Full Text of SB1887 97th General Assembly
SB1887 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1887 Introduced 2/10/2011, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED: |
| 215 ILCS 5/155.18 | from Ch. 73, par. 767.18 | 215 ILCS 5/155.18a | | 215 ILCS 5/155.19 | from Ch. 73, par. 767.19 | 215 ILCS 5/1204 | from Ch. 73, par. 1065.904 | 225 ILCS 60/7 | from Ch. 111, par. 4400-7 | 225 ILCS 60/22 | from Ch. 111, par. 4400-22 | 225 ILCS 60/23 | from Ch. 111, par. 4400-23 | 225 ILCS 60/24 | from Ch. 111, par. 4400-24 | 225 ILCS 60/24.1 | | 225 ILCS 60/36 | from Ch. 111, par. 4400-36 | 735 ILCS 5/2-622 | from Ch. 110, par. 2-622 | 735 ILCS 5/2-1303 | from Ch. 110, par. 2-1303 | 735 ILCS 5/2-1704.5 | | 735 ILCS 5/8-1901 | from Ch. 110, par. 8-1901 | 735 ILCS 5/8-2006 | | 735 ILCS 5/8-2501 | from Ch. 110, par. 8-2501 | 745 ILCS 49/30 | |
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Amends the Illinois Insurance Code, the Medical Practice Act of 1987, the Code of Civil Procedure, and 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, including revisory changes. Also makes these substantive changes: Amends the Code of Civil Procedure to lower the rate of interest payable on judgments; to provide for annual indexing of those rates; and to delay the accrual of interest in certain cases where a federal Medicare lien may exist against the judgment. Includes an inseverability provision. Effective immediately.
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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 , found that the limitations on noneconomic | 8 | | damages in medical malpractice actions that were created in | 9 | | Public Act 94-677, contained in Section 2-1706.5 of the Code of | 10 | | Civil Procedure, violate the separation of powers clause of the | 11 | | Illinois Constitution. Because Public Act 94-677 contained an | 12 | | inseverability provision, the Court held the Act to be void in | 13 | | its entirety. The Court emphasized, however, that "because the | 14 | | other provisions contained in Public Act 94-677 are deemed | 15 | | invalid solely on inseverability grounds, the legislature | 16 | | remains free to reenact any provisions it deems appropriate". | 17 | | (b) It is the purpose of this Act to reenact certain | 18 | | provisions of Public Act 94-677 that did not involve | 19 | | limitations on noneconomic damages in medical malpractice | 20 | | actions and to validate certain actions taken in reliance on | 21 | | those provisions. | 22 | | (c) This Act reenacts (i) Sections 155.18, 155.18a, 155.19, | 23 | | and 1204 of the Illinois Insurance Code; (ii) Sections 7, 22, | 24 | | 23, 24, 24.1, and 36 of the Medical Practice Act of 1987; (iii) |
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| 1 | | Sections 2-622, 2-1704.5, 8-1901, and 8-2501 of the Code of | 2 | | Civil Procedure; and (iv) Section 30 of the Good Samaritan Act. | 3 | | In those Sections, certain effective date references and | 4 | | applicability provisions have been changed to reflect the | 5 | | reenactment. This Act does not reenact any other provisions of | 6 | | Public Act 94-677. | 7 | | (d) Public Act 94-677 amended existing Sections 155.18, | 8 | | 155.19, and 1204 of the Illinois Insurance Code and added a new | 9 | | Section 155.18a. Section 1204 was subsequently amended by | 10 | | Public Act 95-331, which was a revisory bill that combined the | 11 | | changes made by Public Act 94-277 with those made by Public Act | 12 | | 94-677. Sections 155.18, 155.18a, and 155.19 have not been | 13 | | amended since the enactment of Public Act 94-677. | 14 | | Executive Order No. 2004-6 changed the Department of | 15 | | Insurance into
the Division of Insurance within the Department | 16 | | of Financial
and Professional Regulation. In conformance with | 17 | | that executive order,
Public Act 94-677 changed certain | 18 | | references in the affected Sections from the Director of | 19 | | Insurance to the Secretary of Financial and Professional | 20 | | Regulation. Public Act 96-811 superseded the executive order | 21 | | and re-established the Department of Insurance as a separate | 22 | | department, once again under the supervision of the Director of | 23 | | Insurance. Therefore, in reenacting these Sections, revisory | 24 | | changes have been included that conform the text to Public Act | 25 | | 96-811 by changing references to the Secretary back to the | 26 | | Director. A revisory change is also made in a reference to the |
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| 1 | | effective date of Public Act 94-677, which is replaced by the | 2 | | actual date. | 3 | | In this Act, the base text of the reenacted Sections is set | 4 | | forth as it existed at the time of the Supreme Court's | 5 | | decision, including any amendments that occurred after P.A. | 6 | | 94-677. Striking and underscoring is used only to show the | 7 | | changes being made to that base text. | 8 | | (e) All otherwise lawful actions taken in reasonable | 9 | | reliance on or pursuant
to the Sections reenacted by this Act, | 10 | | as set forth in Public Act 94-677 or
subsequently amended, by | 11 | | any officer, employee, agency, or unit of State or
local | 12 | | government or by any other person or entity, are hereby | 13 | | validated. | 14 | | With respect to actions taken in relation to matters | 15 | | arising under the
Sections reenacted by this Act, a person is | 16 | | rebuttably presumed to have acted in
reasonable reliance on and | 17 | | pursuant to the provisions of Public Act 94-677,
as those | 18 | | provisions had been amended at the time the action was taken. | 19 | | With respect to their administration of matters arising | 20 | | under the
Sections reenacted by this Act, officers, employees, | 21 | | agencies, and units of State and local government shall | 22 | | continue to
apply the provisions of Public Act 94-677, as those | 23 | | provisions had been
amended at the relevant time. | 24 | | (f) This Act also contains material making new substantive | 25 | | changes. It amends Sections 2-1303 and 8-2006 of the Code of | 26 | | Civil Procedure to lower the rate of interest payable on |
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| 1 | | judgments; to provide for annual indexing of those rates; and | 2 | | to delay the accrual of interest in certain cases where a | 3 | | federal Medicare lien may exist against the judgment. | 4 | | Section 5. The Illinois Insurance Code is amended by | 5 | | reenacting and changing Sections 155.18, 155.18a, 155.19, and | 6 | | 1204 as follows:
| 7 | | (215 ILCS 5/155.18) (from Ch. 73, par. 767.18)
| 8 | | Sec. 155.18. (a) This Section shall apply to insurance on | 9 | | risks based
upon negligence by a physician, hospital or other | 10 | | health care provider,
referred to herein as medical liability | 11 | | insurance. This Section shall not
apply to contracts of | 12 | | reinsurance, nor to any farm, county, district or
township | 13 | | mutual insurance company transacting business under an Act | 14 | | entitled
"An Act relating to local mutual district, county and | 15 | | township insurance
companies", approved March 13, 1936, as now | 16 | | or hereafter amended, nor to
any such company operating under a | 17 | | special charter.
| 18 | | (b) The following standards shall apply to the making and | 19 | | use of rates
pertaining to all classes of medical liability | 20 | | insurance:
| 21 | | (1) Rates shall not be excessive or inadequate nor
| 22 | | shall they be unfairly discriminatory.
| 23 | | (2) Consideration shall be given, to the extent | 24 | | applicable, to past and
prospective loss experience within |
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| 1 | | and outside this State, to a reasonable
margin for | 2 | | underwriting profit and contingencies, to past and | 3 | | prospective
expenses both countrywide and those especially | 4 | | applicable to this State,
and to all other factors, | 5 | | including judgment factors, deemed relevant within
and | 6 | | outside this State.
| 7 | | Consideration may also be given in the making and use | 8 | | of rates to dividends,
savings or unabsorbed premium | 9 | | deposits allowed or returned by companies
to their | 10 | | policyholders, members or subscribers.
| 11 | | (3) The systems of expense provisions included in the | 12 | | rates for use by
any company or group of companies may | 13 | | differ from those of other companies
or groups of companies | 14 | | to reflect the operating methods of any such company
or | 15 | | group with respect to any kind of insurance, or with | 16 | | respect to any subdivision
or combination thereof.
| 17 | | (4) Risks may be grouped by classifications for the | 18 | | establishment of rates
and minimum premiums. | 19 | | Classification rates may be modified to produce
rates for | 20 | | individual risks in accordance with rating plans which | 21 | | establish
standards for measuring variations in hazards or | 22 | | expense provisions, or
both. Such standards may measure any | 23 | | difference among risks that have a
probable effect upon | 24 | | losses or expenses. Such classifications or modifications
| 25 | | of classifications of risks may be established based upon | 26 | | size, expense,
management, individual experience, location |
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| 1 | | or dispersion of hazard, or
any other reasonable | 2 | | considerations and shall apply to all risks under the
same | 3 | | or substantially the same circumstances or conditions.
The | 4 | | rate for
an established classification should be related | 5 | | generally to the anticipated
loss and expense factors of | 6 | | the class.
| 7 | | (c) (1) Every company writing medical liability insurance | 8 | | shall file with
the Director of Insurance Secretary of | 9 | | Financial and Professional Regulation the rates and rating | 10 | | schedules it uses for medical
liability insurance. A rate shall | 11 | | go into effect upon filing, except as otherwise provided in | 12 | | this Section.
| 13 | | (2) If (i) 1% of a company's insureds within a specialty or | 14 | | 25 of the company's insureds (whichever is greater) request a | 15 | | public hearing, (ii) the Director Secretary at his or her | 16 | | discretion decides to convene a public hearing, or (iii) the | 17 | | percentage increase in a company's rate is greater than 6%, | 18 | | then the Director Secretary shall convene a public hearing in | 19 | | accordance with this paragraph (2). The Director Secretary | 20 | | shall notify the public of any application by an insurer for a | 21 | | rate increase to which this paragraph (2) applies. A public | 22 | | hearing under this paragraph (2) must be concluded within 90 | 23 | | days after the request, decision, or increase that gave rise to | 24 | | the hearing. The Director Secretary may, by order, adjust a | 25 | | rate or take any other appropriate action at the conclusion of | 26 | | the hearing. |
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| 1 | | (3) A rate filing shall occur upon a company's commencement | 2 | | of medical liability insurance business in this State
and | 3 | | thereafter as often as the rates
are changed or amended.
| 4 | | (4) For the purposes of this Section, any change in premium | 5 | | to the company's
insureds as a result of a change in the | 6 | | company's base rates or a change
in its increased limits | 7 | | factors shall constitute a change in rates and shall
require a | 8 | | filing with the Director Secretary .
| 9 | | (5) It shall be certified in such filing by an officer of | 10 | | the company
and a qualified actuary that the company's rates
| 11 | | are based on sound actuarial
principles and are not | 12 | | inconsistent with the company's experience.
The Director | 13 | | Secretary may request any additional statistical data and other | 14 | | pertinent information necessary to determine the manner the | 15 | | company used to set the filed rates and the reasonableness of | 16 | | those rates. This data and information shall be made available, | 17 | | on a company-by-company basis, to the general public.
| 18 | | (d) If after
a public hearing the Director Secretary finds:
| 19 | | (1) that any rate, rating plan or rating system | 20 | | violates the provisions
of this Section applicable to it, | 21 | | he shall issue an order to the company which
has been the | 22 | | subject of the hearing specifying in what respects such | 23 | | violation
exists and, in that order, may adjust the rate;
| 24 | | (2) that the violation of any of the provisions of this | 25 | | Section by any company which has been the subject of the | 26 | | hearing was wilful or that any company has repeatedly |
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| 1 | | violated any provision of this Section, he
may take either | 2 | | or both of the following actions: | 3 | | (A) Suspend or revoke, in whole or in part, the | 4 | | certificate of authority
of such company with respect | 5 | | to the class of insurance which has been the
subject of | 6 | | the hearing.
| 7 | | (B) Impose a penalty of up to $1,000 against the | 8 | | company for each violation. Each day during which a | 9 | | violation occurs constitutes a separate violation.
| 10 | | The burden is on the company to justify the rate or | 11 | | proposed rate at the public hearing.
| 12 | | (e) Every company writing medical liability insurance in | 13 | | this State shall offer to each of its medical liability | 14 | | insureds the option to make premium payments in quarterly | 15 | | installments as prescribed by and filed with the Director | 16 | | Secretary . This offer shall be included in the initial offer or | 17 | | in the first policy renewal occurring after August 25, 2005 the | 18 | | effective date of this amendatory Act of the 94th General | 19 | | Assembly , but no earlier than January 1, 2006.
| 20 | | (f) Every company writing medical liability insurance is | 21 | | encouraged, but not required, to offer the opportunity for | 22 | | participation in a plan offering deductibles to its medical | 23 | | liability insureds. Any plan to offer deductibles shall be | 24 | | filed with the Department. | 25 | | (g) Every company writing medical liability insurance is | 26 | | encouraged, but not required, to offer their medical liability |
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| 1 | | insureds a plan
providing premium discounts for participation | 2 | | in risk
management activities. Any
such plan shall be reported | 3 | | to the Department.
