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1 | AN ACT concerning health care.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Article 5. | ||||||||||||||||||||||||||
5 | Section 5-1. Short title. This Article may be cited as the | ||||||||||||||||||||||||||
6 | Medical Error Reporting Law. | ||||||||||||||||||||||||||
7 | Section 5-5. Findings. The General Assembly finds and | ||||||||||||||||||||||||||
8 | declares that: | ||||||||||||||||||||||||||
9 | (1) adverse incidents, some of which are the result of | ||||||||||||||||||||||||||
10 | preventable errors, are inherent in all systems; | ||||||||||||||||||||||||||
11 | (2) well-designed systems have processes built in to | ||||||||||||||||||||||||||
12 | minimize the occurrence of errors, as well as to detect | ||||||||||||||||||||||||||
13 | those that do occur; they incorporate mechanisms to | ||||||||||||||||||||||||||
14 | continually improve their performance; | ||||||||||||||||||||||||||
15 | (3) to enhance patient safety, the goal is to craft a | ||||||||||||||||||||||||||
16 | health care delivery system that minimizes, to the greatest | ||||||||||||||||||||||||||
17 | extent feasible, the harm to patients that results from the | ||||||||||||||||||||||||||
18 | delivery system itself;
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19 | (4) an important component of a successful patient | ||||||||||||||||||||||||||
20 | safety strategy is a feedback mechanism that allows | ||||||||||||||||||||||||||
21 | detection and analysis not only of adverse incidents, but | ||||||||||||||||||||||||||
22 | also of "near-misses";
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23 | (5) to encourage disclosure of these incidents so that | ||||||||||||||||||||||||||
24 | they can be analyzed and used for improvement, it is | ||||||||||||||||||||||||||
25 | critical to create a non-punitive culture that focuses on | ||||||||||||||||||||||||||
26 | improving processes rather than assigning blame; | ||||||||||||||||||||||||||
27 | (6) under current Illinois law, hospitals are required | ||||||||||||||||||||||||||
28 | to investigate any unusual incidents that occur at any time | ||||||||||||||||||||||||||
29 | on a patient care unit and summarized reports of these | ||||||||||||||||||||||||||
30 | unusual incidents are to be made available to the | ||||||||||||||||||||||||||
31 | Department of Public Health; |
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1 | (7) governing boards of hospitals are responsible for | ||||||
2 | the establishment of policy for the investigation of | ||||||
3 | unusual incidents that may occur; | ||||||
4 | (8) hospitals are required to maintain accurate, | ||||||
5 | current, and complete personnel records for each employee, | ||||||
6 | including current and background information sufficient to | ||||||
7 | justify the initial and continuing employment of the | ||||||
8 | individual; | ||||||
9 | (9) hospitals are routinely denied information about | ||||||
10 | prospective employees from their former employers with | ||||||
11 | regard to patient error or unusual incidents because these | ||||||
12 | former employers fear that their former employees may file | ||||||
13 | defamation or other civil lawsuits; and | ||||||
14 | (10) by establishing an environment that both mandates | ||||||
15 | the confidential disclosure of the most serious | ||||||
16 | preventable adverse incidents and encourages the | ||||||
17 | voluntary, anonymous and confidential disclosure of less | ||||||
18 | serious adverse incidents, as well as preventable | ||||||
19 | incidents and near-misses, the State seeks to increase the | ||||||
20 | amount of information on systems failures, analyze the | ||||||
21 | sources of these failures, and disseminate information on | ||||||
22 | effective practices for reducing systems failures and | ||||||
23 | improving the safety of patients.
