of the complaint. No additional 90-day | 15 | | extensions pursuant to this paragraph shall be granted, | 16 | | except where there has been a withdrawal of the plaintiff's | 17 | | counsel. The defendant
shall be excused from answering or | 18 | | otherwise pleading until 30 days after
being served with an | 19 | | affidavit and a report
a certificate
required by paragraph | 20 | | 1.
| 21 | | 3.
That a request has been made by the plaintiff or his | 22 | | attorney for
examination and copying of records pursuant to | 23 | | Part 20 of Article VIII of
this Code and the party required | 24 | | to comply under those Sections has failed
to produce such | 25 | | records within 60 days of the receipt of the request. If an
| 26 | | affidavit is executed pursuant to this paragraph, the |
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| 1 | | affidavit
certificate and
written report required by | 2 | | paragraph 1 shall be filed within 90 days
following receipt | 3 | | of the requested records. All defendants except those
whose | 4 | | failure to comply with Part 20 of Article VIII of this Code | 5 | | is the
basis for an affidavit under this paragraph shall be | 6 | | excused from answering
or otherwise pleading until 30 days | 7 | | after being served with the affidavit and report
| 8 | | certificate
required by paragraph 1.
| 9 | | (b)
Where an affidavit
a certificate and written report are | 10 | | required pursuant to this
Section a separate affidavit
| 11 | | certificate and written report shall be filed as to each
| 12 | | defendant who has been named in the complaint and shall be | 13 | | filed as to each
defendant named at a later time.
| 14 | | (c)
Where the plaintiff intends to rely on the doctrine of | 15 | | "res ipsa
loquitur", as defined by Section 2-1113 of this Code, | 16 | | the affidavit
certificate and
written report must state that, | 17 | | in the opinion of the reviewing health
professional, negligence | 18 | | has occurred in the course of medical treatment.
The affiant | 19 | | shall certify upon filing of the complaint that he is relying
| 20 | | on the doctrine of "res ipsa loquitur".
| 21 | | (d)
When the attorney intends to rely on the doctrine of | 22 | | failure to
inform of the consequences of the procedure, the | 23 | | attorney shall certify
upon the filing of the complaint that | 24 | | the reviewing health professional
has, after reviewing the | 25 | | medical record and other relevant materials involved
in the | 26 | | particular action, concluded that a reasonable health |
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| 1 | | professional
would have informed the patient of the | 2 | | consequences of the procedure.
| 3 | | (e)
Allegations and denials in the affidavit, made without | 4 | | reasonable
cause and found to be untrue, shall subject the | 5 | | party pleading them or his
attorney, or both, to the payment of | 6 | | reasonable expenses, actually incurred
by the other party by | 7 | | reason of the untrue pleading, together with
reasonable | 8 | | attorneys' fees to be summarily taxed by the court upon motion
| 9 | | made within 30 days of the judgment or dismissal. In no event | 10 | | shall the
award for attorneys' fees and expenses exceed those | 11 | | actually paid by the
moving party, including the insurer, if | 12 | | any. In proceedings under this
paragraph (e), the moving party | 13 | | shall have the right to depose and examine
any and all | 14 | | reviewing health professionals who prepared reports used in
| 15 | | conjunction with an affidavit required by this Section. | 16 | | (f)
A reviewing health professional who in good faith | 17 | | prepares a report
used in conjunction with an affidavit | 18 | | required by this Section shall have
civil immunity from | 19 | | liability which otherwise might result from the
preparation of | 20 | | such report.
| 21 | | (g)
The failure of the plaintiff to file an affidavit and | 22 | | report in compliance with
to file a certificate required by
| 23 | | this Section shall be
grounds for dismissal
under Section | 24 | | 2-619.
| 25 | | (h) (Blank).
| 26 | | (i) (Blank).
