HB5605 101ST GENERAL ASSEMBLY

LRB101 19543 LNS 69017 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5605

Introduced , by Rep. Theresa Mah

SYNOPSIS AS INTRODUCED:

745 ILCS 49/30

Amends the Good Samaritan Act. Changes the definition of "free medical clinic". Provides that the immunity from civil damages applies to the free clinic entity itself. Provides that a free medical clinic may receive reimbursement from the Department of Public Aid only if any reimbursements are used to pay overhead expenses of operating the free medical clinic and may not be used to provide a fee or other compensation to any person licensed under the Medical Practice Act of 1987 or any other health care professional who receives an exemption. Provides that any health care professional who receives an exemption may not receive any fee or other compensation in connection with any services provided to, or any ownership interest in, the clinic. Contains applicability provisions.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Good Samaritan Act is amended by changing Section 30 as follows:

(745 ILCS 49/30)

Sec. 30. Free medical clinic; exemption from civil liability for services performed without compensation.

(a) A person licensed under the Medical Practice Act of 1987, a person licensed to practice the treatment of human ailments in any other state or territory of the United States, or a health care professional, including but not limited to an advanced practice registered nurse, retired physician, physician assistant, nurse, pharmacist, physical therapist, podiatric physician, or social worker licensed in this State or any other state or territory of the United States, who, in good faith, provides medical treatment, diagnosis, or advice as a part of the services of an established free medical clinic providing care, including, but not limited to, home visits, without charge to medically indigent patients which is limited to care that does not require the services of a licensed hospital or ambulatory surgical treatment center and who receives no fee or compensation from that source shall not be liable for civil damages as a result of his or her acts or omissions in providing that medical treatment, except for willful or wanton misconduct.

(b) For purposes of this Section, a "free medical clinic" is:

(1) an organized community based program providing medical care without charge to individuals unable to pay for it or for a minimal administrative fee according to the individual's ability to pay, at which the care provided does not include the use of general anesthesia or require an overnight stay in a health-care facility. Any fee collected for providing care at a free medical clinic shall be used only to pay overhead expenses of operating the clinic, including, but not limited to, non-direct service administrative staff salaries; or

(2) (blank). a program organized by a certified local health department pursuant to Part 600 of Title 77 of the Illinois Administrative Code, utilizing health professional members of the Volunteer Medical Reserve Corps (the federal organization under 42 U.S.C. 300hh-15) providing medical care without charge to individuals unable to pay for it, at which the care provided does not include an overnight stay in a health-care facility.

(c) The provisions of subsection (a) of this Section do not apply to a particular case unless the free medical clinic has posted in a conspicuous place on its premises an explanation of the exemption from civil liability provided herein.

(d) The immunity from civil damages provided under subsection (a) also applies to the free clinic entity itself, physicians, retired physicians, hospitals, and other health care providers that provide further medical treatment, diagnosis, or advice, including, but not limited to, hospitalization, office visits, and home visits, to a patient upon referral from an established free medical clinic without fee or compensation.

(d-5) A free medical clinic may receive reimbursement from the Department of Public Aid only if any reimbursements are used to pay overhead expenses of operating the free medical clinic and may not be used, in whole or in part, to provide a fee or other compensation to any person licensed under the Medical Practice Act of 1987 or any other health care professional who receives an exemption under this Section. Any health care professional who receives an exemption under this Section may not receive any fee or other compensation in connection with any services provided to, or any ownership interest in, the clinic. Medical care shall not include an overnight stay in a health care facility.

(e) Nothing in this Section prohibits a free medical clinic from accepting voluntary contributions for medical services provided to a patient who has acknowledged his or her ability and willingness to pay a portion of the value of the medical services provided.

(e-5) Any voluntary contribution collected for providing care at a free medical clinic shall be used only to pay overhead expenses of operating the clinic, including, but not limited to, non-direct service administrative staff salaries. No portion of any moneys collected shall be used to provide a fee or other compensation to any person licensed under Medical Practice Act of 1987.

(f) The changes to this Section made by this amendatory Act of the 99th General Assembly apply only to causes of action accruing on or after the effective date of this amendatory Act of the 99th General Assembly. The changes made this to Section by this amendatory Act of the 101st General Assembly apply to causes of action accruing on or after August 25, 2005.

(Source: P.A. 99-42, eff. 1-1-16; 100-513, eff. 1-1-18.)