| 4 | | (h) A company writing medical liability insurance in | 5 | | Illinois must give 180 days' notice before the company | 6 | | discontinues the writing of medical liability insurance in | 7 | | Illinois.
| 8 | | (Source: P.A. 94-677, eff. 8-25-05.)
| 9 | | (215 ILCS 5/155.18a) | 10 | | Sec. 155.18a. Professional Liability Insurance Resource | 11 | | Center. The Director of Insurance Secretary of Financial and | 12 | | Professional Regulation shall establish a Professional | 13 | | Liability Insurance Resource Center on the Department's | 14 | | Internet website containing the name, telephone number, and | 15 | | base rates of each licensed company providing medical liability | 16 | | insurance and the name, address, and telephone number of each | 17 | | producer who sells medical liability insurance and the name of | 18 | | each licensed company for which the producer sells medical | 19 | | liability insurance. Each company and producer shall submit the | 20 | | information to the Department on or before September 30 of each | 21 | | year in order to be listed on the website. Hyperlinks to | 22 | | company websites shall be included, if available. The | 23 | | publication of the information on the Department's website | 24 | | shall commence on January 1, 2006. The Department shall update | 25 | | the information on the Professional Liability Insurance |
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| 1 | | Resource Center at least annually.
| 2 | | (Source: P.A. 94-677, eff. 8-25-05.)
| 3 | | (215 ILCS 5/155.19) (from Ch. 73, par. 767.19)
| 4 | | Sec. 155.19. All claims filed after December 31, 1976 with | 5 | | any insurer
and all suits filed after December 31, 1976 in any | 6 | | court in this State,
alleging liability on the part of any | 7 | | physician, hospital or other health
care provider for medically | 8 | | related injuries, shall be reported to the Director of | 9 | | Insurance Secretary of Financial and Professional Regulation | 10 | | in such form and under such terms and conditions as may be
| 11 | | prescribed by the Director Secretary . In addition, and | 12 | | notwithstanding any other provision of law to the contrary, any | 13 | | insurer, stop loss insurer, captive insurer, risk retention | 14 | | group, county risk retention trust, religious or charitable | 15 | | risk pooling trust, surplus line insurer, or other entity | 16 | | authorized or permitted by law to provide medical liability | 17 | | insurance in this State shall report to the Director Secretary ,
| 18 | | in such form and under such terms and conditions as may be
| 19 | | prescribed by the Director Secretary , all claims filed
after | 20 | | December 31, 2005 and all suits filed
after December 31, 2005 | 21 | | in any court in this State alleging liability on the part of | 22 | | any physician, hospital, or health
care provider for medically | 23 | | related injuries. Each clerk of the circuit court shall provide | 24 | | to the Director Secretary such information as the Director | 25 | | Secretary may deem necessary to verify the accuracy and |
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| 1 | | completeness of reports made to the Director Secretary under | 2 | | this Section. The Director Secretary shall maintain complete | 3 | | and accurate
records of all claims and suits including their | 4 | | nature, amount, disposition
(categorized by verdict, | 5 | | settlement, dismissal, or otherwise and including disposition | 6 | | of any post-trial motions and types of damages awarded, if any, | 7 | | including but not limited to economic damages and non-economic | 8 | | damages) and other information as he may deem useful or | 9 | | desirable in observing and
reporting on health care provider | 10 | | liability trends in this State. Records received by the | 11 | | Director Secretary under this Section shall be available to the | 12 | | general public; however, the records made available to the | 13 | | general public shall not include the names or addresses of the | 14 | | parties to any claims or suits. The Director Secretary
shall | 15 | | release to appropriate disciplinary and licensing agencies any | 16 | | such
data or information which may assist such agencies in
| 17 | | improving the quality of health care or which may be useful to | 18 | | such agencies
for the purpose of professional discipline.
| 19 | | With due regard for appropriate maintenance of the | 20 | | confidentiality thereof,
the Director Secretary
shall
release, | 21 | | on an annual basis, to the Governor, the General
Assembly and | 22 | | the general public statistical reports based on such data and | 23 | | information.
| 24 | | If the Director Secretary finds that any entity required to | 25 | | report information in its possession under this Section has | 26 | | violated any provision of this Section by filing late, |
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| 1 | | incomplete, or inaccurate reports, the Director Secretary may | 2 | | fine the entity up to $1,000 for each offense. Each day during | 3 | | which a violation occurs constitutes a separate offense.
| 4 | | The Director Secretary may promulgate such rules and | 5 | | regulations as may be necessary
to carry out the provisions of | 6 | | this Section.
| 7 | | (Source: P.A. 94-677, eff. 8-25-05.)
| 8 | | (215 ILCS 5/1204) (from Ch. 73, par. 1065.904)
| 9 | | Sec. 1204. (A) The Director Secretary shall promulgate | 10 | | rules and regulations
which shall require each insurer licensed | 11 | | to write property or casualty
insurance in the State and each | 12 | | syndicate doing business on the Illinois
Insurance Exchange to | 13 | | record and report its loss and expense experience
and other | 14 | | data as may be necessary to assess the relationship of
| 15 | | insurance premiums and related income as compared to insurance | 16 | | costs and
expenses. The Director Secretary may designate one or | 17 | | more rate service
organizations or advisory organizations to | 18 | | gather and compile such
experience and data. The Director | 19 | | Secretary shall require each insurer licensed to
write property | 20 | | or casualty insurance in this State and each syndicate doing
| 21 | | business on the Illinois Insurance Exchange to submit a report, | 22 | | on
a form furnished by the Director Secretary , showing its | 23 | | direct writings in this
State and companywide.
| 24 | | (B) Such report required by subsection (A) of this Section | 25 | | may include,
but not be limited to, the following specific |
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| 1 | | types of insurance written by
such insurer:
| 2 | | (1) Political subdivision liability insurance reported | 3 | | separately in the
following categories:
| 4 | | (a) municipalities;
| 5 | | (b) school districts;
| 6 | | (c) other political subdivisions;
| 7 | | (2) Public official liability insurance;
| 8 | | (3) Dram shop liability insurance;
| 9 | | (4) Day care center liability insurance;
| 10 | | (5) Labor, fraternal or religious organizations | 11 | | liability insurance;
| 12 | | (6) Errors and omissions liability insurance;
| 13 | | (7) Officers and directors liability insurance | 14 | | reported separately as
follows:
| 15 | | (a) non-profit entities;
| 16 | | (b) for-profit entities;
| 17 | | (8) Products liability insurance;
| 18 | | (9) Medical malpractice insurance;
| 19 | | (10) Attorney malpractice insurance;
| 20 | | (11) Architects and engineers malpractice insurance; | 21 | | and
| 22 | | (12) Motor vehicle insurance reported separately for | 23 | | commercial and
private passenger vehicles as follows:
| 24 | | (a) motor vehicle physical damage insurance;
| 25 | | (b) motor vehicle liability insurance.
| 26 | | (C) Such report may include, but need not be limited to the |
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| 1 | | following data,
both
specific to this State and companywide, in | 2 | | the aggregate or by type of
insurance for the previous year on | 3 | | a calendar year basis:
| 4 | | (1) Direct premiums written;
| 5 | | (2) Direct premiums earned;
| 6 | | (3) Number of policies;
| 7 | | (4) Net investment income, using appropriate estimates | 8 | | where necessary;
| 9 | | (5) Losses paid;
| 10 | | (6) Losses incurred;
| 11 | | (7) Loss reserves:
| 12 | | (a) Losses unpaid on reported claims;
| 13 | | (b) Losses unpaid on incurred but not reported | 14 | | claims;
| 15 | | (8) Number of claims:
| 16 | | (a) Paid claims;
| 17 | | (b) Arising claims;
| 18 | | (9) Loss adjustment expenses:
| 19 | | (a) Allocated loss adjustment expenses;
| 20 | | (b) Unallocated loss adjustment expenses;
| 21 | | (10) Net underwriting gain or loss;
| 22 | | (11) Net operation gain or loss, including net | 23 | | investment income;
| 24 | | (12) Any other information requested by the Director | 25 | | Secretary .
| 26 | | (C-3) Additional information by an advisory organization |
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| 1 | | as defined in Section 463 of this Code. | 2 | | (1) An advisory organization as defined in Section 463 | 3 | | of this Code shall report annually the following | 4 | | information in such format as may be prescribed by the | 5 | | Director Secretary : | 6 | | (a) paid and incurred losses for each of the past | 7 | | 10 years; | 8 | | (b) medical payments and medical charges, if | 9 | | collected, for each of the past 10 years; | 10 | | (c) the following indemnity payment information:
| 11 | | cumulative payments by accident year by calendar year | 12 | | of
development. This array will show payments made and | 13 | | frequency of claims in the following categories: | 14 | | medical only, permanent partial disability (PPD), | 15 | | permanent total
disability (PTD), temporary total | 16 | | disability (TTD), and fatalities; | 17 | | (d) injuries by frequency and severity; | 18 | | (e) by class of employee. | 19 | | (2) The report filed with the Director Secretary of | 20 | | Financial and Professional Regulation under paragraph (1) | 21 | | of this
subsection (C-3) shall be made available, on an | 22 | | aggregate basis, to the General
Assembly and to the general | 23 | | public. The identity of the petitioner, the respondent, the | 24 | | attorneys, and the insurers shall not be disclosed.
| 25 | | (3) Reports required under this
subsection (C-3)
shall | 26 | | be filed with the Director Secretary no later than |
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| 1 | | September 1 in 2006 and no later than September 1 of each | 2 | | year thereafter.
| 3 | | (C-5) Additional information required from medical | 4 | | malpractice insurers. | 5 | | (1) In addition to the other requirements of this | 6 | | Section, the following information shall be included in the | 7 | | report required by subsection (A) of this Section in such | 8 | | form and under such terms and conditions as may be | 9 | | prescribed by the Director Secretary : | 10 | | (a) paid and incurred losses by county for each of | 11 | | the past 10 policy years; | 12 | | (b) earned exposures by ISO code, policy type, and | 13 | | policy year by county for each of the past 10 years; | 14 | | and | 15 | | (c) the following actuarial information: | 16 | | (i) Base class and territory equivalent | 17 | | exposures by report year by relative accident | 18 | | year. | 19 | | (ii) Cumulative loss array by accident year by | 20 | | calendar year of development. This array will show | 21 | | frequency of claims in the following categories: | 22 | | open, closed with indemnity (CWI), closed with | 23 | | expense (CWE), and closed no pay (CNP); paid | 24 | | severity in the following categories: indemnity | 25 | | and allocated loss adjustment expenses (ALAE) on | 26 | | closed claims;
and indemnity and expense reserves |
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| 1 | | on pending claims. | 2 | | (iii) Cumulative loss array by report year by | 3 | | calendar year of development. This array will show | 4 | | frequency of claims in the following categories: | 5 | | open, closed with indemnity (CWI), closed with | 6 | | expense (CWE), and closed no pay (CNP); paid | 7 | | severity in the following categories: indemnity | 8 | | and allocated loss adjustment expenses (ALAE) on | 9 | | closed claims; and indemnity and expense reserves | 10 | | on pending claims. | 11 | | (iv) Maturity year and tail factors. | 12 | | (v) Any expense, contingency ddr (death, | 13 | | disability, and retirement), commission, tax, | 14 | | and/or off-balance factors. | 15 | | (2) The following information must also be annually | 16 | | provided to the Department:
| 17 | | (a) copies of the company's reserve and surplus | 18 | | studies; and | 19 | | (b) consulting actuarial report and data | 20 | | supporting the company's rate
filing. | 21 | | (3) All information collected by the Director | 22 | | Secretary under paragraphs (1) and (2) shall be made | 23 | | available, on a company-by-company basis, to the General | 24 | | Assembly and the general public. This provision shall | 25 | | supersede any other provision of State law that may | 26 | | otherwise protect such information from public disclosure |
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| 1 | | as confidential.
| 2 | | (D) In addition to the information which may be requested | 3 | | under
subsection (C), the Director Secretary may also request | 4 | | on a companywide, aggregate
basis, Federal Income Tax | 5 | | recoverable, net realized capital gain or loss,
net unrealized | 6 | | capital gain or loss, and all other expenses not requested
in | 7 | | subsection (C) above.
| 8 | | (E) Violations - Suspensions - Revocations.
| 9 | | (1) Any company or person
subject to this Article, who | 10 | | willfully or repeatedly fails to observe or who
otherwise | 11 | | violates any of the provisions of this Article or any rule | 12 | | or
regulation promulgated by the Director Secretary under | 13 | | authority of this Article or any
final order of the | 14 | | Director Secretary entered under the authority of this | 15 | | Article shall
by civil penalty forfeit to the State of | 16 | | Illinois a sum not to exceed
$2,000. Each day during which | 17 | | a violation occurs constitutes a
separate
offense.
| 18 | | (2) No forfeiture liability under paragraph (1) of this | 19 | | subsection may
attach unless a written notice of apparent | 20 | | liability has been issued by the Director
Secretary and | 21 | | received by the respondent, or the Director Secretary sends | 22 | | written
notice of apparent liability by registered or | 23 | | certified mail, return
receipt requested, to the last known | 24 | | address of the respondent. Any
respondent so notified must | 25 | | be granted an opportunity to request a hearing
within 10 | 26 | | days from receipt of notice, or to show in writing, why he |
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| 1 | | should
not be held liable. A notice issued under this | 2 | | Section must set forth the
date, facts and nature of the | 3 | | act or omission with which the respondent is
charged and | 4 | | must specifically identify the particular provision of | 5 | | this
Article, rule, regulation or order of which a | 6 | | violation is charged.
