Full Text of SB2241 93rd General Assembly
SB2241ham004 93RD GENERAL ASSEMBLY
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Rep. Dave Winters
Filed: 5/28/2004
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| AMENDMENT TO SENATE BILL 2241
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| AMENDMENT NO. ______. Amend Senate Bill 2241 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Findings. The General Assembly finds the | 5 |
| following: | 6 |
| (1) Illinois is in the midst of a medical malpractice | 7 |
| insurance crisis of unprecedented magnitude. | 8 |
| (2) Illinois is among the states with the highest | 9 |
| medical malpractice insurance premiums in the nation. | 10 |
| (3) Medical malpractice insurance in Illinois is | 11 |
| unavailable or unaffordable for many hospitals and | 12 |
| physicians. | 13 |
| (4) The high and increasing cost of medical malpractice | 14 |
| insurance in Illinois is causing health care providers to | 15 |
| eliminate or reduce the provision of medical care | 16 |
| throughout the State. | 17 |
| (5) The crisis is discouraging medical students from | 18 |
| choosing Illinois as the place they will receive their | 19 |
| medical education and practice medicine. | 20 |
| (6) The increase in medical malpractice liability | 21 |
| insurance rates is forcing physicians to practice medicine | 22 |
| without professional liability insurance, to leave | 23 |
| Illinois, to not perform high-risk procedures, or to retire | 24 |
| early from the practice of medicine. | 25 |
| (7) The high and increasing cost of medical malpractice |
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| insurance is due in large part to the inefficiency and | 2 |
| unpredictability of adjudicating claims through the civil | 3 |
| justice system. | 4 |
| (8) Much of this inefficiency stems from the time and | 5 |
| resources needlessly spent on valuing uncertain and | 6 |
| unpredictable claims of medical negligence. | 7 |
| (9) The public would benefit by making medical | 8 |
| liability coverage for hospitals and physicians more | 9 |
| affordable, which would make health care more available. | 10 |
| (10) This health care crisis, which endangers the | 11 |
| public health, safety, and welfare of the citizens of | 12 |
| Illinois, requires drastic reforms to the civil justice | 13 |
| system currently endangering access to the necessary | 14 |
| health care for citizens of Illinois. | 15 |
| Section 5. The Illinois Insurance Code is amended by | 16 |
| changing Sections 155.18, 155.19, and 1204 and by adding | 17 |
| Section 155.18a as follows:
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| (215 ILCS 5/155.18) (from Ch. 73, par. 767.18)
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| Sec. 155.18. (a) This Section shall apply to insurance on | 20 |
| risks based
upon negligence by a physician, hospital or other | 21 |
| health care provider,
referred to herein as medical liability | 22 |
| insurance. This Section shall not
apply to contracts of | 23 |
| reinsurance, nor to any farm, county, district or
township | 24 |
| mutual insurance company transacting business under an Act | 25 |
| entitled
"An Act relating to local mutual district, county and | 26 |
| township insurance
companies", approved March 13, 1936, as now | 27 |
| or hereafter amended, nor to
any such company operating under a | 28 |
| special charter.
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| (b) The following standards shall apply to the making and | 30 |
| use of rates
pertaining to all classes of medical liability | 31 |
| insurance:
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| (1) Rates shall not be excessive or inadequate, as |
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| herein defined, nor
shall they be unfairly discriminatory. | 2 |
| No rate shall be held to be excessive
unless such rate is | 3 |
| unreasonably high for the insurance provided , and a
| 4 |
| reasonable degree of competition does not exist in the area | 5 |
| with respect
to the classification to which such rate is | 6 |
| applicable .
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| No rate shall be held inadequate unless it is | 8 |
| unreasonably low for the
insurance provided and continued | 9 |
| use of it would endanger solvency of the company .
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| (2) Consideration shall be given, to the extent | 11 |
| applicable, to past and
prospective loss experience within | 12 |
| and outside this State, to a reasonable
margin for | 13 |
| underwriting profit and contingencies, to past and | 14 |
| prospective
expenses both countrywide and those especially | 15 |
| applicable to this State,
and to all other factors, | 16 |
| including judgment factors, deemed relevant within
and | 17 |
| outside this State.
