94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3601


 
Introduced 2/24/2005, by Rep. Michael Tryon
 
SYNOPSIS AS INTRODUCED:
 		















745 ILCS 49/30









    Amends the Good Samaritan Act. Provides that a free medical clinic may receive reimbursement from the Illinois Department of Public Aid or may receive partial reimbursement from a patient based upon his or her ability to pay, provided that any reimbursements shall be used only to pay overhead expenses of operating the free medical clinic and may not be used, in whole or in part, to provide a fee or other compensation to any person licensed under the Medical Practice Act of 1987 or any other health care professional who is receiving an exemption under the Act.  Provides that medical care shall not include the use of general anesthesia or require an overnight stay in a health care facility.
















LRB094 04154 LCB 34175 b

















 


 


A BILL FOR









 











HB3601

LRB094 04154 LCB 34175 b






1
    AN ACT concerning civil immunities.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5.   The Good Samaritan Act is amended by changing 
5
Section 30 as
follows:


 



6
    (745 ILCS 49/30)




7
    Sec. 30. Free medical clinic; exemption from civil 
8
liability for services
performed without compensation.

9
    (a) A person licensed under the Medical Practice Act of 
10
1987, a person
licensed to practice the treatment of human 
11
ailments in any
other state or territory of the United States, 
12
or a health care professional,
including but not limited to an 
13
advanced practice nurse, physician
assistant, nurse, 
14
pharmacist, physical therapist, podiatrist, or social worker

15
licensed in this State or any other state or territory of the 
16
United States,
who, in good faith, provides medical treatment,

17
diagnosis, or advice as a part of the services of an

18
established free medical clinic providing care to medically 
19
indigent patients
which is limited to care that does not 
20
require the services of a
licensed hospital or ambulatory 
21
surgical treatment center and who receives
no fee or 
22
compensation from that source shall not be liable for civil

23
damages as a result of his or her acts or omissions in

24
providing that medical treatment, except for willful or wanton 
25
misconduct.

26
    (b) For purposes of this Section, a "free medical clinic" 
27
is an
organized community based program providing medical care 
28
without
charge to individuals unable to pay for it, at which 
29
the
care provided does not include the use
of general 
30
anesthesia or require an overnight stay in a health-care 
31
facility.

32
    (c) The provisions of subsection (a) of this Section do not 
 


 






HB3601
- 2 -
LRB094 04154 LCB 34175 b




1
apply to a
particular case unless the free medical
clinic has 
2
posted in a conspicuous place on its premises an explanation of 
3
the
exemption from civil liability provided herein.

4
    (d) The immunity from civil damages provided under 
5
subsection (a) also
applies to physicians, hospitals, and other 
6
health care providers that provide
further medical treatment, 
7
diagnosis, or advice to a patient upon referral from
an 
8
established free medical clinic without fee or compensation.

9
    (d-5) A free medical clinic may receive reimbursement from 
10
the Illinois
Department of Public Aid or may receive partial 
11
reimbursement from a patient
based
upon his or her ability to 
12
pay, provided any reimbursements shall be used only to pay

13
overhead expenses of operating the free medical clinic and may 
14
not be used, in
whole or in
part, to provide a fee or other 
15
compensation to any person licensed under the
Medical
Practice 
16
Act of 1987 or any other health care professional
who is 
17
receiving an exemption under this Section. Medical care shall

18
not include
the use of general anesthesia or require an 
19
overnight stay in a health care
facility.

20
    (e) Nothing in this Section prohibits a free medical clinic 
21
from accepting
voluntary contributions for medical services 
22
provided to a patient who has
acknowledged his or her ability 
23
and willingness to pay a portion of the value
of the medical 
24
services provided.

25
    Any voluntary contribution collected for providing care at 
26
a free medical
clinic shall be used only to pay overhead 
27
expenses of operating the clinic.  No
portion of any moneys 
28
collected shall be used to provide a fee or other
compensation 
29
to any person licensed under Medical Practice Act of 1987.

30
(Source: P.A. 89-607, eff. 1-1-97; 90-742, eff. 8-13-98.)