HB3714 101ST GENERAL ASSEMBLY

LRB101 04965 CPF 49974 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3714

Introduced , by Rep. David McSweeney

SYNOPSIS AS INTRODUCED:

410 ILCS 50/8 new

Amends the Medical Patient Rights Act. Provides that an attorney may not be present during an independent medical examination unless consent has been obtained from both the patient on whom the examination is being performed and the health care professional performing the examination. Provides that all parties to the legal action for which the independent medical examination is being performed must have an attorney present if any other party's attorney is present. Provides that an attorney present during an independent medical examination may not communicate with the patient or health care professional performing the independent medical examination during the examination.

A BILL FOR

AN ACT concerning health.

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

Section 5. The Medical Patient Rights Act is amended by adding Section 8 as follows:

(410 ILCS 50/8 new)

Sec. 8. Independent medical examination; attorney presence.

(a) For purposes of this Section:

"Patient" means an individual who is having an independent medical examination performed upon him or her.

(b) An attorney who represents any party in an adversarial legal action may not be present during an independent medical examination conducted for that legal action unless consent has been obtained from:

(1) the patient; and

(2) the health care professional performing the independent medical examination.

(c) If an attorney having met the consent requirements of subsection (b) is present for an independent medical examination taking place for a legal action, all other parties who are represented by an attorney in that legal action must also have an attorney present who has met the consent requirements of subsection (b). If any attorney is unable to meet the consent requirements of subsection (b), then no attorney representing any party in the legal action shall be present during the independent medical examination.

(d) An attorney present during an independent medical examination may not communicate with the patient or health care professional performing the independent medical examination during the examination.