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24 | Section 5-10. Definitions. As used in this Law:
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25 | "Adverse incident" means an unusual incident that is a | ||||||
26 | negative consequence of care that results in unintended injury | ||||||
27 | or illness, which may or may not have been preventable. | ||||||
28 | "Anonymous" means that information is presented in a form | ||||||
29 | and manner that prevents the identification of the person | ||||||
30 | filing the report. | ||||||
31 | "Department" means the Department of Public Health. | ||||||
32 | "Director" means the Director of Public Health. | ||||||
33 | "Incident" means a discrete, auditable, and clearly | ||||||
34 | defined occurrence. | ||||||
35 | "Health care facility" means a facility or institution, |
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1 | whether public or private, engaged principally in providing | ||||||
2 | services for health maintenance organizations or in diagnosis | ||||||
3 | of treatment of human disease, pain, injury, deformity, or | ||||||
4 | physical condition, including, but not limited to, a general | ||||||
5 | hospital, special hospital, mental hospital, public health | ||||||
6 | center, diagnostic center, treatment center, rehabilitation | ||||||
7 | center, extended care facility, skilled nursing home, nursing | ||||||
8 | home, intermediate care facility, tuberculosis hospital, | ||||||
9 | chronic disease hospital, maternity hospital, outpatient | ||||||
10 | clinic, dispensary, home health care agency, residential | ||||||
11 | health care facility, and bioanalytical laboratory (except as | ||||||
12 | specifically excluded hereunder) or central services facility | ||||||
13 | serving one or more such institutions but excluding | ||||||
14 | institutions that provide healing solely by prayer and | ||||||
15 | excluding such bioanalytical laboratories as are independently | ||||||
16 | owned and operated, and are not owned, operated, managed or | ||||||
17 | controlled, in whole or in part, directly or indirectly by any | ||||||
18 | one or more health care facilities, and the predominant source | ||||||
19 | of business of which is not by contract with health care | ||||||
20 | facilities within the State.
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21 | "Health care professional" means an individual who, acting | ||||||
22 | within the scope of his or her licensure or certification, | ||||||
23 | provides health care services and includes, but is not limited | ||||||
24 | to, a physician, dentist, nurse, pharmacist, or other health | ||||||
25 | care professional whose professional practice is regulated | ||||||
26 | pursuant to Chapter 225 of the Illinois Compiled Statutes. | ||||||
27 | "Near-miss" means an occurrence that could have resulted in | ||||||
28 | an adverse incident but the adverse incident was prevented. | ||||||
29 | "Preventable incident" means an incident that could have | ||||||
30 | been anticipated and prepared against, but occurs because of an | ||||||
31 | error or other system failure. | ||||||
32 | "Serious preventable adverse incident" means an adverse | ||||||
33 | incident that is a preventable incident and results in death or | ||||||
34 | loss of a body part, or disability or loss of bodily function | ||||||
35 | lasting more than 7 days or still present at the time of | ||||||
36 | discharge from a health care facility.
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1 | Section 5-15. Patient safety plan. | ||||||
2 | (a) In accordance with the requirements established by the | ||||||
3 | Director by rule, a health care facility shall develop and | ||||||
4 | implement a patient safety plan for the purpose of improving | ||||||
5 | the health and safety of patients at the facility. | ||||||
6 | (b) The patient safety plan shall, at a minimum, include | ||||||
7 | all of the following: | ||||||
8 | (1) A patient safety committee, as prescribed by rule. | ||||||
9 | (2) A process for teams of facility staff, which teams | ||||||
10 | are comprised of personnel who are representative of the | ||||||
11 | facility's various disciplines and have appropriate | ||||||
12 | competencies, to conduct ongoing analysis and application | ||||||
13 | of evidence-based patient safety practices in order to | ||||||
14 | reduce the probability of adverse incidents resulting from | ||||||
15 | exposure to the health care system across a range of | ||||||
16 | diseases and procedures. | ||||||
17 | (3) A process for teams of facility staff, which teams | ||||||
18 | are comprised of personnel who are representative of the | ||||||
19 | facility's various disciplines and have appropriate | ||||||
20 | competencies, to conduct analyses of near-misses, with | ||||||
21 | particular attention to serious preventable adverse | ||||||
22 | incidents and adverse incidents. | ||||||
23 | (4) A process for the provision of ongoing patient | ||||||
24 | safety training for facility personnel.
