Sen. David Luechtefeld
Filed: 7/23/2004
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1 | AMENDMENT TO HOUSE BILL 1191
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2 | AMENDMENT NO. ______. Amend House Bill 1191 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "ARTICLE 1. FINDINGS | ||||||
5 | Section 101. Findings. The General Assembly finds as | ||||||
6 | follows: | ||||||
7 | (1) The increasing cost of medical malpractice insurance | ||||||
8 | results in increased financial burdens on physicians and | ||||||
9 | hospitals. | ||||||
10 | (2) The increasing cost of medical malpractice insurance in | ||||||
11 | Illinois is believed to have contributed to the reduction of | ||||||
12 | the availability of medical care in portions of the State and | ||||||
13 | is believed to have discouraged some medical students from | ||||||
14 | choosing Illinois as the place they will receive their medical | ||||||
15 | education and practice medicine. | ||||||
16 | (3) The public would benefit from making the services of | ||||||
17 | hospitals and physicians more available. | ||||||
18 | (4) In order to preserve the public health, safety, and | ||||||
19 | welfare of the
people of Illinois, the current medical | ||||||
20 | malpractice situation requires reforms that enhance
the | ||||||
21 | State's oversight of physicians and ability to discipline | ||||||
22 | physicians, that increase the
State's oversight of medical | ||||||
23 | liability insurance carriers, that reduce the number of | ||||||
24 | nonmeritorious healing art malpractice actions, that encourage |
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1 | physicians to provide
voluntary services at free medical | ||||||
2 | clinics, and that encourage physicians and hospitals to
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3 | continue providing health care services in Illinois.
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4 | ARTICLE 2. RISK RETENTION ARRANGEMENTS
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5 | Section 205. The Open Meetings Act is amended by changing | ||||||
6 | Section 2 as follows:
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7 | (5 ILCS 120/2) (from Ch. 102, par. 42)
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8 | Sec. 2. Open meetings.
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9 | (a) Openness required. All meetings of public
bodies shall | ||||||
10 | be open to the public unless excepted in subsection (c)
and | ||||||
11 | closed in accordance with Section 2a.
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12 | (b) Construction of exceptions. The exceptions contained | ||||||
13 | in subsection
(c) are in derogation of the requirement that | ||||||
14 | public bodies
meet in the open, and therefore, the exceptions | ||||||
15 | are to be strictly
construed, extending only to subjects | ||||||
16 | clearly within their scope.
The exceptions authorize but do not | ||||||
17 | require the holding of
a closed meeting to discuss a subject | ||||||
18 | included within an enumerated exception.
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19 | (c) Exceptions. A public body may hold closed meetings to | ||||||
20 | consider the
following subjects:
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21 | (1) The appointment, employment, compensation, | ||||||
22 | discipline, performance,
or dismissal of specific | ||||||
23 | employees of the public body or legal counsel for
the | ||||||
24 | public body, including hearing
testimony on a complaint | ||||||
25 | lodged against an employee of the public body or
against | ||||||
26 | legal counsel for the public body to determine its | ||||||
27 | validity.
| ||||||
28 | (2) Collective negotiating matters between the public | ||||||
29 | body and its
employees or their representatives, or | ||||||
30 | deliberations concerning salary
schedules for one or more | ||||||
31 | classes of employees.
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1 | (3) The selection of a person to fill a public office,
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2 | as defined in this Act, including a vacancy in a public | ||||||
3 | office, when the public
body is given power to appoint | ||||||
4 | under law or ordinance, or the discipline,
performance or | ||||||
5 | removal of the occupant of a public office, when the public | ||||||
6 | body
is given power to remove the occupant under law or | ||||||
7 | ordinance.
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8 | (4) Evidence or testimony presented in open hearing, or | ||||||
9 | in closed
hearing where specifically authorized by law, to
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10 | a quasi-adjudicative body, as defined in this Act, provided | ||||||
11 | that the body
prepares and makes available for public | ||||||
12 | inspection a written decision
setting forth its | ||||||
13 | determinative reasoning.
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14 | (5) The purchase or lease of real property for the use | ||||||
15 | of
the public body, including meetings held for the purpose | ||||||
16 | of discussing
whether a particular parcel should be | ||||||
17 | acquired.
| ||||||
18 | (6) The setting of a price for sale or lease of | ||||||
19 | property owned
by the public body.
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20 | (7) The sale or purchase of securities, investments, or | ||||||
21 | investment
contracts.
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22 | (8) Security procedures and the use of personnel and
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23 | equipment to respond to an actual, a threatened, or a | ||||||
24 | reasonably
potential danger to the safety of employees, | ||||||
25 | students, staff, the public, or
public
property.
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26 | (9) Student disciplinary cases.
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27 | (10) The placement of individual students in special | ||||||
28 | education
programs and other matters relating to | ||||||
29 | individual students.
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30 | (11) Litigation, when an action against, affecting or | ||||||
31 | on behalf of the
particular public body has been filed and | ||||||
32 | is pending before a court or
administrative tribunal, or | ||||||
33 | when the public body finds that an action is
probable or | ||||||
34 | imminent, in which case the basis for the finding shall be
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1 | recorded and entered into the minutes of the closed | ||||||
2 | meeting.
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3 | (12) The establishment of reserves or settlement of | ||||||
4 | claims as provided
in the Local Governmental and | ||||||
5 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
6 | disposition of a claim or potential claim might be
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7 | prejudiced, or the review or discussion of claims, loss or | ||||||
8 | risk management
information, records, data, advice or | ||||||
9 | communications from or with respect
to any insurer of the | ||||||
10 | public body or any intergovernmental risk management
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11 | association or self insurance pool of which the public body | ||||||
12 | is a member.
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13 | (13) Conciliation of complaints of discrimination in | ||||||
14 | the sale or rental
of housing, when closed meetings are | ||||||
15 | authorized by the law or ordinance
prescribing fair housing | ||||||
16 | practices and creating a commission or
administrative | ||||||
17 | agency for their enforcement.
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18 | (14) Informant sources, the hiring or assignment of | ||||||
19 | undercover personnel
or equipment, or ongoing, prior or | ||||||
20 | future criminal investigations, when
discussed by a public | ||||||
21 | body with criminal investigatory responsibilities.
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22 | (15) Professional ethics or performance when | ||||||
23 | considered by an advisory
body appointed to advise a | ||||||
24 | licensing or regulatory agency on matters
germane to the | ||||||
25 | advisory body's field of competence.
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26 | (16) Self evaluation, practices and procedures or | ||||||
27 | professional ethics,
when meeting with a representative of | ||||||
28 | a statewide association of which the
public body is a | ||||||
29 | member.
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30 | (17) The recruitment, credentialing, discipline or | ||||||
31 | formal peer review
of physicians or other
health care | ||||||
32 | professionals for a hospital, or
other institution | ||||||
33 | providing medical care, that is operated by the public | ||||||
34 | body.
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1 | (18) Deliberations for decisions of the Prisoner | ||||||
2 | Review Board.
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3 | (19) Review or discussion of applications received | ||||||
4 | under the
Experimental Organ Transplantation Procedures | ||||||
5 | Act.
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6 | (20) The classification and discussion of matters | ||||||
7 | classified as
confidential or continued confidential by | ||||||
8 | the State Employees Suggestion Award
Board.
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9 | (21) Discussion of minutes of meetings lawfully closed | ||||||
10 | under this Act,
whether for purposes of approval by the | ||||||
11 | body of the minutes or semi-annual
review of the minutes as | ||||||
12 | mandated by Section 2.06.
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13 | (22) Deliberations for decisions of the State
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14 | Emergency Medical Services Disciplinary
Review Board.
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15 | (23) The operation by a municipality of a municipal | ||||||
16 | utility or the
operation of a
municipal power agency or | ||||||
17 | municipal natural gas agency when the
discussion involves | ||||||
18 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
19 | of electricity or natural gas or (ii) the results
or | ||||||
20 | conclusions of load forecast studies.
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21 | (24) Meetings of a residential health care facility | ||||||
22 | resident sexual
assault and death review
team or
the | ||||||
23 | Residential Health Care Facility Resident Sexual Assault | ||||||
24 | and Death Review
Teams Executive
Council under the | ||||||
25 | Residential Health Care Facility Resident Sexual Assault | ||||||
26 | and
Death Review
Team Act.
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27 | (25) The establishment of reserves administration, | ||||||
28 | adjudication, or settlement of claims as provided in | ||||||
29 | Article XLV of the Illinois Insurance Code if otherwise the | ||||||
30 | disposition of a claim or potential claim might be | ||||||
31 | prejudiced, or the review or discussion of claims, loss or | ||||||
32 | risk management information, records, data, advice or | ||||||
33 | communications from or with respect to any self-insurance | ||||||
34 | trust administration or adjudication of any claim, or |
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1 | insurer created by the public body.
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2 | (d) Definitions. For purposes of this Section:
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3 | "Employee" means a person employed by a public body whose | ||||||
4 | relationship
with the public body constitutes an | ||||||
5 | employer-employee relationship under
the usual common law | ||||||
6 | rules, and who is not an independent contractor.
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7 | "Public office" means a position created by or under the
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8 | Constitution or laws of this State, the occupant of which is | ||||||
9 | charged with
the exercise of some portion of the sovereign | ||||||
10 | power of this State. The term
"public office" shall include | ||||||
11 | members of the public body, but it shall not
include | ||||||
12 | organizational positions filled by members thereof, whether
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13 | established by law or by a public body itself, that exist to | ||||||
14 | assist the
body in the conduct of its business.
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15 | "Quasi-adjudicative body" means an administrative body | ||||||
16 | charged by law or
ordinance with the responsibility to conduct | ||||||
17 | hearings, receive evidence or
testimony and make | ||||||
18 | determinations based
thereon, but does not include
local | ||||||
19 | electoral boards when such bodies are considering petition | ||||||
20 | challenges.
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21 | (e) Final action. No final action may be taken at a closed | ||||||
22 | meeting.
Final action shall be preceded by a public recital of | ||||||
23 | the nature of the
matter being considered and other information | ||||||
24 | that will inform the
public of the business being conducted.
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25 | (Source: P.A. 93-57, eff. 7-1-03; 93-79, eff. 7-2-03; 93-422, | ||||||
26 | eff. 8-5-03;
93-577, eff. 8-21-03; revised 9-8-03)
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27 | Section 210. The Counties Code is amended by changing | ||||||
28 | Section 5-1005 and by adding Division 6-34 as follows:
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29 | (55 ILCS 5/5-1005) (from Ch. 34, par. 5-1005)
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30 | Sec. 5-1005. Powers. Each county shall have power:
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31 | 1. To purchase and hold the real and personal estate | ||||||
32 | necessary for the
uses of the county, and to purchase and hold, |
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1 | for the benefit of the
county, real estate sold by virtue of | ||||||
2 | judicial proceedings in which the
county is plaintiff.
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3 | 2. To sell and convey or lease any real or personal estate | ||||||
4 | owned
by the county.
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5 | 3. To make all contracts and do all other acts in relation | ||||||
6 | to the
property and concerns of the county necessary to the | ||||||
7 | exercise of its
corporate powers.
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8 | 4. To take all necessary measures and institute proceedings | ||||||
9 | to
enforce all laws for the prevention of cruelty to animals.
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10 | 5. To purchase and hold or lease real estate upon which may | ||||||
11 | be
erected and maintained buildings to be utilized for purposes | ||||||
12 | of
agricultural experiments and to purchase, hold and use | ||||||
13 | personal property
for the care and maintenance of such real | ||||||
14 | estate in connection with such
experimental purposes.
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15 | 6. To cause to be erected, or otherwise provided, suitable
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16 | buildings for, and maintain a county hospital and necessary | ||||||
17 | branch
hospitals and/or a county sheltered care home or county | ||||||
18 | nursing home for
the care of such sick, chronically ill or | ||||||
19 | infirm persons as may by law
be proper charges upon the county, | ||||||
20 | or upon other governmental units, and
to provide for the | ||||||
21 | management of the same. The county board may
establish rates to | ||||||
22 | be paid by persons seeking care and treatment in such
hospital | ||||||
23 | or home in accordance with their financial ability to meet such
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24 | charges, either personally or through a hospital plan or | ||||||
25 | hospital
insurance, and the rates to be paid by governmental | ||||||
26 | units, including the
State, for the care of sick, chronically | ||||||
27 | ill or infirm persons admitted
therein upon the request of such | ||||||
28 | governmental units. Any hospital
maintained by a county under | ||||||
29 | this Section is authorized to provide any
service and enter | ||||||
30 | into any contract or other arrangement not prohibited for
a | ||||||
31 | hospital that is licensed under the Hospital Licensing Act, | ||||||
32 | incorporated
under the General Not-For-Profit Corporation Act, | ||||||
33 | and exempt from taxation
under paragraph (3) of subsection (c) | ||||||
34 | of Section 501 of the Internal Revenue Code.
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1 | 7. To contribute such sums of money toward erecting, | ||||||
2 | building,
maintaining, and supporting any non-sectarian public | ||||||
3 | hospital located
within its limits as the county board of the | ||||||
4 | county shall deem proper.
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5 | 8. To purchase and hold real estate for the preservation of | ||||||
6 | forests,
prairies and other natural areas and to maintain and | ||||||
7 | regulate the use thereof.
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8 | 9. To purchase and hold real estate for the purpose of | ||||||
9 | preserving
historical spots in the county, to restore, maintain | ||||||
10 | and regulate the
use thereof and to donate any historical spot | ||||||
11 | to the State.
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12 | 10. To appropriate funds from the county treasury to be | ||||||
13 | used in
any manner to be determined by the board for the | ||||||
14 | suppression,
eradication and control of tuberculosis among | ||||||
15 | domestic cattle in such county.
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16 | 11. To take all necessary measures to prevent forest fires | ||||||
17 | and encourage
the maintenance and planting of trees and the | ||||||
18 | preservation of forests.
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19 | 12. To authorize the closing on Saturday mornings of all
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20 | offices of all county officers at the county seat of each | ||||||
21 | county, and to
otherwise regulate and fix the days and the | ||||||
22 | hours of opening and closing
of such offices, except when the | ||||||
23 | days and the hours of opening and
closing of the office of any | ||||||
24 | county officer are otherwise fixed by law;
but the power herein | ||||||
25 | conferred shall not apply to the office of State's
Attorney and | ||||||
26 | the offices of judges and clerks of courts and, in counties of
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27 | 500,000 or more population, the offices of county clerk.
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28 | 13. To provide for the conservation, preservation and
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29 | propagation of insectivorous birds through the expenditure of | ||||||
30 | funds
provided for such purpose.
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31 | 14. To appropriate funds from the county treasury and | ||||||
32 | expend
the same for care and treatment of tuberculosis | ||||||
33 | residents.
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34 | 15. In counties having less than 1,000,000 inhabitants, to
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1 | take all necessary or proper steps for the extermination of | ||||||
2 | mosquitoes,
flies or other insects within the county.
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3 | 16. To install an adequate system of accounts and financial
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4 | records in the offices and divisions of the county, suitable to | ||||||
5 | the
needs of the office and in accordance with generally | ||||||
6 | accepted principles
of accounting for governmental bodies, | ||||||
7 | which system may include such
reports as the county board may | ||||||
8 | determine.
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9 | 17. To purchase and hold real estate for the construction | ||||||
10 | and
maintenance of motor vehicle parking facilities for persons | ||||||
11 | using county
buildings, but the purchase and use of such real | ||||||
12 | estate shall not be for
revenue producing purposes.
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13 | 18. To acquire and hold title to real property located | ||||||
14 | within
the county, or partly within and partly outside the | ||||||
15 | county by
dedication, purchase, gift, legacy or lease, for park | ||||||
16 | and recreational
purposes and to charge reasonable fees for the | ||||||
17 | use of or admission to
any such park or recreational area and | ||||||
18 | to provide police protection for
such park or recreational | ||||||
19 | area. Personnel employed to provide such
police protection | ||||||
20 | shall be conservators of the peace within such park or
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21 | recreational area and shall have power to make arrests on view | ||||||
22 | of the
offense or upon warrants for violation of any of the | ||||||
23 | ordinances
governing such park or recreational area or for any | ||||||
24 | breach of the peace
in the same manner as the police in | ||||||
25 | municipalities organized and
existing under the general laws of | ||||||
26 | the State. All such real property outside
the county shall be | ||||||
27 | contiguous to the county and within the boundaries of
the State | ||||||
28 | of Illinois.
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29 | 19. To appropriate funds from the county treasury to be | ||||||
30 | used
to provide supportive social services designed to prevent | ||||||
31 | the unnecessary
institutionalization of elderly residents, or, | ||||||
32 | for operation of, and
equipment for, senior citizen centers | ||||||
33 | providing social services to elderly
residents.
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34 | 20. To appropriate funds from the county treasury and loan |
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1 | such funds
to a county water commission created under the | ||||||
2 | "Water Commission Act",
approved June 30, 1984, as now or | ||||||
3 | hereafter amended, in such amounts and
upon such terms as the | ||||||
4 | county may determine or the county and the
commission may | ||||||
5 | agree. The county shall not under any circumstances be
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6 | obligated to make such loans. The county shall not be required | ||||||
7 | to charge
interest on any such loans.
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8 | 21. To establish an independent entity to administer a | ||||||
9 | medical care risk retention trust program, to contribute such | ||||||
10 | sums of money to the risk retention trust program as the county | ||||||
11 | board of the county shall deem proper to operate the medical | ||||||
12 | care risk retention trust program, to establish uniform | ||||||
13 | eligibility requirements for participation in the risk | ||||||
14 | retention trust program, to appoint an administrator of the | ||||||
15 | risk retention trust program, to charge premiums, to establish | ||||||
16 | a billing procedure to collect premiums, and to ensure timely | ||||||
17 | administration and adjudication of claims under the program. A | ||||||
18 | single medical care risk retention trust program may be | ||||||
19 | established jointly by more than one county, in accordance with | ||||||
20 | an agreement between the participating counties, if at least | ||||||
21 | one of the participating counties has a population of 200,000 | ||||||
22 | or more according to the most recent federal decennial census.
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23 | All contracts for the purchase of coal under this Section | ||||||
24 | shall be
subject to the provisions of "An Act concerning the | ||||||
25 | use of Illinois mined
coal in certain plants and institutions", | ||||||
26 | filed July 13, 1937, as amended.
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27 | (Source: P.A. 86-962; 86-1028.)