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| Consideration may also be given in the making and use | 19 |
| of rates to dividends,
savings or unabsorbed premium | 20 |
| deposits allowed or returned by companies
to their | 21 |
| policyholders, members or subscribers.
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| (3) The systems of expense provisions included in the | 23 |
| rates for use by
any company or group of companies may | 24 |
| differ from those of other companies
or groups of companies | 25 |
| to reflect the operating methods of any such company
or | 26 |
| group with respect to any kind of insurance, or with | 27 |
| respect to any subdivision
or combination thereof.
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| (4) Risks may be grouped by classifications for the | 29 |
| establishment of rates
and minimum premiums. | 30 |
| Classification rates may be modified to produce
rates for | 31 |
| individual risks in accordance with rating plans which | 32 |
| establish
standards for measuring variations in hazards or | 33 |
| expense provisions, or
both. Such standards may measure any | 34 |
| difference among risks that have a
probable effect upon |
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| losses or expenses. Such classifications or modifications
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| of classifications of risks may be established based upon | 3 |
| size, expense,
management, individual experience, location | 4 |
| or dispersion of hazard, or
any other reasonable | 5 |
| considerations and shall apply to all risks under the
same | 6 |
| or substantially the same circumstances or conditions.
The | 7 |
| rate for
an established classification should be related | 8 |
| generally to the anticipated
loss and expense factors of | 9 |
| the class.
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| (c) Every company writing medical liability insurance | 11 |
| shall file with
the Director of Insurance the rates and rating | 12 |
| schedules it uses for medical
liability insurance.
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| (1) This filing shall occur upon a company's | 14 |
| commencement of medical liability insurance business in | 15 |
| this State
at least annually
and thereafter as often as the | 16 |
| rates
are changed or amended.
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| (2) For the purposes of this Section , any change in | 18 |
| premium to the company's
insureds as a result of a change | 19 |
| in the company's base rates or a change
in its increased | 20 |
| limits factors shall constitute a change in rates and shall
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| require a filing with the Director. On any filing made | 22 |
| pursuant to this Section wherein the company's annual | 23 |
| cumulative overall rate increase exceeds 10%, the Director | 24 |
| shall convene a public hearing for the purpose of receiving | 25 |
| testimony from the company and from any interested persons | 26 |
| regarding the company's proposed increase.
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| (3) It shall be certified in such filing by an officer | 28 |
| of the company
and a qualified actuary that the company's | 29 |
| rates , including any risk management plan discount | 30 |
| required by subdivision (g)(2) of this Section along with | 31 |
| any other discounts that may be provided by the insurer,
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| are based on sound actuarial
principles and are not | 33 |
| inconsistent with the company's experience. The Director | 34 |
| may request any additional statistical data and other |
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| pertinent information necessary to determine the manner | 2 |
| the company used to set the filed rates and the | 3 |
| reasonableness of those rates.
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| (d) If , after an administrative
a hearing pursuant to | 5 |
| subsection (c) of Section 401 of this Code, the Director finds:
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| (1) that any rate, rating plan or rating system | 7 |
| violates the provisions
of this Section applicable to it, | 8 |
| he shall
may issue an order to the company which
has been | 9 |
| the subject of the hearing specifying in what respects such | 10 |
| violation
exists and may prohibit
stating when, within a | 11 |
| reasonable period of time, the further
use of such rate or | 12 |
| rating system by such company in contracts of insurance
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| made thereafter shall be prohibited ;
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| (2) that the violation of any of the provisions of this | 15 |
| Section applicable
to it by any company which has been the | 16 |
| subject of the hearing was wilful or that any company has | 17 |
| repeatedly violated any provision of this Section , he
may | 18 |
| take either or both of the following actions: | 19 |
| (A) Suspend
suspend or revoke, in whole or in part, | 20 |
| the certificate of authority
of such company with | 21 |
| respect to the class of insurance which has been the
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| subject of the hearing.
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| (B) Impose a penalty of up to $1,000 against the | 24 |
| company for each violation. Each day during which a | 25 |
| violation occurs constitutes a separate violation.
