(210 ILCS 85/10.8)
Requirements for employment of physicians.
(a) Physician employment by hospitals and hospital affiliates. Employing
employ physicians to practice medicine in all of its branches provided that the
requirements are met:
(1) The employed physician is a member of the medical
staff of either the hospital or hospital affiliate. If a hospital affiliate decides to have a medical staff, its medical staff shall be organized in accordance with written bylaws where the affiliate medical staff is responsible for making recommendations to the governing body of the affiliate regarding all quality assurance activities and safeguarding professional autonomy. The affiliate medical staff bylaws may not be unilaterally changed by the governing body of the affiliate. Nothing in this Section requires hospital affiliates to have a medical staff.
(2) Independent physicians, who are not employed by
an employing entity, periodically review the quality of the medical services provided by the employed physician to continuously improve patient care.
(3) The employing entity and the employed physician
sign a statement acknowledging that the employer shall not unreasonably exercise control, direct, or interfere with the employed physician's exercise and execution of his or her professional judgment in a manner that adversely affects the employed physician's ability to provide quality care to patients. This signed statement shall take the form of a provision in the physician's employment contract or a separate signed document from the employing entity to the employed physician. This statement shall state: "As the employer of a physician, (employer's name) shall not unreasonably exercise control, direct, or interfere with the employed physician's exercise and execution of his or her professional judgment in a manner that adversely affects the employed physician's ability to provide quality care to patients."
(4) The employing entity shall establish a mutually
agreed upon independent review process with criteria under which an employed physician may seek review of the alleged violation of this Section by physicians who are not employed by the employing entity. The affiliate may arrange with the hospital medical staff to conduct these reviews. The independent physicians shall make findings and recommendations to the employing entity and the employed physician within 30 days of the conclusion of the gathering of the relevant information.
(b) Definitions. For the purpose of this Section:
"Employing entity" means a hospital licensed under the Hospital Licensing Act
or a hospital
"Employed physician" means a physician who receives an IRS W-2 form, or any
federal income tax form, from an employing entity.
"Hospital" means a hospital licensed under the Hospital Licensing Act, except
county hospitals as defined in subsection (c) of Section 15-1 of the Illinois Public Aid
"Hospital affiliate" means a corporation, partnership, joint venture, limited
or similar organization, other than a hospital, that is devoted primarily to
the provision, management,
or support of health care services and that directly or indirectly controls, is
controlled by, or is under
common control of the hospital. "Control" means having at least an equal or a
or membership interest. A hospital affiliate shall be 100% owned or controlled
by any combination
of hospitals, their parent corporations, or physicians licensed to practice
medicine in all its branches
"Hospital affiliate" does not include a health maintenance
organization regulated under the Health Maintenance
"Physician" means an individual licensed to practice medicine in all its
branches in Illinois.
"Professional judgment" means the exercise of a physician's independent
in providing medically appropriate diagnoses, care, and treatment to a
particular patient at a
particular time. Situations in which an employing entity does not interfere
with an employed
physician's professional judgment include, without limitation, the following:
(1) practice restrictions based upon peer review of
the physician's clinical practice to assess quality of care and utilization of resources in accordance with applicable bylaws;
(2) supervision of physicians by appropriately
licensed medical directors, medical school faculty, department chairpersons or directors, or supervising physicians;
(3) written statements of ethical or religious
(4) reasonable referral restrictions that do not,
in the reasonable professional judgment of the physician, adversely affect the health or welfare of the patient.
(c) Private enforcement. An employed physician aggrieved by a violation of
this Act may
seek to obtain an injunction or reinstatement of employment with the employing
entity as the court
may deem appropriate. Nothing in this Section limits or abrogates any common
law cause of action.
Nothing in this Section shall be deemed to alter the law of negligence.
(d) Department enforcement. The Department may enforce the provisions of
but nothing in this Section shall require or permit the Department to license,
certify, or otherwise
investigate the activities of a
hospital affiliate not otherwise required to be licensed by the
(e) Retaliation prohibited. No employing entity shall retaliate against any
physician for requesting a hearing or review under this Section.
No action may be taken that
the ability of a physician to practice during this review, except in
where the medical staff bylaws authorize summary suspension.
(f) Physician collaboration. No employing entity shall adopt or enforce,
either formally or
informally, any policy, rule, regulation, or practice inconsistent with
the provision of adequate
collaboration, including medical direction of licensed advanced practice registered
nurses or supervision
of licensed physician assistants and delegation to other personnel under
Section 54.5 of the Medical
Practice Act of 1987.
(g) Physician disciplinary actions. Nothing in this Section shall be
construed to limit or
prohibit the governing body of an employing entity or its medical staff, if
any, from taking
disciplinary actions against a physician as permitted by law.
(h) Physician review. Nothing in this Section shall be construed to prohibit
a hospital or
hospital affiliate from making a determination not to pay for a particular
health care service or to
prohibit a medical group, independent practice association, hospital medical
staff, or hospital
governing body from enforcing reasonable peer review or utilization review
protocols or determining
whether the employed physician complied with those protocols.
(i) Review. Nothing in this Section may be used or construed to establish
that any activity
of a hospital or hospital affiliate is subject to review under the Illinois
Health Facilities Planning Act.
(j) Rules. The Department shall adopt any
rules necessary to
implement this Section.
(Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18