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28 | (55 ILCS 5/Div. 6-34 heading new) | ||||||
29 | Division 6-34. Funding for health care financing programs
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30 | (55 ILCS 5/6-34001 new)
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31 | Sec. 6-34001. Authorization. The county board of any county | ||||||
32 | with a population of 200,000 or more according to the most |
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1 | recent federal decennial census (and a county with a population | ||||||
2 | of less than 200,000 according to the most recent federal | ||||||
3 | decennial census if that county is participating in a single | ||||||
4 | trust program with one or more other counties in accordance | ||||||
5 | with the requirements of paragraph (21) of Section 5-1005 of | ||||||
6 | this Code) may, upon finding such action necessary for | ||||||
7 | protection of the public health, safety, and welfare, incur an | ||||||
8 | indebtedness by the establishment of lines or letters of credit | ||||||
9 | or issue general obligation or revenue bonds for the purpose of | ||||||
10 | ensuring the availability of and improving hospital, medical, | ||||||
11 | and health services as authorized under paragraph (21) of | ||||||
12 | Section 5-1005 of this Code. | ||||||
13 | (55 ILCS 5/6-34002 new)
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14 | Sec. 6-34002. Bonds. The bonds authorized in Section | ||||||
15 | 6-34001 shall be issued in such denominations, be for such term | ||||||
16 | or terms, and bear interest at such rate as may be specified in | ||||||
17 | the resolution of the county board authorizing the issuance of | ||||||
18 | those bonds. | ||||||
19 | Section 215. The Illinois Insurance Code is amended by | ||||||
20 | adding Article XLV as follows:
| ||||||
21 | (215 ILCS 5/Art. XLV heading new) | ||||||
22 | Article XLV. COUNTY RISK RETENTION ARRANGEMENTS
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23 | FOR THE PROVISION OF MEDICAL MALPRACTICE INSURANCE
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24 | (215 ILCS 5/1501 new)
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25 | Sec. 1501. Scope of Article. This Article applies only to | ||||||
26 | trusts sponsored by counties and organized under this Article | ||||||
27 | to provide medical malpractice insurance authorized under | ||||||
28 | paragraph (21) of Section 5-1005 of the Counties Code for | ||||||
29 | physicians and health care professionals providing medical | ||||||
30 | care and health care within the county's limits. In the case of |
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1 | a single trust sponsored and organized by more than one county | ||||||
2 | in accordance with the requirements of paragraph (21) of | ||||||
3 | Section 5-1005 of the Counties Code, the powers and duties of a | ||||||
4 | county under this Article shall be exercised jointly by the | ||||||
5 | counties participating in the trust program in accordance with | ||||||
6 | the agreement between the counties. | ||||||
7 | (215 ILCS 5/1502 new)
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8 | Sec. 1502. Definitions. As used in this Article:
| ||||||
9 | "Risk retention trust" or "trust" means a risk retention | ||||||
10 | trust created under this Article.
| ||||||
11 | "Trust sponsor" means a county that has created a risk | ||||||
12 | retention trust. | ||||||
13 | "Pool retention fund" means a separate fund maintained for | ||||||
14 | payment of first dollar claims, up to a specified amount per | ||||||
15 | claim ("specific retention") and up to an aggregate amount for | ||||||
16 | a 12-month period ("aggregate retention"). | ||||||
17 | "Contingency reserve fund" means a separate fund | ||||||
18 | maintained for payment of claims in excess of the pool | ||||||
19 | retention fund amount. | ||||||
20 | "Coverage grant" means the document describing specific | ||||||
21 | coverages and terms of coverage that are provided by a risk | ||||||
22 | retention trust created under this Article. | ||||||
23 | "Licensed service company" means an entity licensed by the | ||||||
24 | Department to perform claims adjusting, loss control,
and data | ||||||
25 | processing.
| ||||||
26 | (215 ILCS 5/1503 new)
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27 | Sec. 1503. Name. The corporate name of any risk retention | ||||||
28 | trust shall not be the same as or deceptively similar to the | ||||||
29 | name of any domestic insurance company or of any foreign or | ||||||
30 | alien insurance company authorized to transact business in this | ||||||
31 | State. |
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1 | (215 ILCS 5/1504 new)
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2 | Sec. 1504. Principal office place of business. The | ||||||
3 | principal office of any risk retention trust shall be located | ||||||
4 | in this State. | ||||||
5 | (215 ILCS 5/1505 new)
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6 | Sec. 1505. Creation. | ||||||
7 | (1) Any county with a population of 200,000 or more | ||||||
8 | according to the most recent federal decennial census may | ||||||
9 | create a risk retention trust for the pooling of risks to | ||||||
10 | provide professional liability coverage authorized under | ||||||
11 | paragraph (21) of Section 5-1005 of the Counties Code for its | ||||||
12 | physicians and health care professionals providing medical | ||||||
13 | care and related health care within the county's limits. A | ||||||
14 | single risk retention trust may also be created jointly by more | ||||||
15 | than one county in accordance with the requirements of | ||||||
16 | paragraph (21) of Section 5-1005 of the Counties Code. A trust | ||||||
17 | shall be administered by at least 3 trustees who may be | ||||||
18 | individuals or corporate trustees and are appointed by the | ||||||
19 | trust sponsor and who represent physicians who have agreed in | ||||||
20 | writing to participate in the trust. | ||||||
21 | (2) The trustees shall appoint a qualified licensed | ||||||
22 | administrator who shall administer the affairs of the risk | ||||||
23 | retention trust. | ||||||
24 | (3) The trustees shall retain a licensed service company to | ||||||
25 | perform claims adjusting, loss control, and data processing and | ||||||
26 | any other delegated administrative duties. | ||||||
27 | (4) The trust sponsor, the trustees, and the trust | ||||||
28 | administrator shall be fiduciaries of the trust. | ||||||
29 | (5) A trust shall be consummated by a written trust | ||||||
30 | agreement and shall be subject to the laws of this State | ||||||
31 | governing the creation and operation of trusts, to the extent | ||||||
32 | not inconsistent with this Article. |
| |||||||
| |||||||
1 | (215 ILCS 5/1506 new) | ||||||
2 | Sec. 1506. Participation. | ||||||
3 | (1) A physician or health care professional providing | ||||||
4 | medical care and related health care within the county's limits | ||||||
5 | may participate in a risk retention trust if the physician or | ||||||
6 | health care professional: | ||||||
7 | (a) meets the underwriting standards for acceptance | ||||||
8 | into the trust;
| ||||||
9 | (b) files a written application for coverage, agreeing | ||||||
10 | to meet all of the membership conditions of the trust;
| ||||||
11 | (c) provides medical care and related health care in | ||||||
12 | the county sponsoring the trust;
| ||||||
13 | (d) agrees to meet the ongoing loss control provisions | ||||||
14 | and risk pooling arrangements set forth by the trust;
| ||||||
15 | (e) pays premium contributions on a timely basis as | ||||||
16 | required; and
| ||||||
17 | (f) pays predetermined annual required contributions | ||||||
18 | into the contingency reserve fund.
| ||||||
19 | (2) A physician or health care professional accepted for | ||||||
20 | trust membership and participating in the trust is liable for | ||||||
21 | payment to the trust of the amount of his or her annual premium | ||||||
22 | contribution and his or her annual predetermined contingency | ||||||
23 | reserve fund contribution.
| ||||||
24 | (215 ILCS 5/1507 new) | ||||||
25 | Sec. 1507. Coverage grants; payment of claims. | ||||||
26 | (1) A risk retention trust may not issue coverage grants | ||||||
27 | until it has established a contingency reserve fund in an | ||||||
28 | amount deemed appropriate by the trust and filed with the | ||||||
29 | Department of Insurance. A risk retention trust must have and | ||||||
30 | at all times maintain a pool retention fund or a line or letter | ||||||
31 | of credit at least equal to its unpaid liabilities as | ||||||
32 | determined by an independent actuary. | ||||||
33 | (2) Every coverage grant issued or delivered in this State |
| |||||||
| |||||||
1 | by a risk retention trust shall provide for the extent of the | ||||||
2 | liability of trust members to the extent that funds are needed | ||||||
3 | to pay a member's share of the depleted contingency reserve | ||||||
4 | fund needed to maintain the reserves required by this Section.
| ||||||
5 | (3) All claims shall be paid first from the pool retention | ||||||
6 | fund. If that fund becomes depleted, any additional claims | ||||||
7 | shall be paid from the contingency reserve fund.
| ||||||
8 | (215 ILCS 5/1508 new) | ||||||
9 | Sec. 1508. Applicable Illinois Insurance Code provisions. | ||||||
10 | Other than this Article, only Sections 155.19, 155.20, and | ||||||
11 | 155.25 and subsections (a) through (c) of Section 155.18 of | ||||||
12 | this Code shall apply to county risk retention trusts. The | ||||||
13 | Director shall advise the county board of any determinations | ||||||
14 | made pursuant to subsection (b) of Section 155.18 of this Code. | ||||||
15 | (215 ILCS 5/1509 new) | ||||||
16 | Sec. 1509. Authorized investments. In addition to other | ||||||
17 | investments authorized by law, a risk retention trust with | ||||||
18 | assets of at least $5,000,000 may invest in any combination of | ||||||
19 | the following: | ||||||
20 | (1) the common stocks listed on a recognized exchange | ||||||
21 | or market;
| ||||||
22 | (2) stock and convertible debt investments, or | ||||||
23 | investment grade corporate bonds, in or issued by any | ||||||
24 | corporation, the book value of which may not exceed 5% of | ||||||
25 | the total intergovernmental risk management entity's | ||||||
26 | investment account at book value in which those securities | ||||||
27 | are held, determined as of the date of the investment, | ||||||
28 | provided that investments in the stock of any one | ||||||
29 | corporation may not exceed 5% of the total outstanding | ||||||
30 | stock of the corporation and that the investments in the | ||||||
31 | convertible debt of any one corporation may not exceed 5% | ||||||
32 | of the total amount of such debt that may be outstanding;
|
| |||||||
| |||||||
1 | (3) the straight preferred stocks or convertible | ||||||
2 | preferred stocks and convertible debt securities issued or | ||||||
3 | guaranteed by a corporation whose common stock is listed on | ||||||
4 | a recognized exchange or market;
| ||||||
5 | (4) mutual funds or commingled funds that meet the | ||||||
6 | following requirements:
| ||||||
7 | (A) the mutual fund or commingled fund is managed | ||||||
8 | by an investment company as defined in and registered | ||||||
9 | under the federal Investment Company Act of 1940 and | ||||||
10 | registered under the Illinois Securities Law of 1953 or | ||||||
11 | an investment adviser as defined under the federal | ||||||
12 | Investment Advisers Act of 1940;
| ||||||
13 | (B) the mutual fund has been in operation for at | ||||||
14 | least 5 years; and
| ||||||
15 | (C) the mutual fund has total net assets of | ||||||
16 | $150,000,000 or more;
| ||||||
17 | (5) commercial grade real estate located in the State | ||||||
18 | of Illinois. | ||||||
19 | Any investment adviser retained by a trust must be a | ||||||
20 | fiduciary who has the power to manage, acquire, or dispose of | ||||||
21 | any asset of the trust and has acknowledged in writing that he | ||||||
22 | or she is a fiduciary with respect to the trust and that he or | ||||||
23 | she will adhere to all of the guidelines of the trust and is | ||||||
24 | one or more of the following:
| ||||||
25 | (i) registered as an investment adviser under the | ||||||
26 | federal Investment Advisers Act of 1940;
| ||||||
27 | (ii) registered as an investment adviser under the | ||||||
28 | Illinois Securities Law of 1953;
| ||||||
29 | (iii) a bank as defined in the federal Investment | ||||||
30 | Advisers Act of 1940;
| ||||||
31 | (iv) an insurance company authorized to transact | ||||||
32 | business in this State.
| ||||||
33 | Nothing in this Section shall be construed to authorize a | ||||||
34 | risk retention trust to accept the deposit of public funds |
| |||||||
| |||||||
1 | except for trust risk retention purposes.
| ||||||
2 | ARTICLE 3. AMENDATORY PROVISIONS
| ||||||
3 | Section 310. The Illinois Insurance Code is amended by | ||||||
4 | changing Sections 155.18, 155.19, 402, and 1204 and by adding | ||||||
5 | Section 155.18a as follows:
| ||||||
6 | (215 ILCS 5/155.18) (from Ch. 73, par. 767.18)
| ||||||
7 | Sec. 155.18. (a) This Section shall apply to insurance on | ||||||
8 | risks based
upon negligence by a physician, hospital or other | ||||||
9 | health care provider,
referred to herein as medical liability | ||||||
10 | insurance. This Section shall not
apply to contracts of | ||||||
11 | reinsurance, nor to any farm, county, district or
township | ||||||
12 | mutual insurance company transacting business under an Act | ||||||
13 | entitled
"An Act relating to local mutual district, county and | ||||||
14 | township insurance
companies", approved March 13, 1936, as now | ||||||
15 | or hereafter amended, nor to
any such company operating under a | ||||||
16 | special charter.
| ||||||
17 | (b) The following standards shall apply to the making and | ||||||
18 | use of rates
pertaining to all classes of medical liability | ||||||
19 | insurance:
| ||||||
20 | (1) Rates shall not be excessive or inadequate, as | ||||||
21 | herein defined, nor
shall they be unfairly discriminatory. | ||||||
22 | No rate shall be held to be excessive
unless such rate is | ||||||
23 | unreasonably high for the insurance provided , and a
| ||||||
24 | reasonable degree of competition does not exist in the area | ||||||
25 | with respect
to the classification to which such rate is | ||||||
26 | applicable .
| ||||||
27 | No rate shall be held inadequate unless it is | ||||||
28 | unreasonably low for the
insurance provided and continued | ||||||
29 | use of it would endanger solvency of the company .
| ||||||
30 | (2) Consideration shall be given, to the extent | ||||||
31 | applicable, to past and
prospective loss experience within |
| |||||||
| |||||||
1 | and outside this State, to a reasonable
margin for | ||||||
2 | underwriting profit and contingencies, to past and | ||||||
3 | prospective
expenses both countrywide and those especially | ||||||
4 | applicable to this State,
and to all other factors, | ||||||
5 | including judgment factors, deemed relevant within
and | ||||||
6 | outside this State.
| ||||||
7 | Consideration may also be given in the making and use | ||||||
8 | of rates to dividends,
savings or unabsorbed premium | ||||||
9 | deposits allowed or returned by companies
to their | ||||||
10 | policyholders, members or subscribers.
| ||||||
11 | (3) The systems of expense provisions included in the | ||||||
12 | rates for use by
any company or group of companies may | ||||||
13 | differ from those of other companies
or groups of companies | ||||||
14 | to reflect the operating methods of any such company
or | ||||||
15 | group with respect to any kind of insurance, or with | ||||||
16 | respect to any subdivision
or combination thereof.
| ||||||
17 | (4) Risks may be grouped by classifications for the | ||||||
18 | establishment of rates
and minimum premiums. | ||||||
19 | Classification rates may be modified to produce
rates for | ||||||
20 | individual risks in accordance with rating plans which | ||||||
21 | establish
standards for measuring variations in hazards or | ||||||
22 | expense provisions, or
both. Such standards may measure any | ||||||
23 | difference among risks that have a
probable effect upon | ||||||
24 | losses or expenses. Such classifications or modifications
| ||||||
25 | of classifications of risks may be established based upon | ||||||
26 | size, expense,
management, individual experience, location | ||||||
27 | or dispersion of hazard, or
any other reasonable | ||||||
28 | considerations and shall apply to all risks under the
same | ||||||
29 | or substantially the same circumstances or conditions.
The | ||||||
30 | rate for
an established classification should be related | ||||||
31 | generally to the anticipated
loss and expense factors of | ||||||
32 | the class.
| ||||||
33 | (c) Every company writing medical liability insurance | ||||||
34 | shall file with
the Director of Insurance the rates and rating |
| |||||||
| |||||||
1 | schedules it uses for medical
liability insurance.
| ||||||
2 | (1) This filing shall occur upon a company's | ||||||
3 | commencement of medical liability insurance business in | ||||||
4 | this State
at least annually
and thereafter as often as the | ||||||
5 | rates
are changed or amended.
| ||||||
6 | (2) For the purposes of this Section , any change in | ||||||
7 | premium to the company's
insureds as a result of a change | ||||||
8 | in the company's base rates or a change
in its increased | ||||||
9 | limits factors shall constitute a change in rates and shall
| ||||||
10 | require a filing with the Director.
| ||||||
11 | (3) It shall be certified in such filing by an officer | ||||||
12 | of the company
and a qualified actuary that the company's | ||||||
13 | rates
are based on sound actuarial
principles and are not | ||||||
14 | inconsistent with the company's experience.
| ||||||
15 | (d) If , after an administrative
a hearing pursuant to | ||||||
16 | subsection (c) of Section 401 of this Code, the Director finds:
| ||||||
17 | (1) that any rate, rating plan or rating system | ||||||
18 | violates the provisions
of this Section applicable to it, | ||||||
19 | he shall
may issue an order to the company which
has been | ||||||
20 | the subject of the hearing specifying in what respects such | ||||||
21 | violation
exists and may prohibit
stating when, within a | ||||||
22 | reasonable period of time, the further
use of such rate or | ||||||
23 | rating system by such company in contracts of insurance
| ||||||
24 | made thereafter shall be prohibited ;
| ||||||
25 | (2) that the violation of any of the provisions of this | ||||||
26 | Section applicable
to it by any company which has been the | ||||||
27 | subject of the hearing was wilful or that any company has | ||||||
28 | repeatedly violated any provision of this Section , he
may | ||||||
29 | take either or both of the following actions: | ||||||
30 | (A) Suspend
suspend or revoke, in whole or in part, | ||||||
31 | the certificate of authority
of such company with | ||||||
32 | respect to the class of insurance which has been the
| ||||||
33 | subject of the hearing.
| ||||||
34 | (B) Impose a penalty of up to $1,000 against the |
| |||||||
| |||||||
1 | company for each violation. Each day during which a | ||||||
2 | violation occurs constitutes a separate violation.
| ||||||
3 | (e) Every company writing medical liability insurance in | ||||||
4 | this State shall offer to each of its medical liability | ||||||
5 | insureds the option to make premium payments in at least | ||||||
6 | quarterly installments as prescribed by and filed with the | ||||||
7 | Director. This offer shall be included in the initial offer or | ||||||
8 | in the first policy renewal occurring after the effective date | ||||||
9 | of this amendatory Act of the 93rd General Assembly, but no | ||||||
10 | earlier than January 1, 2005.
| ||||||
11 | (f) Every company writing medical liability insurance is | ||||||
12 | encouraged, but not required, to offer the opportunity for | ||||||
13 | participation in a plan offering deductibles to its medical | ||||||
14 | liability insureds. Any plan to offer deductibles shall be | ||||||
15 | filed with the Department of Insurance. | ||||||
16 | (g) Medical liability insurers are encouraged, but not | ||||||
17 | required, to offer the opportunity for participation in a plan | ||||||
18 | providing premium discounts for participation in risk | ||||||
19 | management activities to its medical liability insureds. Any | ||||||
20 | such plan shall be filed with the Department.
| ||||||
21 | (Source: P.A. 79-1434.)
| ||||||
22 | (215 ILCS 5/155.18a new) | ||||||
23 | Sec. 155.18a. Professional Liability Insurance Resource | ||||||
24 | Center. The Director of Insurance shall establish a | ||||||
25 | Professional Liability Insurance Resource Center on the World | ||||||
26 | Wide Web containing the names and telephone numbers of all | ||||||
27 | licensed companies providing medical liability insurance and | ||||||
28 | producers who sell medical liability insurance. Each company | ||||||
29 | and producer shall submit the information to the Department on | ||||||
30 | or before September 30 of each year in order to be listed on | ||||||
31 | the website. The Department is under no obligation to list a | ||||||
32 | company or producer on the website. Hyperlinks to company | ||||||
33 | websites shall be included, if available. The publication of |
| |||||||
| |||||||
1 | the information on the Department's website shall commence on | ||||||
2 | January 1, 2005. The Department shall update the information on | ||||||
3 | the Professional Liability Insurance Resource Center at least | ||||||
4 | annually.
