Bill Text: IL HB0945 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Code of Civil Procedure. Makes a technical change in a Section concerning construction of the Code.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB0945 Detail]
Download: Illinois-2011-HB0945-Amended.html
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1 | AMENDMENT TO HOUSE BILL 945
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2 | AMENDMENT NO. ______. Amend House Bill 945 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 8-1901 as follows:
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6 | (735 ILCS 5/8-1901) (from Ch. 110, par. 8-1901)
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7 | (Text of Section WITH the changes made by P.A. 94-677, | ||||||
8 | which has been held
unconstitutional) | ||||||
9 | Sec. 8-1901. Admission of liability - Effect. | ||||||
10 | (a) The providing of, or payment
for, medical, surgical,
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11 | hospital, or rehabilitation services, facilities, or equipment | ||||||
12 | by or on
behalf of any person, or the offer to provide, or pay | ||||||
13 | for, any one or
more of the foregoing, shall not be construed | ||||||
14 | as an admission of any
liability by such person or persons. | ||||||
15 | Testimony, writings, records,
reports or information with | ||||||
16 | respect to the foregoing shall not be
admissible in evidence as |
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1 | an admission of any liability in any action of
any kind in any | ||||||
2 | court or before any commission, administrative agency,
or other | ||||||
3 | tribunal in this State, except at the instance of the person or
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4 | persons so making any such provision, payment or offer.
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5 | (b) Any expression of grief, apology, or explanation | ||||||
6 | provided by a health care provider, including, but not limited | ||||||
7 | to, a statement that the health care provider is "sorry" for | ||||||
8 | the outcome to a patient, the patient's family, or the | ||||||
9 | patient's legal representative about an inadequate or | ||||||
10 | unanticipated treatment or care outcome that is provided within | ||||||
11 | 72 hours of when the provider knew or should have known of the | ||||||
12 | potential cause of such outcome shall not be admissible as | ||||||
13 | evidence in any action of any kind in any court or before any | ||||||
14 | tribunal, board, agency, or person. The disclosure of any such | ||||||
15 | information, whether proper, or improper, shall not waive or | ||||||
16 | have any effect upon its confidentiality or inadmissibility. As | ||||||
17 | used in this Section, a "health care provider" is any hospital, | ||||||
18 | nursing home or other facility, or employee or agent thereof, a | ||||||
19 | physician, or other licensed health care professional. Nothing | ||||||
20 | in this Section precludes the discovery or admissibility of any | ||||||
21 | other facts regarding the patient's treatment or outcome as | ||||||
22 | otherwise permitted by law.
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23 | (c) The changes to this Section made by this amendatory Act | ||||||
24 | of the 94th General Assembly apply to causes of action accruing | ||||||
25 | on or after its effective date. | ||||||
26 | (Source: P.A. 94-677, eff. 8-25-05 .)
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1 | (Text of Section WITHOUT the changes made by P.A. 94-677, | ||||||
2 | which has been held
unconstitutional) | ||||||
3 | Sec. 8-1901. Admission of liability - Effect. | ||||||
4 | (a) The providing of, or payment
for, medical, surgical,
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5 | hospital, or rehabilitation services, facilities, or equipment | ||||||
6 | by or on
behalf of any person, or the offer to provide, or pay | ||||||
7 | for, any one or
more of the foregoing, shall not be construed | ||||||
8 | as an admission of any
liability by such person or persons. | ||||||
9 | Testimony, writings, records,
reports or information with | ||||||
10 | respect to the foregoing shall not be
admissible in evidence as | ||||||
11 | an admission of any liability in any action of
any kind in any | ||||||
12 | court or before any commission, administrative agency,
or other | ||||||
13 | tribunal in this State, except at the instance of the person or
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14 | persons so making any such provision, payment or offer.
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15 | (b) Any expression of grief, apology, or explanation | ||||||
16 | provided by a health care provider, including, but not limited | ||||||
17 | to, a statement that the health care provider is "sorry" for | ||||||
18 | the outcome to a patient, the patient's family, or the | ||||||
19 | patient's legal representative about an inadequate or | ||||||
20 | unanticipated treatment or care outcome that is provided within | ||||||
21 | 72 hours of when the provider knew or should have known of the | ||||||
22 | potential cause of such outcome shall not be admissible as | ||||||
23 | evidence in any action of any kind in any court or before any | ||||||
24 | tribunal, board, agency, or person. The disclosure of any such | ||||||
25 | information, whether proper, or improper, shall not waive or |
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1 | have any effect upon its confidentiality or inadmissibility. As | ||||||
2 | used in this Section, a "health care provider" is any hospital, | ||||||
3 | nursing home or other facility, or employee or agent thereof, a | ||||||
4 | physician, or other licensed health care professional. Nothing | ||||||
5 | in this Section precludes the discovery or admissibility of any | ||||||
6 | other facts regarding the patient's treatment or outcome as | ||||||
7 | otherwise permitted by law. | ||||||
8 | (c) The provisions of this amendatory Act of the 97th | ||||||
9 | General Assembly apply to causes of action accruing on or after | ||||||
10 | its effective date. | ||||||
11 | (Source: P.A. 82-280.)
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
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