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| (e) Every company writing medical liability insurance | 27 |
| shall offer deductibles to each of its medical liability | 28 |
| insureds in this State. This offer shall be included in the | 29 |
| initial offer or in the first policy renewal occurring after | 30 |
| the effective date of this amendatory Act of the 93rd General | 31 |
| Assembly.
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| (f) Every company writing medical liability insurance in | 33 |
| this State shall offer to each of its medical liability | 34 |
| insureds the option to make premium payments in installments as |
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| prescribed by and filed with the Director. This offer shall be | 2 |
| included in the initial offer or in the first policy renewal | 3 |
| occurring after the effective date of this amendatory Act of | 4 |
| the 93rd General Assembly.
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| (g) Medical liability insurance risk management plans. | 6 |
| (1) Each insurer shall develop and establish a risk | 7 |
| management plan. The plan shall provide for discounts, not | 8 |
| to exceed 25% of the medical liability premium, for | 9 |
| insureds who implement risk management techniques | 10 |
| specified by the insurer. This offer shall be included in | 11 |
| the initial offer or in the first policy renewal occurring | 12 |
| after the effective date of this amendatory Act of the 93rd | 13 |
| General Assembly. | 14 |
| (2) Prior to initial use and thereafter as often as the | 15 |
| risk management plan is changed or amended, each insurer | 16 |
| shall file with the Director its risk management plan, | 17 |
| including the schedule of discounts.
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| (Source: P.A. 79-1434.)
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| (215 ILCS 5/155.18a new) | 20 |
| Sec. 155.18a. Professional Liability Insurance Resource | 21 |
| Center. The Director of Insurance shall establish a | 22 |
| Professional Liability Insurance Resource Center on the World | 23 |
| Wide Web containing the names and telephone numbers of all | 24 |
| licensed companies providing medical liability insurance and | 25 |
| producers who sell medical liability insurance. Each company | 26 |
| and producer shall submit the information to the Department on | 27 |
| or before September 30 of each year in order to be listed on | 28 |
| the website. The Department is under no obligation to list a | 29 |
| company or producer on the website. Hyperlinks to company | 30 |
| websites shall be included, if available. The publication of | 31 |
| the information on the Department's website shall commence on | 32 |
| January 1, 2005. The Department shall update the information on | 33 |
| the Professional Liability Insurance Resource Center at least |
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| annually.
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| (215 ILCS 5/155.19) (from Ch. 73, par. 767.19)
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| Sec. 155.19. All claims filed after December 31, 1976 with | 4 |
| any insurer
and all suits filed after December 31, 1976 in any | 5 |
| court in this State,
alleging liability on the part of any | 6 |
| physician, hospital or other health
care provider for medically | 7 |
| related injuries, shall be reported to the Director
of | 8 |
| Insurance in such form and under such terms and conditions as | 9 |
| may be
prescribed by the Director. Notwithstanding any other | 10 |
| provision of law to the contrary, any insurer, stop loss | 11 |
| insurer, captive insurer, risk retention group, religious or | 12 |
| charitable risk pooling trust, surplus line insurer, or other | 13 |
| entity authorized or permitted by law to provide medical | 14 |
| liability insurance in this State shall report to the Director,
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| in such form and under such terms and conditions as may be
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| prescribed by the Director, all claims filed
after December 31, | 17 |
| 2004 and all suits filed
after December 31, 2004 in any court | 18 |
| in this State alleging liability on the part of any physician, | 19 |
| hospital, or health
care provider for medically-related | 20 |
| injuries. Each clerk of the circuit court shall provide to the | 21 |
| Director such information as the Director may deem necessary to | 22 |
| verify the accuracy and completeness of reports made to the | 23 |
| Director under this Section. The Director shall maintain | 24 |
| complete and accurate
records of all such claims and suits | 25 |
| including their nature, amount, disposition
and other | 26 |
| information as he may deem useful or desirable in observing and
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| reporting on health care provider liability trends in this | 28 |
| State. The Director
shall release to appropriate disciplinary | 29 |
| and licensing agencies any such
data or information which may | 30 |
| assist such agencies in
improving the quality of health care or | 31 |
| which may be useful to such agencies
for the purpose of | 32 |
| professional discipline.