| ||||||
5 | (215 ILCS 5/155.19) (from Ch. 73, par. 767.19)
| ||||||
6 | Sec. 155.19. All claims filed after December 31, 1976 with | ||||||
7 | any insurer
and all suits filed after December 31, 1976 in any | ||||||
8 | court in this State,
alleging liability on the part of any | ||||||
9 | physician, hospital or other health
care provider for medically | ||||||
10 | related injuries, shall be reported to the Director
of | ||||||
11 | Insurance in such form and under such terms and conditions as | ||||||
12 | may be
prescribed by the Director. Notwithstanding any other | ||||||
13 | provision of law to the contrary, any insurer, stop loss | ||||||
14 | insurer, captive insurer, risk retention group, county risk | ||||||
15 | retention trust, religious or charitable risk pooling trust, | ||||||
16 | surplus line insurer, or other entity authorized or permitted | ||||||
17 | by law to provide medical liability insurance in this State | ||||||
18 | shall report to the Director,
in such form and under such terms | ||||||
19 | and conditions as may be
prescribed by the Director, all claims | ||||||
20 | filed
after December 31, 2004 and all suits filed
after | ||||||
21 | December 31, 2004 in any court in this State alleging liability | ||||||
22 | on the part of any physician, hospital, or health
care provider | ||||||
23 | for medically-related injuries. Each clerk of the circuit court | ||||||
24 | shall provide to the Director such information as the Director | ||||||
25 | may deem necessary to verify the accuracy and completeness of | ||||||
26 | reports made to the Director under this Section. The Director | ||||||
27 | shall maintain complete and accurate
records of all such claims | ||||||
28 | and suits including their nature, amount, disposition
and other | ||||||
29 | information as he may deem useful or desirable in observing and
| ||||||
30 | reporting on health care provider liability trends in this | ||||||
31 | State. The Director
shall release to appropriate disciplinary | ||||||
32 | and licensing agencies any such
data or information which may | ||||||
33 | assist such agencies in
improving the quality of health care or |
| |||||||
| |||||||
1 | which may be useful to such agencies
for the purpose of | ||||||
2 | professional discipline.
| ||||||
3 | With due regard for appropriate maintenance of the | ||||||
4 | confidentiality thereof,
the Director shall
may release , on an | ||||||
5 | annual basis,
from time to time to the Governor, the General
| ||||||
6 | Assembly and the general public statistical reports based on | ||||||
7 | such data and information.
| ||||||
8 | If the Director finds that any entity required to report | ||||||
9 | information in its possession under this Section has violated | ||||||
10 | any provision of this Section by filing late, incomplete, or | ||||||
11 | inaccurate reports, the Director may fine the entity up to | ||||||
12 | $1,000 for each offense. Each day during which a violation | ||||||
13 | occurs constitutes a separate offense.
| ||||||
14 | The Director may promulgate such rules and regulations as | ||||||
15 | may be necessary
to carry out the provisions of this Section.
| ||||||
16 | (Source: P.A. 79-1434.)
| ||||||
17 | (215 ILCS 5/402) (from Ch. 73, par. 1014)
| ||||||
18 | Sec. 402. Examinations, investigations and hearings. (1) | ||||||
19 | All examinations, investigations and hearings provided for by | ||||||
20 | this
Code may be conducted either by the Director personally, | ||||||
21 | or by one or more
of the actuaries, technical advisors, | ||||||
22 | deputies, supervisors or examiners
employed or retained by the | ||||||
23 | Department and designated by the Director for
such purpose. | ||||||
24 | When necessary to supplement its examination procedures, the
| ||||||
25 | Department may retain independent actuaries deemed competent | ||||||
26 | by the
Director, independent certified public accountants, or | ||||||
27 | qualified
examiners of insurance companies deemed competent by | ||||||
28 | the Director, or any
combination of the foregoing, the cost of | ||||||
29 | which shall be borne by the
company or person being examined. | ||||||
30 | The Director may compensate independent
actuaries, certified | ||||||
31 | public accountants and qualified examiners retained
for | ||||||
32 | supplementing examination procedures in amounts not to exceed | ||||||
33 | the
reasonable and customary charges for such services. The |
| |||||||
| |||||||
1 | Director
may also accept as a part of the Department's | ||||||
2 | examination of any company or
person (a) a report by an | ||||||
3 | independent actuary deemed competent by the
Director or (b) a | ||||||
4 | report of an audit made by an independent certified
public | ||||||
5 | accountant. Neither those persons so designated nor any members | ||||||
6 | of
their immediate families shall be officers of, connected | ||||||
7 | with, or
financially interested in any company other than as | ||||||
8 | policyholders, nor
shall they be financially interested in any | ||||||
9 | other corporation or person
affected by the examination, | ||||||
10 | investigation or hearing.
| ||||||
11 | (2) All hearings provided for in this Code shall, unless | ||||||
12 | otherwise
specially provided, be held at such time and place as | ||||||
13 | shall be designated
in a notice which shall be given by the | ||||||
14 | Director in writing to the person
or company whose interests | ||||||
15 | are affected, at least 10 days before the date
designated | ||||||
16 | therein. The notice shall state the subject of inquiry and the
| ||||||
17 | specific charges, if any. The hearings shall be held in the | ||||||
18 | City of
Springfield, the City of Chicago, or in the county | ||||||
19 | where the principal
business address of the person or company | ||||||
20 | affected is located. | ||||||
21 | (3) For a rate increase filing in medical liability | ||||||
22 | insurance under Section 155.18 of this Code, the Director may | ||||||
23 | hold a hearing with the insurance company and policyholders | ||||||
24 | present for the purpose of receiving testimony from the | ||||||
25 | insurance company and policyholders regarding the rate | ||||||
26 | increase. The hearing must occur under written and express | ||||||
27 | terms and conditions that are sufficient to protect from | ||||||
28 | disclosure information that the subject medical liability | ||||||
29 | insurance company deems proprietary, confidential, or a trade | ||||||
30 | secret. The insurance company must give notice of the hearing | ||||||
31 | time, date, and location to medical liability insurance | ||||||
32 | policyholders whose rates have increased. Notice to | ||||||
33 | policyholders may be given through regular publications issued | ||||||
34 | to policyholders or by electronic means. Other than the cost of |
| |||||||
| |||||||
1 | this notice, the Department shall be responsible for the costs | ||||||
2 | of this hearing.
| ||||||
3 | (Source: P.A. 87-757.)
| ||||||
4 | (215 ILCS 5/1204) (from Ch. 73, par. 1065.904)
| ||||||
5 | Sec. 1204. (A) The Director shall promulgate rules and | ||||||
6 | regulations
which shall require each insurer licensed to write | ||||||
7 | property or casualty
insurance in the State and each syndicate | ||||||
8 | doing business on the Illinois
Insurance Exchange to record and | ||||||
9 | report its loss and expense experience
and other data as may be | ||||||
10 | necessary to assess the relationship of
insurance premiums and | ||||||
11 | related income as compared to insurance costs and
expenses. The | ||||||
12 | Director may designate one or more rate service
organizations | ||||||
13 | or advisory organizations to gather and compile such
experience | ||||||
14 | and data. The Director shall require each insurer licensed to
| ||||||
15 | write property or casualty insurance in this State and each | ||||||
16 | syndicate doing
business on the Illinois Insurance Exchange to | ||||||
17 | submit a report, on
a form furnished by the Director, showing | ||||||
18 | its direct writings in this
State and companywide.
| ||||||
19 | (B) Such report required by subsection (A) of this Section | ||||||
20 | may include,
but not be limited to, the following specific | ||||||
21 | types of insurance written by
such insurer:
| ||||||
22 | (1) Political subdivision liability insurance reported | ||||||
23 | separately in the
following categories:
| ||||||
24 | (a) municipalities;
| ||||||
25 | (b) school districts;
| ||||||
26 | (c) other political subdivisions;
| ||||||
27 | (2) Public official liability insurance;
| ||||||
28 | (3) Dram shop liability insurance;
| ||||||
29 | (4) Day care center liability insurance;
| ||||||
30 | (5) Labor, fraternal or religious organizations | ||||||
31 | liability insurance;
| ||||||
32 | (6) Errors and omissions liability insurance;
| ||||||
33 | (7) Officers and directors liability insurance |
| |||||||
| |||||||
1 | reported separately as
follows:
| ||||||
2 | (a) non-profit entities;
| ||||||
3 | (b) for-profit entities;
| ||||||
4 | (8) Products liability insurance;
| ||||||
5 | (9) Medical malpractice insurance;
| ||||||
6 | (10) Attorney malpractice insurance;
| ||||||
7 | (11) Architects and engineers malpractice insurance; | ||||||
8 | and
| ||||||
9 | (12) Motor vehicle insurance reported separately for | ||||||
10 | commercial and
private passenger vehicles as follows:
| ||||||
11 | (a) motor vehicle physical damage insurance;
| ||||||
12 | (b) motor vehicle liability insurance.
| ||||||
13 | (C) Such report may include, but need not be limited to the | ||||||
14 | following data,
both
specific to this State and companywide, in | ||||||
15 | the aggregate or by type of
insurance for the previous year on | ||||||
16 | a calendar year basis:
| ||||||
17 | (1) Direct premiums written;
| ||||||
18 | (2) Direct premiums earned;
| ||||||
19 | (3) Number of policies;
| ||||||
20 | (4) Net investment income, using appropriate estimates | ||||||
21 | where necessary;
| ||||||
22 | (5) Losses paid;
| ||||||
23 | (6) Losses incurred;
| ||||||
24 | (7) Loss reserves:
| ||||||
25 | (a) Losses unpaid on reported claims;
| ||||||
26 | (b) Losses unpaid on incurred but not reported | ||||||
27 | claims;
| ||||||
28 | (8) Number of claims:
| ||||||
29 | (a) Paid claims;
| ||||||
30 | (b) Arising claims;
| ||||||
31 | (9) Loss adjustment expenses:
| ||||||
32 | (a) Allocated loss adjustment expenses;
| ||||||
33 | (b) Unallocated loss adjustment expenses;
| ||||||
34 | (10) Net underwriting gain or loss;
|
| |||||||
| |||||||
1 | (11) Net operation gain or loss, including net | ||||||
2 | investment income;
| ||||||
3 | (12) Any other information requested by the Director.
| ||||||
4 | (C-5) Additional information required from medical | ||||||
5 | malpractice insurers. | ||||||
6 | (1) In addition to the other requirements of this | ||||||
7 | Section, all medical malpractice insurers shall include | ||||||
8 | the following information in the report required by | ||||||
9 | subsection (A) of this Section in such form and under such | ||||||
10 | terms and conditions as may be prescribed by the Director: | ||||||
11 | (a) paid and incurred losses by county for each of | ||||||
12 | the past 10 policy years; and | ||||||
13 | (b) earned exposures by ISO code, policy type, and | ||||||
14 | policy year by county for each of the past 10 years. | ||||||
15 | (2) All information collected by the Director under | ||||||
16 | paragraph (1) of this subsection (C-5) shall be made | ||||||
17 | available, on an aggregate basis, to the General Assembly | ||||||
18 | and the general public. This provision shall supersede any | ||||||
19 | other provision of law that may otherwise protect such | ||||||
20 | information from public disclosure as confidential. The | ||||||
21 | identity of the plaintiff, the defendant, the attorneys, | ||||||
22 | and the company shall not be disclosed.
| ||||||
23 | (D) In addition to the information which may be requested | ||||||
24 | under
subsection (C), the Director may also request on a | ||||||
25 | companywide, aggregate
basis, Federal Income Tax recoverable, | ||||||
26 | net realized capital gain or loss,
net unrealized capital gain | ||||||
27 | or loss, and all other expenses not requested
in subsection (C) | ||||||
28 | above.
| ||||||
29 | (E) Violations - Suspensions - Revocations.
| ||||||
30 | (1) Any company or person
subject to this Article, who | ||||||
31 | willfully or repeatedly fails to observe or who
otherwise | ||||||
32 | violates any of the provisions of this Article or any rule | ||||||
33 | or
regulation promulgated by the Director under authority | ||||||
34 | of this Article or any
final order of the Director entered |
| |||||||
| |||||||
1 | under the authority of this Article shall
by civil penalty | ||||||
2 | forfeit to the State of Illinois a sum not to exceed
| ||||||
3 | $2,000. Each day during which a violation occurs | ||||||
4 | constitutes a
separate
offense.
| ||||||
5 | (2) No forfeiture liability under paragraph (1) of this | ||||||
6 | subsection may
attach unless a written notice of apparent | ||||||
7 | liability has been issued by the
Director and received by | ||||||
8 | the respondent, or the Director sends written
notice of | ||||||
9 | apparent liability by registered or certified mail, return
| ||||||
10 | receipt requested, to the last known address of the | ||||||
11 | respondent. Any
respondent so notified must be granted an | ||||||
12 | opportunity to request a hearing
within 10 days from | ||||||
13 | receipt of notice, or to show in writing, why he should
not | ||||||
14 | be held liable. A notice issued under this Section must set | ||||||
15 | forth the
date, facts and nature of the act or omission | ||||||
16 | with which the respondent is
charged and must specifically | ||||||
17 | identify the particular provision of this
Article, rule, | ||||||
18 | regulation or order of which a violation is charged.
| ||||||
19 | (3) No forfeiture liability under paragraph (1) of this | ||||||
20 | subsection may
attach for any violation occurring more than | ||||||
21 | 2 years prior to the date of
issuance of the notice of | ||||||
22 | apparent liability and in no event may the total
civil | ||||||
23 | penalty forfeiture imposed for the acts or omissions set | ||||||
24 | forth in any
one notice of apparent liability exceed | ||||||
25 | $100,000.
| ||||||
26 | (4) All administrative hearings conducted pursuant to | ||||||
27 | this Article are
subject to 50 Ill. Adm. Code 2402 and all | ||||||
28 | administrative hearings are
subject to the Administrative | ||||||
29 | Review Law.
| ||||||
30 | (5) The civil penalty forfeitures provided for in this | ||||||
31 | Section are
payable to the General Revenue Fund of the | ||||||
32 | State of Illinois, and may be
recovered in a civil suit in | ||||||
33 | the name of the State of Illinois brought in
the Circuit | ||||||
34 | Court in Sangamon County or in the Circuit Court of the |
| |||||||
| |||||||
1 | county
where the respondent is domiciled or has its | ||||||
2 | principal operating office.
| ||||||
3 | (6) In any case where the Director issues a notice of | ||||||
4 | apparent liability
looking toward the imposition of a civil | ||||||
5 | penalty forfeiture under this
Section that fact may not be | ||||||
6 | used in any other proceeding before the
Director to the | ||||||
7 | prejudice of the respondent to whom the notice was issued,
| ||||||
8 | unless (a) the civil penalty forfeiture has been paid, or | ||||||
9 | (b) a court has
ordered payment of the civil penalty | ||||||
10 | forfeiture and that order has become
final.
| ||||||
11 | (7) When any person or company has a license or | ||||||
12 | certificate of authority
under this Code and knowingly | ||||||
13 | fails or refuses to comply with a lawful
order of the | ||||||
14 | Director requiring compliance with this Article, entered | ||||||
15 | after
notice and hearing, within the period of time | ||||||
16 | specified in the order, the
Director may, in addition to | ||||||
17 | any other penalty or authority
provided, revoke or refuse | ||||||
18 | to renew the license or certificate of authority
of such | ||||||
19 | person
or company, or may suspend the license or | ||||||
20 | certificate of authority
of such
person or company until | ||||||
21 | compliance with such order has been obtained.
| ||||||
22 | (8) When any person or company has a license or | ||||||
23 | certificate of authority
under this Code and knowingly | ||||||
24 | fails or refuses to comply with any
provisions of this | ||||||
25 | Article, the Director may, after notice and hearing, in
| ||||||
26 | addition to any other penalty provided, revoke or refuse to | ||||||
27 | renew the
license or certificate of authority of such | ||||||
28 | person or company, or may
suspend the license or | ||||||
29 | certificate of authority of such person or company,
until | ||||||
30 | compliance with such provision of this Article has been | ||||||
31 | obtained.
| ||||||
32 | (9) No suspension or revocation under this Section may | ||||||
33 | become effective
until 5 days from the date that the notice | ||||||
34 | of suspension or revocation has
been personally delivered |
| |||||||
| |||||||
1 | or delivered by registered or certified mail to
the company | ||||||
2 | or person. A suspension or revocation under this Section is
| ||||||
3 | stayed upon the filing, by the company or person, of a | ||||||
4 | petition for
judicial review under the Administrative | ||||||
5 | Review Law.
| ||||||
6 | (Source: P.A. 93-32, eff. 7-1-03.)
| ||||||
7 | Section 315. The Medical Practice Act of 1987 is amended by | ||||||
8 | changing Sections 7, 22, 23, 24, and 36 as follows:
| ||||||
9 | (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2007)
| ||||||
11 | Sec. 7. Medical Disciplinary Board.
| ||||||
12 | (A) There is hereby created the Illinois
State Medical | ||||||
13 | Disciplinary Board (hereinafter referred to as
the | ||||||
14 | "Disciplinary Board"). The Disciplinary Board shall
consist of
| ||||||
15 | 9 members, to be appointed by the Governor by and
with the | ||||||
16 | advice and consent of the Senate. All shall be
residents of the | ||||||
17 | State, not more than
5 of whom shall be
members of the same | ||||||
18 | political party. Five members shall be
physicians licensed to | ||||||
19 | practice medicine in all of its
branches in Illinois possessing | ||||||
20 | the degree of doctor of
medicine.