| 7 | | (3) No forfeiture liability under paragraph (1) of this | 8 | | subsection may
attach for any violation occurring more than | 9 | | 2 years prior to the date of
issuance of the notice of | 10 | | apparent liability and in no event may the total
civil | 11 | | penalty forfeiture imposed for the acts or omissions set | 12 | | forth in any
one notice of apparent liability exceed | 13 | | $100,000.
| 14 | | (4) All administrative hearings conducted pursuant to | 15 | | this Article are
subject to 50 Ill. Adm. Code 2402 and all | 16 | | administrative hearings are
subject to the Administrative | 17 | | Review Law.
| 18 | | (5) The civil penalty forfeitures provided for in this | 19 | | Section are
payable to the General Revenue Fund of the | 20 | | State of Illinois, and may be
recovered in a civil suit in | 21 | | the name of the State of Illinois brought in
the Circuit | 22 | | Court in Sangamon County or in the Circuit Court of the | 23 | | county
where the respondent is domiciled or has its | 24 | | principal operating office.
| 25 | | (6) In any case where the Director Secretary issues a | 26 | | notice of apparent liability
looking toward the imposition |
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| 1 | | of a civil penalty forfeiture under this
Section that fact | 2 | | may not be used in any other proceeding before the Director
| 3 | | Secretary to the prejudice of the respondent to whom the | 4 | | notice was issued,
unless (a) the civil penalty forfeiture | 5 | | has been paid, or (b) a court has
ordered payment of the | 6 | | civil penalty forfeiture and that order has become
final.
| 7 | | (7) When any person or company has a license or | 8 | | certificate of authority
under this Code and knowingly | 9 | | fails or refuses to comply with a lawful
order of the | 10 | | Director Secretary requiring compliance with this Article, | 11 | | entered after
notice and hearing, within the period of time | 12 | | specified in the order, the Director
Secretary may, in | 13 | | addition to any other penalty or authority
provided, revoke | 14 | | or refuse to renew the license or certificate of authority
| 15 | | of such person
or company, or may suspend the license or | 16 | | certificate of authority
of such
person or company until | 17 | | compliance with such order has been obtained.
| 18 | | (8) When any person or company has a license or | 19 | | certificate of authority
under this Code and knowingly | 20 | | fails or refuses to comply with any
provisions of this | 21 | | Article, the Director Secretary may, after notice and | 22 | | hearing, in
addition to any other penalty provided, revoke | 23 | | or refuse to renew the
license or certificate of authority | 24 | | of such person or company, or may
suspend the license or | 25 | | certificate of authority of such person or company,
until | 26 | | compliance with such provision of this Article has been |
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| 1 | | obtained.
| 2 | | (9) No suspension or revocation under this Section may | 3 | | become effective
until 5 days from the date that the notice | 4 | | of suspension or revocation has
been personally delivered | 5 | | or delivered by registered or certified mail to
the company | 6 | | or person. A suspension or revocation under this Section is
| 7 | | stayed upon the filing, by the company or person, of a | 8 | | petition for
judicial review under the Administrative | 9 | | Review Law.
| 10 | | (Source: P.A. 94-277, eff. 7-20-05; 94-677, eff. 8-25-05; | 11 | | 95-331, eff. 8-21-07.)
| 12 | | Section 10. The Medical Practice Act of 1987 is amended by | 13 | | reenacting and changing Sections 7, 22, 23, 24, 24.1, and 36 as | 14 | | follows:
| 15 | | (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
| 16 | | (Section scheduled to be repealed on November 30, 2011)
| 17 | | Sec. 7. Medical Disciplinary Board.
| 18 | | (A) There is hereby created the Illinois
State Medical | 19 | | Disciplinary Board (hereinafter referred to as
the | 20 | | "Disciplinary Board"). The Disciplinary Board shall
consist of | 21 | | 11 members, to be appointed by the Governor by and
with the | 22 | | advice and consent of the Senate. All members shall be
| 23 | | residents of the State, not more than 6 of whom shall be
| 24 | | members of the same political party. All members shall be |
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| 1 | | voting members. Five members shall be
physicians licensed to | 2 | | practice medicine in all of its
branches in Illinois possessing | 3 | | the degree of doctor of
medicine, and it shall be the goal that | 4 | | at least one of the members practice in the field of | 5 | | neurosurgery, one of the members practice in the field of | 6 | | obstetrics and gynecology, and one of the members practice in | 7 | | the field of cardiology. One member shall be a physician | 8 | | licensed to practice in Illinois possessing the degree of | 9 | | doctor of osteopathy or osteopathic medicine. One member shall | 10 | | be a physician licensed to practice in Illinois and possessing | 11 | | the degree of doctor of chiropractic. Four members shall be | 12 | | members of the public, who shall not
be engaged in any way, | 13 | | directly or indirectly, as providers
of health care.
| 14 | | (B) Members of the Disciplinary Board shall be appointed
| 15 | | for terms of 4 years. Upon the expiration of the term of
any | 16 | | member, their successor shall be appointed for a term of
4 | 17 | | years by the Governor by and with the advice and
consent of the | 18 | | Senate. The Governor shall fill any vacancy
for the remainder | 19 | | of the unexpired term by and with the
advice and consent of the | 20 | | Senate. Upon recommendation of
the Board, any member of the | 21 | | Disciplinary Board may be
removed by the Governor for | 22 | | misfeasance, malfeasance, or
wilful neglect of duty, after | 23 | | notice, and a public hearing,
unless such notice and hearing | 24 | | shall be expressly waived in
writing. Each member shall serve | 25 | | on the Disciplinary Board
until their successor is appointed | 26 | | and qualified. No member
of the Disciplinary Board shall serve |
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| 1 | | more than 2
consecutive 4 year terms.
| 2 | | In making appointments the Governor shall attempt to
insure | 3 | | that the various social and geographic regions of the
State of | 4 | | Illinois are properly represented.
| 5 | | In making the designation of persons to act for the
several | 6 | | professions represented on the Disciplinary Board,
the | 7 | | Governor shall give due consideration to recommendations
by | 8 | | members of the respective professions and by
organizations | 9 | | therein.
| 10 | | (C) The Disciplinary Board shall annually elect one of
its | 11 | | voting members as chairperson and one as vice
chairperson. No | 12 | | officer shall be elected more than twice
in succession to the | 13 | | same office. Each officer shall serve
until their successor has | 14 | | been elected and qualified.
| 15 | | (D) (Blank).
| 16 | | (E) Six voting members of the Disciplinary Board, at least | 17 | | 4 of whom are physicians,
shall constitute a quorum. A vacancy | 18 | | in the membership of
the Disciplinary Board shall not impair | 19 | | the right of a
quorum to exercise all the rights and perform | 20 | | all the duties
of the Disciplinary Board. Any action taken by | 21 | | the
Disciplinary Board under this Act may be authorized by
| 22 | | resolution at any regular or special meeting and each such
| 23 | | resolution shall take effect immediately. The Disciplinary
| 24 | | Board shall meet at least quarterly. The Disciplinary Board
is | 25 | | empowered to adopt all rules and regulations necessary
and | 26 | | incident to the powers granted to it under this Act.
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| 1 | | (F) Each member, and member-officer, of the
Disciplinary | 2 | | Board shall receive a per diem stipend
as the
Secretary of the | 3 | | Department, hereinafter referred to as the
Secretary, shall | 4 | | determine. The Secretary
shall also
determine the per diem | 5 | | stipend that each ex-officio member
shall receive. Each member | 6 | | shall be paid their necessary
expenses while engaged in the | 7 | | performance of their duties.
| 8 | | (G) The Secretary shall select a Chief Medical
Coordinator | 9 | | and not less than 2 Deputy Medical Coordinators
who shall not
| 10 | | be members of the Disciplinary Board. Each medical
coordinator | 11 | | shall be a physician licensed to practice
medicine in all of | 12 | | its branches, and the Secretary shall set
their rates of | 13 | | compensation. The Secretary shall assign at least
one
medical
| 14 | | coordinator to
a region composed of Cook County and
such other | 15 | | counties as the Secretary may deem appropriate,
and such | 16 | | medical coordinator or coordinators shall locate their office | 17 | | in
Chicago. The Secretary shall assign at least one medical
| 18 | | coordinator to a region composed of the balance of counties
in | 19 | | the State, and such medical coordinator or coordinators shall | 20 | | locate
their office in Springfield. Each medical coordinator | 21 | | shall
be the chief enforcement officer of this Act in his or | 22 | | her
assigned region and shall serve at the will of the
| 23 | | Disciplinary Board.
| 24 | | The Secretary shall employ, in conformity with the
| 25 | | Personnel Code, not less than one full time investigator
for | 26 | | every 2,500 physicians licensed in the State. Each
investigator |
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| 1 | | shall be a college graduate with at least 2
years' | 2 | | investigative experience or one year advanced medical
| 3 | | education. Upon the written request of the Disciplinary
Board, | 4 | | the Secretary shall employ, in conformity with the
Personnel | 5 | | Code, such other professional, technical,
investigative, and | 6 | | clerical help, either on a full or
part-time basis as the | 7 | | Disciplinary Board deems necessary
for the proper performance | 8 | | of its duties.
| 9 | | (H) Upon the specific request of the Disciplinary
Board, | 10 | | signed by either the chairman, vice chairman, or a
medical | 11 | | coordinator of the Disciplinary Board, the
Department of Human | 12 | | Services or the
Department of State Police shall make available | 13 | | any and all
information that they have in their possession | 14 | | regarding a
particular case then under investigation by the | 15 | | Disciplinary
Board.
| 16 | | (I) Members of the Disciplinary Board shall be immune
from | 17 | | suit in any action based upon any disciplinary
proceedings or | 18 | | other acts performed in good faith as members
of the | 19 | | Disciplinary Board.
| 20 | | (J) The Disciplinary Board may compile and establish a
| 21 | | statewide roster of physicians and other medical
| 22 | | professionals, including the several medical specialties, of
| 23 | | such physicians and medical professionals, who have agreed
to | 24 | | serve from time to time as advisors to the medical
| 25 | | coordinators. Such advisors shall assist the medical
| 26 | | coordinators or the Disciplinary Board in their investigations |
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| 1 | | and participation in
complaints against physicians. Such | 2 | | advisors shall serve
under contract and shall be reimbursed at | 3 | | a reasonable rate for the services
provided, plus reasonable | 4 | | expenses incurred.
While serving in this capacity, the advisor, | 5 | | for any act
undertaken in good faith and in the conduct of | 6 | | their duties
under this Section, shall be immune from civil | 7 | | suit.
| 8 | | (Source: P.A. 93-138, eff. 7-10-03; 94-677, eff. 8-25-05 .)
| 9 | | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| 10 | | (Section scheduled to be repealed on November 30, 2011)
| 11 | | Sec. 22. Disciplinary action.
| 12 | | (A) The Department may revoke, suspend, place on | 13 | | probationary
status, refuse to renew, or take any other | 14 | | disciplinary action as the Department may deem proper
with | 15 | | regard to the license or visiting professor permit of any | 16 | | person issued
under this Act to practice medicine, or to treat | 17 | | human ailments without the use
of drugs and without operative | 18 | | surgery upon any of the following grounds:
| 19 | | (1) Performance of an elective abortion in any place, | 20 | | locale,
facility, or
institution other than:
| 21 | | (a) a facility licensed pursuant to the Ambulatory | 22 | | Surgical Treatment
Center Act;
| 23 | | (b) an institution licensed under the Hospital | 24 | | Licensing Act;
| 25 | | (c) an ambulatory surgical treatment center or |
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| 1 | | hospitalization or care
facility maintained by the | 2 | | State or any agency thereof, where such department
or | 3 | | agency has authority under law to establish and enforce | 4 | | standards for the
ambulatory surgical treatment | 5 | | centers, hospitalization, or care facilities
under its | 6 | | management and control;
| 7 | | (d) ambulatory surgical treatment centers, | 8 | | hospitalization or care
facilities maintained by the | 9 | | Federal Government; or
| 10 | | (e) ambulatory surgical treatment centers, | 11 | | hospitalization or care
facilities maintained by any | 12 | | university or college established under the laws
of | 13 | | this State and supported principally by public funds | 14 | | raised by
taxation.
| 15 | | (2) Performance of an abortion procedure in a wilful | 16 | | and wanton
manner on a
woman who was not pregnant at the | 17 | | time the abortion procedure was
performed.
| 18 | | (3) The conviction of a felony in this or any other
| 19 | | jurisdiction, except as
otherwise provided in subsection B | 20 | | of this Section, whether or not related to
practice under | 21 | | this Act, or the entry of a guilty or nolo contendere plea | 22 | | to a
felony charge.
| 23 | | (4) Gross negligence in practice under this Act.
