Full Text of SB1663 98th General Assembly
SB1663 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1663 Introduced 2/13/2013, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
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Amends the Good Samaritan Act to reenact certain provisions of Public Act 94-677, which was declared to be unconstitutional. Includes explanatory and validation provisions. Makes changes relating to the reenactment.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Findings; purpose; text and revisory changes; | 5 | | validation; additional material. | 6 | | (a) The Illinois Supreme Court, in Lebron v. Gottlieb | 7 | | Memorial Hospital , 237 Ill.2d 217 (2010), found that the | 8 | | limitations on noneconomic damages in medical malpractice | 9 | | actions that were created in Public Act 94-677, contained in | 10 | | Section 2-1706.5 of the Code of Civil Procedure, violate the | 11 | | separation of powers clause of the Illinois Constitution. | 12 | | Because Public Act 94-677 contained an inseverability | 13 | | provision, the court held the Act to be void in its entirety. | 14 | | The court emphasized, however, that "because the other | 15 | | provisions contained in Public Act 94-677 are deemed invalid | 16 | | solely on inseverability grounds, the legislature remains free | 17 | | to reenact any provisions it deems appropriate". | 18 | | (b) It is the purpose of this Act to reenact certain | 19 | | provisions of Public Act 94-677 that did not involve | 20 | | limitations on noneconomic damages in medical malpractice | 21 | | actions and to validate certain actions taken in reliance on | 22 | | those provisions. | 23 | | (c) This Act reenacts Section 30 of the Good Samaritan Act. | 24 | | In this Section, certain effective date references and |
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| 1 | | applicability provisions have been changed to reflect the | 2 | | reenactment. This Act does not reenact any other provisions of | 3 | | Public Act 94-677. | 4 | | In this Act, the base text of the reenacted Section is set | 5 | | forth as it existed at the time of the Supreme Court's | 6 | | decision, including any amendments that occurred after P.A. | 7 | | 94-677. Striking and underscoring is used only to show the | 8 | | changes being made to that base text. | 9 | | (d) All otherwise lawful actions taken in reasonable | 10 | | reliance on or pursuant
to the Section reenacted by this Act, | 11 | | as set forth in Public Act 94-677 or
subsequently amended, by | 12 | | any officer, employee, agency, or unit of State or
local | 13 | | government or by any other person or entity, are hereby | 14 | | validated. | 15 | | With respect to actions taken in relation to matters | 16 | | arising under the
Section reenacted by this Act, a person is | 17 | | rebuttably presumed to have acted in
reasonable reliance on and | 18 | | pursuant to the provisions of Public Act 94-677,
as those | 19 | | provisions had been amended at the time the action was taken. | 20 | | With respect to their administration of matters arising | 21 | | under the
Section reenacted by this Act, officers, employees, | 22 | | agencies, and units of State and local government shall | 23 | | continue to
apply the provisions of Public Act 94-677, as those | 24 | | provisions had been
amended at the relevant time. | 25 | | Section 5. The Good Samaritan Act is amended by reenacting |
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| 1 | | and changing Section 30 as follows:
| 2 | | (745 ILCS 49/30)
| 3 | | Sec. 30. Free medical clinic; exemption from civil | 4 | | liability for services
performed without compensation. | 5 | | (a) A person licensed under the Medical Practice Act of | 6 | | 1987, a person
licensed to practice the treatment of human | 7 | | ailments in any
other state or territory of the United States, | 8 | | or a health care professional,
including but not limited to an | 9 | | advanced practice nurse, retired physician, physician
| 10 | | assistant, nurse, pharmacist, physical therapist, podiatrist, | 11 | | or social worker
licensed in this State or any other state or | 12 | | territory of the United States,
who, in good faith, provides | 13 | | medical treatment,
diagnosis, or advice as a part of the | 14 | | services of an
established free medical clinic providing care, | 15 | | including but not limited to home visits, without charge to | 16 | | patients
which is limited to care that does not require the | 17 | | services of a
licensed hospital or ambulatory surgical | 18 | | treatment center and who receives
no fee or compensation from | 19 | | that source shall not be liable for civil
damages as a result | 20 | | of his or her acts or omissions in
providing that medical | 21 | | treatment, except for willful or wanton misconduct.
| 22 | | (b) For purposes of this Section, a "free medical clinic" | 23 | | is an
organized community based program providing medical care | 24 | | without
charge to individuals, at which the
care provided does | 25 | | not include an overnight stay in a health-care facility.
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| 1 | | (c) The provisions of subsection (a) of this Section do not | 2 | | apply to a
particular case unless the free medical
clinic has | 3 | | posted in a conspicuous place on its premises an explanation of | 4 | | the
exemption from civil liability provided herein.
| 5 | | (d) The immunity from civil damages provided under | 6 | | subsection (a) also
applies to physicians, retired physicians,
| 7 | | hospitals, and other health care providers that provide
further | 8 | | medical treatment, diagnosis, or advice, including but not | 9 | | limited to hospitalization, office visits, and home visits, to | 10 | | a patient upon referral from
an established free medical clinic | 11 | | without fee or compensation.
| 12 | | (d-5) A free medical clinic may receive reimbursement from | 13 | | the Illinois
Department of Public Aid, provided any | 14 | | reimbursements shall be used only to pay
overhead expenses of | 15 | | operating the free medical clinic and may not be used, in
whole | 16 | | or in
part, to provide a fee or other compensation to any | 17 | | person licensed under the
Medical
Practice Act of 1987 or any | 18 | | other health care professional
who is receiving an exemption | 19 | | under this Section. Any health care professional receiving an | 20 | | exemption under this Section may not receive any fee or other | 21 | | compensation in connection with any services provided to, or | 22 | | any ownership interest in, the clinic. Medical care shall
not | 23 | | include
an overnight stay in a health care
facility. | 24 | | (e) Nothing in this Section prohibits a free medical clinic | 25 | | from accepting
voluntary contributions for medical services | 26 | | provided to a patient who has
acknowledged his or her ability |
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| 1 | | and willingness to pay a portion of the value
of the medical | 2 | | services provided.
| 3 | | (f) Any voluntary contribution collected for providing | 4 | | care at a free medical
clinic shall be used only to pay | 5 | | overhead expenses of operating the clinic. No
portion of any | 6 | | moneys collected shall be used to provide a fee or other
| 7 | | compensation to any person licensed under Medical Practice Act | 8 | | of 1987.
| 9 | | (g) The changes to this Section made by Public Act 94-677 | 10 | | and reenacted by this amendatory Act of the 98th 94th General | 11 | | Assembly apply to causes of action
accruing on or after August | 12 | | 25, 2005, as those changes may be amended from time to time its | 13 | | effective date .
| 14 | | (Source: P.A. 94-677, eff. 8-25-05.)
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