Two shall be members of the | ||||||
21 | public, who shall not
be engaged in any way, directly or | ||||||
22 | indirectly, as providers
of health care. The
2
public members | ||||||
23 | shall act as
voting members. One member shall be a physician
| ||||||
24 | licensed to practice in Illinois possessing the degree of
| ||||||
25 | doctor of osteopathy or osteopathic medicine. One member shall | ||||||
26 | be a
physician licensed to practice in Illinois and possessing | ||||||
27 | the degree
of doctor of chiropractic.
| ||||||
28 | (B) Members of the Disciplinary Board shall be appointed
| ||||||
29 | for terms of 4 years. Upon the expiration of the term of
any | ||||||
30 | member, their successor shall be appointed for a term of
4 | ||||||
31 | years by the Governor by and with the advice and
consent of the | ||||||
32 | Senate. The Governor shall fill any vacancy
for the remainder |
| |||||||
| |||||||
1 | of the unexpired term by and with the
advice and consent of the | ||||||
2 | Senate. Upon recommendation of
the Board, any member of the | ||||||
3 | Disciplinary Board may be
removed by the Governor for | ||||||
4 | misfeasance, malfeasance, or
wilful neglect of duty, after | ||||||
5 | notice, and a public hearing,
unless such notice and hearing | ||||||
6 | shall be expressly waived in
writing. Each member shall serve | ||||||
7 | on the Disciplinary Board
until their successor is appointed | ||||||
8 | and qualified. No member
of the Disciplinary Board shall serve | ||||||
9 | more than 2
consecutive 4 year terms.
| ||||||
10 | In making appointments the Governor shall attempt to
insure | ||||||
11 | that the various social and geographic regions of the
State of | ||||||
12 | Illinois are properly represented.
| ||||||
13 | In making the designation of persons to act for the
several | ||||||
14 | professions represented on the Disciplinary Board,
the | ||||||
15 | Governor shall give due consideration to recommendations
by | ||||||
16 | members of the respective professions and by
organizations | ||||||
17 | therein.
| ||||||
18 | (C) The Disciplinary Board shall annually elect one of
its | ||||||
19 | voting members as chairperson and one as vice
chairperson. No | ||||||
20 | officer shall be elected more than twice
in succession to the | ||||||
21 | same office. Each officer shall serve
until their successor has | ||||||
22 | been elected and qualified.
| ||||||
23 | (D) (Blank).
| ||||||
24 | (E)
Four voting members of the Disciplinary Board
shall | ||||||
25 | constitute a quorum. A vacancy in the membership of
the | ||||||
26 | Disciplinary Board shall not impair the right of a
quorum to | ||||||
27 | exercise all the rights and perform all the duties
of the | ||||||
28 | Disciplinary Board. Any action taken by the
Disciplinary Board | ||||||
29 | under this Act may be authorized by
resolution at any regular | ||||||
30 | or special meeting and each such
resolution shall take effect | ||||||
31 | immediately. The Disciplinary
Board shall meet at least | ||||||
32 | quarterly. The Disciplinary Board
is empowered to adopt all | ||||||
33 | rules and regulations necessary
and incident to the powers | ||||||
34 | granted to it under this Act.
|
| |||||||
| |||||||
1 | (F) Each member, and member-officer, of the
Disciplinary | ||||||
2 | Board shall receive a per diem stipend
as the
Director of the | ||||||
3 | Department, hereinafter referred to as the
Director, shall | ||||||
4 | determine. The Director shall also
determine the per diem | ||||||
5 | stipend that each ex-officio member
shall receive. Each member | ||||||
6 | shall be paid their necessary
expenses while engaged in the | ||||||
7 | performance of their duties.
| ||||||
8 | (G) The Director shall select a Chief Medical
Coordinator | ||||||
9 | and not less than 2
a Deputy Medical Coordinators
Coordinator
| ||||||
10 | who shall not
be members of the Disciplinary Board. Each | ||||||
11 | medical
coordinator shall be a physician licensed to practice
| ||||||
12 | medicine in all of its branches, and the Director shall set
| ||||||
13 | their rates of compensation. The Director shall assign at least
| ||||||
14 | one
medical
coordinator to
a region composed of Cook County and
| ||||||
15 | such other counties as the Director may deem appropriate,
and | ||||||
16 | such medical coordinator or coordinators shall locate their | ||||||
17 | office in
Chicago. The Director shall assign at least one
the | ||||||
18 | remaining medical
coordinator to a region composed of the | ||||||
19 | balance of counties
in the State, and such medical coordinator | ||||||
20 | or coordinators shall locate
their office in Springfield. Each | ||||||
21 | medical coordinator shall
be the chief enforcement officer of | ||||||
22 | this Act in his or her
their
assigned region and shall serve at | ||||||
23 | the will of the
Disciplinary Board.
| ||||||
24 | The Director shall employ, in conformity with the
Personnel | ||||||
25 | Code, not less than one full time investigator
for every 2,500
| ||||||
26 | 5000 physicians licensed in the State. Each
investigator shall | ||||||
27 | be a college graduate with at least 2
years' investigative | ||||||
28 | experience or one year advanced medical
education. Upon the | ||||||
29 | written request of the Disciplinary
Board, the Director shall | ||||||
30 | employ, in conformity with the
Personnel Code, such other | ||||||
31 | professional, technical,
investigative, and clerical help, | ||||||
32 | either on a full or
part-time basis as the Disciplinary Board | ||||||
33 | deems necessary
for the proper performance of its duties.
| ||||||
34 | (H) Upon the specific request of the Disciplinary
Board, |
| |||||||
| |||||||
1 | signed by either the chairman, vice chairman, or a
medical | ||||||
2 | coordinator of the Disciplinary Board, the
Department of Human | ||||||
3 | Services or the
Department of State Police shall make available | ||||||
4 | any and all
information that they have in their possession | ||||||
5 | regarding a
particular case then under investigation by the | ||||||
6 | Disciplinary
Board.
| ||||||
7 | (I) Members of the Disciplinary Board shall be immune
from | ||||||
8 | suit in any action based upon any disciplinary
proceedings or | ||||||
9 | other acts performed in good faith as members
of the | ||||||
10 | Disciplinary Board.
| ||||||
11 | (J) The Disciplinary Board may compile and establish a
| ||||||
12 | statewide roster of physicians and other medical
| ||||||
13 | professionals, including the several medical specialties, of
| ||||||
14 | such physicians and medical professionals, who have agreed
to | ||||||
15 | serve from time to time as advisors to the medical
| ||||||
16 | coordinators. Such advisors shall assist the medical
| ||||||
17 | coordinators or the Disciplinary Board in their investigations | ||||||
18 | and participation in
complaints against physicians. Such | ||||||
19 | advisors shall serve
under contract and shall be reimbursed at | ||||||
20 | a reasonable rate for the services
provided, plus reasonable | ||||||
21 | expenses incurred.
While serving in this capacity, the advisor, | ||||||
22 | for any act
undertaken in good faith and in the conduct of | ||||||
23 | their duties
under this Section, shall be immune from civil | ||||||
24 | suit.
| ||||||
25 | (Source: P.A. 93-138, eff. 7-10-03.)
| ||||||
26 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| ||||||
27 | (Section scheduled to be repealed on January 1, 2007)
| ||||||
28 | Sec. 22. Disciplinary action.
| ||||||
29 | (A) The Department may revoke, suspend, place on | ||||||
30 | probationary
status, refuse to renew, or take any other | ||||||
31 | disciplinary action as the Department may deem proper
with | ||||||
32 | regard to the license or visiting professor permit of any | ||||||
33 | person issued
under this Act to practice medicine, or to treat |
| |||||||
| |||||||
1 | human ailments without the use
of drugs and without operative | ||||||
2 | surgery upon any of the following grounds:
| ||||||
3 | (1) Performance of an elective abortion in any place, | ||||||
4 | locale,
facility, or
institution other than:
| ||||||
5 | (a) a facility licensed pursuant to the Ambulatory | ||||||
6 | Surgical Treatment
Center Act;
| ||||||
7 | (b) an institution licensed under the Hospital | ||||||
8 | Licensing Act; or
| ||||||
9 | (c) an ambulatory surgical treatment center or | ||||||
10 | hospitalization or care
facility maintained by the | ||||||
11 | State or any agency thereof, where such department
or | ||||||
12 | agency has authority under law to establish and enforce | ||||||
13 | standards for the
ambulatory surgical treatment | ||||||
14 | centers, hospitalization, or care facilities
under its | ||||||
15 | management and control; or
| ||||||
16 | (d) ambulatory surgical treatment centers, | ||||||
17 | hospitalization or care
facilities maintained by the | ||||||
18 | Federal Government; or
| ||||||
19 | (e) ambulatory surgical treatment centers, | ||||||
20 | hospitalization or care
facilities maintained by any | ||||||
21 | university or college established under the laws
of | ||||||
22 | this State and supported principally by public funds | ||||||
23 | raised by
taxation.
| ||||||
24 | (2) Performance of an abortion procedure in a wilful | ||||||
25 | and wanton
manner on a
woman who was not pregnant at the | ||||||
26 | time the abortion procedure was
performed.
| ||||||
27 | (3) The conviction of a felony in this or any other
| ||||||
28 | jurisdiction, except as
otherwise provided in subsection B | ||||||
29 | of this Section, whether or not related to
practice under | ||||||
30 | this Act, or the entry of a guilty or nolo contendere plea | ||||||
31 | to a
felony charge.
| ||||||
32 | (4) Gross negligence in practice under this Act.
| ||||||
33 | (5) Engaging in dishonorable, unethical or | ||||||
34 | unprofessional
conduct of a
character likely to deceive, |
| |||||||
| |||||||
1 | defraud or harm the public.
| ||||||
2 | (6) Obtaining any fee by fraud, deceit, or
| ||||||
3 | misrepresentation.
| ||||||
4 | (7) Habitual or excessive use or abuse of drugs defined | ||||||
5 | in law
as
controlled substances, of alcohol, or of any | ||||||
6 | other substances which results in
the inability to practice | ||||||
7 | with reasonable judgment, skill or safety.
| ||||||
8 | (8) Practicing under a false or, except as provided by | ||||||
9 | law, an
assumed
name.
| ||||||
10 | (9) Fraud or misrepresentation in applying for, or | ||||||
11 | procuring, a
license
under this Act or in connection with | ||||||
12 | applying for renewal of a license under
this Act.
| ||||||
13 | (10) Making a false or misleading statement regarding | ||||||
14 | their
skill or the
efficacy or value of the medicine, | ||||||
15 | treatment, or remedy prescribed by them at
their direction | ||||||
16 | in the treatment of any disease or other condition of the | ||||||
17 | body
or mind.
| ||||||
18 | (11) Allowing another person or organization to use | ||||||
19 | their
license, procured
under this Act, to practice.
| ||||||
20 | (12) Disciplinary action of another state or | ||||||
21 | jurisdiction
against a license
or other authorization to | ||||||
22 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
23 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
24 | certified copy of the record of the action taken by
the | ||||||
25 | other state or jurisdiction being prima facie evidence | ||||||
26 | thereof.
| ||||||
27 | (13) Violation of any provision of this Act or of the | ||||||
28 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
29 | violation of the rules, or a final
administrative action of | ||||||
30 | the Director, after consideration of the
recommendation of | ||||||
31 | the Disciplinary Board.
| ||||||
32 | (14) Dividing with anyone other than physicians with | ||||||
33 | whom the
licensee
practices in a partnership, Professional | ||||||
34 | Association, limited liability
company, or Medical or |
| |||||||
| |||||||
1 | Professional
Corporation any fee, commission, rebate or | ||||||
2 | other form of compensation for any
professional services | ||||||
3 | not actually and personally rendered. Nothing contained
in | ||||||
4 | this subsection prohibits persons holding valid and | ||||||
5 | current licenses under
this Act from practicing medicine in | ||||||
6 | partnership under a partnership
agreement, including a | ||||||
7 | limited liability partnership, in a limited liability
| ||||||
8 | company under the Limited Liability Company Act, in a | ||||||
9 | corporation authorized by
the Medical Corporation Act, as | ||||||
10 | an
association authorized by the Professional Association | ||||||
11 | Act, or in a
corporation under the
Professional Corporation | ||||||
12 | Act or from pooling, sharing, dividing or
apportioning the | ||||||
13 | fees and monies received by them or by the partnership,
| ||||||
14 | corporation or association in accordance with the | ||||||
15 | partnership agreement or the
policies of the Board of | ||||||
16 | Directors of the corporation or association. Nothing
| ||||||
17 | contained in this subsection prohibits 2 or more | ||||||
18 | corporations authorized by the
Medical Corporation Act, | ||||||
19 | from forming a partnership or joint venture of such
| ||||||
20 | corporations, and providing medical, surgical and | ||||||
21 | scientific research and
knowledge by employees of these | ||||||
22 | corporations if such employees are licensed
under this Act, | ||||||
23 | or from pooling, sharing, dividing, or apportioning the | ||||||
24 | fees
and monies received by the partnership or joint | ||||||
25 | venture in accordance with the
partnership or joint venture | ||||||
26 | agreement. Nothing contained in this subsection
shall | ||||||
27 | abrogate the right of 2 or more persons, holding valid and | ||||||
28 | current
licenses under this Act, to each receive adequate | ||||||
29 | compensation for concurrently
rendering professional | ||||||
30 | services to a patient and divide a fee; provided, the
| ||||||
31 | patient has full knowledge of the division, and, provided, | ||||||
32 | that the division is
made in proportion to the services | ||||||
33 | performed and responsibility assumed by
each.
| ||||||
34 | (15) A finding by the Medical Disciplinary Board that |
| |||||||
| |||||||
1 | the
registrant after
having his or her license placed on | ||||||
2 | probationary status or subjected to
conditions or | ||||||
3 | restrictions violated the terms of the probation or failed | ||||||
4 | to
comply with such terms or conditions.
| ||||||
5 | (16) Abandonment of a patient.
| ||||||
6 | (17) Prescribing, selling, administering, | ||||||
7 | distributing, giving
or
self-administering any drug | ||||||
8 | classified as a controlled substance (designated
product) | ||||||
9 | or narcotic for other than medically accepted therapeutic
| ||||||
10 | purposes.
| ||||||
11 | (18) Promotion of the sale of drugs, devices, | ||||||
12 | appliances or
goods provided
for a patient in such manner | ||||||
13 | as to exploit the patient for financial gain of
the | ||||||
14 | physician.
| ||||||
15 | (19) Offering, undertaking or agreeing to cure or treat
| ||||||
16 | disease by a secret
method, procedure, treatment or | ||||||
17 | medicine, or the treating, operating or
prescribing for any | ||||||
18 | human condition by a method, means or procedure which the
| ||||||
19 | licensee refuses to divulge upon demand of the Department.
| ||||||
20 | (20) Immoral conduct in the commission of any act | ||||||
21 | including,
but not limited to, commission of an act of | ||||||
22 | sexual misconduct related to the
licensee's
practice.
| ||||||
23 | (21) Wilfully making or filing false records or reports | ||||||
24 | in his
or her
practice as a physician, including, but not | ||||||
25 | limited to, false records to
support claims against the | ||||||
26 | medical assistance program of the Department of
Public Aid | ||||||
27 | under the Illinois Public Aid Code.
| ||||||
28 | (22) Wilful omission to file or record, or wilfully | ||||||
29 | impeding
the filing or
recording, or inducing another | ||||||
30 | person to omit to file or record, medical
reports as | ||||||
31 | required by law, or wilfully failing to report an instance | ||||||
32 | of
suspected abuse or neglect as required by law.
| ||||||
33 | (23) Being named as a perpetrator in an indicated | ||||||
34 | report by
the Department
of Children and Family Services |
| |||||||
| |||||||
1 | under the Abused and Neglected Child Reporting
Act, and | ||||||
2 | upon proof by clear and convincing evidence that the | ||||||
3 | licensee has
caused a child to be an abused child or | ||||||
4 | neglected child as defined in the
Abused and Neglected | ||||||
5 | Child Reporting Act.
| ||||||
6 | (24) Solicitation of professional patronage by any
| ||||||
7 | corporation, agents or
persons, or profiting from those | ||||||
8 | representing themselves to be agents of the
licensee.
| ||||||
9 | (25) Gross and wilful and continued overcharging for
| ||||||
10 | professional services,
including filing false statements | ||||||
11 | for collection of fees for which services are
not rendered, | ||||||
12 | including, but not limited to, filing such false statements | ||||||
13 | for
collection of monies for services not rendered from the | ||||||
14 | medical assistance
program of the Department of Public Aid | ||||||
15 | under the Illinois Public Aid
Code.
| ||||||
16 | (26) A pattern of practice or other behavior which
| ||||||
17 | demonstrates
incapacity
or incompetence to practice under | ||||||
18 | this Act.
| ||||||
19 | (27) Mental illness or disability which results in the
| ||||||
20 | inability to
practice under this Act with reasonable | ||||||
21 | judgment, skill or safety.
| ||||||
22 | (28) Physical illness, including, but not limited to,
| ||||||
23 | deterioration through
the aging process, or loss of motor | ||||||
24 | skill which results in a physician's
inability to practice | ||||||
25 | under this Act with reasonable judgment, skill or
safety.
| ||||||
26 | (29) Cheating on or attempt to subvert the licensing
| ||||||
27 | examinations
administered under this Act.
| ||||||
28 | (30) Wilfully or negligently violating the | ||||||
29 | confidentiality
between
physician and patient except as | ||||||
30 | required by law.
| ||||||
31 | (31) The use of any false, fraudulent, or deceptive | ||||||
32 | statement
in any
document connected with practice under | ||||||
33 | this Act.
| ||||||
34 | (32) Aiding and abetting an individual not licensed |
| |||||||
| |||||||
1 | under this
Act in the
practice of a profession licensed | ||||||
2 | under this Act.
| ||||||
3 | (33) Violating state or federal laws or regulations | ||||||
4 | relating
to controlled
substances , legend
drugs, or | ||||||
5 | ephedra, as defined in the Ephedra Prohibition Act .
| ||||||
6 | (34) Failure to report to the Department any adverse | ||||||
7 | final
action taken
against them by another licensing | ||||||
8 | jurisdiction (any other state or any
territory of the | ||||||
9 | United States or any foreign state or country), by any peer
| ||||||
10 | review body, by any health care institution, by any | ||||||
11 | professional society or
association related to practice | ||||||
12 | under this Act, by any governmental agency, by
any law | ||||||
13 | enforcement agency, or by any court for acts or conduct | ||||||
14 | similar to acts
or conduct which would constitute grounds | ||||||
15 | for action as defined in this
Section.
| ||||||
16 | (35) Failure to report to the Department surrender of a
| ||||||
17 | license or
authorization to practice as a medical doctor, a | ||||||
18 | doctor of osteopathy, a
doctor of osteopathic medicine, or | ||||||
19 | doctor
of chiropractic in another state or jurisdiction, or | ||||||
20 | surrender of membership on
any medical staff or in any | ||||||
21 | medical or professional association or society,
while | ||||||
22 | under disciplinary investigation by any of those | ||||||
23 | authorities or bodies,
for acts or conduct similar to acts | ||||||
24 | or conduct which would constitute grounds
for action as | ||||||
25 | defined in this Section.
| ||||||
26 | (36) Failure to report to the Department any adverse | ||||||
27 | judgment,
settlement,
or award arising from a liability | ||||||
28 | claim related to acts or conduct similar to
acts or conduct | ||||||
29 | which would constitute grounds for action as defined in | ||||||
30 | this
Section.
| ||||||
31 | (37) Failure to transfer copies of medical records as | ||||||
32 | required
by law.
| ||||||
33 | (38) Failure to furnish the Department, its | ||||||
34 | investigators or
representatives, relevant information, |
| |||||||
| |||||||
1 | legally requested by the Department
after consultation | ||||||
2 | with the Chief Medical Coordinator or the Deputy Medical
| ||||||
3 | Coordinator.
| ||||||
4 | (39) Violating the Health Care Worker Self-Referral
| ||||||
5 | Act.
| ||||||
6 | (40) Willful failure to provide notice when notice is | ||||||
7 | required
under the
Parental Notice of Abortion Act of 1995.
| ||||||
8 | (41) Failure to establish and maintain records of | ||||||
9 | patient care and
treatment as required by this law.
| ||||||
10 | (42) Entering into an excessive number of written | ||||||
11 | collaborative
agreements with licensed advanced practice | ||||||
12 | nurses resulting in an inability to
adequately collaborate | ||||||
13 | and provide medical direction.
| ||||||
14 | (43) Repeated failure to adequately collaborate with | ||||||
15 | or provide medical
direction to a licensed advanced | ||||||
16 | practice nurse.