| 24 | | (5) Engaging in dishonorable, unethical or | 25 | | unprofessional
conduct of a
character likely to deceive, | 26 | | defraud or harm the public.
|
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| 1 | | (6) Obtaining any fee by fraud, deceit, or
| 2 | | misrepresentation.
| 3 | | (7) Habitual or excessive use or abuse of drugs defined | 4 | | in law
as
controlled substances, of alcohol, or of any | 5 | | other substances which results in
the inability to practice | 6 | | with reasonable judgment, skill or safety.
| 7 | | (8) Practicing under a false or, except as provided by | 8 | | law, an
assumed
name.
| 9 | | (9) Fraud or misrepresentation in applying for, or | 10 | | procuring, a
license
under this Act or in connection with | 11 | | applying for renewal of a license under
this Act.
| 12 | | (10) Making a false or misleading statement regarding | 13 | | their
skill or the
efficacy or value of the medicine, | 14 | | treatment, or remedy prescribed by them at
their direction | 15 | | in the treatment of any disease or other condition of the | 16 | | body
or mind.
| 17 | | (11) Allowing another person or organization to use | 18 | | their
license, procured
under this Act, to practice.
| 19 | | (12) Disciplinary action of another state or | 20 | | jurisdiction
against a license
or other authorization to | 21 | | practice as a medical doctor, doctor of osteopathy,
doctor | 22 | | of osteopathic medicine or
doctor of chiropractic, a | 23 | | certified copy of the record of the action taken by
the | 24 | | other state or jurisdiction being prima facie evidence | 25 | | thereof.
| 26 | | (13) Violation of any provision of this Act or of the |
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| 1 | | Medical
Practice Act
prior to the repeal of that Act, or | 2 | | violation of the rules, or a final
administrative action of | 3 | | the Secretary, after consideration of the
recommendation | 4 | | of the Disciplinary Board.
| 5 | | (14) Violation of the prohibition against fee | 6 | | splitting in Section 22.2 of this Act.
| 7 | | (15) A finding by the Medical Disciplinary Board that | 8 | | the
registrant after
having his or her license placed on | 9 | | probationary status or subjected to
conditions or | 10 | | restrictions violated the terms of the probation or failed | 11 | | to
comply with such terms or conditions.
| 12 | | (16) Abandonment of a patient.
| 13 | | (17) Prescribing, selling, administering, | 14 | | distributing, giving
or
self-administering any drug | 15 | | classified as a controlled substance (designated
product) | 16 | | or narcotic for other than medically accepted therapeutic
| 17 | | purposes.
| 18 | | (18) Promotion of the sale of drugs, devices, | 19 | | appliances or
goods provided
for a patient in such manner | 20 | | as to exploit the patient for financial gain of
the | 21 | | physician.
| 22 | | (19) Offering, undertaking or agreeing to cure or treat
| 23 | | disease by a secret
method, procedure, treatment or | 24 | | medicine, or the treating, operating or
prescribing for any | 25 | | human condition by a method, means or procedure which the
| 26 | | licensee refuses to divulge upon demand of the Department.
|
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| 1 | | (20) Immoral conduct in the commission of any act | 2 | | including,
but not limited to, commission of an act of | 3 | | sexual misconduct related to the
licensee's
practice.
| 4 | | (21) Wilfully making or filing false records or reports | 5 | | in his
or her
practice as a physician, including, but not | 6 | | limited to, false records to
support claims against the | 7 | | medical assistance program of the Department of Healthcare | 8 | | and Family Services (formerly Department of
Public Aid)
| 9 | | under the Illinois Public Aid Code.
| 10 | | (22) Wilful omission to file or record, or wilfully | 11 | | impeding
the filing or
recording, or inducing another | 12 | | person to omit to file or record, medical
reports as | 13 | | required by law, or wilfully failing to report an instance | 14 | | of
suspected abuse or neglect as required by law.
| 15 | | (23) Being named as a perpetrator in an indicated | 16 | | report by
the Department
of Children and Family Services | 17 | | under the Abused and Neglected Child Reporting
Act, and | 18 | | upon proof by clear and convincing evidence that the | 19 | | licensee has
caused a child to be an abused child or | 20 | | neglected child as defined in the
Abused and Neglected | 21 | | Child Reporting Act.
| 22 | | (24) Solicitation of professional patronage by any
| 23 | | corporation, agents or
persons, or profiting from those | 24 | | representing themselves to be agents of the
licensee.
| 25 | | (25) Gross and wilful and continued overcharging for
| 26 | | professional services,
including filing false statements |
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| 1 | | for collection of fees for which services are
not rendered, | 2 | | including, but not limited to, filing such false statements | 3 | | for
collection of monies for services not rendered from the | 4 | | medical assistance
program of the Department of Healthcare | 5 | | and Family Services (formerly Department of Public Aid)
| 6 | | under the Illinois Public Aid
Code.
| 7 | | (26) A pattern of practice or other behavior which
| 8 | | demonstrates
incapacity
or incompetence to practice under | 9 | | this Act.
| 10 | | (27) Mental illness or disability which results in the
| 11 | | inability to
practice under this Act with reasonable | 12 | | judgment, skill or safety.
| 13 | | (28) Physical illness, including, but not limited to,
| 14 | | deterioration through
the aging process, or loss of motor | 15 | | skill which results in a physician's
inability to practice | 16 | | under this Act with reasonable judgment, skill or
safety.
| 17 | | (29) Cheating on or attempt to subvert the licensing
| 18 | | examinations
administered under this Act.
| 19 | | (30) Wilfully or negligently violating the | 20 | | confidentiality
between
physician and patient except as | 21 | | required by law.
| 22 | | (31) The use of any false, fraudulent, or deceptive | 23 | | statement
in any
document connected with practice under | 24 | | this Act.
| 25 | | (32) Aiding and abetting an individual not licensed | 26 | | under this
Act in the
practice of a profession licensed |
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| 1 | | under this Act.
| 2 | | (33) Violating state or federal laws or regulations | 3 | | relating
to controlled
substances, legend
drugs, or | 4 | | ephedra, as defined in the Ephedra Prohibition Act.
| 5 | | (34) Failure to report to the Department any adverse | 6 | | final
action taken
against them by another licensing | 7 | | jurisdiction (any other state or any
territory of the | 8 | | United States or any foreign state or country), by any peer
| 9 | | review body, by any health care institution, by any | 10 | | professional society or
association related to practice | 11 | | under this Act, by any governmental agency, by
any law | 12 | | enforcement agency, or by any court for acts or conduct | 13 | | similar to acts
or conduct which would constitute grounds | 14 | | for action as defined in this
Section.
| 15 | | (35) Failure to report to the Department surrender of a
| 16 | | license or
authorization to practice as a medical doctor, a | 17 | | doctor of osteopathy, a
doctor of osteopathic medicine, or | 18 | | doctor
of chiropractic in another state or jurisdiction, or | 19 | | surrender of membership on
any medical staff or in any | 20 | | medical or professional association or society,
while | 21 | | under disciplinary investigation by any of those | 22 | | authorities or bodies,
for acts or conduct similar to acts | 23 | | or conduct which would constitute grounds
for action as | 24 | | defined in this Section.
| 25 | | (36) Failure to report to the Department any adverse | 26 | | judgment,
settlement,
or award arising from a liability |
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| 1 | | claim related to acts or conduct similar to
acts or conduct | 2 | | which would constitute grounds for action as defined in | 3 | | this
Section.
| 4 | | (37) Failure to provide copies of medical records as | 5 | | required
by law.
| 6 | | (38) Failure to furnish the Department, its | 7 | | investigators or
representatives, relevant information, | 8 | | legally requested by the Department
after consultation | 9 | | with the Chief Medical Coordinator or the Deputy Medical
| 10 | | Coordinator.
| 11 | | (39) Violating the Health Care Worker Self-Referral
| 12 | | Act.
| 13 | | (40) Willful failure to provide notice when notice is | 14 | | required
under the
Parental Notice of Abortion Act of 1995.
| 15 | | (41) Failure to establish and maintain records of | 16 | | patient care and
treatment as required by this law.
| 17 | | (42) Entering into an excessive number of written | 18 | | collaborative
agreements with licensed advanced practice | 19 | | nurses resulting in an inability to
adequately | 20 | | collaborate.
| 21 | | (43) Repeated failure to adequately collaborate with a | 22 | | licensed advanced practice nurse.
| 23 | | Except
for actions involving the ground numbered (26), all | 24 | | proceedings to suspend,
revoke, place on probationary status, | 25 | | or take any
other disciplinary action as the Department may | 26 | | deem proper, with regard to a
license on any of the foregoing |
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| 1 | | grounds, must be commenced within 5 years next
after receipt by | 2 | | the Department of a complaint alleging the commission of or
| 3 | | notice of the conviction order for any of the acts described | 4 | | herein. Except
for the grounds numbered (8), (9), (26), and | 5 | | (29), no action shall be commenced more
than 10 years after the | 6 | | date of the incident or act alleged to have violated
this | 7 | | Section. For actions involving the ground numbered (26), a | 8 | | pattern of practice or other behavior includes all incidents | 9 | | alleged to be part of the pattern of practice or other behavior | 10 | | that occurred or a report pursuant to Section 23 of this Act | 11 | | received within the 10-year period preceding the filing of the | 12 | | complaint. In the event of the settlement of any claim or cause | 13 | | of action
in favor of the claimant or the reduction to final | 14 | | judgment of any civil action
in favor of the plaintiff, such | 15 | | claim, cause of action or civil action being
grounded on the | 16 | | allegation that a person licensed under this Act was negligent
| 17 | | in providing care, the Department shall have an additional | 18 | | period of 2 years
from the date of notification to the | 19 | | Department under Section 23 of this Act
of such settlement or | 20 | | final judgment in which to investigate and
commence formal | 21 | | disciplinary proceedings under Section 36 of this Act, except
| 22 | | as otherwise provided by law. The time during which the holder | 23 | | of the license
was outside the State of Illinois shall not be | 24 | | included within any period of
time limiting the commencement of | 25 | | disciplinary action by the Department.
| 26 | | The entry of an order or judgment by any circuit court |
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| 1 | | establishing that any
person holding a license under this Act | 2 | | is a person in need of mental treatment
operates as a | 3 | | suspension of that license. That person may resume their
| 4 | | practice only upon the entry of a Departmental order based upon | 5 | | a finding by
the Medical Disciplinary Board that they have been | 6 | | determined to be recovered
from mental illness by the court and | 7 | | upon the Disciplinary Board's
recommendation that they be | 8 | | permitted to resume their practice.
| 9 | | The Department may refuse to issue or take disciplinary | 10 | | action concerning the license of any person
who fails to file a | 11 | | return, or to pay the tax, penalty or interest shown in a
filed | 12 | | return, or to pay any final assessment of tax, penalty or | 13 | | interest, as
required by any tax Act administered by the | 14 | | Illinois Department of Revenue,
until such time as the | 15 | | requirements of any such tax Act are satisfied as
determined by | 16 | | the Illinois Department of Revenue.
| 17 | | The Department, upon the recommendation of the | 18 | | Disciplinary Board, shall
adopt rules which set forth standards | 19 | | to be used in determining:
| 20 | | (a) when a person will be deemed sufficiently | 21 | | rehabilitated to warrant the
public trust;
| 22 | | (b) what constitutes dishonorable, unethical or | 23 | | unprofessional conduct of
a character likely to deceive, | 24 | | defraud, or harm the public;
| 25 | | (c) what constitutes immoral conduct in the commission | 26 | | of any act,
including, but not limited to, commission of an |
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| 1 | | act of sexual misconduct
related
to the licensee's | 2 | | practice; and
| 3 | | (d) what constitutes gross negligence in the practice | 4 | | of medicine.
| 5 | | However, no such rule shall be admissible into evidence in | 6 | | any civil action
except for review of a licensing or other | 7 | | disciplinary action under this Act.
| 8 | | In enforcing this Section, the Medical Disciplinary Board,
| 9 | | upon a showing of a possible violation, may compel any | 10 | | individual licensed to
practice under this Act, or who has | 11 | | applied for licensure or a permit
pursuant to this Act, to | 12 | | submit to a mental or physical examination, or both,
as | 13 | | required by and at the expense of the Department. The examining | 14 | | physician
or physicians shall be those specifically designated | 15 | | by the Disciplinary Board.
The Medical Disciplinary Board or | 16 | | the Department may order the examining
physician to present | 17 | | testimony concerning this mental or physical examination
of the | 18 | | licensee or applicant. No information shall be excluded by | 19 | | reason of
any common
law or statutory privilege relating to | 20 | | communication between the licensee or
applicant and
the | 21 | | examining physician.
The individual to be examined may have, at | 22 | | his or her own expense, another
physician of his or her choice | 23 | | present during all aspects of the examination.
