Full Text of HB1474 97th General Assembly
HB1474ham001 97TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 3/2/2012
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| 1 | | AMENDMENT TO HOUSE BILL 1474
| 2 | | AMENDMENT NO. ______. Amend House Bill 1474 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by reenacting | 5 | | Section 5.661 as follows:
| 6 | | (30 ILCS 105/5.661)
| 7 | | Sec. 5.661. The Sorry Works! Fund.
| 8 | | (Source: P.A. 94-677, eff. 8-25-05 ; 95-331, eff. 8-21-07.) | 9 | | Section 10. The Sorry Works! Pilot Program Act is amended | 10 | | by reenacting the heading of Article 4 and Sections 401, 405, | 11 | | and 410 and by reenacting and changing Section 415 as follows: | 12 | | (710 ILCS 45/Art. 4 heading) | 13 | | ARTICLE 4. SORRY WORKS! PILOT PROGRAM ACT
| 14 | | (Source: P.A. 94-677, eff. 8-25-05 .) |
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| 1 | | (710 ILCS 45/401)
| 2 | | Sec. 401. Short title. This Article 4 may be cited as the | 3 | | Sorry Works! Pilot Program Act , and references in this Article | 4 | | to "this Act" mean this Article.
| 5 | | (Source: P.A. 94-677, eff. 8-25-05 .) | 6 | | (710 ILCS 45/405)
| 7 | | Sec. 405. Sorry Works! pilot program. The Sorry Works! | 8 | | pilot program is established. During the first year of the | 9 | | program's operation, participation in the program shall be open | 10 | | to one hospital.
Hospitals may participate only with the | 11 | | approval of the hospital administration and the hospital's | 12 | | organized medical staff. During the second year of the | 13 | | program's operation, participation in the program shall be open | 14 | | to one additional hospital.
| 15 | | The first participating hospital selected by the committee | 16 | | established under Section 410 shall be located in a county with | 17 | | a population greater than 200,000 that is contiguous with the | 18 | | Mississippi River. | 19 | | Under the program, participating hospitals and physicians | 20 | | shall promptly acknowledge and apologize for mistakes in | 21 | | patient care and promptly offer fair settlements. | 22 | | Participating hospitals shall encourage patients and families | 23 | | to retain their own legal counsel to ensure that their rights | 24 | | are protected and to help facilitate negotiations for fair |
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| 1 | | settlements. Participating hospitals shall report to the | 2 | | committee their total costs for healing art malpractice | 3 | | verdicts, settlements, and defense litigation for the | 4 | | preceding 5 years to enable the committee to determine average | 5 | | costs for that hospital during that period. The committee shall | 6 | | develop standards and protocols to compare costs for cases | 7 | | handled by traditional means and cases handled under the Sorry | 8 | | Works! protocol. | 9 | | If the committee determines that the total costs of cases | 10 | | handled under the Sorry Works! protocol by a hospital | 11 | | participating in the program exceed the total costs that would | 12 | | have been incurred if the cases had been handled by traditional | 13 | | means, the hospital may apply for a grant from the Sorry Works! | 14 | | Fund, a special fund that is created in the State Treasury, for | 15 | | an amount, as determined by the committee, by which the total | 16 | | costs exceed the total costs that would have been incurred if | 17 | | the cases had been handled by traditional means; however, the | 18 | | total of all grants from the Fund for cases in any single | 19 | | participating hospital in any year may not exceed the amount in | 20 | | the Fund or $2,000,000, whichever is less.
All grants shall be | 21 | | subject to appropriation. Moneys in the Fund shall consist of | 22 | | funds transferred into the Fund or otherwise made available | 23 | | from any source.
| 24 | | (Source: P.A. 94-677, eff. 8-25-05 .) | 25 | | (710 ILCS 45/410)
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| 1 | | Sec. 410. Establishment of committee. | 2 | | (a) A committee is established to develop, oversee, and | 3 | | implement the Sorry Works! pilot program. The committee shall | 4 | | have 9 members, each of whom shall be a voting member. Six | 5 | | members of the committee shall constitute a quorum. The | 6 | | committee shall be comprised as follows:
| 7 | | (1) The President of the Senate, the Minority Leader of | 8 | | the Senate, the Speaker of the House of Representatives, | 9 | | and the Minority Leader of the House of Representatives | 10 | | shall each appoint 2 members. | 11 | | (2) The Secretary of Financial and Professional | 12 | | Regulation or his or her designee. | 13 | | (b) The committee shall establish criteria for the program, | 14 | | including but not limited to: selection of hospitals, | 15 | | physicians, and insurers to participate in the program; and | 16 | | creation of a subcommittee to review cases from hospitals and | 17 | | determine whether hospitals, physicians, and insurers are | 18 | | entitled to compensation under the program.
| 19 | | (c) The committee shall communicate with hospitals, | 20 | | physicians, and insurers that are interested in participating | 21 | | in the program. The committee shall make final decisions as to | 22 | | which applicants are accepted for the program. | 23 | | (d) The committee shall report to the Governor and the | 24 | | General Assembly annually. | 25 | | (e) The committee shall publish data regarding the program. | 26 | | (f) Committee members shall receive no compensation for the |
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| 1 | | performance of their duties as members, but each member shall | 2 | | be paid necessary expenses while engaged in the performance of | 3 | | those duties.
| 4 | | (Source: P.A. 94-677, eff. 8-25-05 .) | 5 | | (710 ILCS 45/415)
| 6 | | Sec. 415. Termination of program. | 7 | | (a) The program may be terminated at any time if the | 8 | | committee, by a vote of two-thirds of its members, votes to | 9 | | terminate the program.
| 10 | | (b) If the program is not terminated under subsection (a), | 11 | | the program shall terminate after its second year of operation | 12 | | following its reenactment by this amendatory Act of the 97th | 13 | | General Assembly .
| 14 | | (Source: P.A. 94-677, eff. 8-25-05 .)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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