97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3554

 

Introduced 2/8/2012, by Sen. Kyle McCarter

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Alternatives to Medical Malpractice Litigation Task Force. Provides that the task force shall study and report on alternative processes in which medical malpractice complaints may be pursued and presented in Illinois other than proceeding directly to litigation in the Illinois court system. Provides that an alternative process must adhere to the underlying principles of reducing health care costs by lessening the need for physicians to practice defensive medicine, increasing the number of physicians in Illinois by decreasing medical liability insurance rates, and providing patients with fair and timely compensation by avoiding the expense and delay of the court system. Provides that the task force shall develop an objective rating system by which alternative processes to medical malpractice litigation may be ranked by such factors as cost savings to physicians and patients, efficiency in procedures and timeliness, effectiveness in reducing unnecessary litigation, and ability to maintain or improve overall quality of medical care services in this State. Provides that the Department of Insurance shall provide staff and administrative support to the task force. Provides that the task force shall submit a final report of its findings and recommendations to the General Assembly and the Governor by January 1, 2013. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning medical malpractice litigation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Alternatives to Medical Malpractice Litigation Task Force Act.
 
6    Section 5. The Alternatives to Medical Malpractice
7Litigation Task Force is created. The task force shall consist
8of the following voting members:
9        (1) One member appointed by the Governor.
10        (2) One member appointed by the President of the
11    Senate.
12        (3) One member appointed by the Minority Leader of the
13    Senate.
14        (4) One member appointed by the Speaker of the House of
15    Representatives.
16        (5) One member appointed by the Minority Leader of the
17    House of Representatives.
18        (6) One member appointed by the Illinois State Medical
19    Society.
20        (7) One member appointed by the Illinois Hospital
21    Association.
22        (8) One member appointed by the Illinois State Bar
23    Association.

 

 

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1        (9) One member appointed by the Director of the
2    Department of Insurance.
3        (10) One member appointed by the Director of the
4    Department of Public Health.
5    (b) The task force shall study and report on alternative
6processes in which medical malpractice complaints may be
7pursued and presented in Illinois other than proceeding
8directly to litigation in the Illinois court system. An
9alternative process must adhere to the underlying principles of
10reducing health care costs by lessening the need for physicians
11to practice defensive medicine, increasing the number of
12physicians in Illinois by decreasing medical liability
13insurance rates, and providing patients with fair and timely
14compensation by avoiding the expense and delay of the court
15system. The task force shall develop an objective rating system
16by which alternative processes to medical malpractice
17litigation may be ranked by such factors as cost savings to
18physicians and patients, efficiency in procedures and
19timeliness, effectiveness in reducing unnecessary litigation,
20and ability to maintain or improve overall quality of medical
21care services in this State.
22    (c) The task force shall meet on a periodic basis to
23examine and compile data regarding alternative processes to
24medical malpractice litigation as currently practiced in
25Illinois. Examination and compilation of data shall include,
26but is not limited to, the following areas: federal laws and

 

 

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1procedures; other states' laws and procedures; laws and
2procedures of units of local government; and practices and
3procedures in any other appropriate settings.
4    (d) The Department of Insurance shall provide staff and
5administrative support to the task force.
6    (e) The task force shall submit a final report of its
7findings and recommendations to the Governor and the General
8Assembly on or before January 1, 2013.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.