Failure of any | 24 | | individual to submit to mental or physical examination, when
| 25 | | directed, shall be grounds for suspension of his or her license | 26 | | until such time
as the individual submits to the examination if |
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| 1 | | the Disciplinary Board finds,
after notice and hearing, that | 2 | | the refusal to submit to the examination was
without reasonable | 3 | | cause. If the Disciplinary Board finds a physician unable
to | 4 | | practice because of the reasons set forth in this Section, the | 5 | | Disciplinary
Board shall require such physician to submit to | 6 | | care, counseling, or treatment
by physicians approved or | 7 | | designated by the Disciplinary Board, as a condition
for | 8 | | continued, reinstated, or renewed licensure to practice. Any | 9 | | physician,
whose license was granted pursuant to Sections 9, | 10 | | 17, or 19 of this Act, or,
continued, reinstated, renewed, | 11 | | disciplined or supervised, subject to such
terms, conditions or | 12 | | restrictions who shall fail to comply with such terms,
| 13 | | conditions or restrictions, or to complete a required program | 14 | | of care,
counseling, or treatment, as determined by the Chief | 15 | | Medical Coordinator or
Deputy Medical Coordinators, shall be | 16 | | referred to the Secretary for a
determination as to whether the | 17 | | licensee shall have their license suspended
immediately, | 18 | | pending a hearing by the Disciplinary Board. In instances in
| 19 | | which the Secretary immediately suspends a license under this | 20 | | Section, a hearing
upon such person's license must be convened | 21 | | by the Disciplinary Board within 15
days after such suspension | 22 | | and completed without appreciable delay. The
Disciplinary | 23 | | Board shall have the authority to review the subject | 24 | | physician's
record of treatment and counseling regarding the | 25 | | impairment, to the extent
permitted by applicable federal | 26 | | statutes and regulations safeguarding the
confidentiality of |
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| 1 | | medical records.
| 2 | | An individual licensed under this Act, affected under this | 3 | | Section, shall be
afforded an opportunity to demonstrate to the | 4 | | Disciplinary Board that they can
resume practice in compliance | 5 | | with acceptable and prevailing standards under
the provisions | 6 | | of their license.
| 7 | | The Department may promulgate rules for the imposition of | 8 | | fines in
disciplinary cases, not to exceed
$10,000 for each | 9 | | violation of this Act. Fines
may be imposed in conjunction with | 10 | | other forms of disciplinary action, but
shall not be the | 11 | | exclusive disposition of any disciplinary action arising out
of | 12 | | conduct resulting in death or injury to a patient. Any funds | 13 | | collected from
such fines shall be deposited in the Medical | 14 | | Disciplinary Fund.
| 15 | | (B) The Department shall revoke the license or visiting
| 16 | | permit of any person issued under this Act to practice medicine | 17 | | or to treat
human ailments without the use of drugs and without | 18 | | operative surgery, who
has been convicted a second time of | 19 | | committing any felony under the
Illinois Controlled Substances | 20 | | Act or the Methamphetamine Control and Community Protection | 21 | | Act, or who has been convicted a second time of
committing a | 22 | | Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | 23 | | Public
Aid Code. A person whose license or visiting permit is | 24 | | revoked
under
this subsection B of Section 22 of this Act shall | 25 | | be prohibited from practicing
medicine or treating human | 26 | | ailments without the use of drugs and without
operative |
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| 1 | | surgery.
| 2 | | (C) The Medical Disciplinary Board shall recommend to the
| 3 | | Department civil
penalties and any other appropriate | 4 | | discipline in disciplinary cases when the
Board finds that a | 5 | | physician willfully performed an abortion with actual
| 6 | | knowledge that the person upon whom the abortion has been | 7 | | performed is a minor
or an incompetent person without notice as | 8 | | required under the Parental Notice
of Abortion Act of 1995. | 9 | | Upon the Board's recommendation, the Department shall
impose, | 10 | | for the first violation, a civil penalty of $1,000 and for a | 11 | | second or
subsequent violation, a civil penalty of $5,000.
| 12 | | (Source: P.A. 94-566, eff. 9-11-05; 94-677, eff. 8-25-05 ; | 13 | | 95-331, eff. 8-21-07; 96-608, eff. 8-24-09; 96-1000, eff. | 14 | | 7-2-10.)
| 15 | | (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| 16 | | (Section scheduled to be repealed on November 30, 2011)
| 17 | | Sec. 23. Reports relating to professional conduct
and | 18 | | capacity. | 19 | | (A) Entities required to report.
| 20 | | (1) Health care institutions. The chief administrator
| 21 | | or executive officer of any health care institution | 22 | | licensed
by the Illinois Department of Public Health shall | 23 | | report to
the Disciplinary Board when any person's clinical | 24 | | privileges
are terminated or are restricted based on a | 25 | | final
determination, in accordance with that institution's |
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| 1 | | by-laws
or rules and regulations, that a person has either | 2 | | committed
an act or acts which may directly threaten | 3 | | patient care, and not of an
administrative nature, or that | 4 | | a person may be mentally or
physically disabled in such a | 5 | | manner as to endanger patients
under that person's care. | 6 | | Such officer also shall report if
a person accepts | 7 | | voluntary termination or restriction of
clinical | 8 | | privileges in lieu of formal action based upon conduct | 9 | | related
directly to patient care and
not of an | 10 | | administrative nature, or in lieu of formal action
seeking | 11 | | to determine whether a person may be mentally or
physically | 12 | | disabled in such a manner as to endanger patients
under | 13 | | that person's care. The Medical Disciplinary Board
shall, | 14 | | by rule, provide for the reporting to it of all
instances | 15 | | in which a person, licensed under this Act, who is
impaired | 16 | | by reason of age, drug or alcohol abuse or physical
or | 17 | | mental impairment, is under supervision and, where
| 18 | | appropriate, is in a program of rehabilitation. Such
| 19 | | reports shall be strictly confidential and may be reviewed
| 20 | | and considered only by the members of the Disciplinary
| 21 | | Board, or by authorized staff as provided by rules of the
| 22 | | Disciplinary Board. Provisions shall be made for the
| 23 | | periodic report of the status of any such person not less
| 24 | | than twice annually in order that the Disciplinary Board
| 25 | | shall have current information upon which to determine the
| 26 | | status of any such person. Such initial and periodic
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| 1 | | reports of impaired physicians shall not be considered
| 2 | | records within the meaning of The State Records Act and
| 3 | | shall be disposed of, following a determination by the
| 4 | | Disciplinary Board that such reports are no longer | 5 | | required,
in a manner and at such time as the Disciplinary | 6 | | Board shall
determine by rule. The filing of such reports | 7 | | shall be
construed as the filing of a report for purposes | 8 | | of
subsection (C) of this Section.
| 9 | | (2) Professional associations. The President or chief
| 10 | | executive officer of any association or society, of persons
| 11 | | licensed under this Act, operating within this State shall
| 12 | | report to the Disciplinary Board when the association or
| 13 | | society renders a final determination that a person has
| 14 | | committed unprofessional conduct related directly to | 15 | | patient
care or that a person may be mentally or physically | 16 | | disabled
in such a manner as to endanger patients under | 17 | | that person's
care.
| 18 | | (3) Professional liability insurers. Every insurance
| 19 | | company which offers policies of professional liability
| 20 | | insurance to persons licensed under this Act, or any other
| 21 | | entity which seeks to indemnify the professional liability
| 22 | | of a person licensed under this Act, shall report to the
| 23 | | Disciplinary Board the settlement of any claim or cause of
| 24 | | action, or final judgment rendered in any cause of action,
| 25 | | which alleged negligence in the furnishing of medical care
| 26 | | by such licensed person when such settlement or final
|
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| 1 | | judgment is in favor of the plaintiff.
| 2 | | (4) State's Attorneys. The State's Attorney of each
| 3 | | county shall report to the Disciplinary Board all instances
| 4 | | in which a person licensed under this Act is convicted or
| 5 | | otherwise found guilty of the commission of any felony. The | 6 | | State's Attorney
of each county may report to the | 7 | | Disciplinary Board through a verified
complaint any | 8 | | instance in which the State's Attorney believes that a | 9 | | physician
has willfully violated the notice requirements | 10 | | of the Parental Notice of
Abortion Act of 1995.
| 11 | | (5) State agencies. All agencies, boards,
commissions, | 12 | | departments, or other instrumentalities of the
government | 13 | | of the State of Illinois shall report to the
Disciplinary | 14 | | Board any instance arising in connection with
the | 15 | | operations of such agency, including the administration
of | 16 | | any law by such agency, in which a person licensed under
| 17 | | this Act has either committed an act or acts which may be a
| 18 | | violation of this Act or which may constitute | 19 | | unprofessional
conduct related directly to patient care or | 20 | | which indicates
that a person licensed under this Act may | 21 | | be mentally or
physically disabled in such a manner as to | 22 | | endanger patients
under that person's care.
| 23 | | (B) Mandatory reporting. All reports required by items | 24 | | (34), (35), and
(36) of subsection (A) of Section 22 and by | 25 | | Section 23 shall be submitted to the Disciplinary Board in a | 26 | | timely
fashion. The reports shall be filed in writing within 60
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| 1 | | days after a determination that a report is required under
this | 2 | | Act. All reports shall contain the following
information:
| 3 | | (1) The name, address and telephone number of the
| 4 | | person making the report.
| 5 | | (2) The name, address and telephone number of the
| 6 | | person who is the subject of the report.
| 7 | | (3) The name and date of birth of any
patient or | 8 | | patients whose treatment is a subject of the
report, if | 9 | | available, or other means of identification if such | 10 | | information is not available, identification of the | 11 | | hospital or other
healthcare facility where the care at | 12 | | issue in the report was rendered,
provided, however, no | 13 | | medical records may be
revealed.
| 14 | | (4) A brief description of the facts which gave rise
to | 15 | | the issuance of the report, including the dates of any
| 16 | | occurrences deemed to necessitate the filing of the report.
| 17 | | (5) If court action is involved, the identity of the
| 18 | | court in which the action is filed, along with the docket
| 19 | | number and date of filing of the action.
| 20 | | (6) Any further pertinent information which the
| 21 | | reporting party deems to be an aid in the evaluation of the
| 22 | | report.
| 23 | | The Disciplinary Board or Department may also exercise the | 24 | | power under Section
38 of this Act to subpoena copies of | 25 | | hospital or medical records in mandatory
report cases alleging | 26 | | death or permanent bodily injury. Appropriate
rules shall be |
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| 1 | | adopted by the Department with the approval of the Disciplinary
| 2 | | Board.
| 3 | | When the Department has received written reports | 4 | | concerning incidents
required to be reported in items (34), | 5 | | (35), and (36) of subsection (A) of
Section 22, the licensee's | 6 | | failure to report the incident to the Department
under those | 7 | | items shall not be the sole grounds for disciplinary action.
| 8 | | Nothing contained in this Section shall act to in any
way, | 9 | | waive or modify the confidentiality of medical reports
and | 10 | | committee reports to the extent provided by law. Any
| 11 | | information reported or disclosed shall be kept for the
| 12 | | confidential use of the Disciplinary Board, the Medical
| 13 | | Coordinators, the Disciplinary Board's attorneys, the
medical | 14 | | investigative staff, and authorized clerical staff,
as | 15 | | provided in this Act, and shall be afforded the same
status as | 16 | | is provided information concerning medical studies
in Part 21 | 17 | | of Article VIII of the Code of Civil Procedure, except that the | 18 | | Department may disclose information and documents to a federal, | 19 | | State, or local law enforcement agency pursuant to a subpoena | 20 | | in an ongoing criminal investigation or to a health care | 21 | | licensing body of this State or another state or jurisdiction | 22 | | pursuant to an official request made by that licensing body. | 23 | | Furthermore, information and documents disclosed to a federal, | 24 | | State, or local law enforcement agency may be used by that | 25 | | agency only for the investigation and prosecution of a criminal | 26 | | offense, or, in the case of disclosure to a health care |
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| 1 | | licensing body, only for investigations and disciplinary | 2 | | action proceedings with regard to a license. Information and | 3 | | documents disclosed to the Department of Public Health may be | 4 | | used by that Department only for investigation and disciplinary | 5 | | action regarding the license of a health care institution | 6 | | licensed by the Department of Public Health.
| 7 | | (C) Immunity from prosecution. Any individual or
| 8 | | organization acting in good faith, and not in a wilful and
| 9 | | wanton manner, in complying with this Act by providing any
| 10 | | report or other information to the Disciplinary Board or a peer | 11 | | review committee, or
assisting in the investigation or | 12 | | preparation of such
information, or by voluntarily reporting to | 13 | | the Disciplinary Board
or a peer review committee information | 14 | | regarding alleged errors or negligence by a person licensed | 15 | | under this Act, or by participating in proceedings of the
| 16 | | Disciplinary Board or a peer review committee, or by serving as | 17 | | a member of the
Disciplinary Board or a peer review committee, | 18 | | shall not, as a result of such actions,
be subject to criminal | 19 | | prosecution or civil damages.
| 20 | | (D) Indemnification. Members of the Disciplinary
Board, | 21 | | the Medical Coordinators, the Disciplinary Board's
attorneys, | 22 | | the medical investigative staff, physicians
retained under | 23 | | contract to assist and advise the medical
coordinators in the | 24 | | investigation, and authorized clerical
staff shall be | 25 | | indemnified by the State for any actions
occurring within the | 26 | | scope of services on the Disciplinary
Board, done in good faith |
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| 1 | | and not wilful and wanton in
nature. The Attorney General shall | 2 | | defend all such actions
unless he or she determines either that | 3 | | there would be a
conflict of interest in such representation or | 4 | | that the
actions complained of were not in good faith or were | 5 | | wilful
and wanton.
| 6 | | Should the Attorney General decline representation, the
| 7 | | member shall have the right to employ counsel of his or her
| 8 | | choice, whose fees shall be provided by the State, after
| 9 | | approval by the Attorney General, unless there is a
| 10 | | determination by a court that the member's actions were not
in | 11 | | good faith or were wilful and wanton.
| 12 | | The member must notify the Attorney General within 7
days | 13 | | of receipt of notice of the initiation of any action
involving | 14 | | services of the Disciplinary Board. Failure to so
notify the | 15 | | Attorney General shall constitute an absolute
waiver of the | 16 | | right to a defense and indemnification.
| 17 | | The Attorney General shall determine within 7 days
after | 18 | | receiving such notice, whether he or she will
undertake to | 19 | | represent the member.
| 20 | | (E) Deliberations of Disciplinary Board. Upon the
receipt | 21 | | of any report called for by this Act, other than
those reports | 22 | | of impaired persons licensed under this Act
required pursuant | 23 | | to the rules of the Disciplinary Board,
the Disciplinary Board | 24 | | shall notify in writing, by certified
mail, the person who is | 25 | | the subject of the report. Such
notification shall be made | 26 | | within 30 days of receipt by the
Disciplinary Board of the |
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| 1 | | report.
| 2 | | The notification shall include a written notice setting
| 3 | | forth the person's right to examine the report. Included in
| 4 | | such notification shall be the address at which the file is
| 5 | | maintained, the name of the custodian of the reports, and
the | 6 | | telephone number at which the custodian may be reached.