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| With due regard for appropriate maintenance of the |
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| confidentiality thereof,
the Director shall
may release , on an | 2 |
| annual basis,
from time to time to the Governor, the General
| 3 |
| Assembly and the general public statistical reports based on | 4 |
| such data and information.
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| If the Director finds that any entity required to report | 6 |
| information under this Section has violated any provision of | 7 |
| this Section by filing late, incomplete, or inaccurate reports, | 8 |
| the Director may fine the entity up to $1,000 for each offense. | 9 |
| Each day during which a violation occurs constitutes a separate | 10 |
| offense.
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| The Director may promulgate such rules and regulations as | 12 |
| may be necessary
to carry out the provisions of this Section.
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| (Source: P.A. 79-1434.)
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| (215 ILCS 5/1204) (from Ch. 73, par. 1065.904)
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| Sec. 1204. (A) The Director shall promulgate rules and | 16 |
| regulations
which shall require each insurer licensed to write | 17 |
| property or casualty
insurance in the State and each syndicate | 18 |
| doing business on the Illinois
Insurance Exchange to record and | 19 |
| report its loss and expense experience
and other data as may be | 20 |
| necessary to assess the relationship of
insurance premiums and | 21 |
| related income as compared to insurance costs and
expenses. The | 22 |
| Director may designate one or more rate service
organizations | 23 |
| or advisory organizations to gather and compile such
experience | 24 |
| and data. The Director shall require each insurer licensed to
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| write property or casualty insurance in this State and each | 26 |
| syndicate doing
business on the Illinois Insurance Exchange to | 27 |
| submit a report, on
a form furnished by the Director, showing | 28 |
| its direct writings in this
State and companywide.
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| (B) Such report required by subsection (A) of this Section | 30 |
| may include,
but not be limited to, the following specific | 31 |
| types of insurance written by
such insurer:
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| (1) Political subdivision liability insurance reported | 33 |
| separately in the
following categories:
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| (a) municipalities;
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| (b) school districts;
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| (c) other political subdivisions;
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| (2) Public official liability insurance;
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| (3) Dram shop liability insurance;
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| (4) Day care center liability insurance;
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| (5) Labor, fraternal or religious organizations | 8 |
| liability insurance;
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| (6) Errors and omissions liability insurance;
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| (7) Officers and directors liability insurance | 11 |
| reported separately as
follows:
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| (a) non-profit entities;
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| (b) for-profit entities;
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| (8) Products liability insurance;
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| (9) Medical malpractice insurance;
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| (10) Attorney malpractice insurance;
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| (11) Architects and engineers malpractice insurance; | 18 |
| and
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| (12) Motor vehicle insurance reported separately for | 20 |
| commercial and
private passenger vehicles as follows:
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| (a) motor vehicle physical damage insurance;
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| (b) motor vehicle liability insurance.
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| (C) Such report may include, but need not be limited to the | 24 |
| following data,
both
specific to this State and companywide, in | 25 |
| the aggregate or by type of
insurance for the previous year on | 26 |
| a calendar year basis:
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| (1) Direct premiums written;
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| (2) Direct premiums earned;
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| (3) Number of policies;
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| (4) Net investment income, using appropriate estimates | 31 |
| where necessary;
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| (5) Losses paid;
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| (6) Losses incurred;
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| (7) Loss reserves:
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| (a) Losses unpaid on reported claims;
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| (b) Losses unpaid on incurred but not reported | 3 |
| claims;
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| (8) Number of claims:
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| (a) Paid claims;
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| (b) Arising claims;
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| (9) Loss adjustment expenses:
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| (a) Allocated loss adjustment expenses;
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| (b) Unallocated loss adjustment expenses;
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| (10) Net underwriting gain or loss;
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| (11) Net operation gain or loss, including net | 12 |
| investment income;
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| (12) Any other information requested by the Director.