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| 1 | | (j) The changes to this Section made by this amendatory Act | 2 | | of the 98th General Assembly apply to causes of action accruing | 3 | | on or after August 25, 2005. | 4 | | (Source: P.A. 97-1145, eff. 1-18-13.)
| 5 | | (735 ILCS 5/2-1303) (from Ch. 110, par. 2-1303)
| 6 | | Sec. 2-1303. Interest on judgment. | 7 | | (a) Judgments recovered in
any court shall draw interest at | 8 | | the rate that is equal to the rate at issuance on the 10-year | 9 | | United States Treasury Notes most recently issued prior to of | 10 | | 9% per annum from the date
of the judgment until satisfied or | 11 | | 1% 6% per annum when the judgment debtor is a unit
of local | 12 | | government, as defined in Section 1 of Article VII of the | 13 | | Constitution,
a school district, a community college district, | 14 | | or any other governmental
entity. When judgment is entered upon | 15 | | any award, report or verdict, interest
shall be computed at the | 16 | | above rate, from the time when made or rendered
to the time of | 17 | | entering judgment upon the same, and included in the judgment , | 18 | | except as provided in subsection (b) of this Section .
Interest | 19 | | shall be computed and charged only on the unsatisfied portion | 20 | | of
the judgment as it exists from time to time. The judgment | 21 | | debtor may by
tender of payment of judgment, costs and interest
| 22 | | accrued to the date of tender, stop the further accrual of | 23 | | interest on such
judgment notwithstanding the prosecution of an | 24 | | appeal, or other steps to
reverse, vacate or modify the | 25 | | judgment.
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| 1 | | (b) In cases where a federal Medicare lien may exist | 2 | | against the judgment, this statutory interest shall be computed | 3 | | from the day after the federal Medicare program provides | 4 | | confirmation of any lien against the judgment. | 5 | | (Source: P.A. 85-907.)
| 6 | | (735 ILCS 5/2-1704.6 new) | 7 | | Sec. 2-1704.6. Guaranteed payment of future medical | 8 | | expenses and costs of life care. | 9 | | (a) At any time, but no later than 5 days after a verdict | 10 | | in the plaintiff's favor for a plaintiff's future medical | 11 | | expenses and costs of life care is reached, either party in a | 12 | | medical malpractice action may elect, or the court may enter an | 13 | | order, to have the payment of the plaintiff's future medical | 14 | | expenses and costs of life care made under this Section. | 15 | | (b) In all cases in which a defendant in a medical | 16 | | malpractice action is found liable for the plaintiff's future | 17 | | medical expenses and costs of care, the trier of fact shall | 18 | | make the following findings based on evidence presented at | 19 | | trial: | 20 | | (1) the present cash value of the plaintiff's future | 21 | | medical expenses and costs of life care; | 22 | | (2) the current year annual cost of the plaintiff's | 23 | | future medical expenses and costs of life care; and | 24 | | (3) the annual composite rate of inflation that should | 25 | | be applied to the costs specified in item (2). |
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| 1 | | Based upon evidence presented at trial, the trier of fact | 2 | | may also vary the amount of future costs under this Section | 3 | | from year to year to account for different annual expenditures, | 4 | | including the immediate medical and life care needs of the | 5 | | plaintiff. The jury shall not be informed of an election to pay | 6 | | for future medical expenses and costs of life care by | 7 | | purchasing an annuity. | 8 | | (c) When an election is made to pay for future medical | 9 | | expenses and costs of life care by purchasing an annuity, the | 10 | | court shall enter a judgment ordering that the defendant pay | 11 | | the plaintiff an amount equal to 20% of the present cash value | 12 | | of future medical expenses and cost of life care determined | 13 | | under subsection (b)(1) of this Section and ordering that the | 14 | | remaining future expenses and costs be paid by the purchase of | 15 | | an annuity by or on behalf of the defendant from a company that | 16 | | has itself, or is irrevocably supported financially by a | 17 | | company that has, at least 2 of the following 4 ratings: "A+ X" | 18 | | or higher from A.M. Best Company; "AA-" or higher from Standard & | 19 | | Poor's; "Aa3" or higher from Moody's; and "AA-" or higher | 20 | | from Fitch. The annuity must guarantee that the plaintiff will | 21 | | receive annual payments equal to 80% of the amount determined | 22 | | in subsection (b)(2) inflated by the rate determined in | 23 | | subsection (b)(3) for the life of the plaintiff. | 24 | | (d) If the company providing the annuity becomes unable to | 25 | | pay amounts required by the annuity, the defendant shall secure | 26 | | a replacement annuity for the remainder of the plaintiff's life |
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| 1 | | from a company that satisfies the requirements of subsection | 2 | | (c). | 3 | | (e) A plaintiff receiving future payments by means of an | 4 | | annuity under this Section may seek leave of court to assign or | 5 | | otherwise transfer the right to receive such payments in | 6 | | exchange for a negotiated lump sum value of the remaining | 7 | | future payments or any portion of the remaining future payments | 8 | | under the annuity to address an unanticipated financial | 9 | | hardship under such terms as approved by the court. | 10 | | (f) This Section applies to all causes of action accruing | 11 | | on or after August 25, 2005.