The | 7 | | person who is the subject of the report shall submit a written | 8 | | statement responding,
clarifying, adding to, or proposing the | 9 | | amending of the
report previously filed. The person who is the | 10 | | subject of the report shall also submit with the written | 11 | | statement any medical records related to the report. The | 12 | | statement and accompanying medical records shall become a
| 13 | | permanent part of the file and must be received by the
| 14 | | Disciplinary Board no more than
30 days after the date on
which | 15 | | the person was notified by the Disciplinary Board of the | 16 | | existence of
the
original report.
| 17 | | The Disciplinary Board shall review all reports
received by | 18 | | it, together with any supporting information and
responding | 19 | | statements submitted by persons who are the
subject of reports. | 20 | | The review by the Disciplinary Board
shall be in a timely | 21 | | manner but in no event, shall the
Disciplinary Board's initial | 22 | | review of the material
contained in each disciplinary file be | 23 | | less than 61 days nor
more than 180 days after the receipt of | 24 | | the initial report
by the Disciplinary Board.
| 25 | | When the Disciplinary Board makes its initial review of
the | 26 | | materials contained within its disciplinary files, the
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| 1 | | Disciplinary Board shall, in writing, make a determination
as | 2 | | to whether there are sufficient facts to warrant further
| 3 | | investigation or action. Failure to make such determination
| 4 | | within the time provided shall be deemed to be a
determination | 5 | | that there are not sufficient facts to warrant
further | 6 | | investigation or action.
| 7 | | Should the Disciplinary Board find that there are not
| 8 | | sufficient facts to warrant further investigation, or
action, | 9 | | the report shall be accepted for filing and the
matter shall be | 10 | | deemed closed and so reported to the Secretary. The Secretary
| 11 | | shall then have 30 days to accept the Medical Disciplinary | 12 | | Board's decision or
request further investigation. The | 13 | | Secretary shall inform the Board in writing
of the decision to | 14 | | request further investigation, including the specific
reasons | 15 | | for the decision. The
individual or entity filing the original | 16 | | report or complaint
and the person who is the subject of the | 17 | | report or complaint
shall be notified in writing by the | 18 | | Secretary of
any final action on their report or complaint.
| 19 | | (F) Summary reports. The Disciplinary Board shall
prepare, | 20 | | on a timely basis, but in no event less than once
every other | 21 | | month, a summary report of final actions taken
upon | 22 | | disciplinary files maintained by the Disciplinary Board.
The | 23 | | summary reports shall be made available to the public upon | 24 | | request and payment of the fees set by the Department. This | 25 | | publication may be made available to the public on the | 26 | | Department's Internet website.
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| 1 | | (G) Any violation of this Section shall be a Class A
| 2 | | misdemeanor.
| 3 | | (H) If any such person violates the provisions of this
| 4 | | Section an action may be brought in the name of the People
of | 5 | | the State of Illinois, through the Attorney General of
the | 6 | | State of Illinois, for an order enjoining such violation
or for | 7 | | an order enforcing compliance with this Section.
Upon filing of | 8 | | a verified petition in such court, the court
may issue a | 9 | | temporary restraining order without notice or
bond and may | 10 | | preliminarily or permanently enjoin such
violation, and if it | 11 | | is established that such person has
violated or is violating | 12 | | the injunction, the court may
punish the offender for contempt | 13 | | of court. Proceedings
under this paragraph shall be in addition | 14 | | to, and not in
lieu of, all other remedies and penalties | 15 | | provided for by
this Section.
| 16 | | (Source: P.A. 94-677, eff. 8-25-05 ; 95-639, eff. 10-5-07; | 17 | | 96-1372, eff. 7-29-10.)
| 18 | | (225 ILCS 60/24) (from Ch. 111, par. 4400-24)
| 19 | | (Section scheduled to be repealed on November 30, 2011)
| 20 | | Sec. 24. Report of violations; medical associations. Any | 21 | | physician
licensed under this Act, the
Illinois State Medical | 22 | | Society, the Illinois Association of
Osteopathic Physicians | 23 | | and Surgeons, the Illinois
Chiropractic Society, the Illinois | 24 | | Prairie State Chiropractic Association,
or any component | 25 | | societies of any of
these 4 groups, and any other person, may |
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| 1 | | report to the
Disciplinary Board any information the physician,
| 2 | | association, society, or person may have that appears to
show | 3 | | that a physician is or may be in violation of any of
the | 4 | | provisions of Section 22 of this Act.
| 5 | | The Department may enter into agreements with the
Illinois | 6 | | State Medical Society, the Illinois Association of
Osteopathic | 7 | | Physicians and Surgeons, the Illinois Prairie State | 8 | | Chiropractic
Association, or the Illinois
Chiropractic Society | 9 | | to allow these
organizations to assist the Disciplinary Board | 10 | | in the review
of alleged violations of this Act. Subject to the | 11 | | approval
of the Department, any organization party to such an
| 12 | | agreement may subcontract with other individuals or
| 13 | | organizations to assist in review.
| 14 | | Any physician, association, society, or person
| 15 | | participating in good faith in the making of a report under
| 16 | | this Act or participating in or assisting with an
investigation | 17 | | or review under this Act shall have
immunity from any civil, | 18 | | criminal, or other liability that might result by reason of | 19 | | those actions.
| 20 | | The medical information in the custody of an entity
under | 21 | | contract with the Department participating in an
investigation | 22 | | or review shall be privileged and confidential
to the same | 23 | | extent as are information and reports under the
provisions of | 24 | | Part 21 of Article VIII of the Code of Civil
Procedure.
| 25 | | Upon request by the Department after a mandatory report has | 26 | | been filed with the Department, an attorney for any party |
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| 1 | | seeking to recover damages for
injuries or death by reason of | 2 | | medical, hospital, or other healing art
malpractice shall | 3 | | provide patient records related to the physician involved in | 4 | | the disciplinary proceeding to the Department within 30 days of | 5 | | the Department's request for use by the Department in any | 6 | | disciplinary matter under this Act. An attorney who provides | 7 | | patient records to the Department in accordance with this | 8 | | requirement shall not be deemed to have violated any | 9 | | attorney-client privilege. Notwithstanding any other provision | 10 | | of law, consent by a patient shall not be required for the | 11 | | provision of patient records in accordance with this | 12 | | requirement.
| 13 | | For the purpose of any civil or criminal proceedings,
the | 14 | | good faith of any physician, association, society
or person | 15 | | shall be presumed. The Disciplinary Board may
request the | 16 | | Illinois State Medical Society, the Illinois
Association of | 17 | | Osteopathic Physicians and Surgeons, the Illinois Prairie
| 18 | | State Chiropractic Association, or the
Illinois Chiropractic | 19 | | Society to assist the Disciplinary
Board in preparing for or | 20 | | conducting any medical competency
examination as the Board may | 21 | | deem appropriate.
| 22 | | (Source: P.A. 94-677, eff. 8-25-05 .)
| 23 | | (225 ILCS 60/24.1) | 24 | | (Section scheduled to be repealed on November 30, 2011) | 25 | | Sec. 24.1. Physician profile. |
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| 1 | | (a) This Section may be cited as the Patients' Right to | 2 | | Know Law.
| 3 | | (b) The Department shall make available to the public a | 4 | | profile of each physician. The Department shall make this | 5 | | information available through an Internet web site and, if | 6 | | requested, in writing. The physician profile shall contain the | 7 | | following information: | 8 | | (1) the full name of the physician;
| 9 | | (2) a description of any criminal convictions for | 10 | | felonies and Class A misdemeanors, as determined by the | 11 | | Department, within the most recent 5 years. For the | 12 | | purposes of this Section, a person shall be deemed to be | 13 | | convicted of a crime if he or she pleaded guilty or if he | 14 | | was found or adjudged guilty by a court of competent | 15 | | jurisdiction;
| 16 | | (3) a description of any final Department disciplinary | 17 | | actions within the most recent 5 years;
| 18 | | (4) a description of any final disciplinary actions by | 19 | | licensing boards in other states within the most recent 5 | 20 | | years;
| 21 | | (5) a description of revocation or involuntary | 22 | | restriction of hospital privileges for reasons related to | 23 | | competence or character that have been taken by the | 24 | | hospital's governing body or any other official of the | 25 | | hospital after procedural due process has been afforded, or | 26 | | the resignation from or nonrenewal of medical staff |
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| 1 | | membership or the restriction of privileges at a hospital | 2 | | taken in lieu of or in settlement of a pending disciplinary | 3 | | case related to competence or character in that hospital. | 4 | | Only cases which have occurred within the most recent 5 | 5 | | years shall be disclosed by the Department to the public;
| 6 | | (6) all medical malpractice court judgments and all | 7 | | medical malpractice arbitration awards in which a payment | 8 | | was awarded to a complaining party during the most recent 5 | 9 | | years and all settlements of medical malpractice claims in | 10 | | which a payment was made to a complaining party within the | 11 | | most recent 5 years. A medical malpractice judgment or | 12 | | award that has been appealed shall be identified | 13 | | prominently as "Under Appeal" on the profile within 20 days | 14 | | of formal written notice to the Department. Information | 15 | | concerning all settlements shall be accompanied by the | 16 | | following statement: "Settlement of a claim may occur for a | 17 | | variety of reasons which do not necessarily reflect | 18 | | negatively on the professional competence or conduct of the | 19 | | physician. A payment in settlement of a medical malpractice | 20 | | action or claim should not be construed as creating a | 21 | | presumption that medical malpractice has occurred." | 22 | | Nothing in this subdivision (6) shall be construed to limit | 23 | | or prevent the Disciplinary Board from providing further | 24 | | explanatory information regarding the significance of | 25 | | categories in which settlements are reported. Pending | 26 | | malpractice claims shall not be disclosed by the Department |
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| 1 | | to the public. Nothing in this subdivision (6) shall be | 2 | | construed to prevent the Disciplinary Board from | 3 | | investigating and the Department from disciplining a | 4 | | physician on the basis of medical malpractice claims that | 5 | | are pending;
| 6 | | (7) names of medical schools attended, dates of | 7 | | attendance, and date of graduation;
| 8 | | (8) graduate medical education;
| 9 | | (9) specialty board certification. The toll-free | 10 | | number of the American Board of Medical Specialties shall | 11 | | be included to verify current board certification status;
| 12 | | (10) number of years in practice and locations;
| 13 | | (11) names of the hospitals where the physician has | 14 | | privileges;
| 15 | | (12) appointments to medical school faculties and | 16 | | indication as to whether a physician has a responsibility | 17 | | for graduate medical education within the most recent 5 | 18 | | years;
| 19 | | (13) information regarding publications in | 20 | | peer-reviewed medical literature within the most recent 5 | 21 | | years;
| 22 | | (14) information regarding professional or community | 23 | | service activities and awards;
| 24 | | (15) the location of the physician's primary practice | 25 | | setting;
| 26 | | (16) identification of any translating services that |
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| 1 | | may be available at the physician's primary practice | 2 | | location;
| 3 | | (17) an indication of whether the physician | 4 | | participates in the Medicaid program.
| 5 | | (c) The Disciplinary Board shall provide individual | 6 | | physicians with a copy of their profiles prior to release to | 7 | | the public. A physician shall be provided 60 days to correct | 8 | | factual inaccuracies that appear in such profile.