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| (C-5) Additional information required from medical | 15 |
| malpractice insurers. | 16 |
| (1) In addition to the other requirements of this | 17 |
| Section, all medical malpractice insurers shall include | 18 |
| the following information in the report required by | 19 |
| subsection (A) of this Section in such form and under such | 20 |
| terms and conditions as may be prescribed by the Director: | 21 |
| (a) paid and incurred losses by county for each of | 22 |
| the past 10 policy years; and | 23 |
| (b) earned exposures by ISO code, policy type, and | 24 |
| policy year by county for each of the past 10 years. | 25 |
| (2) All information collected by the Director under | 26 |
| paragraph (1) of this subsection (C-5) shall be made | 27 |
| available, on an aggregate basis only, to the General | 28 |
| Assembly and the general public. This provision shall | 29 |
| supersede any other provision of law that may otherwise | 30 |
| protect such information from public disclosure as | 31 |
| confidential. The identity of any plaintiff, defendant, | 32 |
| attorney, or insurance company shall not be disclosed.
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| (D) In addition to the information which may be requested | 34 |
| under
subsection (C), the Director may also request on a |
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| companywide, aggregate
basis, Federal Income Tax recoverable, | 2 |
| net realized capital gain or loss,
net unrealized capital gain | 3 |
| or loss, and all other expenses not requested
in subsection (C) | 4 |
| above.
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| (E) Violations - Suspensions - Revocations.
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| (1) Any company or person
subject to this Article, who | 7 |
| willfully or repeatedly fails to observe or who
otherwise | 8 |
| violates any of the provisions of this Article or any rule | 9 |
| or
regulation promulgated by the Director under authority | 10 |
| of this Article or any
final order of the Director entered | 11 |
| under the authority of this Article shall
by civil penalty | 12 |
| forfeit to the State of Illinois a sum not to exceed
| 13 |
| $2,000. Each day during which a violation occurs | 14 |
| constitutes a
separate
offense.
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| (2) No forfeiture liability under paragraph (1) of this | 16 |
| subsection may
attach unless a written notice of apparent | 17 |
| liability has been issued by the
Director and received by | 18 |
| the respondent, or the Director sends written
notice of | 19 |
| apparent liability by registered or certified mail, return
| 20 |
| receipt requested, to the last known address of the | 21 |
| respondent. Any
respondent so notified must be granted an | 22 |
| opportunity to request a hearing
within 10 days from | 23 |
| receipt of notice, or to show in writing, why he should
not | 24 |
| be held liable. A notice issued under this Section must set | 25 |
| forth the
date, facts and nature of the act or omission | 26 |
| with which the respondent is
charged and must specifically | 27 |
| identify the particular provision of this
Article, rule, | 28 |
| regulation or order of which a violation is charged.
| 29 |
| (3) No forfeiture liability under paragraph (1) of this | 30 |
| subsection may
attach for any violation occurring more than | 31 |
| 2 years prior to the date of
issuance of the notice of | 32 |
| apparent liability and in no event may the total
civil | 33 |
| penalty forfeiture imposed for the acts or omissions set | 34 |
| forth in any
one notice of apparent liability exceed |
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| $100,000.
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| (4) All administrative hearings conducted pursuant to | 3 |
| this Article are
subject to 50 Ill. Adm. Code 2402 and all | 4 |
| administrative hearings are
subject to the Administrative | 5 |
| Review Law.
| 6 |
| (5) The civil penalty forfeitures provided for in this | 7 |
| Section are
payable to the General Revenue Fund of the | 8 |
| State of Illinois, and may be
recovered in a civil suit in | 9 |
| the name of the State of Illinois brought in
the Circuit | 10 |
| Court in Sangamon County or in the Circuit Court of the | 11 |
| county
where the respondent is domiciled or has its | 12 |
| principal operating office.
| 13 |
| (6) In any case where the Director issues a notice of | 14 |
| apparent liability
looking toward the imposition of a civil | 15 |
| penalty forfeiture under this
Section that fact may not be | 16 |
| used in any other proceeding before the
Director to the | 17 |
| prejudice of the respondent to whom the notice was issued,
| 18 |
| unless (a) the civil penalty forfeiture has been paid, or | 19 |
| (b) a court has
ordered payment of the civil penalty | 20 |
| forfeiture and that order has become
final.