| ||||||
17 | Except
for actions involving the ground numbered (26), all
| ||||||
18 | All proceedings to suspend,
revoke, place on probationary | ||||||
19 | status, or take any
other disciplinary action as the Department | ||||||
20 | may deem proper, with regard to a
license on any of the | ||||||
21 | foregoing grounds, must be commenced within 5
3 years next
| ||||||
22 | after receipt by the Department of a complaint alleging the | ||||||
23 | commission of or
notice of the conviction order for any of the | ||||||
24 | acts described herein. Except
for the grounds numbered (8), | ||||||
25 | (9) , (26), and (29), no action shall be commenced more
than 10
| ||||||
26 | 5 years after the date of the incident or act alleged to have | ||||||
27 | violated
this Section. For actions involving the ground | ||||||
28 | numbered (26), a pattern of practice or other behavior includes | ||||||
29 | all incidents alleged to be part of the pattern of practice or | ||||||
30 | other behavior that occurred or a report pursuant to Section 23 | ||||||
31 | of this Act received within the 10-year period preceding the | ||||||
32 | filing of the complaint. In the event of the settlement of any | ||||||
33 | claim or cause of action
in favor of the claimant or the | ||||||
34 | reduction to final judgment of any civil action
in favor of the |
| |||||||
| |||||||
1 | plaintiff, such claim, cause of action or civil action being
| ||||||
2 | grounded on the allegation that a person licensed under this | ||||||
3 | Act was negligent
in providing care, the Department shall have | ||||||
4 | an additional period of 2 years
one year
from the date of | ||||||
5 | notification to the Department under Section 23 of this Act
of | ||||||
6 | such settlement or final judgment in which to investigate and
| ||||||
7 | commence formal disciplinary proceedings under Section 36 of | ||||||
8 | this Act, except
as otherwise provided by law. The Department | ||||||
9 | shall expunge the records of discipline solely for | ||||||
10 | administrative matters 3 years after final disposition or after | ||||||
11 | the statute of limitations has expired, whichever is later. The | ||||||
12 | time during which the holder of the license
was outside the | ||||||
13 | State of Illinois shall not be included within any period of
| ||||||
14 | time limiting the commencement of disciplinary action by the | ||||||
15 | Department.
| ||||||
16 | The entry of an order or judgment by any circuit court | ||||||
17 | establishing that any
person holding a license under this Act | ||||||
18 | is a person in need of mental treatment
operates as a | ||||||
19 | suspension of that license. That person may resume their
| ||||||
20 | practice only upon the entry of a Departmental order based upon | ||||||
21 | a finding by
the Medical Disciplinary Board that they have been | ||||||
22 | determined to be recovered
from mental illness by the court and | ||||||
23 | upon the Disciplinary Board's
recommendation that they be | ||||||
24 | permitted to resume their practice.
| ||||||
25 | The Department may refuse to issue or take disciplinary | ||||||
26 | action concerning the license of any person
who fails to file a | ||||||
27 | return, or to pay the tax, penalty or interest shown in a
filed | ||||||
28 | return, or to pay any final assessment of tax, penalty or | ||||||
29 | interest, as
required by any tax Act administered by the | ||||||
30 | Illinois Department of Revenue,
until such time as the | ||||||
31 | requirements of any such tax Act are satisfied as
determined by | ||||||
32 | the Illinois Department of Revenue.
| ||||||
33 | The Department, upon the recommendation of the | ||||||
34 | Disciplinary Board, shall
adopt rules which set forth standards |
| |||||||
| |||||||
1 | to be used in determining:
| ||||||
2 | (a) when a person will be deemed sufficiently | ||||||
3 | rehabilitated to warrant the
public trust;
| ||||||
4 | (b) what constitutes dishonorable, unethical or | ||||||
5 | unprofessional conduct of
a character likely to deceive, | ||||||
6 | defraud, or harm the public;
| ||||||
7 | (c) what constitutes immoral conduct in the commission | ||||||
8 | of any act,
including, but not limited to, commission of an | ||||||
9 | act of sexual misconduct
related
to the licensee's | ||||||
10 | practice; and
| ||||||
11 | (d) what constitutes gross negligence in the practice | ||||||
12 | of medicine.
| ||||||
13 | However, no such rule shall be admissible into evidence in | ||||||
14 | any civil action
except for review of a licensing or other | ||||||
15 | disciplinary action under this Act.
| ||||||
16 | In enforcing this Section, the Medical Disciplinary Board,
| ||||||
17 | upon a showing of a possible violation, may compel any | ||||||
18 | individual licensed to
practice under this Act, or who has | ||||||
19 | applied for licensure or a permit
pursuant to this Act, to | ||||||
20 | submit to a mental or physical examination, or both,
as | ||||||
21 | required by and at the expense of the Department. The examining | ||||||
22 | physician
or physicians shall be those specifically designated | ||||||
23 | by the Disciplinary Board.
The Medical Disciplinary Board or | ||||||
24 | the Department may order the examining
physician to present | ||||||
25 | testimony concerning this mental or physical examination
of the | ||||||
26 | licensee or applicant. No information shall be excluded by | ||||||
27 | reason of
any common
law or statutory privilege relating to | ||||||
28 | communication between the licensee or
applicant and
the | ||||||
29 | examining physician.
The individual to be examined may have, at | ||||||
30 | his or her own expense, another
physician of his or her choice | ||||||
31 | present during all aspects of the examination.
Failure of any | ||||||
32 | individual to submit to mental or physical examination, when
| ||||||
33 | directed, shall be grounds for suspension of his or her license | ||||||
34 | until such time
as the individual submits to the examination if |
| |||||||
| |||||||
1 | the Disciplinary Board finds,
after notice and hearing, that | ||||||
2 | the refusal to submit to the examination was
without reasonable | ||||||
3 | cause. If the Disciplinary Board finds a physician unable
to | ||||||
4 | practice because of the reasons set forth in this Section, the | ||||||
5 | Disciplinary
Board shall require such physician to submit to | ||||||
6 | care, counseling, or treatment
by physicians approved or | ||||||
7 | designated by the Disciplinary Board, as a condition
for | ||||||
8 | continued, reinstated, or renewed licensure to practice. Any | ||||||
9 | physician,
whose license was granted pursuant to Sections 9, | ||||||
10 | 17, or 19 of this Act, or,
continued, reinstated, renewed, | ||||||
11 | disciplined or supervised, subject to such
terms, conditions or | ||||||
12 | restrictions who shall fail to comply with such terms,
| ||||||
13 | conditions or restrictions, or to complete a required program | ||||||
14 | of care,
counseling, or treatment, as determined by the Chief | ||||||
15 | Medical Coordinator or
Deputy Medical Coordinators, shall be | ||||||
16 | referred to the Director for a
determination as to whether the | ||||||
17 | licensee shall have their license suspended
immediately, | ||||||
18 | pending a hearing by the Disciplinary Board. In instances in
| ||||||
19 | which the Director immediately suspends a license under this | ||||||
20 | Section, a hearing
upon such person's license must be convened | ||||||
21 | by the Disciplinary Board within 15
days after such suspension | ||||||
22 | and completed without appreciable delay. The
Disciplinary | ||||||
23 | Board shall have the authority to review the subject | ||||||
24 | physician's
record of treatment and counseling regarding the | ||||||
25 | impairment, to the extent
permitted by applicable federal | ||||||
26 | statutes and regulations safeguarding the
confidentiality of | ||||||
27 | medical records.
| ||||||
28 | An individual licensed under this Act, affected under this | ||||||
29 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
30 | Disciplinary Board that they can
resume practice in compliance | ||||||
31 | with acceptable and prevailing standards under
the provisions | ||||||
32 | of their license.
| ||||||
33 | The Department may promulgate rules for the imposition of | ||||||
34 | fines in
disciplinary cases, not to exceed
$10,000
$5,000 for |
| |||||||
| |||||||
1 | each violation of this Act. Fines
may be imposed in conjunction | ||||||
2 | with other forms of disciplinary action, but
shall not be the | ||||||
3 | exclusive disposition of any disciplinary action arising out
of | ||||||
4 | conduct resulting in death or injury to a patient. Any funds | ||||||
5 | collected from
such fines shall be deposited in the Medical | ||||||
6 | Disciplinary Fund.
| ||||||
7 | (B) The Department shall revoke the license or visiting
| ||||||
8 | permit of any person issued under this Act to practice medicine | ||||||
9 | or to treat
human ailments without the use of drugs and without | ||||||
10 | operative surgery, who
has been convicted a second time of | ||||||
11 | committing any felony under the
Illinois Controlled Substances | ||||||
12 | Act, or who has been convicted a second time of
committing a | ||||||
13 | Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | ||||||
14 | Public
Aid Code. A person whose license or visiting permit is | ||||||
15 | revoked
under
this subsection B of Section 22 of this Act shall | ||||||
16 | be prohibited from practicing
medicine or treating human | ||||||
17 | ailments without the use of drugs and without
operative | ||||||
18 | surgery.
| ||||||
19 | (C) The Medical Disciplinary Board shall recommend to the
| ||||||
20 | Department civil
penalties and any other appropriate | ||||||
21 | discipline in disciplinary cases when the
Board finds that a | ||||||
22 | physician willfully performed an abortion with actual
| ||||||
23 | knowledge that the person upon whom the abortion has been | ||||||
24 | performed is a minor
or an incompetent person without notice as | ||||||
25 | required under the Parental Notice
of Abortion Act of 1995. | ||||||
26 | Upon the Board's recommendation, the Department shall
impose, | ||||||
27 | for the first violation, a civil penalty of $1,000 and for a | ||||||
28 | second or
subsequent violation, a civil penalty of $5,000.
| ||||||
29 | (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96; 89-626, | ||||||
30 | eff.
8-9-96; 89-702, eff. 7-1-97; 90-742, eff. 8-13-98.)
| ||||||
31 | (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| ||||||
32 | (Section scheduled to be repealed on January 1, 2007)
| ||||||
33 | Sec. 23. Reports relating to professional conduct
and |
| |||||||
| |||||||
1 | capacity.
| ||||||
2 | (A) Entities required to report.
| ||||||
3 | (1) Health care institutions. The chief administrator
| ||||||
4 | or executive officer of any health care institution | ||||||
5 | licensed
by the Illinois Department of Public Health shall | ||||||
6 | report to
the Disciplinary Board when any person's clinical | ||||||
7 | privileges
are terminated or are restricted based on a | ||||||
8 | final
determination, in accordance with that institution's | ||||||
9 | by-laws
or rules and regulations, that a person has either | ||||||
10 | committed
an act or acts which may directly threaten | ||||||
11 | patient care, and not of an
administrative nature, or that | ||||||
12 | a person may be mentally or
physically disabled in such a | ||||||
13 | manner as to endanger patients
under that person's care. | ||||||
14 | Such officer also shall report if
a person accepts | ||||||
15 | voluntary termination or restriction of
clinical | ||||||
16 | privileges in lieu of formal action based upon conduct | ||||||
17 | related
directly to patient care and
not of an | ||||||
18 | administrative nature, or in lieu of formal action
seeking | ||||||
19 | to determine whether a person may be mentally or
physically | ||||||
20 | disabled in such a manner as to endanger patients
under | ||||||
21 | that person's care. The Medical Disciplinary Board
shall, | ||||||
22 | by rule, provide for the reporting to it of all
instances | ||||||
23 | in which a person, licensed under this Act, who is
impaired | ||||||
24 | by reason of age, drug or alcohol abuse or physical
or | ||||||
25 | mental impairment, is under supervision and, where
| ||||||
26 | appropriate, is in a program of rehabilitation. Such
| ||||||
27 | reports shall be strictly confidential and may be reviewed
| ||||||
28 | and considered only by the members of the Disciplinary
| ||||||
29 | Board, or by authorized staff as provided by rules of the
| ||||||
30 | Disciplinary Board. Provisions shall be made for the
| ||||||
31 | periodic report of the status of any such person not less
| ||||||
32 | than twice annually in order that the Disciplinary Board
| ||||||
33 | shall have current information upon which to determine the
| ||||||
34 | status of any such person. Such initial and periodic
|
| |||||||
| |||||||
1 | reports of impaired physicians shall not be considered
| ||||||
2 | records within the meaning of The State Records Act and
| ||||||
3 | shall be disposed of, following a determination by the
| ||||||
4 | Disciplinary Board that such reports are no longer | ||||||
5 | required,
in a manner and at such time as the Disciplinary | ||||||
6 | Board shall
determine by rule. The filing of such reports | ||||||
7 | shall be
construed as the filing of a report for purposes | ||||||
8 | of
subsection (C) of this Section.
| ||||||
9 | (2) Professional associations. The President or chief
| ||||||
10 | executive officer of any association or society, of persons
| ||||||
11 | licensed under this Act, operating within this State shall
| ||||||
12 | report to the Disciplinary Board when the association or
| ||||||
13 | society renders a final determination that a person has
| ||||||
14 | committed unprofessional conduct related directly to | ||||||
15 | patient
care or that a person may be mentally or physically | ||||||
16 | disabled
in such a manner as to endanger patients under | ||||||
17 | that person's
care.
| ||||||
18 | (3) Professional liability insurers. Every insurance
| ||||||
19 | company which offers policies of professional liability
| ||||||
20 | insurance to persons licensed under this Act, or any other
| ||||||
21 | entity which seeks to indemnify the professional liability
| ||||||
22 | of a person licensed under this Act, shall report to the
| ||||||
23 | Disciplinary Board the settlement of any claim or cause of
| ||||||
24 | action, or final judgment rendered in any cause of action,
| ||||||
25 | which alleged negligence in the furnishing of medical care
| ||||||
26 | by such licensed person when such settlement or final
| ||||||
27 | judgment is in favor of the plaintiff.
| ||||||
28 | (4) State's Attorneys. The State's Attorney of each
| ||||||
29 | county shall report to the Disciplinary Board all instances
| ||||||
30 | in which a person licensed under this Act is convicted or
| ||||||
31 | otherwise found guilty of the commission of any felony. The | ||||||
32 | State's Attorney
of each county may report to the | ||||||
33 | Disciplinary Board through a verified
complaint any | ||||||
34 | instance in which the State's Attorney believes that a |
| |||||||
| |||||||
1 | physician
has willfully violated the notice requirements | ||||||
2 | of the Parental Notice of
Abortion Act of 1995.
| ||||||
3 | (5) State agencies. All agencies, boards,
commissions, | ||||||
4 | departments, or other instrumentalities of the
government | ||||||
5 | of the State of Illinois shall report to the
Disciplinary | ||||||
6 | Board any instance arising in connection with
the | ||||||
7 | operations of such agency, including the administration
of | ||||||
8 | any law by such agency, in which a person licensed under
| ||||||
9 | this Act has either committed an act or acts which may be a
| ||||||
10 | violation of this Act or which may constitute | ||||||
11 | unprofessional
conduct related directly to patient care or | ||||||
12 | which indicates
that a person licensed under this Act may | ||||||
13 | be mentally or
physically disabled in such a manner as to | ||||||
14 | endanger patients
under that person's care.
| ||||||
15 | (B) Mandatory reporting. All reports required by items | ||||||
16 | (34), (35), and
(36) of subsection (A) of Section 22 and by | ||||||
17 | Section 23 shall be submitted to the Disciplinary Board in a | ||||||
18 | timely
fashion. The reports shall be filed in writing within 60
| ||||||
19 | days after a determination that a report is required under
this | ||||||
20 | Act. All reports shall contain the following
information:
| ||||||
21 | (1) The name, address and telephone number of the
| ||||||
22 | person making the report.
| ||||||
23 | (2) The name, address and telephone number of the
| ||||||
24 | person who is the subject of the report.
| ||||||
25 | (3) The name and date of birth
or other means of | ||||||
26 | identification of any
patient or patients whose treatment | ||||||
27 | is a subject of the
report, if available, or other means of | ||||||
28 | identification if such information is not available, | ||||||
29 | identification of the hospital or other
healthcare | ||||||
30 | facility where the care at issue in the report was | ||||||
31 | rendered,
provided, however, no medical records may be
| ||||||
32 | revealed without the written consent of the patient or
| ||||||
33 | patients .
| ||||||
34 | (4) A brief description of the facts which gave rise
to |
| |||||||
| |||||||
1 | the issuance of the report, including the dates of any
| ||||||
2 | occurrences deemed to necessitate the filing of the report.
| ||||||
3 | (5) If court action is involved, the identity of the
| ||||||
4 | court in which the action is filed, along with the docket
| ||||||
5 | number and date of filing of the action.
| ||||||
6 | (6) Any further pertinent information which the
| ||||||
7 | reporting party deems to be an aid in the evaluation of the
| ||||||
8 | report.
| ||||||
9 | The Department shall have the right to inform patients of | ||||||
10 | the right to
provide written consent for the Department to | ||||||
11 | obtain copies of hospital and
medical records.
The Disciplinary | ||||||
12 | Board or Department may also exercise the power under Section
| ||||||
13 | 38 of this Act to subpoena copies of hospital or medical | ||||||
14 | records in mandatory
report cases alleging death or permanent | ||||||
15 | bodily injury when consent to obtain
records is not provided by | ||||||
16 | a patient or legal representative . Appropriate
rules shall be | ||||||
17 | adopted by the Department with the approval of the Disciplinary
| ||||||
18 | Board.
| ||||||
19 | When the Department has received written reports | ||||||
20 | concerning incidents
required to be reported in items (34), | ||||||
21 | (35), and (36) of subsection (A) of
Section 22, the licensee's | ||||||
22 | failure to report the incident to the Department
under those | ||||||
23 | items shall not be the sole grounds for disciplinary action.
| ||||||
24 | Nothing contained in this Section shall act to in any
way, | ||||||
25 | waive or modify the confidentiality of medical reports
and | ||||||
26 | committee reports to the extent provided by law. Any
| ||||||
27 | information reported or disclosed shall be kept for the
| ||||||
28 | confidential use of the Disciplinary Board, the Medical
| ||||||
29 | Coordinators, the Disciplinary Board's attorneys, the
medical | ||||||
30 | investigative staff, and authorized clerical staff,
as | ||||||
31 | provided in this Act, and shall be afforded the same
status as | ||||||
32 | is provided information concerning medical studies
in Part 21 | ||||||
33 | of Article VIII of the Code of Civil Procedure , except that the | ||||||
34 | Department may disclose information and documents to a federal, |
| |||||||
| |||||||
1 | State, or local law enforcement agency pursuant to a subpoena | ||||||
2 | in an ongoing criminal investigation. Furthermore, information | ||||||
3 | and documents disclosed to a federal, State, or local law | ||||||
4 | enforcement agency may be used by that agency only for the | ||||||
5 | investigation and prosecution of a criminal offense .
| ||||||
6 | (C) Immunity from prosecution. Any individual or
| ||||||
7 | organization acting in good faith, and not in a wilful and
| ||||||
8 | wanton manner, in complying with this Act by providing any
| ||||||
9 | report or other information to the Disciplinary Board or a peer | ||||||
10 | review committee , or
assisting in the investigation or | ||||||
11 | preparation of such
information, or by voluntarily reporting to | ||||||
12 | the Disciplinary Board
or a peer review committee information | ||||||
13 | regarding alleged errors or negligence by a person licensed | ||||||
14 | under this Act, or by participating in proceedings of the
| ||||||
15 | Disciplinary Board or a peer review committee , or by serving as | ||||||
16 | a member of the
Disciplinary Board or a peer review committee , | ||||||
17 | shall not, as a result of such actions,
be subject to criminal | ||||||
18 | prosecution or civil damages.
| ||||||
19 | (D) Indemnification. Members of the Disciplinary
Board, | ||||||
20 | the Medical Coordinators, the Disciplinary Board's
attorneys, | ||||||
21 | the medical investigative staff, physicians
retained under | ||||||
22 | contract to assist and advise the medical
coordinators in the | ||||||
23 | investigation, and authorized clerical
staff shall be | ||||||
24 | indemnified by the State for any actions
occurring within the | ||||||
25 | scope of services on the Disciplinary
Board, done in good faith | ||||||
26 | and not wilful and wanton in
nature. The Attorney General shall | ||||||
27 | defend all such actions
unless he or she determines either that | ||||||
28 | there would be a
conflict of interest in such representation or | ||||||
29 | that the
actions complained of were not in good faith or were | ||||||
30 | wilful
and wanton.
| ||||||
31 | Should the Attorney General decline representation, the
| ||||||
32 | member shall have the right to employ counsel of his or her
| ||||||
33 | choice, whose fees shall be provided by the State, after
| ||||||
34 | approval by the Attorney General, unless there is a
|
| |||||||
| |||||||
1 | determination by a court that the member's actions were not
in | ||||||
2 | good faith or were wilful and wanton.
| ||||||
3 | The member must notify the Attorney General within 7
days | ||||||
4 | of receipt of notice of the initiation of any action
involving | ||||||
5 | services of the Disciplinary Board. Failure to so
notify the | ||||||
6 | Attorney General shall constitute an absolute
waiver of the | ||||||
7 | right to a defense and indemnification.
| ||||||
8 | The Attorney General shall determine within 7 days
after | ||||||
9 | receiving such notice, whether he or she will
undertake to | ||||||
10 | represent the member.
| ||||||
11 | (E) Deliberations of Disciplinary Board. Upon the
receipt | ||||||
12 | of any report called for by this Act, other than
those reports | ||||||
13 | of impaired persons licensed under this Act
required pursuant | ||||||
14 | to the rules of the Disciplinary Board,
the Disciplinary Board | ||||||
15 | shall notify in writing, by certified
mail, the person who is | ||||||
16 | the subject of the report. Such
notification shall be made | ||||||
17 | within 30 days of receipt by the
Disciplinary Board of the | ||||||
18 | report.
| ||||||
19 | The notification shall include a written notice setting
| ||||||
20 | forth the person's right to examine the report. Included in
| ||||||
21 | such notification shall be the address at which the file is
| ||||||
22 | maintained, the name of the custodian of the reports, and
the | ||||||
23 | telephone number at which the custodian may be reached.