| 9 | | (d) A physician may elect to have his or her profile omit | 10 | | certain information provided pursuant to subdivisions (12) | 11 | | through (14) of subsection (b) concerning academic | 12 | | appointments and teaching responsibilities, publication in | 13 | | peer-reviewed journals and professional and community service | 14 | | awards. In collecting information for such profiles and in | 15 | | disseminating the same, the Disciplinary Board shall inform | 16 | | physicians that they may choose not to provide such information | 17 | | required pursuant to subdivisions (12) through (14) of | 18 | | subsection (b).
| 19 | | (e) The Department shall promulgate such rules as it deems | 20 | | necessary to accomplish the requirements of this Section.
| 21 | | (Source: P.A. 94-677, eff. 8-25-05 .)
| 22 | | (225 ILCS 60/36) (from Ch. 111, par. 4400-36)
| 23 | | (Section scheduled to be repealed on November 30, 2011)
| 24 | | Sec. 36. Upon the motion of either the Department
or the | 25 | | Disciplinary Board or upon the verified complaint in
writing of |
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| 1 | | any person setting forth facts which, if proven,
would | 2 | | constitute grounds for suspension or revocation under
Section | 3 | | 22 of this Act, the Department shall investigate the
actions of | 4 | | any person, so accused, who holds or represents
that they hold | 5 | | a license. Such person is hereinafter called
the accused.
| 6 | | The Department shall, before suspending, revoking,
placing | 7 | | on probationary status, or taking any other
disciplinary action | 8 | | as the Department may deem proper with
regard to any license at | 9 | | least 30 days prior to the date set
for the hearing, notify the | 10 | | accused in writing of any
charges made and the time and place | 11 | | for a hearing of the
charges before the Disciplinary Board, | 12 | | direct them to file
their written answer thereto to the | 13 | | Disciplinary Board under
oath within 20 days after the service | 14 | | on them of such notice
and inform them that if they fail to | 15 | | file such answer
default will be taken against them and their | 16 | | license may be
suspended, revoked, placed on probationary | 17 | | status, or have
other disciplinary action, including limiting | 18 | | the scope,
nature or extent of their practice, as the | 19 | | Department may
deem proper taken with regard thereto.
| 20 | | Where a physician has been found, upon complaint and
| 21 | | investigation of the Department, and after hearing, to have
| 22 | | performed an abortion procedure in a wilful and wanton
manner | 23 | | upon a woman who was not pregnant at the time such
abortion | 24 | | procedure was performed, the Department shall
automatically | 25 | | revoke the license of such physician to
practice medicine in | 26 | | Illinois.
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| 1 | | Such written notice and any notice in such proceedings
| 2 | | thereafter may be served by delivery of the same,
personally, | 3 | | to the accused person, or by mailing the same by
registered or | 4 | | certified mail to the address last theretofore
specified by the | 5 | | accused in their last notification to the
Department.
| 6 | | All information gathered by the Department during its | 7 | | investigation
including information subpoenaed
under Section | 8 | | 23 or 38 of this Act and the investigative file shall be kept | 9 | | for
the confidential use of the Secretary, Disciplinary Board, | 10 | | the Medical
Coordinators, persons employed by contract to | 11 | | advise the Medical Coordinator or
the Department, the
| 12 | | Disciplinary Board's attorneys, the medical investigative | 13 | | staff, and authorized
clerical staff, as provided in this Act | 14 | | and shall be afforded the same status
as is provided | 15 | | information concerning medical studies in Part 21 of Article
| 16 | | VIII of the Code of Civil Procedure, except that the Department | 17 | | may disclose information and documents to a federal, State, or | 18 | | local law enforcement agency pursuant to a subpoena in an | 19 | | ongoing criminal investigation to a health care licensing body | 20 | | of this State or another state or jurisdiction pursuant to an | 21 | | official request made by that licensing body. Furthermore, | 22 | | information and documents disclosed to a federal, State, or | 23 | | local law enforcement agency may be used by that agency only | 24 | | for the investigation and prosecution of a criminal offense or, | 25 | | in the case of disclosure to a health care licensing body, only | 26 | | for investigations and disciplinary action proceedings with |
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| 1 | | regard to a license issued by that licensing body.
| 2 | | (Source: P.A. 94-677, eff. 8-25-05 ; 96-1372, eff. 7-29-10.)
| 3 | | Section 15. The Code of Civil Procedure is amended by | 4 | | reenacting and changing Sections 2-622, 2-1704.5, 8-1901, and | 5 | | 8-2501 and by changing Sections 2-1303 and 8-2006 as follows:
| 6 | | (735 ILCS 5/2-622) (from Ch. 110, par. 2-622)
| 7 | | Sec. 2-622. Healing art malpractice.
| 8 | | (a) In any action, whether in
tort, contract or otherwise, | 9 | | in which the plaintiff seeks damages for
injuries or death by | 10 | | reason of medical, hospital, or other healing art
malpractice, | 11 | | the plaintiff's attorney or the plaintiff, if the plaintiff is
| 12 | | proceeding pro se, shall file an affidavit, attached to the | 13 | | original and
all copies of the complaint, declaring one of the | 14 | | following:
| 15 | | 1. That the affiant has consulted and reviewed the | 16 | | facts of the case
with a health professional who the | 17 | | affiant reasonably believes: (i) is
knowledgeable in the | 18 | | relevant issues involved in the particular action;
(ii) | 19 | | practices or has practiced within the last 5 years or | 20 | | teaches or
has taught within the last 5 years in the same | 21 | | area of health care or
medicine that is at issue in the | 22 | | particular action; and (iii) meets the expert witness | 23 | | standards set forth in paragraphs (a) through (d) of | 24 | | Section 8-2501; that
the reviewing health professional has |
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| 1 | | determined in a
written report, after a review of the | 2 | | medical record and other relevant
material involved in the | 3 | | particular action that there is a reasonable and
| 4 | | meritorious cause for the filing of such action; and that | 5 | | the affiant has
concluded on the basis of the reviewing | 6 | | health professional's review and
consultation that there | 7 | | is a reasonable and meritorious cause for filing of
such | 8 | | action. A single written report must be filed to cover each | 9 | | defendant in the action. As to defendants who are | 10 | | individuals, the written report must be from a health | 11 | | professional
licensed in the same profession, with the same | 12 | | class of license, as the
defendant. For written reports | 13 | | filed as to all other defendants, who are not individuals, | 14 | | the written
report must be from a physician licensed to | 15 | | practice medicine in all its
branches who is qualified by | 16 | | experience with the standard of care, methods, procedures | 17 | | and treatments relevant to the allegations at issue in the | 18 | | case. In either event, the written report must identify the | 19 | | profession of
the reviewing health professional. A copy of | 20 | | the written report, clearly
identifying the plaintiff and | 21 | | the reasons for the reviewing health
professional's | 22 | | determination that a reasonable and meritorious cause for
| 23 | | the filing of the action exists, including the reviewing | 24 | | health care professional's name, address, current license | 25 | | number, and state of licensure, must be attached to the | 26 | | affidavit.
Information regarding the preparation of a |
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| 1 | | written report by the reviewing health professional shall | 2 | | not be used to discriminate against that professional in | 3 | | the issuance of medical liability insurance or in the | 4 | | setting of that professional's medical liability insurance | 5 | | premium. No professional organization may discriminate | 6 | | against a reviewing health professional on the basis that | 7 | | the reviewing health professional has prepared a written | 8 | | report.
| 9 | | 2.
That the affiant was unable to obtain a consultation | 10 | | required by
paragraph 1 because a statute of limitations | 11 | | would impair the action and
the consultation required could | 12 | | not be obtained before the expiration of
the statute of | 13 | | limitations. If an affidavit is executed pursuant to this
| 14 | | paragraph, the affidavit and written report required by | 15 | | paragraph 1 shall
be filed within 90 days after the filing | 16 | | of the complaint. No additional 90-day extensions pursuant | 17 | | to this paragraph shall be granted, except where there has | 18 | | been a withdrawal of the plaintiff's counsel. The defendant
| 19 | | shall be excused from answering or otherwise pleading until | 20 | | 30 days after
being served with an affidavit and a report
| 21 | | required by paragraph 1.
| 22 | | 3.
That a request has been made by the plaintiff or his | 23 | | attorney for
examination and copying of records pursuant to | 24 | | Part 20 of Article VIII of
this Code and the party required | 25 | | to comply under those Sections has failed
to produce such | 26 | | records within 60 days of the receipt of the request. If an
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| 1 | | affidavit is executed pursuant to this paragraph, the | 2 | | affidavit and
written report required by paragraph 1 shall | 3 | | be filed within 90 days
following receipt of the requested | 4 | | records. All defendants except those
whose failure to | 5 | | comply with Part 20 of Article VIII of this Code is the
| 6 | | basis for an affidavit under this paragraph shall be | 7 | | excused from answering
or otherwise pleading until 30 days | 8 | | after being served with the affidavit and report
required | 9 | | by paragraph 1.
| 10 | | (b)
Where an affidavit and written report are required | 11 | | pursuant to this
Section a separate affidavit and written | 12 | | report shall be filed as to each
defendant who has been named | 13 | | in the complaint and shall be filed as to each
defendant named | 14 | | at a later time.
| 15 | | (c)
Where the plaintiff intends to rely on the doctrine of | 16 | | "res ipsa
loquitur", as defined by Section 2-1113 of this Code, | 17 | | the affidavit and
written report must state that, in the | 18 | | opinion of the reviewing health
professional, negligence has | 19 | | occurred in the course of medical treatment.
The affiant shall | 20 | | certify upon filing of the complaint that he is relying
on the | 21 | | doctrine of "res ipsa loquitur".
| 22 | | (d)
When the attorney intends to rely on the doctrine of | 23 | | failure to
inform of the consequences of the procedure, the | 24 | | attorney shall certify
upon the filing of the complaint that | 25 | | the reviewing health professional
has, after reviewing the | 26 | | medical record and other relevant materials involved
in the |
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| 1 | | particular action, concluded that a reasonable health | 2 | | professional
would have informed the patient of the | 3 | | consequences of the procedure.
| 4 | | (e)
Allegations and denials in the affidavit, made without | 5 | | reasonable
cause and found to be untrue, shall subject the | 6 | | party pleading them or his
attorney, or both, to the payment of | 7 | | reasonable expenses, actually incurred
by the other party by | 8 | | reason of the untrue pleading, together with
reasonable | 9 | | attorneys' fees to be summarily taxed by the court upon motion
| 10 | | made within 30 days of the judgment or dismissal. In no event | 11 | | shall the
award for attorneys' fees and expenses exceed those | 12 | | actually paid by the
moving party, including the insurer, if | 13 | | any. In proceedings under this
paragraph (e), the moving party | 14 | | shall have the right to depose and examine
any and all | 15 | | reviewing health professionals who prepared reports used in
| 16 | | conjunction with an affidavit required by this Section. | 17 | | (f)
A reviewing health professional who in good faith | 18 | | prepares a report
used in conjunction with an affidavit | 19 | | required by this Section shall have
civil immunity from | 20 | | liability which otherwise might result from the
preparation of | 21 | | such report.
| 22 | | (g)
The failure of the plaintiff to file an affidavit and | 23 | | report in compliance with
this Section shall be
grounds for | 24 | | dismissal
under Section 2-619.
| 25 | |
(h) This Section does not apply to or affect any actions | 26 | | pending
at the time of its effective date, but applies to cases |
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| 1 | | filed on or
after its effective date.
| 2 | |
(i) This amendatory Act of 1997 does not apply to or | 3 | | affect any actions
pending at the time of its effective date, | 4 | | but applies to cases filed on or
after its effective date.
| 5 | | (j) The changes to this Section made by Public Act 94-677 | 6 | | and reenacted by this amendatory Act of the 94th General | 7 | | Assembly apply to causes of action
accruing on or after August | 8 | | 25, 2005, as those changes may be amended from time to time its | 9 | | effective date .
| 10 | | (Source: P.A. 94-677, eff. 8-25-05.)
| 11 | | (735 ILCS 5/2-1303) (from Ch. 110, par. 2-1303)
| 12 | | Sec. 2-1303. Interest on judgment. | 13 | | (a) Judgments recovered in
any court shall draw interest at | 14 | | the rate of 3% 9% per annum from the date
of the judgment until | 15 | | satisfied or 1% 6% per annum when the judgment debtor is a unit
| 16 | | of local government, as defined in Section 1 of Article VII of | 17 | | the Constitution,
a school district, a community college | 18 | | district, or any other governmental
entity. The interest rate | 19 | | shall be increased or decreased in accordance with the | 20 | | provisions of Section 8-2006. When judgment is entered upon any | 21 | | award, report or verdict, interest
shall be computed at the | 22 | | above rate, from the time when made or rendered
to the time of | 23 | | entering judgment upon the same, and included in the judgment , | 24 | | except as provided in subsection (b) of this Section .
