Illinois General Assembly - Full Text of HB5605
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Full Text of HB5605  101st General Assembly

HB5605 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5605

 

Introduced , by Rep. Theresa Mah

 

SYNOPSIS AS INTRODUCED:
 
745 ILCS 49/30

    Amends the Good Samaritan Act. Changes the definition of "free medical clinic". Provides that the immunity from civil damages applies to the free clinic entity itself. Provides that a free medical clinic may receive reimbursement from the Department of Public Aid only if any reimbursements are used to pay overhead expenses of operating the free medical clinic and may not be used to provide a fee or other compensation to any person licensed under the Medical Practice Act of 1987 or any other health care professional who receives an exemption. Provides that any health care professional who receives an exemption may not receive any fee or other compensation in connection with any services provided to, or any ownership interest in, the clinic. Contains applicability provisions.


LRB101 19543 LNS 69017 b

 

 

A BILL FOR

 

HB5605LRB101 19543 LNS 69017 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Good Samaritan Act is amended by changing
5Section 30 as follows:
 
6    (745 ILCS 49/30)
7    Sec. 30. Free medical clinic; exemption from civil
8liability for services performed without compensation.
9    (a) A person licensed under the Medical Practice Act of
101987, a person licensed to practice the treatment of human
11ailments in any other state or territory of the United States,
12or a health care professional, including but not limited to an
13advanced practice registered nurse, retired physician,
14physician assistant, nurse, pharmacist, physical therapist,
15podiatric physician, or social worker licensed in this State or
16any other state or territory of the United States, who, in good
17faith, provides medical treatment, diagnosis, or advice as a
18part of the services of an established free medical clinic
19providing care, including, but not limited to, home visits,
20without charge to medically indigent patients which is limited
21to care that does not require the services of a licensed
22hospital or ambulatory surgical treatment center and who
23receives no fee or compensation from that source shall not be

 

 

HB5605- 2 -LRB101 19543 LNS 69017 b

1liable for civil damages as a result of his or her acts or
2omissions in providing that medical treatment, except for
3willful or wanton misconduct.
4    (b) For purposes of this Section, a "free medical clinic"
5is:
6        (1) an organized community based program providing
7    medical care without charge to individuals unable to pay
8    for it or for a minimal administrative fee according to the
9    individual's ability to pay, at which the care provided
10    does not include the use of general anesthesia or require
11    an overnight stay in a health-care facility. Any fee
12    collected for providing care at a free medical clinic shall
13    be used only to pay overhead expenses of operating the
14    clinic, including, but not limited to, non-direct service
15    administrative staff salaries; or
16        (2) (blank). a program organized by a certified local
17    health department pursuant to Part 600 of Title 77 of the
18    Illinois Administrative Code, utilizing health
19    professional members of the Volunteer Medical Reserve
20    Corps (the federal organization under 42 U.S.C. 300hh-15)
21    providing medical care without charge to individuals
22    unable to pay for it, at which the care provided does not
23    include an overnight stay in a health-care facility.
24    (c) The provisions of subsection (a) of this Section do not
25apply to a particular case unless the free medical clinic has
26posted in a conspicuous place on its premises an explanation of

 

 

HB5605- 3 -LRB101 19543 LNS 69017 b

1the exemption from civil liability provided herein.
2    (d) The immunity from civil damages provided under
3subsection (a) also applies to the free clinic entity itself,
4physicians, retired physicians, hospitals, and other health
5care providers that provide further medical treatment,
6diagnosis, or advice, including, but not limited to,
7hospitalization, office visits, and home visits, to a patient
8upon referral from an established free medical clinic without
9fee or compensation.
10    (d-5) A free medical clinic may receive reimbursement from
11the Department of Public Aid only if any reimbursements are
12used to pay overhead expenses of operating the free medical
13clinic and may not be used, in whole or in part, to provide a
14fee or other compensation to any person licensed under the
15Medical Practice Act of 1987 or any other health care
16professional who receives an exemption under this Section. Any
17health care professional who receives an exemption under this
18Section may not receive any fee or other compensation in
19connection with any services provided to, or any ownership
20interest in, the clinic. Medical care shall not include an
21overnight stay in a health care facility.
22    (e) Nothing in this Section prohibits a free medical clinic
23from accepting voluntary contributions for medical services
24provided to a patient who has acknowledged his or her ability
25and willingness to pay a portion of the value of the medical
26services provided.

 

 

HB5605- 4 -LRB101 19543 LNS 69017 b

1    (e-5) Any voluntary contribution collected for providing
2care at a free medical clinic shall be used only to pay
3overhead expenses of operating the clinic, including, but not
4limited to, non-direct service administrative staff salaries.
5No portion of any moneys collected shall be used to provide a
6fee or other compensation to any person licensed under Medical
7Practice Act of 1987.
8    (f) The changes to this Section made by this amendatory Act
9of the 99th General Assembly apply only to causes of action
10accruing on or after the effective date of this amendatory Act
11of the 99th General Assembly. The changes made this to Section
12by this amendatory Act of the 101st General Assembly apply to
13causes of action accruing on or after August 25, 2005.
14(Source: P.A. 99-42, eff. 1-1-16; 100-513, eff. 1-1-18.)