The | ||||||
24 | person who is the subject of the report shall submit a written | ||||||
25 | statement responding,
clarifying, adding to, or proposing the | ||||||
26 | amending of the
report previously filed. The person who is the | ||||||
27 | subject of the report shall also submit with the written | ||||||
28 | statement any medical records related to the report. The | ||||||
29 | statement and accompanying medical records shall become a
| ||||||
30 | permanent part of the file and must be received by the
| ||||||
31 | Disciplinary Board no more than
30
60 days after the date on
| ||||||
32 | which the person was notified by the Disciplinary Board of the | ||||||
33 | existence of
the
original report.
| ||||||
34 | The Disciplinary Board shall review all reports
received by |
| |||||||
| |||||||
1 | it, together with any supporting information and
responding | ||||||
2 | statements submitted by persons who are the
subject of reports. | ||||||
3 | The review by the Disciplinary Board
shall be in a timely | ||||||
4 | manner but in no event, shall the
Disciplinary Board's initial | ||||||
5 | review of the material
contained in each disciplinary file be | ||||||
6 | less than 61 days nor
more than 180 days after the receipt of | ||||||
7 | the initial report
by the Disciplinary Board.
| ||||||
8 | When the Disciplinary Board makes its initial review of
the | ||||||
9 | materials contained within its disciplinary files, the
| ||||||
10 | Disciplinary Board shall, in writing, make a determination
as | ||||||
11 | to whether there are sufficient facts to warrant further
| ||||||
12 | investigation or action. Failure to make such determination
| ||||||
13 | within the time provided shall be deemed to be a
determination | ||||||
14 | that there are not sufficient facts to warrant
further | ||||||
15 | investigation or action.
| ||||||
16 | Should the Disciplinary Board find that there are not
| ||||||
17 | sufficient facts to warrant further investigation, or
action, | ||||||
18 | the report shall be accepted for filing and the
matter shall be | ||||||
19 | deemed closed and so reported to the Director. The Director
| ||||||
20 | shall then have 30 days to accept the Medical Disciplinary | ||||||
21 | Board's decision or
request further investigation. The | ||||||
22 | Director shall inform the Board in writing
of the decision to | ||||||
23 | request further investigation, including the specific
reasons | ||||||
24 | for the decision. The
individual or entity filing the original | ||||||
25 | report or complaint
and the person who is the subject of the | ||||||
26 | report or complaint
shall be notified in writing by the | ||||||
27 | Director of
any final action on their report or complaint.
| ||||||
28 | (F) Summary reports. The Disciplinary Board shall
prepare, | ||||||
29 | on a timely basis, but in no event less than one
every other | ||||||
30 | month, a summary report of final actions taken
upon | ||||||
31 | disciplinary files maintained by the Disciplinary Board.
The | ||||||
32 | summary reports shall be sent by the Disciplinary Board
to | ||||||
33 | every health care facility licensed by the Illinois
Department | ||||||
34 | of Public Health, every professional association
and society of |
| |||||||
| |||||||
1 | persons licensed under this Act functioning
on a statewide | ||||||
2 | basis in this State, the American Medical
Association, the | ||||||
3 | American Osteopathic Association, the
American Chiropractic | ||||||
4 | Association, all insurers providing
professional liability | ||||||
5 | insurance to persons licensed under
this Act in the State of | ||||||
6 | Illinois, the Federation of State
Medical Licensing Boards, and | ||||||
7 | the Illinois Pharmacists
Association.
| ||||||
8 | (G) Any violation of this Section shall be a Class A
| ||||||
9 | misdemeanor.
| ||||||
10 | (H) If any such person violates the provisions of this
| ||||||
11 | Section an action may be brought in the name of the People
of | ||||||
12 | the State of Illinois, through the Attorney General of
the | ||||||
13 | State of Illinois, for an order enjoining such violation
or for | ||||||
14 | an order enforcing compliance with this Section.
Upon filing of | ||||||
15 | a verified petition in such court, the court
may issue a | ||||||
16 | temporary restraining order without notice or
bond and may | ||||||
17 | preliminarily or permanently enjoin such
violation, and if it | ||||||
18 | is established that such person has
violated or is violating | ||||||
19 | the injunction, the court may
punish the offender for contempt | ||||||
20 | of court. Proceedings
under this paragraph shall be in addition | ||||||
21 | to, and not in
lieu of, all other remedies and penalties | ||||||
22 | provided for by
this Section.
| ||||||
23 | (Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97; 90-699, | ||||||
24 | eff.
1-1-99.)
| ||||||
25 | (225 ILCS 60/24) (from Ch. 111, par. 4400-24)
| ||||||
26 | (Section scheduled to be repealed on January 1, 2007)
| ||||||
27 | Sec. 24. Report of violations; medical associations. Any | ||||||
28 | physician
licensed under this Act, the
Illinois State Medical | ||||||
29 | Society, the Illinois Association of
Osteopathic Physicians | ||||||
30 | and Surgeons, the Illinois
Chiropractic Society, the Illinois | ||||||
31 | Prairie State Chiropractic Association,
or any component | ||||||
32 | societies of any of
these 4 groups, and any other person, may | ||||||
33 | report to the
Disciplinary Board any information the physician,
|
| |||||||
| |||||||
1 | association, society, or person may have that appears to
show | ||||||
2 | that a physician is or may be in violation of any of
the | ||||||
3 | provisions of Section 22 of this Act.
| ||||||
4 | The Department may enter into agreements with the
Illinois | ||||||
5 | State Medical Society, the Illinois Association of
Osteopathic | ||||||
6 | Physicians and Surgeons, the Illinois Prairie State | ||||||
7 | Chiropractic
Association, or the Illinois
Chiropractic Society | ||||||
8 | to allow these
organizations to assist the Disciplinary Board | ||||||
9 | in the review
of alleged violations of this Act. Subject to the | ||||||
10 | approval
of the Department, any organization party to such an
| ||||||
11 | agreement may subcontract with other individuals or
| ||||||
12 | organizations to assist in review.
| ||||||
13 | Any physician, association, society, or person
| ||||||
14 | participating in good faith in the making of a report , under
| ||||||
15 | this Act or participating in or assisting with an
investigation | ||||||
16 | or review under this Act
Section shall have
immunity from any | ||||||
17 | civil, criminal, or other liability that might result by reason | ||||||
18 | of those actions.
| ||||||
19 | The medical information in the custody of an entity
under | ||||||
20 | contract with the Department participating in an
investigation | ||||||
21 | or review shall be privileged and confidential
to the same | ||||||
22 | extent as are information and reports under the
provisions of | ||||||
23 | Part 21 of Article VIII of the Code of Civil
Procedure.
| ||||||
24 | Upon request by the Department after a mandatory report has | ||||||
25 | been filed with the Department, an attorney for any party | ||||||
26 | seeking to recover damages for
injuries or death by reason of | ||||||
27 | medical, hospital, or other healing art
malpractice shall | ||||||
28 | provide patient records related to the physician involved in | ||||||
29 | the disciplinary proceeding to the Department within 30 days of | ||||||
30 | the Department's request for use by the Department in any | ||||||
31 | disciplinary matter under this Act. An attorney who provides | ||||||
32 | patient records to the Department in accordance with this | ||||||
33 | requirement shall not be deemed to have violated any | ||||||
34 | attorney-client privilege. Notwithstanding any other provision |
| |||||||
| |||||||
1 | of law, consent by a patient shall not be required for the | ||||||
2 | provision of patient records in accordance with this | ||||||
3 | requirement.
| ||||||
4 | For the purpose of any civil or criminal proceedings,
the | ||||||
5 | good faith of any physician, association, society
or person | ||||||
6 | shall be presumed. The Disciplinary Board may
request the | ||||||
7 | Illinois State Medical Society, the Illinois
Association of | ||||||
8 | Osteopathic Physicians and Surgeons, the Illinois Prairie
| ||||||
9 | State Chiropractic Association, or the
Illinois Chiropractic | ||||||
10 | Society to assist the Disciplinary
Board in preparing for or | ||||||
11 | conducting any medical competency
examination as the Board may | ||||||
12 | deem appropriate.
| ||||||
13 | (Source: P.A. 88-324.)
| ||||||
14 | (225 ILCS 60/36) (from Ch. 111, par. 4400-36)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2007)
| ||||||
16 | Sec. 36. Upon the motion of either the Department
or the | ||||||
17 | Disciplinary Board or upon the verified complaint in
writing of | ||||||
18 | any person setting forth facts which, if proven,
would | ||||||
19 | constitute grounds for suspension or revocation under
Section | ||||||
20 | 22 of this Act, the Department shall investigate the
actions of | ||||||
21 | any person, so accused, who holds or represents
that they hold | ||||||
22 | a license. Such person is hereinafter called
the accused.
| ||||||
23 | The Department shall, before suspending, revoking,
placing | ||||||
24 | on probationary status, or taking any other
disciplinary action | ||||||
25 | as the Department may deem proper with
regard to any license at | ||||||
26 | least 30 days prior to the date set
for the hearing, notify the | ||||||
27 | accused in writing of any
charges made and the time and place | ||||||
28 | for a hearing of the
charges before the Disciplinary Board, | ||||||
29 | direct them to file
their written answer thereto to the | ||||||
30 | Disciplinary Board under
oath within 20 days after the service | ||||||
31 | on them of such notice
and inform them that if they fail to | ||||||
32 | file such answer
default will be taken against them and their | ||||||
33 | license may be
suspended, revoked, placed on probationary |
| |||||||
| |||||||
1 | status, or have
other disciplinary action, including limiting | ||||||
2 | the scope,
nature or extent of their practice, as the | ||||||
3 | Department may
deem proper taken with regard thereto.
| ||||||
4 | Where a physician has been found, upon complaint and
| ||||||
5 | investigation of the Department, and after hearing, to have
| ||||||
6 | performed an abortion procedure in a wilful and wanton
manner | ||||||
7 | upon a woman who was not pregnant at the time such
abortion | ||||||
8 | procedure was performed, the Department shall
automatically | ||||||
9 | revoke the license of such physician to
practice medicine in | ||||||
10 | Illinois.
| ||||||
11 | Such written notice and any notice in such proceedings
| ||||||
12 | thereafter may be served by delivery of the same,
personally, | ||||||
13 | to the accused person, or by mailing the same by
registered or | ||||||
14 | certified mail to the address last theretofore
specified by the | ||||||
15 | accused in their last notification to the
Department.
| ||||||
16 | All information gathered by the Department during its | ||||||
17 | investigation
including information subpoenaed
under Section | ||||||
18 | 23 or 38 of this Act and the investigative file shall be kept | ||||||
19 | for
the confidential use of the Director, Disciplinary Board, | ||||||
20 | the Medical
Coordinators, persons employed by contract to | ||||||
21 | advise the Medical Coordinator or
the Department, the
| ||||||
22 | Disciplinary Board's attorneys, the medical investigative | ||||||
23 | staff, and authorized
clerical staff, as provided in this Act | ||||||
24 | and shall be afforded the same status
as is provided | ||||||
25 | information concerning medical studies in Part 21 of Article
| ||||||
26 | VIII of the Code of Civil Procedure , except that the Department | ||||||
27 | may disclose information and documents to a federal, State, or | ||||||
28 | local law enforcement agency pursuant to a subpoena in an | ||||||
29 | ongoing criminal investigation. Furthermore, information and | ||||||
30 | documents disclosed to a federal, State, or local law | ||||||
31 | enforcement agency may be used by that agency only for the | ||||||
32 | investigation and prosecution of a criminal offense .
| ||||||
33 | (Source: P.A. 90-699, eff. 1-1-99.)
|
| |||||||
| |||||||
1 | Section 320. The Clerks of Courts Act is amended by adding | ||||||
2 | Section 27.10 as follows: | ||||||
3 | (705 ILCS 105/27.10 new)
| ||||||
4 | Sec. 27.10. Director of Insurance. Each clerk of the | ||||||
5 | circuit court shall provide to the Director of Insurance such | ||||||
6 | information as the Director of Insurance requests under Section | ||||||
7 | 155.19 of the Illinois Insurance Code.
| ||||||
8 | Section 325. The Health Care Arbitration Act is amended by | ||||||
9 | changing Sections 8 and 9 as follows:
| ||||||
10 | (710 ILCS 15/8) (from Ch. 10, par. 208)
| ||||||
11 | Sec. 8. Conditions. Every health care arbitration | ||||||
12 | agreement shall be
subject to the following conditions:
| ||||||
13 | (a) The agreement is not a condition to the rendering of | ||||||
14 | health care services
by any party and the agreement has been | ||||||
15 | executed by the recipient of health
care services at the
| ||||||
16 | inception of or during the term of provision of services
for a | ||||||
17 | specific cause by either a health care provider or a hospital; | ||||||
18 | and
| ||||||
19 | (b) The agreement is a separate instrument complete in | ||||||
20 | itself and not
a part of any other contract or instrument and | ||||||
21 | an executed copy of the agreement shall be provided to the | ||||||
22 | patient or the patient's legal representative upon signing ; and
| ||||||
23 | (c) The agreement may not limit, impair, or waive any | ||||||
24 | substantive rights
or defenses of any party, including the | ||||||
25 | statute of limitations; and
| ||||||
26 | (d) The agreement shall not limit, impair, or waive the | ||||||
27 | procedural rights
to be heard, to present material evidence, to | ||||||
28 | cross-examine witnesses, and
to be represented by an attorney, | ||||||
29 | or other procedural rights of due process
of any party.
| ||||||
30 | (e)
As a part of the discharge planning process the patient | ||||||
31 | or, if appropriate,
members of his family must be given a copy |
| |||||||
| |||||||
1 | of the health care arbitration
agreement previously executed by | ||||||
2 | or for the patient and shall re-affirm
it.
| ||||||
3 | Failure to comply with this provision during the discharge | ||||||
4 | planning
process shall void the health care arbitration | ||||||
5 | agreement.
| ||||||
6 | (e) This amendatory Act of the 93rd General Assembly | ||||||
7 | applies to health care arbitration agreements executed on or | ||||||
8 | after its effective date.
| ||||||
9 | (Source: P.A. 80-1012.)
| ||||||
10 | (710 ILCS 15/9) (from Ch. 10, par. 209)
| ||||||
11 | Sec. 9. Mandatory Provisions.
| ||||||
12 | (a) Every health care arbitration agreement
shall be | ||||||
13 | clearly captioned "Health Care Arbitration Agreement".
| ||||||
14 | (b) Every health care arbitration agreement in relation to | ||||||
15 | health care
services rendered during hospitalization shall | ||||||
16 | specify the date of commencement
of hospitalization. Every | ||||||
17 | health care arbitration agreement in relation
to health care | ||||||
18 | services not rendered during hospitalization shall state
the | ||||||
19 | specific cause for which the services are provided.
| ||||||
20 | (c) Every health care arbitration agreement may be | ||||||
21 | cancelled by any
signatory (1) within
120
60 days of its | ||||||
22 | execution
or within
120
60 days of the date of
the patient's | ||||||
23 | discharge from the hospital, whichever is later, as to an
| ||||||
24 | agreement
in relation to health care services rendered during | ||||||
25 | hospitalization , provided,
that if executed other than at the | ||||||
26 | time of discharge of the patient from
the hospital, the health | ||||||
27 | care arbitration agreement be reaffirmed at the
time of the | ||||||
28 | discharge planning process in the same manner as provided for
| ||||||
29 | in the execution of the original agreement ; or (2) within
120
| ||||||
30 | 60 days of the
date of its execution, or the last date of | ||||||
31 | treatment by the health care
provider, whichever is later, as | ||||||
32 | to an agreement in relation to health care
services not | ||||||
33 | rendered during hospitalization. Provided, that no health
care |
| |||||||
| |||||||
1 | arbitration agreement shall be valid after
4
2 years from
the | ||||||
2 | date of
its execution. An employee of a hospital or health care | ||||||
3 | provider who is
not a signatory to an agreement may cancel such | ||||||
4 | agreement as to himself
until 30 days following his | ||||||
5 | notification that he is a party to a dispute
or issue on which | ||||||
6 | arbitration has been demanded pursuant to such agreement.
If | ||||||
7 | any person executing a health care arbitration agreement dies | ||||||
8 | before
the period of cancellation as outlined above, the | ||||||
9 | personal representative
of the decedent shall have the right to | ||||||
10 | cancel the health care arbitration
agreement within
60 days of | ||||||
11 | the date of his appointment as the legal
representative
of the | ||||||
12 | decedent's estate. Provided, that if no legal representative is
| ||||||
13 | appointed within 6 months of the death of said decedent the | ||||||
14 | next of kin
of such decedent shall have the right to cancel the | ||||||
15 | health care arbitration
agreement within 8 months from the date | ||||||
16 | of death.
| ||||||
17 | (d) Every health care arbitration agreement shall
contain | ||||||
18 | immediately above the signature lines, in upper case type in | ||||||
19 | printed
letters of at least 3/16 inch height, a caption and | ||||||
20 | paragraphs as follows:
| ||||||
21 | "AGREEMENT TO ARBITRATE HEALTH CARE
| ||||||
22 | NEGLIGENCE CLAIMS
| ||||||
23 | NOTICE TO PATIENT
| ||||||
24 | YOU CANNOT BE REQUIRED TO SIGN THIS AGREEMENT IN ORDER TO | ||||||
25 | RECEIVE TREATMENT.