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25 | (c) Any documents, materials, or information developed by a | ||||||
26 | health care facility as part of a process of self-critical | ||||||
27 | analysis conducted pursuant to this Section concerning | ||||||
28 | preventable incidents, near-misses, and adverse incidents, | ||||||
29 | including serious preventable adverse incidents, and any | ||||||
30 | document or oral statement that constitutes the disclosure | ||||||
31 | provided to a patient or the patient's family member or | ||||||
32 | guardian pursuant to subsection (b) of Section 5-20, shall not | ||||||
33 | be
(i) subject to discovery or admissible as evidence or | ||||||
34 | otherwise disclosed in any civil, criminal, or administrative | ||||||
35 | action or proceeding or
(ii) used in an adverse employment |
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1 | action or in the evaluation of decisions made in relation to | ||||||
2 | accreditation, certification, credentialing, or licensing of | ||||||
3 | an individual, which is based on the individual's participation | ||||||
4 | in the development, collection, reporting, or storage of | ||||||
5 | information in accordance with this Section. The provisions of | ||||||
6 | this subsection shall not be construed to limit a health care | ||||||
7 | facility from taking disciplinary action against a health care | ||||||
8 | professional in a case in which the professional has displayed | ||||||
9 | recklessness, gross negligence, or willful misconduct or in | ||||||
10 | which there is evidence, based on other similar cases known to | ||||||
11 | the facility, of a pattern of significant substandard | ||||||
12 | performance that resulted in serious preventable adverse | ||||||
13 | incidents. | ||||||
14 | Section 5-20. Reports; use of information. | ||||||
15 | (a) A health care facility must report to the Department in | ||||||
16 | a form and manner established by the Director every serious | ||||||
17 | preventable adverse incident that occurs in that facility. | ||||||
18 | (b) A health care facility shall ensure that the patient | ||||||
19 | affected by a serious preventable adverse incident, or, in the | ||||||
20 | case of a minor or a patient who is incapacitated, the | ||||||
21 | patient's parent or guardian or other family member, as | ||||||
22 | appropriate, is informed of the serious preventable adverse | ||||||
23 | incident, no later than the end of the episode of care, or, if | ||||||
24 | discovery occurs after the end of the episode of care, in a | ||||||
25 | timely fashion as established by the Director by rule. If the | ||||||
26 | patient's physician determines, in accordance with criteria | ||||||
27 | established by the Director by rule, that the disclosure would | ||||||
28 | seriously and adversely affect the patient's health, then the | ||||||
29 | facility shall notify the family member, if available. In the | ||||||
30 | event that an adult patient is not informed of the serious | ||||||
31 | preventable adverse incident, the facility shall ensure that | ||||||
32 | the physician includes a statement in the patient's medical | ||||||
33 | record that provides the reason for not informing the patient | ||||||
34 | pursuant to this Section. | ||||||
35 | (c) A health care professional or other employee of a |
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1 | health care facility is encouraged to make anonymous reports to | ||||||
2 | the Department in a form and manner established by the Director | ||||||
3 | regarding near-misses, preventable incidents, and adverse | ||||||
4 | incidents that are otherwise not subject to mandatory reporting | ||||||
5 | pursuant to subsection (a) of this Section.
The Director shall | ||||||
6 | establish procedures for and a system to collect, store, and | ||||||
7 | analyze information voluntarily reported pursuant to this | ||||||
8 | subsection. The repository shall function as a clearinghouse | ||||||
9 | for trend analysis of the information collected pursuant to | ||||||
10 | this subsection.
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11 | (d) Any documents, materials, or information received by | ||||||
12 | the Department pursuant to the provisions of subsections (a) | ||||||
13 | and (c) of this Section concerning serious preventable adverse | ||||||
14 | incidents, near-misses, preventable incidents, and adverse | ||||||
15 | incidents that are otherwise not subject to mandatory reporting | ||||||
16 | pursuant to subsection (a) of this Section shall not be (i) | ||||||
17 | subject to discovery or admissible as evidence or otherwise | ||||||
18 | disclosed in any civil, criminal, or administrative action or | ||||||
19 | proceeding,
(ii) considered a public record under the Freedom | ||||||
20 | of Information Act, or
(iii) used in an adverse employment | ||||||
21 | action or in the evaluation of decisions made in relation to | ||||||
22 | accreditation, certification, credentialing, or licensing of | ||||||
23 | an individual, which is based on the individual's participation | ||||||
24 | in the development, collection, reporting, or storage of | ||||||
25 | information in accordance with this Section. The provisions of | ||||||
26 | this subsection shall not be construed to limit a health care | ||||||
27 | facility from taking disciplinary action against a health care | ||||||
28 | professional in a case in which the professional has displayed | ||||||
29 | recklessness, gross negligence, or willful misconduct or in | ||||||
30 | which there is evidence, based on other similar cases known to | ||||||
31 | the facility, of a pattern of significant substandard | ||||||
32 | performance that resulted in serious preventable adverse | ||||||
33 | incidents.