| 12 | | (735 ILCS 5/8-1901) (from Ch. 110, par. 8-1901)
| 13 | | Sec. 8-1901. Admission of liability - Effect. | 14 | | (a) The providing of, or payment
for, medical, surgical,
| 15 | | hospital, or rehabilitation services, facilities, or equipment | 16 | | by or on
behalf of any person, or the offer to provide, or pay | 17 | | for, any one or
more of the foregoing, shall not be construed | 18 | | as an admission of any
liability by such person or persons. | 19 | | Testimony, writings, records,
reports or information with | 20 | | respect to the foregoing shall not be
admissible in evidence as | 21 | | an admission of any liability in any action of
any kind in any | 22 | | court or before any commission, administrative agency,
or other | 23 | | tribunal in this State, except at the instance of the person or
| 24 | | persons so making any such provision, payment or offer.
| 25 | | (b) Any expression of grief, apology, or explanation |
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| 1 | | provided by a health care provider, including, but not limited | 2 | | to, a statement that the health care provider is "sorry" for | 3 | | the outcome to a patient, the patient's family, or the | 4 | | patient's legal representative about an inadequate or | 5 | | unanticipated treatment or care outcome that is provided within | 6 | | 72 hours of when the provider knew or should have known of the | 7 | | potential cause of such outcome shall not be admissible as | 8 | | evidence in any action of any kind in any court or before any | 9 | | tribunal, board, agency, or person. The disclosure of any such | 10 | | information, whether proper, or improper, shall not waive or | 11 | | have any effect upon its confidentiality or inadmissibility. As | 12 | | used in this Section, a "health care provider" is any hospital, | 13 | | nursing home or other facility, or employee or agent thereof, a | 14 | | physician, or other licensed health care professional. Nothing | 15 | | in this Section precludes the discovery or admissibility of any | 16 | | other facts regarding the patient's treatment or outcome as | 17 | | otherwise permitted by law.
| 18 | | (c) The changes to this Section made by this amendatory Act | 19 | | of the 98th General Assembly apply to causes of action accruing | 20 | | on or after August 25, 2005. | 21 | | (Source: P.A. 97-1145, eff. 1-18-13.)
| 22 | | (735 ILCS 5/8-2501) (from Ch. 110, par. 8-2501)
| 23 | | Sec. 8-2501. Expert Witness Standards. In any case in which | 24 | | the standard of
care applicable to
given by a medical | 25 | | professional
profession is at issue, the court shall apply the
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| 1 | | following standards to determine if a witness qualifies as an | 2 | | expert witness
and can testify on the issue of the appropriate | 3 | | standard of care.
| 4 | | (a) Whether the witness is board certified or board | 5 | | eligible, or has completed a residency, in the same or | 6 | | substantially similar medical specialties as the defendant and | 7 | | is otherwise qualified by significant experience with the | 8 | | standard of care, methods, procedures, and treatments relevant | 9 | | to the allegations against the defendant
Relationship of the | 10 | | medical specialties of the witness to the medical
problem or | 11 | | problems
and the type of treatment administered in the case ;
| 12 | | (b) Whether the witness has devoted
a majority
substantial | 13 | | portion of his or her work
time to the practice of medicine, | 14 | | teaching or University based research
in relation to the | 15 | | medical care and type of treatment at issue which gave
rise to | 16 | | the medical problem of which the plaintiff complains;
| 17 | | (c)
Whether the witness is licensed
in the same profession | 18 | | with the same class of license as the defendant if the | 19 | | defendant is an individual ; and
| 20 | | (d) Whether, in the case against a nonspecialist, the | 21 | | witness can
demonstrate a sufficient familiarity with the | 22 | | standard of care practiced in
this State.
| 23 | | An expert shall provide evidence of active practice, | 24 | | teaching, or engaging in university-based research. If | 25 | | retired, an expert must provide evidence of attendance and | 26 | | completion of continuing education courses for 3 years previous |
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| 1 | | to giving testimony. An expert who has not actively practiced, | 2 | | taught, or been engaged in university-based research, or any | 3 | | combination thereof, during the preceding 5 years may not be | 4 | | qualified as an expert witness.