| 21 |
| (7) When any person or company has a license or | 22 |
| certificate of authority
under this Code and knowingly | 23 |
| fails or refuses to comply with a lawful
order of the | 24 |
| Director requiring compliance with this Article, entered | 25 |
| after
notice and hearing, within the period of time | 26 |
| specified in the order, the
Director may, in addition to | 27 |
| any other penalty or authority
provided, revoke or refuse | 28 |
| to renew the license or certificate of authority
of such | 29 |
| person
or company, or may suspend the license or | 30 |
| certificate of authority
of such
person or company until | 31 |
| compliance with such order has been obtained.
| 32 |
| (8) When any person or company has a license or | 33 |
| certificate of authority
under this Code and knowingly | 34 |
| fails or refuses to comply with any
provisions of this |
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| Article, the Director may, after notice and hearing, in
| 2 |
| addition to any other penalty provided, revoke or refuse to | 3 |
| renew the
license or certificate of authority of such | 4 |
| person or company, or may
suspend the license or | 5 |
| certificate of authority of such person or company,
until | 6 |
| compliance with such provision of this Article has been | 7 |
| obtained.
| 8 |
| (9) No suspension or revocation under this Section may | 9 |
| become effective
until 5 days from the date that the notice | 10 |
| of suspension or revocation has
been personally delivered | 11 |
| or delivered by registered or certified mail to
the company | 12 |
| or person. A suspension or revocation under this Section is
| 13 |
| stayed upon the filing, by the company or person, of a | 14 |
| petition for
judicial review under the Administrative | 15 |
| Review Law.
| 16 |
| (Source: P.A. 93-32, eff. 7-1-03.)
| 17 |
| Section 10. The Clerks of Courts Act is amended by adding | 18 |
| Section 27.10 as follows: | 19 |
| (705 ILCS 105/27.10 new)
| 20 |
| Sec. 27.10. Director of Insurance. Each clerk of the | 21 |
| circuit court shall provide to the Director of Insurance such | 22 |
| information as the Director of Insurance requests under Section | 23 |
| 155.19 of the Illinois Insurance Code.
| 24 |
| Section 15. The Code of Civil Procedure is amended by | 25 |
| reenacting and changing Sections 2-1109 and 2-1702, changing | 26 |
| Section 2-1704, and adding Section 2-1706.5 as follows:
| 27 |
| (735 ILCS 5/2-1109) (from Ch. 110, par. 2-1109)
| 28 |
| (Text of Section WITHOUT the changes made by P.A. 89-7, | 29 |
| which has been held
unconstitutional)
| 30 |
| Sec. 2-1109. Itemized verdicts. |
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| (a) In every case where damages for bodily injury or death
| 2 |
| to
the person are assessed by the jury the verdict shall be | 3 |
| itemized so as to
reflect the monetary
distribution , if any,
| 4 |
| among economic loss and non-economic loss , if any, and, in | 5 |
| healing art
medical
malpractice cases,
further itemized so as | 6 |
| to reflect the distribution of economic loss by
category, such | 7 |
| itemization of economic loss by category to include: (a)
| 8 |
| amounts intended to compensate for reasonable expenses which | 9 |
| have been
incurred, or which will be incurred, for necessary | 10 |
| medical, surgical,
x-ray, dental, or other health or | 11 |
| rehabilitative services, drugs, and
therapy; (b) amounts | 12 |
| intended to compensate for lost wages or loss of
earning | 13 |
| capacity; and (c) all other economic losses claimed by the | 14 |
| plaintiff
or granted by the jury. Each category of economic | 15 |
| loss shall be further
itemized into amounts intended to | 16 |
| compensate for losses which have been
incurred prior to the | 17 |
| verdict and amounts intended to compensate for
future losses | 18 |
| which will be incurred in the future .
| 19 |
| (b) In all actions on account of bodily injury or death | 20 |
| based on negligence, including healing art malpractice | 21 |
| actions, the following terms have the following meanings:
| 22 |
| (i) "Economic loss" or "economic damages" means all | 23 |
| damages that are tangible, such as damages for past and | 24 |
| future medical expenses, loss of income or earnings and | 25 |
| other property loss.
| 26 |
| (ii) "Non-economic loss" or "non-economic damages" | 27 |
| means damages that are intangible, including but not | 28 |
| limited to damages for pain and suffering, disability, | 29 |
| disfigurement, loss of consortium, and loss of society.
| 30 |
| (iii) "Compensatory damages" or "actual damages" are | 31 |
| the sum of economic and non-economic damages.