Interest | 25 | | shall be computed and charged only on the unsatisfied portion |
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| 1 | | of
the judgment as it exists from time to time. The judgment | 2 | | debtor may by
tender of payment of judgment, costs and interest
| 3 | | accrued to the date of tender, stop the further accrual of | 4 | | interest on such
judgment notwithstanding the prosecution of an | 5 | | appeal, or other steps to
reverse, vacate or modify the | 6 | | judgment.
| 7 | | (b) In cases where a federal Medicare lien may exist | 8 | | against the judgment, this statutory interest shall be computed | 9 | | from the day after the federal Medicare program provides | 10 | | confirmation of any lien against the judgment. | 11 | | (Source: P.A. 85-907.)
| 12 | | (735 ILCS 5/2-1704.5)
| 13 | | Sec. 2-1704.5. Guaranteed payment of future medical | 14 | | expenses and costs of life care. | 15 | | (a) At any time, but no later than 5 days after a verdict | 16 | | in the plaintiff's favor for a plaintiff's future medical | 17 | | expenses and costs of life care is reached, either party in a | 18 | | medical malpractice action may elect, or the court may enter an | 19 | | order, to have the payment of the plaintiff's future medical | 20 | | expenses and costs of life care made under this Section. | 21 | | (b) In all cases in which a defendant in a medical | 22 | | malpractice action is found liable for the plaintiff's future | 23 | | medical expenses and costs of care, the trier of fact shall | 24 | | make the following findings based on evidence presented at | 25 | | trial: |
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| 1 | | (1) the present cash value of the plaintiff's future | 2 | | medical expenses and costs of life care; | 3 | | (2) the current year annual cost of the plaintiff's | 4 | | future medical expenses and costs of life care; and | 5 | | (3) the annual composite rate of inflation that should | 6 | | be applied to the costs specified in item (2). | 7 | | Based upon evidence presented at trial, the trier of fact | 8 | | may also vary the amount of future costs under this Section | 9 | | from year to year to account for different annual expenditures, | 10 | | including the immediate medical and life care needs of the | 11 | | plaintiff. The jury shall not be informed of an election to pay | 12 | | for future medical expenses and costs of life care by | 13 | | purchasing an annuity.
| 14 | | (c) When an election is made to pay for future medical | 15 | | expenses and costs of life care by purchasing an annuity, the | 16 | | court shall enter a judgment ordering that the defendant pay | 17 | | the plaintiff an amount equal to 20% of the present cash value | 18 | | of future medical expenses and cost of life care determined | 19 | | under subsection (b)(1) of this Section and ordering that the | 20 | | remaining future expenses and costs be paid by the purchase of | 21 | | an annuity by or on behalf of the defendant from a company that | 22 | | has itself, or is irrevocably supported financially by a | 23 | | company that has, at least 2 of the following 4 ratings: "A+ X" | 24 | | or higher from A.M. Best Company; "AA-" or higher from Standard & | 25 | | Poor's; "Aa3" or higher from Moody's; and "AA-" or higher | 26 | | from Fitch. The annuity must guarantee that the plaintiff will |
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| 1 | | receive annual payments equal to 80% of the amount determined | 2 | | in subsection (b)(2) inflated by the rate determined in | 3 | | subsection (b)(3) for the life of the plaintiff. | 4 | | (d) If the company providing the annuity becomes unable to | 5 | | pay amounts required by the annuity, the defendant shall secure | 6 | | a replacement annuity for the remainder of the plaintiff's life | 7 | | from a company that satisfies the requirements of subsection | 8 | | (c). | 9 | | (e) A plaintiff receiving future payments by means of an | 10 | | annuity under this Section may seek leave of court to assign or | 11 | | otherwise transfer the right to receive such payments in | 12 | | exchange for a negotiated lump sum value of the remaining | 13 | | future payments or any portion of the remaining future payments | 14 | | under the annuity to address an unanticipated financial | 15 | | hardship under such terms as approved by the court. | 16 | | (f) This Section applies to all causes of action accruing | 17 | | on or after August 25, 2005 the effective date of this | 18 | | amendatory Act of the 94th General Assembly .
| 19 | | (Source: P.A. 94-677, eff. 8-25-05.)
| 20 | | (735 ILCS 5/8-1901) (from Ch. 110, par. 8-1901)
| 21 | | Sec. 8-1901. Admission of liability - Effect. | 22 | | (a) The providing of, or payment
for, medical, surgical,
| 23 | | hospital, or rehabilitation services, facilities, or equipment | 24 | | by or on
behalf of any person, or the offer to provide, or pay | 25 | | for, any one or
more of the foregoing, shall not be construed |
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| 1 | | as an admission of any
liability by such person or persons. | 2 | | Testimony, writings, records,
reports or information with | 3 | | respect to the foregoing shall not be
admissible in evidence as | 4 | | an admission of any liability in any action of
any kind in any | 5 | | court or before any commission, administrative agency,
or other | 6 | | tribunal in this State, except at the instance of the person or
| 7 | | persons so making any such provision, payment or offer.
| 8 | | (b) Any expression of grief, apology, or explanation | 9 | | provided by a health care provider, including, but not limited | 10 | | to, a statement that the health care provider is "sorry" for | 11 | | the outcome to a patient, the patient's family, or the | 12 | | patient's legal representative about an inadequate or | 13 | | unanticipated treatment or care outcome that is provided within | 14 | | 72 hours of when the provider knew or should have known of the | 15 | | potential cause of such outcome shall not be admissible as | 16 | | evidence in any action of any kind in any court or before any | 17 | | tribunal, board, agency, or person. The disclosure of any such | 18 | | information, whether proper, or improper, shall not waive or | 19 | | have any effect upon its confidentiality or inadmissibility. As | 20 | | used in this Section, a "health care provider" is any hospital, | 21 | | nursing home or other facility, or employee or agent thereof, a | 22 | | physician, or other licensed health care professional. Nothing | 23 | | in this Section precludes the discovery or admissibility of any | 24 | | other facts regarding the patient's treatment or outcome as | 25 | | otherwise permitted by law.
| 26 | | (c) The changes to this Section made by Public Act 94-677 |
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| 1 | | and reenacted by this amendatory Act of the 97th 94th General | 2 | | Assembly apply to causes of action accruing on or after August | 3 | | 25, 2005, as those changes may be amended from time to time its | 4 | | effective date . | 5 | | (Source: P.A. 94-677, eff. 8-25-05.)
| 6 | | (735 ILCS 5/8-2006)
| 7 | | Sec. 8-2006. Copying fees and interest rates ; adjustment | 8 | | for inflation. Every Beginning in
2003, every January 20, the | 9 | | copying fee limits established in Sections 8-2001 and 8-2005 | 10 | | and the interest rates established in Section 2-1303 shall | 11 | | automatically be increased or decreased, as
applicable, by a | 12 | | percentage equal to the percentage change in the consumer
price | 13 | | index-u during the preceding 12-month calendar year. "Consumer | 14 | | price
index-u" means the index published by the Bureau of Labor | 15 | | Statistics of the
United States Department of Labor that | 16 | | measures the average change in
prices of goods and services | 17 | | purchased by all urban consumers, United
States city average, | 18 | | all items, 1982-84 = 100. The new amount resulting
from each | 19 | | annual adjustment shall be determined by the Comptroller and
| 20 | | made available to the public via the Comptroller's official | 21 | | website by January 31 of every year.
| 22 | | (Source: P.A. 94-982, eff. 6-30-06; 95-478, eff. 1-1-08 | 23 | | (changed from 8-27-07 by P.A. 95-480).)
| 24 | | (735 ILCS 5/8-2501) (from Ch. 110, par. 8-2501)
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| 1 | | Sec. 8-2501. Expert Witness Standards. In any case in which | 2 | | the standard of
care applicable to a medical professional is at | 3 | | issue, the court shall apply the
following standards to | 4 | | determine if a witness qualifies as an expert witness
and can | 5 | | testify on the issue of the appropriate standard of care.
| 6 | | (a) Whether the witness is board certified or board | 7 | | eligible, or has completed a residency, in the same or | 8 | | substantially similar medical specialties as the defendant and | 9 | | is otherwise qualified by significant experience with the | 10 | | standard of care, methods, procedures, and treatments relevant | 11 | | to the allegations against the defendant;
| 12 | | (b) Whether the witness has devoted
a majority of his or | 13 | | her
work time to the practice of medicine, teaching or | 14 | | University based research
in relation to the medical care and | 15 | | type of treatment at issue which gave
rise to the medical | 16 | | problem of which the plaintiff complains;
| 17 | | (c)
whether the witness is licensed
in the same profession | 18 | | with the same class of license as the defendant if the | 19 | | defendant is an individual; and
| 20 | | (d) whether, in the case against a nonspecialist, the | 21 | | witness can
demonstrate a sufficient familiarity with the | 22 | | standard of care practiced in
this State.
| 23 | | An expert shall provide evidence of active practice, | 24 | | teaching, or engaging in university-based research. If | 25 | | retired, an expert must provide evidence of attendance and | 26 | | completion of continuing education courses for 3 years previous |
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| 1 | | to giving testimony. An expert who has not actively practiced, | 2 | | taught, or been engaged in university-based research, or any | 3 | | combination thereof, during the preceding 5 years may not be | 4 | | qualified as an expert witness.
| 5 | | The changes to this Section made by Public Act 94-677 and | 6 | | reenacted by this amendatory Act of the 97th 94th General | 7 | | Assembly apply to causes of action accruing on or after August | 8 | | 25, 2005, as those changes may be amended from time to time its | 9 | | effective date .
| 10 | | (Source: P.A. 94-677, eff. 8-25-05.)
| 11 | | Section 20. The Good Samaritan Act is amended by reenacting | 12 | | and changing Section 30 as follows:
| 13 | | (745 ILCS 49/30)
| 14 | | Sec. 30. Free medical clinic; exemption from civil | 15 | | liability for services
performed without compensation. | 16 | | (a) A person licensed under the Medical Practice Act of | 17 | | 1987, a person
licensed to practice the treatment of human | 18 | | ailments in any
other state or territory of the United States, | 19 | | or a health care professional,
including but not limited to an | 20 | | advanced practice nurse, retired physician, physician
| 21 | | assistant, nurse, pharmacist, physical therapist, podiatrist, | 22 | | or social worker
licensed in this State or any other state or | 23 | | territory of the United States,
who, in good faith, provides | 24 | | medical treatment,
diagnosis, or advice as a part of the |
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| 1 | | services of an
established free medical clinic providing care, | 2 | | including but not limited to home visits, without charge to | 3 | | patients
which is limited to care that does not require the | 4 | | services of a
licensed hospital or ambulatory surgical | 5 | | treatment center and who receives
no fee or compensation from | 6 | | that source shall not be liable for civil
damages as a result | 7 | | of his or her acts or omissions in
providing that medical | 8 | | treatment, except for willful or wanton misconduct.
| 9 | | (b) For purposes of this Section, a "free medical clinic" | 10 | | is an
organized community based program providing medical care | 11 | | without
charge to individuals, at which the
care provided does | 12 | | not include an overnight stay in a health-care facility.
| 13 | | (c) The provisions of subsection (a) of this Section do not | 14 | | apply to a
particular case unless the free medical
clinic has | 15 | | posted in a conspicuous place on its premises an explanation of | 16 | | the
exemption from civil liability provided herein.
| 17 | | (d) The immunity from civil damages provided under | 18 | | subsection (a) also
applies to physicians, retired physicians,
| 19 | | hospitals, and other health care providers that provide
further | 20 | | medical treatment, diagnosis, or advice, including but not | 21 | | limited to hospitalization, office visits, and home visits, to | 22 | | a patient upon referral from
an established free medical clinic | 23 | | without fee or compensation.
| 24 | | (d-5) A free medical clinic may receive reimbursement from | 25 | | the Illinois
Department of Public Aid, provided any | 26 | | reimbursements shall be used only to pay
overhead expenses of |
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| 1 | | operating the free medical clinic and may not be used, in
whole | 2 | | or in
part, to provide a fee or other compensation to any | 3 | | person licensed under the
Medical
Practice Act of 1987 or any | 4 | | other health care professional
who is receiving an exemption | 5 | | under this Section. Any health care professional receiving an | 6 | | exemption under this Section may not receive any fee or other | 7 | | compensation in connection with any services provided to, or | 8 | | any ownership interest in, the clinic. Medical care shall
not | 9 | | include
an overnight stay in a health care
facility. | 10 | | (e) Nothing in this Section prohibits a free medical clinic | 11 | | from accepting
voluntary contributions for medical services | 12 | | provided to a patient who has
acknowledged his or her ability | 13 | | and willingness to pay a portion of the value
of the medical | 14 | | services provided.
| 15 | | (f) Any voluntary contribution collected for providing | 16 | | care at a free medical
clinic shall be used only to pay | 17 | | overhead expenses of operating the clinic. No
portion of any | 18 | | moneys collected shall be used to provide a fee or other
| 19 | | compensation to any person licensed under Medical Practice Act | 20 | | of 1987.
| 21 | | (g) The changes to this Section made by Public Act 94-677 | 22 | | and reenacted by this amendatory Act of the 97th 94th General | 23 | | Assembly apply to causes of action
accruing on or after August | 24 | | 25, 2005, as those changes may be amended from time to time its | 25 | | effective date .
| 26 | | (Source: P.A. 94-677, eff. 8-25-05.)
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| 1 | | Section 97. Inseverability. The provisions of this Act are
| 2 | | mutually dependent and inseverable. If any provision is held
| 3 | | invalid, then this entire Act, including all new and amendatory
| 4 | | provisions, is invalid.
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
|
|