| 5 | | The changes to this Section made by this amendatory Act of | 6 | | the 98th General Assembly apply to causes of action accruing on | 7 | | or after August 25, 2005.
| 8 | | (Source: P.A. 97-1145, eff. 1-18-13.) | 9 | | Section 10. The Good Samaritan Act is amended by reenacting | 10 | | and changing Section 30 as follows:
| 11 | | (745 ILCS 49/30)
| 12 | | Sec. 30. Free medical clinic; exemption from civil | 13 | | liability for services
performed without compensation. | 14 | | (a) A person licensed under the Medical Practice Act of | 15 | | 1987, a person
licensed to practice the treatment of human | 16 | | ailments in any
other state or territory of the United States, | 17 | | or a health care professional,
including but not limited to an | 18 | | advanced practice nurse, retired physician, physician
| 19 | | assistant, nurse, pharmacist, physical therapist, podiatrist, | 20 | | or social worker
licensed in this State or any other state or | 21 | | territory of the United States,
who, in good faith, provides | 22 | | medical treatment,
diagnosis, or advice as a part of the | 23 | | services of an
established free medical clinic providing care, | 24 | | including but not limited to home visits, without charge to |
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| 1 | | patients
which is limited to care that does not require the | 2 | | services of a
licensed hospital or ambulatory surgical | 3 | | treatment center and who receives
no fee or compensation from | 4 | | that source shall not be liable for civil
damages as a result | 5 | | of his or her acts or omissions in
providing that medical | 6 | | treatment, except for willful or wanton misconduct.
| 7 | | (b) For purposes of this Section, a "free medical clinic" | 8 | | is an
organized community based program providing medical care | 9 | | without
charge to individuals, at which the
care provided does | 10 | | not include an overnight stay in a health-care facility.
| 11 | | (c) The provisions of subsection (a) of this Section do not | 12 | | apply to a
particular case unless the free medical
clinic has | 13 | | posted in a conspicuous place on its premises an explanation of | 14 | | the
exemption from civil liability provided herein.
| 15 | | (d) The immunity from civil damages provided under | 16 | | subsection (a) also
applies to physicians, retired physicians,
| 17 | | hospitals, and other health care providers that provide
further | 18 | | medical treatment, diagnosis, or advice, including but not | 19 | | limited to hospitalization, office visits, and home visits, to | 20 | | a patient upon referral from
an established free medical clinic | 21 | | without fee or compensation.
| 22 | | (d-5) A free medical clinic may receive reimbursement from | 23 | | the Illinois
Department of Public Aid, provided any | 24 | | reimbursements shall be used only to pay
overhead expenses of | 25 | | operating the free medical clinic and may not be used, in
whole | 26 | | or in
part, to provide a fee or other compensation to any |
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| 1 | | person licensed under the
Medical
Practice Act of 1987 or any | 2 | | other health care professional
who is receiving an exemption | 3 | | under this Section. Any health care professional receiving an | 4 | | exemption under this Section may not receive any fee or other | 5 | | compensation in connection with any services provided to, or | 6 | | any ownership interest in, the clinic. Medical care shall
not | 7 | | include
an overnight stay in a health care
facility. | 8 | | (e) Nothing in this Section prohibits a free medical clinic | 9 | | from accepting
voluntary contributions for medical services | 10 | | provided to a patient who has
acknowledged his or her ability | 11 | | and willingness to pay a portion of the value
of the medical | 12 | | services provided.
| 13 | | (f) Any voluntary contribution collected for providing | 14 | | care at a free medical
clinic shall be used only to pay | 15 | | overhead expenses of operating the clinic. No
portion of any | 16 | | moneys collected shall be used to provide a fee or other
| 17 | | compensation to any person licensed under Medical Practice Act | 18 | | of 1987.
| 19 | | (g) The changes to this Section made by Public Act 94-677 | 20 | | and reenacted by this amendatory Act of the 98th 94th General | 21 | | Assembly apply to causes of action
accruing on or after August | 22 | | 25, 2005, as those changes may be amended from time to time its | 23 | | effective date .
| 24 | | (Source: P.A. 94-677, eff. 8-25-05 .)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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