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90_HB2118
210 ILCS 85/10.2 from Ch. 111 1/2, par. 151.2
735 ILCS 5/8-2101 from Ch. 110, par. 8-2101
Amends the Hospital Licensing Act to immunize an entity
directly or indirectly controlled by a hospital, or under
common control with a hospital, from civil liability for
individual acts, omissions, or decisions of certain medical
utilization and peer review committees. Amends the Code of
Civil Procedure to provide that information obtained by those
entities shall be privileged and confidential, subject to
specified exceptions. Effective January 1, 1998.
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1 AN ACT concerning hospital-related entities, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Hospital Licensing Act is amended by
6 changing Section 10.2 as follows:
7 (210 ILCS 85/10.2) (from Ch. 111 1/2, par. 151.2)
8 Sec. 10.2. Because the candid and conscientious
9 evaluation of clinical practices is essential to the
10 provision of adequate hospital care, it is the policy of this
11 State to encourage peer review by health care providers.
12 Therefore, no hospital or related entity that is controlled
13 directly or indirectly by the hospital or is under common
14 control with the hospital, and no individual who is a member,
15 agent, or employee of a hospital or its related entity,
16 hospital medical staff, hospital administrative staff, or
17 hospital governing board shall be liable for civil damages as
18 a result of any individual the acts, omissions, or decisions,
19 or any other conduct of a medical utilization committee,
20 medical review committee, patient care audit committee,
21 medical care evaluation committee, quality review committee,
22 credential committee, peer review committee, or any other
23 committee whose purpose, directly or indirectly, is internal
24 quality control or medical study to reduce morbidity or
25 mortality, or for improving patient care within a hospital,
26 or the improving or benefiting of patient care and treatment,
27 whether within a hospital or not, or for the purpose of
28 professional discipline. Nothing in this Section shall
29 relieve any individual or hospital or a related entity from
30 liability arising from treatment of a patient.
31 (Source: P.A. 85-661.)
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1 Section 10. The Code of Civil Procedure is amended by
2 changing Section 8-2101 as follows:
3 (735 ILCS 5/8-2101) (from Ch. 110, par. 8-2101)
4 (Text of Section before amendment by P.A. 89-507)
5 Sec. 8-2101. Information obtained. All information,
6 interviews, reports, statements, memoranda, recommendations,
7 letters of reference or other third party confidential
8 assessments of a health care practitioner's professional
9 competence, or other data of the Illinois Department of
10 Public Health, local health departments, the Illinois
11 Department of Mental Health and Developmental Disabilities,
12 the Mental Health and Developmental Disabilities Medical
13 Review Board, Illinois State Medical Society, allied medical
14 societies, health maintenance organizations, medical
15 organizations under contract with health maintenance
16 organizations or with insurance or other health care delivery
17 entities or facilities, tissue banks, organ procurement
18 agencies, physician-owned inter-insurance exchanges and their
19 agents, committees of ambulatory surgical treatment centers
20 or post-surgical recovery centers or their medical staffs, or
21 committees of licensed or accredited hospitals or their
22 related entities that are controlled directly or indirectly
23 by the hospital or are under common control with the
24 hospital, or their medical staffs, including Patient Care
25 Audit Committees, Medical Care Evaluation Committees,
26 Utilization Review Committees, Credential Committees and
27 Executive Committees, or their designees (but not the medical
28 records pertaining to the patient), used in the course of
29 internal quality control or of medical study for the purpose
30 of reducing morbidity or mortality, or for improving patient
31 care or increasing organ and tissue donation, shall be
32 privileged, strictly confidential and shall be used only for
33 medical research, increasing organ and tissue donation, the
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1 evaluation and improvement of quality care, or granting,
2 limiting or revoking staff privileges or agreements for
3 services, except that in any health maintenance organization
4 proceeding to decide upon a physician's services or any
5 hospital or its related entity or ambulatory surgical
6 treatment center proceeding to decide upon a physician's
7 staff privileges, or in any judicial review of either, the
8 claim of confidentiality shall not be invoked to deny such
9 physician access to or use of data upon which such a decision
10 was based.
11 (Source: P.A. 89-393, eff. 8-20-95.)
12 (Text of Section after amendment by P.A. 89-507)
13 Sec. 8-2101. Information obtained. All information,
14 interviews, reports, statements, memoranda, recommendations,
15 letters of reference or other third party confidential
16 assessments of a health care practitioner's professional
17 competence, or other data of the Illinois Department of
18 Public Health, local health departments, the Department of
19 Human Services (as successor to the Department of Mental
20 Health and Developmental Disabilities), the Mental Health and
21 Developmental Disabilities Medical Review Board, Illinois
22 State Medical Society, allied medical societies, health
23 maintenance organizations, medical organizations under
24 contract with health maintenance organizations or with
25 insurance or other health care delivery entities or
26 facilities, tissue banks, organ procurement agencies,
27 physician-owned inter-insurance exchanges and their agents,
28 committees of ambulatory surgical treatment centers or
29 post-surgical recovery centers or their medical staffs, or
30 committees of licensed or accredited hospitals or their
31 related entities that are controlled directly or indirectly
32 by the hospital or are under common control with the
33 hospital, or their medical staffs, including Patient Care
34 Audit Committees, Medical Care Evaluation Committees,
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1 Utilization Review Committees, Credential Committees and
2 Executive Committees, or their designees (but not the medical
3 records pertaining to the patient), used in the course of
4 internal quality control or of medical study for the purpose
5 of reducing morbidity or mortality, or for improving patient
6 care or increasing organ and tissue donation, shall be
7 privileged, strictly confidential and shall be used only for
8 medical research, increasing organ and tissue donation, the
9 evaluation and improvement of quality care, or granting,
10 limiting or revoking staff privileges or agreements for
11 services, except that in any health maintenance organization
12 proceeding to decide upon a physician's services or any
13 hospital or its related entity or ambulatory surgical
14 treatment center proceeding to decide upon a physician's
15 staff privileges, or in any judicial review of either, the
16 claim of confidentiality shall not be invoked to deny such
17 physician access to or use of data upon which such a decision
18 was based.
19 (Source: P.A. 89-393, eff. 8-20-95; 89-507, eff. 7-1-97.)
20 Section 95. No acceleration or delay. Where this Act
21 makes changes in a statute that is represented in this Act by
22 text that is not yet or no longer in effect (for example, a
23 Section represented by multiple versions), the use of that
24 text does not accelerate or delay the taking effect of (i)
25 the changes made by this Act or (ii) provisions derived from
26 any other Public Act.
27 Section 99. Effective date. This Act takes effect
28 January 1, 1998.