Full Text of HB1474 97th General Assembly
HB1474ham002 97TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 3/27/2012
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| 1 | | AMENDMENT TO HOUSE BILL 1474
| 2 | | AMENDMENT NO. ______. Amend House Bill 1474, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Findings. The General Assembly finds that: | 6 | | (1) health care professionals serve a vital public | 7 | | interest; | 8 | | (2) compassion and empathy are vital to the process of | 9 | | health; | 10 | | (3) the State of Illinois wants to encourage health | 11 | | care professionals to provide compassionate care and | 12 | | protect the public health, safety, and welfare; and | 13 | | (4) health care professionals should be able to | 14 | | apologize freely without legal penalties. | 15 | | Section 5. The Code of Civil Procedure is amended by | 16 | | reenacting and changing Section 8-1901 as follows:
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| 1 | | (735 ILCS 5/8-1901) (from Ch. 110, par. 8-1901)
| 2 | | Sec. 8-1901. Admission of liability - Effect. | 3 | | (a) The providing of, or payment
for, medical, surgical,
| 4 | | hospital, or rehabilitation services, facilities, or equipment | 5 | | by or on
behalf of any person, or the offer to provide, or pay | 6 | | for, any one or
more of the foregoing, shall not be construed | 7 | | as an admission of any
liability by such person or persons. | 8 | | Testimony, writings, records,
reports or information with | 9 | | respect to the foregoing shall not be
admissible in evidence as | 10 | | an admission of any liability in any action of
any kind in any | 11 | | court or before any commission, administrative agency,
or other | 12 | | tribunal in this State, except at the instance of the person or
| 13 | | persons so making any such provision, payment or offer.
| 14 | | (b) Any expression of grief, apology, or explanation | 15 | | provided by a health care provider, including, but not limited | 16 | | to, a statement that the health care provider is "sorry" for | 17 | | the outcome to a patient, the patient's family, or the | 18 | | patient's legal representative about an inadequate or | 19 | | unanticipated treatment or care outcome that is provided within | 20 | | 72 hours of when the provider knew or should have known of the | 21 | | potential cause of such outcome shall not be admissible as | 22 | | evidence in any action of any kind in any court or before any | 23 | | tribunal, board, agency, or person. The disclosure of any such | 24 | | information, whether proper, or improper, shall not waive or | 25 | | have any effect upon its confidentiality or inadmissibility. As |
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| 1 | | used in this Section, a "health care provider" is any hospital, | 2 | | nursing home or other facility, or employee or agent thereof, a | 3 | | physician, or other licensed health care professional. Nothing | 4 | | in this Section precludes the discovery or admissibility of any | 5 | | other facts regarding the patient's treatment or outcome as | 6 | | otherwise permitted by law.
| 7 | | (c) The changes to this Section made by Public Act 94-677 | 8 | | and reenacted by this amendatory Act of the 97th 94th General | 9 | | Assembly apply to causes of action accruing on or after the its | 10 | | effective date of this amendatory Act of the 97th General | 11 | | Assembly . | 12 | | (Source: P.A. 94-677, eff. 8-25-05 .)
| 13 | | Section 97. Severability. The provisions of this Act are | 14 | | severable under Section 1.31 of the Statute on Statutes. | 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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