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34 | The information received by the Department may be used by | ||||||
35 | the Department and the Attorney General for the purposes of | ||||||
36 | this Law and for oversight of facilities and health care |
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1 | professionals. The Department and the Attorney General shall | ||||||
2 | not use the information for any other purpose.
In using the | ||||||
3 | information to exercise oversight, the Department and the | ||||||
4 | Attorney General shall place primary emphasis on ensuring | ||||||
5 | effective corrective action by the facility or health care | ||||||
6 | professional, reserving punitive enforcement or disciplinary | ||||||
7 | action for those cases in which the facility or the | ||||||
8 | professional has displayed recklessness, gross negligence, or | ||||||
9 | willful misconduct or in which there is evidence, based on | ||||||
10 | other similar cases known to the Department or the Attorney | ||||||
11 | General, of a pattern of significant substandard performance | ||||||
12 | that has the potential for or actually results in harm to | ||||||
13 | patients.
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14 | Section 5-25. Rules. The Director shall adopt any rules | ||||||
15 | necessary to carry out the provisions of this Article. The | ||||||
16 | regulations shall establish: criteria for a health care | ||||||
17 | facility's patient safety plan and patient safety committee; | ||||||
18 | the time frame and format for mandatory reporting of serious | ||||||
19 | preventable adverse incidents at a health care facility; the | ||||||
20 | types of incidents that qualify as serious preventable adverse | ||||||
21 | incidents; and the circumstances under which a health care | ||||||
22 | facility is not required to inform a patient or the patient's | ||||||
23 | family about a serious preventable adverse incident. In | ||||||
24 | establishing the criteria for reporting serious preventable | ||||||
25 | adverse incidents, the Director shall, to the extent feasible, | ||||||
26 | use criteria for these incidents that have been or are | ||||||
27 | developed by organizations engaged in the development of | ||||||
28 | nationally recognized standards.
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29 | Section 5-30. Report to General Assembly. The Director of | ||||||
30 | Public Health shall issue an annual report to the General | ||||||
31 | Assembly, which is also available to the general public, no | ||||||
32 | later than 18 months after the effective date of this Law on | ||||||
33 | the status of patient safety plans established by health care | ||||||
34 | facilities subject to this Law and information reported to the |
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1 | Department as required by this Law or which is voluntarily | ||||||
2 | reported as permitted by this Law regarding serious preventable | ||||||
3 | adverse incidents that occur in health care facilities subject | ||||||
4 | to this Law. | ||||||
5 | Article 10. | ||||||
6 | Section 10-1. Short title. This Article may be cited as the | ||||||
7 | Health Care Practitioner Reporting Law. | ||||||
8 | Section 10-5. Definition. As used in this Law, "health care | ||||||
9 | practitioner" means any licensed professional that provides | ||||||
10 | health care services. "Health care practitioner" includes a
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11 | physician, dentist, podiatrist, advanced practice nurse, | ||||||
12 | physician
assistant, clinical psychologist, and clinical | ||||||
13 | social worker. | ||||||
14 | Section 10-10. Reporting.
