Full Text of HB0945 97th General Assembly
HB0945ham001 97TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 4/8/2011
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| 1 | | AMENDMENT TO HOUSE BILL 945
| 2 | | AMENDMENT NO. ______. Amend House Bill 945 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 8-1901 as follows:
| 6 | | (735 ILCS 5/8-1901) (from Ch. 110, par. 8-1901)
| 7 | | (Text of Section WITH the changes made by P.A. 94-677, | 8 | | which has been held
unconstitutional) | 9 | | Sec. 8-1901. Admission of liability - Effect. | 10 | | (a) The providing of, or payment
for, medical, surgical,
| 11 | | hospital, or rehabilitation services, facilities, or equipment | 12 | | by or on
behalf of any person, or the offer to provide, or pay | 13 | | for, any one or
more of the foregoing, shall not be construed | 14 | | as an admission of any
liability by such person or persons. | 15 | | Testimony, writings, records,
reports or information with | 16 | | respect to the foregoing shall not be
admissible in evidence as |
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| 1 | | an admission of any liability in any action of
any kind in any | 2 | | court or before any commission, administrative agency,
or other | 3 | | tribunal in this State, except at the instance of the person or
| 4 | | persons so making any such provision, payment or offer.
| 5 | | (b) Any expression of grief, apology, or explanation | 6 | | provided by a health care provider, including, but not limited | 7 | | to, a statement that the health care provider is "sorry" for | 8 | | the outcome to a patient, the patient's family, or the | 9 | | patient's legal representative about an inadequate or | 10 | | unanticipated treatment or care outcome that is provided within | 11 | | 72 hours of when the provider knew or should have known of the | 12 | | potential cause of such outcome shall not be admissible as | 13 | | evidence in any action of any kind in any court or before any | 14 | | tribunal, board, agency, or person. The disclosure of any such | 15 | | information, whether proper, or improper, shall not waive or | 16 | | have any effect upon its confidentiality or inadmissibility. As | 17 | | used in this Section, a "health care provider" is any hospital, | 18 | | nursing home or other facility, or employee or agent thereof, a | 19 | | physician, or other licensed health care professional. Nothing | 20 | | in this Section precludes the discovery or admissibility of any | 21 | | other facts regarding the patient's treatment or outcome as | 22 | | otherwise permitted by law.
| 23 | | (c) The changes to this Section made by this amendatory Act | 24 | | of the 94th General Assembly apply to causes of action accruing | 25 | | on or after its effective date. | 26 | | (Source: P.A. 94-677, eff. 8-25-05 .)
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| 1 | | (Text of Section WITHOUT the changes made by P.A. 94-677, | 2 | | which has been held
unconstitutional) | 3 | | Sec. 8-1901. Admission of liability - Effect. | 4 | | (a) The providing of, or payment
for, medical, surgical,
| 5 | | hospital, or rehabilitation services, facilities, or equipment | 6 | | by or on
behalf of any person, or the offer to provide, or pay | 7 | | for, any one or
more of the foregoing, shall not be construed | 8 | | as an admission of any
liability by such person or persons. | 9 | | Testimony, writings, records,
reports or information with | 10 | | respect to the foregoing shall not be
admissible in evidence as | 11 | | an admission of any liability in any action of
any kind in any | 12 | | court or before any commission, administrative agency,
or other | 13 | | tribunal in this State, except at the instance of the person or
| 14 | | persons so making any such provision, payment or offer.
| 15 | | (b) Any expression of grief, apology, or explanation | 16 | | provided by a health care provider, including, but not limited | 17 | | to, a statement that the health care provider is "sorry" for | 18 | | the outcome to a patient, the patient's family, or the | 19 | | patient's legal representative about an inadequate or | 20 | | unanticipated treatment or care outcome that is provided within | 21 | | 72 hours of when the provider knew or should have known of the | 22 | | potential cause of such outcome shall not be admissible as | 23 | | evidence in any action of any kind in any court or before any | 24 | | tribunal, board, agency, or person. The disclosure of any such | 25 | | information, whether proper, or improper, shall not waive or |
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| 1 | | have any effect upon its confidentiality or inadmissibility. As | 2 | | used in this Section, a "health care provider" is any hospital, | 3 | | nursing home or other facility, or employee or agent thereof, a | 4 | | physician, or other licensed health care professional. Nothing | 5 | | in this Section precludes the discovery or admissibility of any | 6 | | other facts regarding the patient's treatment or outcome as | 7 | | otherwise permitted by law. | 8 | | (c) The provisions of this amendatory Act of the 97th | 9 | | General Assembly apply to causes of action accruing on or after | 10 | | its effective date. | 11 | | (Source: P.A. 82-280.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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