| 32 |
| (c) Nothing in this Section shall be construed to create a | 33 |
| cause of action.
| 34 |
| (d) This amendatory Act of the 93rd General Assembly |
|
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| 1 |
| applies to causes of action filed on or after its effective | 2 |
| date.
| 3 |
| (Source: P.A. 84-7.)
| 4 |
| (735 ILCS 5/2-1702) (from Ch. 110, par. 2-1702)
| 5 |
| (Text of Section WITHOUT the changes made by P.A. 89-7, | 6 |
| which has been held
unconstitutional)
| 7 |
| Sec. 2-1702. Economic/Non-Economic Loss. As used in this | 8 |
| Part , "economic loss" and "non-economic loss" have the same | 9 |
| meanings as in Section 2-1109(b). :
| 10 |
| (a) "Economic loss" means all pecuniary harm for which | 11 |
| damages
are recoverable.
| 12 |
| (b) "Non-economic loss" means loss of consortium and all | 13 |
| nonpecuniary
harm for which damages are recoverable, | 14 |
| including, without limitation,
damages for pain and suffering, | 15 |
| inconvenience, disfigurement, and
physical impairment.
| 16 |
| (Source: P.A. 84-7.)
| 17 |
| (735 ILCS 5/2-1704) (from Ch. 110, par. 2-1704)
| 18 |
| Sec. 2-1704. Healing art malpractice
Medical Malpractice | 19 |
| Action . As used in this Code
Part ,
" healing art
medical
| 20 |
| malpractice action" means any action, whether in tort, contract | 21 |
| or
otherwise, in which the plaintiff seeks damages for injuries | 22 |
| or death by
reason of medical, hospital, or other healing art | 23 |
| malpractice including but not limited to medical, hospital, | 24 |
| nursing home, nursing, dental, or podiatric malpractice .
The | 25 |
| term "healing art" shall not include care and
treatment by | 26 |
| spiritual means through prayer in accord with the tenets and
| 27 |
| practices of a recognized church or religious denomination.
| 28 |
| (Source: P.A. 84-7.)
| 29 |
| (735 ILCS 5/2-1706.5 new) | 30 |
| Sec. 2-1706.5. Standards for economic and non-economic | 31 |
| damages. |
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| (a) In any medical malpractice action in which economic and | 2 |
| non-economic damages may be awarded, the following standards | 3 |
| shall apply: | 4 |
| (1) In a case of an award against a hospital and its | 5 |
| personnel, the total amount of non-economic damages shall | 6 |
| not exceed $750,000 awarded to all plaintiffs in any civil | 7 |
| action arising out of the care. | 8 |
| (2) In a case of an award against a physician and the | 9 |
| physician's business or corporation entity, the total | 10 |
| amount of non-economic damages shall not exceed $500,000 | 11 |
| awarded to all plaintiffs in any civil action arising out | 12 |
| of the care. | 13 |
| (3) In awarding damages in a medical malpractice case, | 14 |
| the finder of fact shall render verdicts with a specific | 15 |
| award of damages for economic loss, if any, and a specific | 16 |
| award of damages for non-economic loss, if any. | 17 |
| (b) In any medical malpractice action where an individual | 18 |
| plaintiff earns less than the annual average weekly wage, as | 19 |
| determined by the Industrial Commission, at the time the action | 20 |
| is filed, any award may include an amount equal to the wage the | 21 |
| individual plaintiff earns or the annual average weekly wage. | 22 |
| (c) Any party in a medical malpractice case may introduce | 23 |
| annuity evidence to inform the fact finder about the time value | 24 |
| of an award and its ability to cover the plaintiff's damages | 25 |
| over time.
| 26 |
| (d) If any provision of this Section or its application to | 27 |
| any person or circumstance is held invalid, the invalidity of | 28 |
| that provision or application does not affect other provisions | 29 |
| or applications of this Section.
| 30 |
| Section 97. Inseverability. The provisions of this Act are | 31 |
| mutually dependent and inseverable. If any provision is held | 32 |
| invalid other than as applied to a particular person or | 33 |
| circumstance, then this entire Act is invalid.
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| 1 |
| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
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|