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15 | (a) A law enforcement agency or other government agency | ||||||
16 | that receives a complaint alleging that a State licensed health | ||||||
17 | care practitioner caused injury or death to a patient while | ||||||
18 | practicing within the scope of that practitioner's profession | ||||||
19 | shall promptly report the information contained in the | ||||||
20 | complaint to the appropriate licensing board having | ||||||
21 | jurisdiction over the health care practitioner and to the | ||||||
22 | patient safety committee of the health care facility where the | ||||||
23 | health care practitioner practices, which is established under | ||||||
24 | Section 5-15 of the Medical Error Reporting Law. | ||||||
25 | (b) An employee of a health care practitioner licensed | ||||||
26 | pursuant to Chapter 225 of the Illinois Compiled Statutes who, | ||||||
27 | as a result of information obtained in the course of his or her | ||||||
28 | employment, has reasonable cause to suspect that the health | ||||||
29 | care practitioner, in the course of his or her professional | ||||||
30 | duties, has caused injury or death to a patient shall promptly | ||||||
31 | report the information to the appropriate licensing board | ||||||
32 | having jurisdiction over the health care practitioner.
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1 | (c) An employee of a licensed health care facility who, as | ||||||
2 | a result of information obtained in the course of his or her | ||||||
3 | employment, has reasonable cause to suspect that a health care | ||||||
4 | practitioner licensed pursuant to Chapter 225 of the Illinois | ||||||
5 | Compiled Statutes, in the course of his or her professional | ||||||
6 | duties in the health care facility, has caused injury or death | ||||||
7 | to a patient shall promptly report the information to the | ||||||
8 | appropriate licensing board having jurisdiction over the | ||||||
9 | health care practitioner.
An employee may not be fired or | ||||||
10 | terminated by his or her employer in retaliation for complying | ||||||
11 | with this mandatory reporting requirement. | ||||||
12 | (d) The name of any person who reports information | ||||||
13 | concerning a health care practitioner pursuant to this Section | ||||||
14 | shall not be disclosed without the person's consent, unless an | ||||||
15 | administrative or judicial proceeding results from the report.
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16 | (e) A person who reports information pursuant to this | ||||||
17 | Section or who testifies in any administrative or judicial | ||||||
18 | proceeding arising from the report shall have immunity from any | ||||||
19 | civil or criminal liability on account of the report or | ||||||
20 | testimony, unless the person has acted in bad faith or with | ||||||
21 | malicious purpose. | ||||||
22 | (f) Any person who falsely reports information under this | ||||||
23 | Law shall be guilty of a Class A misdemeanor.
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24 | (g) A law enforcement agency that arrests a State licensed | ||||||
25 | health care practitioner for a crime or for a violation of | ||||||
26 | Section 11-501 of the Illinois Vehicle Code shall promptly | ||||||
27 | report that information to the appropriate licensing board | ||||||
28 | having jurisdiction over the health care practitioner. | ||||||
29 | (h) A court in this State that convicts a State licensed | ||||||
30 | health care practitioner for a crime or for a violation of | ||||||
31 | Section 11-501 of the Illinois Vehicle Code shall promptly | ||||||
32 | report that information to the appropriate licensing board | ||||||
33 | having jurisdiction over the health care practitioner. | ||||||
34 | Section 10-15. Rules. The Attorney General shall adopt | ||||||
35 | rules pursuant to the Illinois Administrative Procedure Act to |
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1 | carry out the purposes of this Article. | ||||||
2 | Article 15. | ||||||
3 | Section 15-1. Short title. This Article may be cited as the | ||||||
4 | Health Care Consumer Information Law. | ||||||
5 | Section 15-5. Definitions. As used in this Law: | ||||||
6 | "Board" means the Medical Licensing Board in the case of a | ||||||
7 | physician and the Podiatric Medical Licensing Board in the case | ||||||
8 | of a podiatrist. | ||||||
9 | "Department" means the Department of Public Health. | ||||||
10 | Section 15-10. Profiles. | ||||||
11 | (a) The Department of Public Health, in consultation with | ||||||
12 | the Medical Licensing Board and the Podiatric Medical Licensing | ||||||
13 | Board, shall, within 180 days after the effective date of this | ||||||
14 | Law and thereafter, collect and maintain information | ||||||
15 | concerning all physicians and podiatrists licensed in this | ||||||
16 | State for the purpose of creating a profile of each physician | ||||||
17 | and podiatrist pursuant to this Law. The profiles shall be made | ||||||
18 | available to the public through electronic and other | ||||||
19 | appropriate means, at no charge to the public. The Department | ||||||
20 | shall establish a toll-free telephone number for members of the | ||||||
21 | public to contact the Department to obtain a paper copy of a | ||||||
22 | physician or podiatrist profile and to make other inquiries | ||||||
23 | about the profiles.
