Bill Text: IL HB0945 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Code of Civil Procedure. Makes a technical change in a Section concerning construction of the Code.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB0945 Detail]

Download: Illinois-2011-HB0945-Amended.html

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Rep. Mary E. Flowers

Filed: 4/8/2011

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AMENDMENT TO HOUSE BILL 945
AMENDMENT NO. ______. Amend House Bill 945 by replacing
everything after the enacting clause with the following:
"Section 5. The Code of Civil Procedure is amended by
changing Section 8-1901 as follows:
(735 ILCS 5/8-1901) (from Ch. 110, par. 8-1901)
(Text of Section WITH the changes made by P.A. 94-677,
which has been held unconstitutional)
Sec. 8-1901. Admission of liability - Effect.
(a) The providing of, or payment for, medical, surgical,
hospital, or rehabilitation services, facilities, or equipment
by or on behalf of any person, or the offer to provide, or pay
for, any one or more of the foregoing, shall not be construed
as an admission of any liability by such person or persons.
Testimony, writings, records, reports or information with
respect to the foregoing shall not be admissible in evidence as

09700HB0945ham001 - 2 - LRB097 03783 AJO 54149 a
an admission of any liability in any action of any kind in any
court or before any commission, administrative agency, or other
tribunal in this State, except at the instance of the person or
persons so making any such provision, payment or offer.
(b) Any expression of grief, apology, or explanation
provided by a health care provider, including, but not limited
to, a statement that the health care provider is "sorry" for
the outcome to a patient, the patient's family, or the
patient's legal representative about an inadequate or
unanticipated treatment or care outcome that is provided within
72 hours of when the provider knew or should have known of the
potential cause of such outcome shall not be admissible as
evidence in any action of any kind in any court or before any
tribunal, board, agency, or person. The disclosure of any such
information, whether proper, or improper, shall not waive or
have any effect upon its confidentiality or inadmissibility. As
used in this Section, a "health care provider" is any hospital,
nursing home or other facility, or employee or agent thereof, a
physician, or other licensed health care professional. Nothing
in this Section precludes the discovery or admissibility of any
other facts regarding the patient's treatment or outcome as
otherwise permitted by law.
(c) The changes to this Section made by this amendatory Act
of the 94th General Assembly apply to causes of action accruing
on or after its effective date.
(Source: P.A. 94-677, eff. 8-25-05.)

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(Text of Section WITHOUT the changes made by P.A. 94-677,
which has been held unconstitutional)
Sec. 8-1901. Admission of liability - Effect.
(a) The providing of, or payment for, medical, surgical,
hospital, or rehabilitation services, facilities, or equipment
by or on behalf of any person, or the offer to provide, or pay
for, any one or more of the foregoing, shall not be construed
as an admission of any liability by such person or persons.
Testimony, writings, records, reports or information with
respect to the foregoing shall not be admissible in evidence as
an admission of any liability in any action of any kind in any
court or before any commission, administrative agency, or other
tribunal in this State, except at the instance of the person or
persons so making any such provision, payment or offer.
(b) Any expression of grief, apology, or explanation
provided by a health care provider, including, but not limited
to, a statement that the health care provider is "sorry" for
the outcome to a patient, the patient's family, or the
patient's legal representative about an inadequate or
unanticipated treatment or care outcome that is provided within
72 hours of when the provider knew or should have known of the
potential cause of such outcome shall not be admissible as
evidence in any action of any kind in any court or before any
tribunal, board, agency, or person. The disclosure of any such
information, whether proper, or improper, shall not waive or

09700HB0945ham001 - 4 - LRB097 03783 AJO 54149 a
have any effect upon its confidentiality or inadmissibility. As
used in this Section, a "health care provider" is any hospital,
nursing home or other facility, or employee or agent thereof, a
physician, or other licensed health care professional. Nothing
in this Section precludes the discovery or admissibility of any
other facts regarding the patient's treatment or outcome as
otherwise permitted by law.
(c) The provisions of this amendatory Act of the 97th
General Assembly apply to causes of action accruing on or after
its effective date.
(Source: P.A. 82-280.)
Section 99. Effective date. This Act takes effect upon
becoming law.".