BY SIGNING THIS AGREEMENT, YOUR RIGHT TO | ||||||
26 | TRIAL BY A JURY OR A JUDGE IN
A COURT WILL BE BARRED AS TO | ||||||
27 | ANY DISPUTE RELATING TO INJURIES THAT MAY RESULT
FROM | ||||||
28 | NEGLIGENCE DURING YOUR TREATMENT OR CARE, AND WILL BE | ||||||
29 | REPLACED BY AN
ARBITRATION PROCEDURE.
| ||||||
30 | THIS AGREEMENT MAY BE CANCELLED WITHIN
120
60 DAYS OF | ||||||
31 | SIGNING
OR 120
60 DAYS AFTER
YOUR HOSPITAL DISCHARGE , | ||||||
32 | WHICHEVER IS LATER, OR
120
60
DAYS AFTER YOUR LAST
MEDICAL | ||||||
33 | TREATMENT
IN
RELATION TO HEALTH CARE SERVICES NOT RENDERED | ||||||
34 | DURING HOSPITALIZATION.
|
| |||||||
| |||||||
1 | THIS AGREEMENT PROVIDES THAT ANY CLAIMS WHICH MAY ARISE OUT | ||||||
2 | OF YOUR HEALTH
CARE WILL BE SUBMITTED TO A PANEL OF | ||||||
3 | ARBITRATORS, RATHER THAN TO A COURT
FOR DETERMINATION. THIS | ||||||
4 | AGREEMENT REQUIRES ALL PARTIES SIGNING IT TO ABIDE
BY THE | ||||||
5 | DECISION OF THE ARBITRATION PANEL."
| ||||||
6 | (e) An
an executed copy of the AGREEMENT TO ARBITRATE | ||||||
7 | HEALTH CARE CLAIMS
and any reaffirmation of that agreement as | ||||||
8 | required by this Act shall be
given to the patient or the | ||||||
9 | patient's legally authorized representative upon signing
| ||||||
10 | during the time of the discharge planning process or
at the | ||||||
11 | time of discharge .
| ||||||
12 | (f) This amendatory Act of the 93rd General Assembly | ||||||
13 | applies to health care arbitration agreements executed on or | ||||||
14 | after its effective date.
| ||||||
15 | (Source: P.A. 91-156, eff. 1-1-00.)
| ||||||
16 | Section 330. The Code of Civil Procedure is amended by | ||||||
17 | reenacting and changing Sections 2-402, 2-622, 2-1107.1, and | ||||||
18 | 8-2501, by changing Sections 2-1704 and 8-1901, and by adding | ||||||
19 | Sections 2-1105.01 and 2-1721 as follows:
| ||||||
20 | (735 ILCS 5/2-402)
(from Ch. 110, par. 2-402)
| ||||||
21 | (Text of Section WITHOUT the changes made by P.A. 89-7, | ||||||
22 | which has been held
unconstitutional)
| ||||||
23 | Sec. 2-402. Respondents in discovery. The plaintiff
in any | ||||||
24 | civil action may designate as
respondents in discovery in his | ||||||
25 | or her pleading those individuals or
other entities, other than
| ||||||
26 | the named defendants, believed by the plaintiff to have | ||||||
27 | information essential
to the determination of who should | ||||||
28 | properly be named as additional
defendants in the action.
| ||||||
29 | Persons or entities so named as respondents in discovery | ||||||
30 | shall be required
to respond to discovery by the plaintiff in | ||||||
31 | the same manner as are
defendants and may, on motion of the | ||||||
32 | plaintiff, be added as defendants
if the evidence discloses the |
| |||||||
| |||||||
1 | existence of probable cause for such
action.
| ||||||
2 | A person or entity named a respondent in discovery may upon | ||||||
3 | his or
her own motion be
made a defendant in the action, in | ||||||
4 | which case the provisions of this
Section are no longer | ||||||
5 | applicable to that person.
| ||||||
6 | A copy of the complaint shall be served on each person or | ||||||
7 | entity named as a
respondent in discovery.
| ||||||
8 | Each respondent in discovery shall be paid expenses and | ||||||
9 | fees as
provided for witnesses.
| ||||||
10 | A person or entity named as a respondent in discovery in | ||||||
11 | any civil action may
be made a defendant in the same action at | ||||||
12 | any time within 6 months after
being named as a respondent in | ||||||
13 | discovery, even though the time during
which an action may | ||||||
14 | otherwise be initiated against him or her may have expired
| ||||||
15 | during such 6 month period. An extension from the original | ||||||
16 | 6-month period for good cause may be granted only once for up | ||||||
17 | to 90 days for (i) withdrawal of plaintiff's counsel or (ii) | ||||||
18 | good cause. Notwithstanding the limitations in this Section, | ||||||
19 | the court may grant additional reasonable extensions from this | ||||||
20 | 6-month period for a failure or refusal on the part of the | ||||||
21 | respondent to comply with timely filed discovery.
| ||||||
22 | This amendatory Act of the 93rd General Assembly applies to | ||||||
23 | causes of action
pending on or after its effective date.
| ||||||
24 | (Source: P.A. 86-483.)
| ||||||
25 | (735 ILCS 5/2-622) (from Ch. 110, par. 2-622)
| ||||||
26 | (Text of Section WITHOUT the changes made by P.A. 89-7, | ||||||
27 | which has been held
unconstitutional)
| ||||||
28 | Sec. 2-622. Healing art malpractice.
| ||||||
29 | (a) In any action, whether in
tort, contract or otherwise, | ||||||
30 | in which the plaintiff seeks damages for
injuries or death by | ||||||
31 | reason of medical, hospital, or other healing art
malpractice, | ||||||
32 | the plaintiff's attorney or the plaintiff, if the plaintiff is
| ||||||
33 | proceeding pro se, shall file an affidavit, attached to the |
| |||||||
| |||||||
1 | original and
all copies of the complaint, declaring one of the | ||||||
2 | following:
| ||||||
3 | 1. That the affiant has consulted and reviewed the | ||||||
4 | facts of the case
with a health professional who the | ||||||
5 | affiant reasonably believes: (i) is
knowledgeable in the | ||||||
6 | relevant issues involved in the particular action;
(ii) | ||||||
7 | practices or has practiced within the last 5
6 years or | ||||||
8 | teaches or
has taught within the last 5
6 years in the same | ||||||
9 | area of health care or
medicine that is at issue in the | ||||||
10 | particular action; and (iii) meets the expert witness | ||||||
11 | standards set forth in paragraphs (a) through (d) of | ||||||
12 | Section 8-2501;
is qualified
by experience or demonstrated | ||||||
13 | competence in the subject of the case; that
the reviewing | ||||||
14 | health professional has determined in a
written report, | ||||||
15 | after a review of the medical record and other relevant
| ||||||
16 | material involved in the particular action that there is a | ||||||
17 | reasonable and
meritorious cause for the filing of such | ||||||
18 | action; and that the affiant has
concluded on the basis of | ||||||
19 | the reviewing health professional's review and
| ||||||
20 | consultation that there is a reasonable and meritorious | ||||||
21 | cause for filing of
such action. A single written report | ||||||
22 | must be filed to cover each defendant in the action. As to | ||||||
23 | defendants who are individuals, the
If the affidavit is | ||||||
24 | filed as to a defendant who is a physician
licensed to | ||||||
25 | treat human ailments without the use of drugs or medicines | ||||||
26 | and
without operative surgery, a dentist, a podiatrist, a | ||||||
27 | psychologist, or a
naprapath,
The written report must be | ||||||
28 | from a health professional
licensed in the same profession, | ||||||
29 | with the same class of license, as the
defendant. For | ||||||
30 | written reports
affidavits filed as to all other | ||||||
31 | defendants, who are not individuals, the written
report | ||||||
32 | must be from a physician licensed to practice medicine in | ||||||
33 | all its
branches who is qualified by experience with the | ||||||
34 | standard of care, methods, procedures and treatments |
| |||||||
| |||||||
1 | relevant to the allegations at issue in the case . In either | ||||||
2 | event, the written report
affidavit must identify the | ||||||
3 | profession of
the reviewing health professional. A copy of | ||||||
4 | the written report, clearly
identifying the plaintiff and | ||||||
5 | the reasons for the reviewing health
professional's | ||||||
6 | determination that a reasonable and meritorious cause for
| ||||||
7 | the filing of the action exists, must be attached to the | ||||||
8 | affidavit, but
information which would identify the | ||||||
9 | reviewing health professional may be
deleted from the copy | ||||||
10 | so attached.
The report must contain the affirmations set | ||||||
11 | forth in items (i) through (iii) of this paragraph 1. At | ||||||
12 | the first Supreme Court Rule 218 case management | ||||||
13 | conference, the plaintiff shall present to the court the | ||||||
14 | original signed health professional's report, along with | ||||||
15 | the health professional's current license number and state | ||||||
16 | of licensure and curriculum vitae, for an in camera | ||||||
17 | inspection. The court shall verify whether the report and | ||||||
18 | affidavit comply with the requirements of this paragraph 1. | ||||||
19 | The court, in verifying whether the report and affidavit | ||||||
20 | comply with the requirements of this paragraph 1, shall | ||||||
21 | determine whether the health professional preparing the | ||||||
22 | report is qualified and the determination shall be either | ||||||
23 | in writing or transcribed. If the court finds that the | ||||||
24 | report, the health professional's current license | ||||||
25 | information or curriculum vitae, or the affidavit is | ||||||
26 | deficient, the court may request from the plaintiff all | ||||||
27 | documents it deems necessary to make its decision and shall | ||||||
28 | allow for a reasonable opportunity to provide any requested | ||||||
29 | documents and to amend that report or affidavit; provided, | ||||||
30 | if the statute of limitations has tolled, the judge may | ||||||
31 | grant only one extension not exceeding 120 days. The | ||||||
32 | court's verification as to whether the health professional | ||||||
33 | preparing the report is qualified shall be issued to all | ||||||
34 | parties and be made a part of the official record. The |
| |||||||
| |||||||
1 | original report, the health professional's current license | ||||||
2 | number and state of licensure and curriculum vitae, and any | ||||||
3 | documents requested by the court shall remain under seal | ||||||
4 | and part of the court record. Notwithstanding the other | ||||||
5 | provisions of this Section, the judge may disclose the name | ||||||
6 | and address of the reviewing health professional upon a | ||||||
7 | showing of good cause by the defendant who in good faith | ||||||
8 | challenges the qualifications of the health professional | ||||||
9 | based on information available to the defendant. If the | ||||||
10 | information is disclosed at the trial level, then it shall | ||||||
11 | be confidential and it shall not be disclosed by the | ||||||
12 | defendant to a third party.
| ||||||
13 | 2.
That the affiant was unable to obtain a consultation | ||||||
14 | required by
paragraph 1 because a statute of limitations | ||||||
15 | would impair the action and
the consultation required could | ||||||
16 | not be obtained before the expiration of
the statute of | ||||||
17 | limitations. If an affidavit is executed pursuant to this
| ||||||
18 | paragraph, the affidavit
certificate and written report | ||||||
19 | required by paragraph 1 shall
be filed within 90 days after | ||||||
20 | the filing of the complaint. No additional 90-day | ||||||
21 | extensions pursuant to this paragraph shall be granted, | ||||||
22 | except where there has been a withdrawal of the plaintiff's | ||||||
23 | counsel. The defendant
shall be excused from answering or | ||||||
24 | otherwise pleading until 30 days after
being served with an | ||||||
25 | affidavit and a report
a certificate
required by paragraph | ||||||
26 | 1.
| ||||||
27 | 3.
That a request has been made by the plaintiff or his | ||||||
28 | attorney for
examination and copying of records pursuant to | ||||||
29 | Part 20 of Article VIII of
this Code and the party required | ||||||
30 | to comply under those Sections has failed
to produce such | ||||||
31 | records within 60 days of the receipt of the request. If an
| ||||||
32 | affidavit is executed pursuant to this paragraph, the | ||||||
33 | affidavit
certificate and
written report required by | ||||||
34 | paragraph 1 shall be filed within 90 days
following receipt |
| |||||||
| |||||||
1 | of the requested records. All defendants except those
whose | ||||||
2 | failure to comply with Part 20 of Article VIII of this Code | ||||||
3 | is the
basis for an affidavit under this paragraph shall be | ||||||
4 | excused from answering
or otherwise pleading until 30 days | ||||||
5 | after being served with the affidavit and report
| ||||||
6 | certificate
required by paragraph 1.
| ||||||
7 | (b)
Where an affidavit
a certificate and written report are | ||||||
8 | required pursuant to this
Section a separate affidavit
| ||||||
9 | certificate and written report shall be filed as to each
| ||||||
10 | defendant who has been named in the complaint and shall be | ||||||
11 | filed as to each
defendant named at a later time.
| ||||||
12 | (c)
Where the plaintiff intends to rely on the doctrine of | ||||||
13 | "res ipsa
loquitur", as defined by Section 2-1113 of this Code, | ||||||
14 | the affidavit
certificate and
written report must state that, | ||||||
15 | in the opinion of the reviewing health
professional, negligence | ||||||
16 | has occurred in the course of medical treatment.
The affiant | ||||||
17 | shall certify upon filing of the complaint that he is relying
| ||||||
18 | on the doctrine of "res ipsa loquitur".
| ||||||
19 | (d)
When the attorney intends to rely on the doctrine of | ||||||
20 | failure to
inform of the consequences of the procedure, the | ||||||
21 | attorney shall certify
upon the filing of the complaint that | ||||||
22 | the reviewing health professional
has, after reviewing the | ||||||
23 | medical record and other relevant materials involved
in the | ||||||
24 | particular action, concluded that a reasonable health | ||||||
25 | professional
would have informed the patient of the | ||||||
26 | consequences of the procedure.
| ||||||
27 | (e)
Allegations and denials in the affidavit, made without | ||||||
28 | reasonable
cause and found to be untrue, shall subject the | ||||||
29 | party pleading them or his
attorney, or both, to the payment of | ||||||
30 | reasonable expenses, actually incurred
by the other party by | ||||||
31 | reason of the untrue pleading, together with
reasonable | ||||||
32 | attorneys' fees to be summarily taxed by the court upon motion
| ||||||
33 | made within 30 days of the judgment or dismissal. In no event | ||||||
34 | shall the
award for attorneys' fees and expenses exceed those |
| |||||||
| |||||||
1 | actually paid by the
moving party, including the insurer, if | ||||||
2 | any. In proceedings under this
paragraph (e), the moving party | ||||||
3 | shall have the right to depose and examine
any and all | ||||||
4 | reviewing health professionals who prepared reports used in
| ||||||
5 | conjunction with an affidavit required by this Section. | ||||||
6 | (f)
A reviewing health professional who in good faith | ||||||
7 | prepares a report
used in conjunction with an affidavit | ||||||
8 | required by this Section shall have
civil immunity from | ||||||
9 | liability which otherwise might result from the
preparation of | ||||||
10 | such report.
| ||||||
11 | (g)
The failure of the plaintiff to file an affidavit and | ||||||
12 | report in compliance with
to file a certificate required by
| ||||||
13 | this Section shall be
grounds for dismissal
under Section | ||||||
14 | 2-619.
| ||||||
15 |
(h) This Section does not apply to or affect any actions | ||||||
16 | pending
at the time of its effective date, but applies to cases | ||||||
17 | filed on or
after its effective date.
| ||||||
18 |
(i) This amendatory Act of 1997 does not apply to or | ||||||
19 | affect any actions
pending at the time of its effective date, | ||||||
20 | but applies to cases filed on or
after its effective date.
| ||||||
21 | (j) This amendatory Act of the 93rd General Assembly | ||||||
22 | applies to causes of action
accruing on or after its effective | ||||||
23 | date.
| ||||||
24 | (Source: P.A. 86-646; 90-579, eff. 5-1-98.)
| ||||||
25 | (735 ILCS 5/2-1105.01 new)
| ||||||
26 | Sec. 2-1105.01. Personal assets protected in healing art | ||||||
27 | malpractice cases. In all cases, whether tort, contract, or | ||||||
28 | otherwise, in which the plaintiff seeks damages by reason of | ||||||
29 | medical healing art malpractice, a physician who maintains at | ||||||
30 | least a minimum of $1,000,000 in professional liability | ||||||
31 | insurance coverage to cover a claim against him or her is | ||||||
32 | entitled to an exemption of his or her assets from attachment, | ||||||
33 | garnishment, or other form of forfeiture to satisfy any |
| |||||||
| |||||||
1 | judgment or verdict in the amount equal to 2 times the maximum | ||||||
2 | amount payable per occurrence under his or her insurance | ||||||
3 | coverage. Corporate assets are subject to attachment for | ||||||
4 | satisfaction of a judgment. For the purposes of this Section, | ||||||
5 | "asset" includes, without limitation, any asset, property | ||||||
6 | (real or personal), interest, or other thing of value, of any | ||||||
7 | kind or character whatsoever that would otherwise be subject to | ||||||
8 | immediate execution to satisfy a judgment. | ||||||
9 | This Section shall not restrict, impair, or otherwise | ||||||
10 | affect the amount of damages that may be awarded to the | ||||||
11 | plaintiff or the amount of any judgment in favor of the | ||||||
12 | plaintiff. This Section shall not restrict, impair, or | ||||||
13 | otherwise affect the statutory and common law causes of action | ||||||
14 | a physician or the physician's assignee has against the | ||||||
15 | physician's insurer for the insurer acting in bad faith or | ||||||
16 | vexatiously and without reasonable cause by failing to settle | ||||||
17 | the action against the physician within the physician's | ||||||
18 | insurance policy limits. The plaintiff shall be required to | ||||||
19 | prove all the elements of any such cause of action. This | ||||||
20 | Section shall not reduce or limit the damages that otherwise | ||||||
21 | would have been recoverable in any such action.
| ||||||
22 | (735 ILCS 5/2-1107.1) (from Ch. 110, par. 2-1107.1)
| ||||||
23 | (Text of Section WITHOUT the changes made by P.A. 89-7, | ||||||
24 | which has been held
unconstitutional)
| ||||||
25 | Sec. 2-1107.1. Jury instruction in tort actions.
| ||||||
26 | (a) In all actions
on account of bodily injury or death or | ||||||
27 | physical damage to
property based on
negligence, or product | ||||||
28 | liability based on strict tort liability, the court
shall | ||||||
29 | instruct the jury in writing that the defendant shall be found | ||||||
30 | not liable
if the jury finds that the contributory fault of the | ||||||
31 | plaintiff is more
than 50% of the proximate cause of the injury | ||||||
32 | or damage for which recovery is
sought.
| ||||||
33 | (b) In all healing art malpractice actions, the court shall |
| |||||||
| |||||||
1 | instruct the jury in writing whether or not any award of | ||||||
2 | compensatory damages will be taxable under federal or State | ||||||
3 | income tax law.
| ||||||
4 | The changes to this Section made by this amendatory Act of | ||||||
5 | the 93rd General Assembly apply to causes of action filed on or | ||||||
6 | after its effective date.
| ||||||
7 | (Source: P.A. 84-1431.)
| ||||||
8 | (735 ILCS 5/2-1704) (from Ch. 110, par. 2-1704)
| ||||||
9 | Sec. 2-1704. Healing art malpractice
Medical Malpractice | ||||||
10 | Action . As used in this Code
Part ,
" healing art
medical
| ||||||
11 | malpractice action" means any action, whether in tort, contract | ||||||
12 | or
otherwise, in which the plaintiff seeks damages for injuries | ||||||
13 | or death by
reason of medical, hospital, or other healing art | ||||||
14 | malpractice including but not limited to medical, hospital, | ||||||
15 | nursing, dental, or podiatric malpractice .