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24 | (b) A physician or podiatrist shall be required to provide | ||||||
25 | the Board or Department or its designated agent with any | ||||||
26 | information necessary to complete the profile as provided in | ||||||
27 | Section 20-15 of this Law.
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28 | (c) The Board may request any additional information it | ||||||
29 | deems necessary to complete the profiles on the biennial | ||||||
30 | license renewal form submitted by physicians and podiatrists.
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31 | (d) The Board shall provide to the Department or its | ||||||
32 | designated agent any information required pursuant to this Law |
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1 | that is available to the Board concerning a physician or | ||||||
2 | podiatrist for the purpose of creating the physician and | ||||||
3 | podiatrist profiles.
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4 | Section 15-15. Information in profile. | ||||||
5 | (a) The following information must be included for each | ||||||
6 | profile of a physician or podiatrist:
| ||||||
7 | (1) Name of all medical schools attended and dates of | ||||||
8 | graduation. | ||||||
9 | (2) Graduate medical education, including all | ||||||
10 | internships, residencies, and fellowships. | ||||||
11 | (3) Number of years in practice. | ||||||
12 | (4) Number of years in practice in Illinois.
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13 | (5) Location of the physician's or podiatrist's office | ||||||
14 | practice site or sites, as applicable. | ||||||
15 | (6) A description of any criminal convictions for | ||||||
16 | felonies within the most recent 10 years. For the purposes | ||||||
17 | of this item, a person shall be deemed to be convicted of a | ||||||
18 | crime if the individual pleaded guilty or was found or | ||||||
19 | adjudged guilty by a court of competent jurisdiction. The | ||||||
20 | description of criminal convictions shall not include any | ||||||
21 | convictions that have been expunged. | ||||||
22 | (7) A description of any final Board disciplinary | ||||||
23 | actions within the most recent 10 years, except that any | ||||||
24 | such disciplinary action that is being appealed shall be | ||||||
25 | identified. | ||||||
26 | (8) A description of any final disciplinary actions by | ||||||
27 | appropriate licensing boards in other states within the | ||||||
28 | most recent 10 years, except that any such disciplinary | ||||||
29 | action that is being appealed shall be identified. | ||||||
30 | (9) A description of the revocation or involuntary | ||||||
31 | restriction of privileges at a health care facility for | ||||||
32 | reasons related to the practitioner's competence or | ||||||
33 | misconduct or impairment taken by a health care facility's | ||||||
34 | governing body or any other official of the health care | ||||||
35 | facility after procedural due process has been afforded; |
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1 | the resignation from or nonrenewal of medical staff | ||||||
2 | membership at the health care facility for reasons related | ||||||
3 | to the practitioner's competence or misconduct or | ||||||
4 | impairment; or the restriction of privileges at a health | ||||||
5 | care facility taken in lieu of or in settlement of a | ||||||
6 | pending disciplinary case related to the practitioner's | ||||||
7 | competence or misconduct or impairment. Only those cases | ||||||
8 | that have occurred within the most recent 10 years shall be | ||||||
9 | included in the profile. | ||||||
10 | (10) All medical malpractice court judgments and all | ||||||
11 | medical malpractice arbitration awards in which a payment | ||||||
12 | has been awarded to the complaining party during the most | ||||||
13 | recent 5 years and all settlements of medical malpractice | ||||||
14 | claims in which a payment is made to the complaining party | ||||||
15 | within the most recent 5 years, as follows:
| ||||||
16 | (A) Pending medical malpractice claims shall not | ||||||
17 | be included in the profile and information on pending | ||||||
18 | medical malpractice claims shall not be disclosed to | ||||||
19 | the public.
