93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2780


 
Introduced 2/5/2004, by Kirk W. Dillard
 
SYNOPSIS AS INTRODUCED:
 		














735 ILCS 5/8-1901
  from Ch. 110, par. 8-1901







    Amends the Code of Civil Procedure.  Provides that any expression of grief, apology, remedial action, or explanation provided by a health care provider to a patient, the patient's family, or the patient's legal representative about an inadequate or unanticipated treatment or care outcome that is made within 72 hours of when the provider knew or should have known of the potential cause of such outcome is not admissible as evidence, nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or person.  Provides that the disclosure of any such information, whether proper or improper, shall not waive or have any effect upon its confidentiality, nondiscoverability, or inadmissibility.  Provides that any person who discloses the information for the purpose of bringing a claim for damages against a provider commits a Class A misdemeanor.
















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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 









SB2780

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    An Act concerning civil procedure.

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


 
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    Section 5. The Code of Civil Procedure is amended  by 
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changing Section 8-1901 as follows:
 



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    (735 ILCS 5/8-1901)  (from Ch. 110, par. 8-1901)



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    Sec. 8-1901. Admission of liability - Effect. 
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    (a) The providing of, or payment
for, medical, surgical,

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hospital, or rehabilitation services, facilities, or equipment 
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by or on
behalf of any person, or the offer to provide, or pay 
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for, any one or
more of the foregoing, shall not be construed 
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as an admission of any
liability by such person or persons. 
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Testimony, writings, records,
reports or information with 
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respect to the foregoing shall not be
admissible in evidence as 
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an admission of any liability in any action of
any kind in any 
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court or before any commission, administrative agency,
or other 
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tribunal in this State, except at the instance of the person or

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persons so making any such provision, payment or offer.

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    (b) Any expression of grief, apology, remedial action, or 
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explanation provided by a health care provider, including, but 
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not limited to, a statement that the health care provider is 
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"sorry" for the outcome to a patient, the patient's family, or 
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the patient's legal representative about an inadequate or 
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unanticipated treatment or care outcome that is provided within 
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72 hours of when the provider knew or should have known of the 
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potential cause of such outcome shall not be admissible as 
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evidence, nor discoverable in any action of any kind in any 
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court or before any tribunal, board, agency, or person.  The 
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disclosure of any such information, whether proper, or 
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improper, shall not waive or have any effect upon its 
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confidentiality, nondiscoverability, or inadmissibility.  The 
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disclosure of the information for the purpose of bringing a 
 


 






SB2780
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claim for damages against a provider is unlawful and any person 
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convicted of violating any of the provisions of this Section is 
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guilty of a Class A misdemeanor.  As used in this Section, a 
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"health care provider" is any hospital, nursing home or other 
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facility, or employee or agent thereof, a physician, or other 
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licensed health care professional. Nothing in this Section 
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precludes the discovery or admissibility of any other facts 
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regarding the patient's treatment or outcome as otherwise 
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permitted by law.

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(Source: P.A. 82-280.)