The term "healing | ||||||
16 | art" shall not include care and
treatment by spiritual means | ||||||
17 | through prayer in accord with the tenets and
practices of a | ||||||
18 | recognized church or religious denomination.
| ||||||
19 | (Source: P.A. 84-7.)
| ||||||
20 | (735 ILCS 5/2-1721 new) | ||||||
21 | Sec. 2-1721. Hospitals; apparent or ostensible agency.
| ||||||
22 | (a) A hospital shall not be liable for the conduct of a | ||||||
23 | non-employee member of its medical staff under any claim based | ||||||
24 | upon apparent or ostensible agency as a matter of law, | ||||||
25 | provided: | ||||||
26 | (1) the patient was unconscious or unaware of his or | ||||||
27 | her surroundings upon arrival at the hospital and the | ||||||
28 | patient's legal representative was not present at the time | ||||||
29 | to be informed that the non-employee member of its medical | ||||||
30 | staff is not an agent or employee of the hospital; or | ||||||
31 | (2) the specific member of the hospital's medical staff | ||||||
32 | personally informed the patient, or his or her legal |
| |||||||
| |||||||
1 | representative, if present, before rendering treatment | ||||||
2 | that he or she was not an agent or employee of the | ||||||
3 | hospital. | ||||||
4 | (b) A hospital shall not be liable for the conduct of a | ||||||
5 | non-employee member of its medical staff under any claim based | ||||||
6 | upon apparent or ostensible agency, provided: | ||||||
7 | (1) the following disclosure is provided to the patient | ||||||
8 | prior to the provision of the care in question in a | ||||||
9 | separate document, complete in itself and not part of any | ||||||
10 | other contract or instrument, which shall contain in upper | ||||||
11 | case type in printed letters of at least 3/16 inch height a | ||||||
12 | caption and statement as follows: | ||||||
13 | NOTICE OF STATUS OF TREATING PHYSICIANS
| ||||||
14 | SOME PHYSICIANS WHO WILL TREAT YOU AT THIS HOSPITAL MAY NOT | ||||||
15 | BE EMPLOYEES OF THE HOSPITAL AND AS SUCH, THE HOSPITAL IS | ||||||
16 | NOT RESPONSIBLE FOR ANY CONDUCT OF ANY NON-EMPLOYEE | ||||||
17 | PHYSICIANS ON THE BASIS THAT THEY ARE HOSPITAL AGENTS OR | ||||||
18 | EMPLOYEES; and
| ||||||
19 | (2) if the patient is asked to sign the disclosure, the | ||||||
20 | disclosure shall contain immediately above the signature | ||||||
21 | lines, in upper case bold type printed letters of at least | ||||||
22 | 3/16 inch height, a statement that the patient cannot be | ||||||
23 | required to sign the disclosure in order to receive | ||||||
24 | treatment; and | ||||||
25 | (3) the patient was not required to sign the disclosure | ||||||
26 | in order to receive treatment; and | ||||||
27 | (4) such disclosure is provided in a reasonable and | ||||||
28 | meaningful manner. In determining if a disclosure | ||||||
29 | satisfies the requirements of this item (4), the trier of | ||||||
30 | fact shall consider only the following factors: | ||||||
31 | (A) Whether the patient knowingly and voluntarily | ||||||
32 | signed the disclosure. | ||||||
33 | (B) Whether the hospital provided an opportunity | ||||||
34 | for the patient to ask questions. |
| |||||||
| |||||||
1 | (C) Whether the patient's questions about this | ||||||
2 | disclosure were answered and the contents of the | ||||||
3 | answers. | ||||||
4 | (D) Whether such disclosure was provided orally | ||||||
5 | and in writing. | ||||||
6 | (E) Whether a reasonable person under the | ||||||
7 | circumstances should have understood the disclosure. | ||||||
8 | As used in this subsection (b), "patient" refers to the | ||||||
9 | patient or any legal representative of the patient. | ||||||
10 | (c) Nothing in this Section shall be construed as imposing | ||||||
11 | an obligation on a hospital to provide any particular health | ||||||
12 | care service, treatment, or procedure to a patient. | ||||||
13 | (d) Nothing in this Section precludes any other defense to | ||||||
14 | a claim of apparent or ostensible agency. | ||||||
15 | (e) This amendatory Act of the 93rd General Assembly | ||||||
16 | applies to causes of action accruing on or after its effective | ||||||
17 | date.
| ||||||
18 | (735 ILCS 5/8-1901) (from Ch. 110, par. 8-1901)
| ||||||
19 | Sec. 8-1901. Admission of liability - Effect. | ||||||
20 | (a) The providing of, or payment
for, medical, surgical,
| ||||||
21 | hospital, or rehabilitation services, facilities, or equipment | ||||||
22 | by or on
behalf of any person, or the offer to provide, or pay | ||||||
23 | for, any one or
more of the foregoing, shall not be construed | ||||||
24 | as an admission of any
liability by such person or persons. | ||||||
25 | Testimony, writings, records,
reports or information with | ||||||
26 | respect to the foregoing shall not be
admissible in evidence as | ||||||
27 | an admission of any liability in any action of
any kind in any | ||||||
28 | court or before any commission, administrative agency,
or other | ||||||
29 | tribunal in this State, except at the instance of the person or
| ||||||
30 | persons so making any such provision, payment or offer.
| ||||||
31 | (b) Any expression of grief, apology, or explanation | ||||||
32 | provided by a health care provider, including, but not limited | ||||||
33 | to, a statement that the health care provider is "sorry" for |
| |||||||
| |||||||
1 | the outcome to a patient, the patient's family, or the | ||||||
2 | patient's legal representative about an inadequate or | ||||||
3 | unanticipated treatment or care outcome that is provided within | ||||||
4 | 72 hours of when the provider knew or should have known of the | ||||||
5 | potential cause of such outcome shall not be admissible as | ||||||
6 | evidence in any action of any kind in any court or before any | ||||||
7 | tribunal, board, agency, or person. The disclosure of any such | ||||||
8 | information, whether proper, or improper, shall not waive or | ||||||
9 | have any effect upon its confidentiality or inadmissibility. As | ||||||
10 | used in this Section, a "health care provider" is any hospital, | ||||||
11 | nursing home or other facility, or employee or agent thereof, a | ||||||
12 | physician, or other licensed health care professional. Nothing | ||||||
13 | in this Section precludes the discovery or admissibility of any | ||||||
14 | other facts regarding the patient's treatment or outcome as | ||||||
15 | otherwise permitted by law.
| ||||||
16 | (Source: P.A. 82-280.)
| ||||||
17 | (735 ILCS 5/8-2501) (from Ch. 110, par. 8-2501)
| ||||||
18 | (Text of Section WITHOUT the changes made by P.A. 89-7, | ||||||
19 | which has been held
unconstitutional)
| ||||||
20 | Sec. 8-2501. Expert Witness Standards. In any case in which | ||||||
21 | the standard of
care applicable to
given by a medical | ||||||
22 | professional
profession is at issue, the court shall apply the
| ||||||
23 | following standards to determine if a witness qualifies as an | ||||||
24 | expert witness
and can testify on the issue of the appropriate | ||||||
25 | standard of care.
| ||||||
26 | (a) Whether the witness is board certified or board | ||||||
27 | eligible, or has completed a residency, in the same or | ||||||
28 | substantially similar medical specialties as the defendant and | ||||||
29 | is otherwise qualified by significant experience with the | ||||||
30 | standard of care, methods, procedures, and treatments relevant | ||||||
31 | to the allegations against the defendant
Relationship of the | ||||||
32 | medical specialties of the witness to the medical
problem or | ||||||
33 | problems
and the type of treatment administered in the case ;
|
| |||||||
| |||||||
1 | (b) Whether the witness has devoted
a majority
substantial | ||||||
2 | portion of his or her
work time to the practice of medicine, | ||||||
3 | teaching or University based research
in relation to the | ||||||
4 | medical care and type of treatment at issue which gave
rise to | ||||||
5 | the medical problem of which the plaintiff complains;
| ||||||
6 | (c)
whether the witness is licensed
in the same profession | ||||||
7 | with the same class of license as the defendant if the | ||||||
8 | defendant is an individual ; and
| ||||||
9 | (d) whether, in the case against a nonspecialist, the | ||||||
10 | witness can
demonstrate a sufficient familiarity with the | ||||||
11 | standard of care practiced in
this State.
| ||||||
12 | An expert shall provide evidence of active practice, | ||||||
13 | teaching, or engaging in university-based research. If | ||||||
14 | retired, an expert must provide evidence of attendance and | ||||||
15 | completion of continuing education courses for 3 years previous | ||||||
16 | to giving testimony. An expert who has not actively practiced, | ||||||
17 | taught, or been engaged in university-based research, or any | ||||||
18 | combination thereof, during the preceding 5 years may not be | ||||||
19 | qualified as an expert witness.
| ||||||
20 | This amendatory Act of the 93rd General Assembly applies to | ||||||
21 | causes of action filed on or after its effective date.
| ||||||
22 | (Source: P.A. 84-7.)
| ||||||
23 | Section 340. The Good Samaritan Act is amended by changing | ||||||
24 | Section 30 as follows:
| ||||||
25 | (745 ILCS 49/30)
| ||||||
26 | Sec. 30. Free medical clinic; exemption from civil | ||||||
27 | liability for services
performed without compensation.
| ||||||
28 | (a) A person licensed under the Medical Practice Act of | ||||||
29 | 1987, a person
licensed to practice the treatment of human | ||||||
30 | ailments in any
other state or territory of the United States, | ||||||
31 | or a health care professional,
including but not limited to an | ||||||
32 | advanced practice nurse, retired physician, physician
|
| |||||||
| |||||||
1 | assistant, nurse, pharmacist, physical therapist, podiatrist, | ||||||
2 | or social worker
licensed in this State or any other state or | ||||||
3 | territory of the United States,
who, in good faith, provides | ||||||
4 | medical treatment,
diagnosis, or advice as a part of the | ||||||
5 | services of an
established free medical clinic providing care , | ||||||
6 | including but not limited to home visits, without charge to | ||||||
7 | medically indigent patients
which is limited to care that does | ||||||
8 | not require the services of a
licensed hospital or ambulatory | ||||||
9 | surgical treatment center and who receives
no fee or | ||||||
10 | compensation from that source shall not be liable for civil
| ||||||
11 | damages as a result of his or her acts or omissions in
| ||||||
12 | providing that medical treatment, except for willful or wanton | ||||||
13 | misconduct.
| ||||||
14 | (b) For purposes of this Section, a "free medical clinic" | ||||||
15 | is an
organized community based program providing medical care | ||||||
16 | without
charge to individuals unable to pay for it , at which | ||||||
17 | the
care provided does not include the use
of general | ||||||
18 | anesthesia or require an overnight stay in a health-care | ||||||
19 | facility.
| ||||||
20 | (c) The provisions of subsection (a) of this Section do not | ||||||
21 | apply to a
particular case unless the free medical
clinic has | ||||||
22 | posted in a conspicuous place on its premises an explanation of | ||||||
23 | the
exemption from civil liability provided herein.
| ||||||
24 | (d) The immunity from civil damages provided under | ||||||
25 | subsection (a) also
applies to physicians, retired physicians,
| ||||||
26 | hospitals, and other health care providers that provide
further | ||||||
27 | medical treatment, diagnosis, or advice , including but not | ||||||
28 | limited to hospitalization, office visits, and home visits, to | ||||||
29 | a patient upon referral from
an established free medical clinic | ||||||
30 | without fee or compensation.
| ||||||
31 | (d-5) A free medical clinic may receive reimbursement from | ||||||
32 | the Illinois
Department of Public Aid, provided any | ||||||
33 | reimbursements shall be used only to pay
overhead expenses of | ||||||
34 | operating the free medical clinic and may not be used, in
whole |
| |||||||
| |||||||
1 | or in
part, to provide a fee or other compensation to any | ||||||
2 | person licensed under the
Medical
Practice Act of 1987 or any | ||||||
3 | other health care professional
who is receiving an exemption | ||||||
4 | under this Section. Any health care professional receiving an | ||||||
5 | exemption under this Section may not receive any fee or other | ||||||
6 | compensation in connection with any services provided to, or | ||||||
7 | any ownership interest in, the clinic. Medical care shall
not | ||||||
8 | include
an overnight stay in a health care
facility. | ||||||
9 | (e) Nothing in this Section prohibits a free medical clinic | ||||||
10 | from accepting
voluntary contributions for medical services | ||||||
11 | provided to a patient who has
acknowledged his or her ability | ||||||
12 | and willingness to pay a portion of the value
of the medical | ||||||
13 | services provided.
| ||||||
14 | (f) Any voluntary contribution collected for providing | ||||||
15 | care at a free medical
clinic shall be used only to pay | ||||||
16 | overhead expenses of operating the clinic. No
portion of any | ||||||
17 | moneys collected shall be used to provide a fee or other
| ||||||
18 | compensation to any person licensed under Medical Practice Act | ||||||
19 | of 1987.
| ||||||
20 | (g) This amendatory Act of the 93rd General Assembly | ||||||
21 | applies to causes of action
accruing on or after its effective | ||||||
22 | date.
| ||||||
23 | (Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)
| ||||||
24 | ARTICLE 4. SORRY WORKS! PILOT PROGRAM ACT | ||||||
25 | Section 401. Short title. This Article 4 may be cited as | ||||||
26 | the Sorry Works! Pilot Program Act , and references in this | ||||||
27 | Article to "this Act" mean this Article. | ||||||
28 | Section 405. Sorry Works! pilot program. The Sorry Works! | ||||||
29 | pilot program is established. During the first year of the | ||||||
30 | program's operation, participation in the program shall be open | ||||||
31 | to one hospital.
Hospitals may participate only with the |
| |||||||
| |||||||
1 | approval of the hospital administration and the hospital's | ||||||
2 | organized medical staff. During the second year of the | ||||||
3 | program's operation, participation in the program shall be open | ||||||
4 | to one additional hospital.
| ||||||
5 | The first participating hospital selected by the committee | ||||||
6 | established under Section 410 shall be located in a county with | ||||||
7 | a population greater than 200,000 that is contiguous with the | ||||||
8 | Mississippi River. | ||||||
9 | Under the program, participating hospitals and physicians | ||||||
10 | shall promptly acknowledge and apologize for mistakes in | ||||||
11 | patient care and promptly offer fair settlements. | ||||||
12 | Participating hospitals shall encourage patients and families | ||||||
13 | to retain their own legal counsel to ensure that their rights | ||||||
14 | are protected and to help facilitate negotiations for fair | ||||||
15 | settlements. Participating hospitals shall report to the | ||||||
16 | committee their total costs for healing art malpractice | ||||||
17 | verdicts, settlements, and defense litigation for the | ||||||
18 | preceding 5 years to enable the committee to determine average | ||||||
19 | costs for that hospital during that period. The committee shall | ||||||
20 | develop standards and protocols to compare costs for cases | ||||||
21 | handled by traditional means and cases handled under the Sorry | ||||||
22 | Works! protocol. | ||||||
23 | If the committee determines that the total costs of cases | ||||||
24 | handled under the Sorry Works! protocol by a hospital | ||||||
25 | participating in the program exceed the total costs that would | ||||||
26 | have been incurred if the cases had been handled by traditional | ||||||
27 | means, the hospital may apply for a grant from the Sorry Works! | ||||||
28 | Fund, a special fund that is created in the State Treasury, for | ||||||
29 | an amount, as determined by the committee, by which the total | ||||||
30 | costs exceed the total costs that would have been incurred if | ||||||
31 | the cases had been handled by traditional means; however, the | ||||||
32 | total of all grants from the Fund for cases in any single | ||||||
33 | participating hospital in any year may not exceed the amount in | ||||||
34 | the Fund or $2,000,000, whichever is less.
All grants shall be |
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1 | subject to appropriation. Moneys in the Fund shall consist of | ||||||
2 | funds transferred into the Fund or otherwise made available | ||||||
3 | from any source. | ||||||
4 | Section 410. Establishment of committee. | ||||||
5 | (a) A committee is established to develop, oversee, and | ||||||
6 | implement the Sorry Works! pilot program. The committee shall | ||||||
7 | have 10 members, each of whom shall be a voting member. Six | ||||||
8 | members of the committee shall constitute a quorum. The | ||||||
9 | committee shall be comprised as follows:
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10 | (1) The President of the Senate, the Minority Leader of | ||||||
11 | the Senate, the Speaker of the House of Representatives, | ||||||
12 | and the Minority Leader of the House of Representatives | ||||||
13 | shall each appoint 2 members. | ||||||
14 | (2) The Director of Professional Regulation or his or | ||||||
15 | her designee. | ||||||
16 | (3) The Director of Insurance or his or her designee. | ||||||
17 | (b) The committee shall establish criteria for the program, | ||||||
18 | including but not limited to: selection of hospitals, | ||||||
19 | physicians, and insurers to participate in the program; and | ||||||
20 | creation of a subcommittee to review cases from hospitals and | ||||||
21 | determine whether hospitals, physicians, and insurers are | ||||||
22 | entitled to compensation under the program.
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23 | (c) The committee shall communicate with hospitals, | ||||||
24 | physicians, and insurers that are interested in participating | ||||||
25 | in the program. The committee shall make final decisions as to | ||||||
26 | which applicants are accepted for the program. | ||||||
27 | (d) The committee shall report to the Governor and the | ||||||
28 | General Assembly annually. | ||||||
29 | (e) The committee shall publish data regarding the program. | ||||||
30 | (f) Committee members shall receive no compensation for the | ||||||
31 | performance of their duties as members, but each member shall | ||||||
32 | be paid necessary expenses while engaged in the performance of | ||||||
33 | those duties. |
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1 | Section 415. Termination of program. | ||||||
2 | (a) The program may be terminated at any time if the | ||||||
3 | committee, by a vote of two-thirds of its members, votes to | ||||||
4 | terminate the program.
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5 | (b) If the program is not terminated under subsection (a), | ||||||
6 | the program shall terminate after its second year of operation.
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7 | Section 495. The State Finance Act is amended by adding | ||||||
8 | Section
5.626 as follows:
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9 | (30 ILCS 105/5.626 new)
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10 | Sec. 5.626. The Sorry Works! Fund.
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11 | ARTICLE 9. MISCELLANEOUS PROVISIONS | ||||||
12 | Section 995. Liberal construction; inseverability. | ||||||
13 | (a) This Act, being necessary for the welfare of the State | ||||||
14 | and its inhabitants, shall be liberally construed to effect its | ||||||
15 | purposes. | ||||||
16 | (b) The provisions of this Act are mutually dependent and | ||||||
17 | inseverable. If any provision is held invalid other than as | ||||||
18 | applied to a particular person or circumstance, then this | ||||||
19 | entire Act is invalid. | ||||||
20 | Section 999. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
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