| ||||||
20 | (B) A medical malpractice judgment that is being | ||||||
21 | appealed shall be so identified. | ||||||
22 | (C) The context in which the payment of a medical | ||||||
23 | malpractice claim occurs shall be identified by | ||||||
24 | categorizing the number of judgments, arbitration | ||||||
25 | awards, and settlements against the physician or | ||||||
26 | podiatrist into 3 graduated categories: average, above | ||||||
27 | average, and below average number of judgments, | ||||||
28 | arbitration awards, and settlements. These groupings | ||||||
29 | shall be arrived at by comparing the number of an | ||||||
30 | individual physician's or podiatrist's medical | ||||||
31 | malpractice judgments, arbitration awards, and | ||||||
32 | settlements to the experience of other physicians or | ||||||
33 | podiatrists within the same speciality. | ||||||
34 | (D) The following statement shall be included with | ||||||
35 | the information concerning medical malpractice | ||||||
36 | judgments, arbitration awards, and settlements: |
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1 | "Settlement of a claim and, in particular, the dollar | ||||||
2 | amount of the settlement may occur for a variety of | ||||||
3 | reasons, which do not necessarily reflect negatively | ||||||
4 | on the professional competence or conduct of the | ||||||
5 | physician (or podiatrist). A payment in settlement of a | ||||||
6 | medical malpractice action or claim should not be | ||||||
7 | construed as creating a presumption that medical | ||||||
8 | malpractice has occurred.". | ||||||
9 | (b) If requested by a physician or podiatrist, the | ||||||
10 | following information may be included in a physician's or | ||||||
11 | podiatrist's profile:
| ||||||
12 | (1) Names of the hospitals where the physician or | ||||||
13 | podiatrist has privileges. | ||||||
14 | (2) Appointments of the physician or podiatrist to | ||||||
15 | medical school faculties within the most recent 10 years.
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16 | (3) Information regarding any nationally recognized | ||||||
17 | specialty board certification or accreditation by any | ||||||
18 | national professional organization. | ||||||
19 | (4) Information regarding any translating services | ||||||
20 | that may be available at the physician's or podiatrist's | ||||||
21 | office practice site or languages other than English that | ||||||
22 | are spoken by the physician or podiatrist. | ||||||
23 | (5) Information regarding whether the physician or | ||||||
24 | podiatrist participates in the Medicaid program or accepts | ||||||
25 | assignment under the Medicare program. | ||||||
26 | (6) Information regarding the medical insurance plans | ||||||
27 | in which the physician or podiatrist is a participating | ||||||
28 | provider. | ||||||
29 | (7) Information concerning the hours during which the | ||||||
30 | physician or podiatrist conducts his or her practice.
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31 | (8) Information concerning accessibility of the | ||||||
32 | practice site to persons with disabilities.
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33 | The following disclaimer shall be included with the | ||||||
34 | information supplied by the physician or podiatrist pursuant to | ||||||
35 | this subsection: "This information has been provided by the | ||||||
36 | physician (or podiatrist) but has not been independently |
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1 | verified by the Medical Licensing Board or the Department of | ||||||
2 | Public Health."
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3 | If the physician or podiatrist includes information | ||||||
4 | regarding medical insurance plans in which the practitioner is | ||||||
5 | a participating provider, the following disclaimer shall be | ||||||
6 | included with that information: "This information may be | ||||||
7 | subject to change. Contact your health benefits plan to verify | ||||||
8 | whether the physician (or podiatrist) currently participates | ||||||
9 | in the plan."
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10 | (c) Before a profile is made available to the public, each | ||||||
11 | physician or podiatrist shall be provided with a copy of his or | ||||||
12 | her profile. The profile shall be sent to the physician or | ||||||
13 | podiatrist by certified mail, return receipt requested. The | ||||||
14 | physician or podiatrist shall be given 30 calendar days to | ||||||
15 | correct a factual inaccuracy that may appear in the profile and | ||||||
16 | return it to the Department of Public Health or its designated | ||||||
17 | agent; however, upon receipt of a written request that the | ||||||
18 | Department or its designated agent deems reasonable, the | ||||||
19 | physician or podiatrist may be granted an extension of up to 15 | ||||||
20 | calendar days to correct a factual inaccuracy and return the | ||||||
21 | corrected profile to the Department or its designated agent.
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22 | (d) If new information or a change in existing information | ||||||
23 | is received by the Department concerning a physician or | ||||||
24 | podiatrist, the physician or podiatrist shall be provided with | ||||||
25 | a copy of the proposed revision and shall be given 30 calendar | ||||||
26 | days to correct a factual inaccuracy and to return the | ||||||
27 | corrected information to the Department or its designated | ||||||
28 | agent.
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29 | (e) The profile and any revisions thereto shall not be made | ||||||
30 | available to the public until after the review period provided | ||||||
31 | for in this Section has elapsed.
| ||||||
32 | Section 15-20. Contract. | ||||||
33 | (a) The Department shall contract with a public or private | ||||||
34 | entity for the purpose of developing, administering, and | ||||||
35 | maintaining the physician and podiatrist profiles required |
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| |||||||
1 | pursuant to this Law.
The contract shall specify the duties and | ||||||
2 | responsibilities of the entity with respect to the development, | ||||||
3 | administration, and maintenance of the profile. The contract | ||||||
4 | shall specify the duties and responsibilities of the Department | ||||||
5 | with respect to providing the information required pursuant to | ||||||
6 | Section 20-15 of this Law to the entity on a regular and timely | ||||||
7 | basis.
The contract shall specify that any identifying | ||||||
8 | information concerning a physician or podiatrist provided to | ||||||
9 | the entity by the Department, the Board, or the physician or | ||||||
10 | podiatrist shall be used only for the purpose of the profile.
| ||||||
11 | (b) The Department shall monitor the work of the entity to | ||||||
12 | ensure that physician and podiatrist profiles are properly | ||||||
13 | developed and maintained pursuant to the requirements of this | ||||||
14 | Law.
| ||||||
15 | Section 15-25. Report to General Assembly. The Director of | ||||||
16 | Public Health shall report to the General Assembly no later | ||||||
17 | than 18 months after the effective date of this Law on the | ||||||
18 | status of the physician and podiatrist profiles.
The Director | ||||||
19 | shall also make recommendations in the report on the issue of | ||||||
20 | developing profiles for other licensed health care | ||||||
21 | professionals, including, but not limited to, dentists, | ||||||
22 | nurses, physician assistants, optometrists, and physical | ||||||
23 | therapists, and the type of information that would be | ||||||
24 | appropriate to include in the respective profiles for each type | ||||||
25 | of licensed health care professional.
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26 | Section 15-30. Rules. The Department shall adopt any rules | ||||||
27 | necessary for the enforcement of this Law. | ||||||
28 | Section 15-90. The Medical Practice Act of 1987 is amended | ||||||
29 | by changing Section 45 as follows:
| ||||||
30 | (225 ILCS 60/45) (from Ch. 111, par. 4400-45)
| ||||||
31 | (Section scheduled to be repealed on January 1, 2007)
| ||||||
32 | Sec. 45. In all hearings conducted under this Act,
|
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| |||||||
1 | information received, pursuant to law, relating to any
| ||||||
2 | information acquired by a physician in attending any patient
in | ||||||
3 | a professional character, necessary to enable them
| ||||||
4 | professionally to serve such patient, shall be deemed
strictly | ||||||
5 | confidential and shall only be made available
either as part of | ||||||
6 | the record of such hearing or otherwise:
(a) when such record | ||||||
7 | is required, in its entirety, for
purposes of judicial review | ||||||
8 | pursuant to this Act; or (b)
upon the express, written consent | ||||||
9 | of the patient, or in the
case of their death or disability, of | ||||||
10 | their personal
representative.
| ||||||
11 | The provisions of this Section shall not apply to | ||||||
12 | information that the Department of Public Health or its | ||||||
13 | designated agent is required to include in a physician's | ||||||
14 | profile pursuant to the Health Care Consumer Information Law.
| ||||||
15 | (Source: P.A. 85-4.)
| ||||||
16 | Article 99.
| ||||||
17 | Section 99-1. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
|