Bill Text: IL SB1663 | 2013-2014 | 98th General Assembly | Introduced


Bill Title: Amends the Good Samaritan Act to reenact certain provisions of Public Act 94-677, which was declared to be unconstitutional. Includes explanatory and validation provisions. Makes changes relating to the reenactment.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB1663 Detail]

Download: Illinois-2013-SB1663-Introduced.html


98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1663

Introduced 2/13/2013, by Sen. Pamela J. Althoff

SYNOPSIS AS INTRODUCED:
745 ILCS 49/30

Amends the Good Samaritan Act to reenact certain provisions of Public Act 94-677, which was declared to be unconstitutional. Includes explanatory and validation provisions. Makes changes relating to the reenactment.
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A BILL FOR

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1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Findings; purpose; text and revisory changes;
5validation; additional material.
6 (a) The Illinois Supreme Court, in Lebron v. Gottlieb
7Memorial Hospital, 237 Ill.2d 217 (2010), found that the
8limitations on noneconomic damages in medical malpractice
9actions that were created in Public Act 94-677, contained in
10Section 2-1706.5 of the Code of Civil Procedure, violate the
11separation of powers clause of the Illinois Constitution.
12Because Public Act 94-677 contained an inseverability
13provision, the court held the Act to be void in its entirety.
14The court emphasized, however, that "because the other
15provisions contained in Public Act 94-677 are deemed invalid
16solely on inseverability grounds, the legislature remains free
17to reenact any provisions it deems appropriate".
18 (b) It is the purpose of this Act to reenact certain
19provisions of Public Act 94-677 that did not involve
20limitations on noneconomic damages in medical malpractice
21actions and to validate certain actions taken in reliance on
22those provisions.
23 (c) This Act reenacts Section 30 of the Good Samaritan Act.
24In this Section, certain effective date references and

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1applicability provisions have been changed to reflect the
2reenactment. This Act does not reenact any other provisions of
3Public Act 94-677.
4 In this Act, the base text of the reenacted Section is set
5forth as it existed at the time of the Supreme Court's
6decision, including any amendments that occurred after P.A.
794-677. Striking and underscoring is used only to show the
8changes being made to that base text.
9 (d) All otherwise lawful actions taken in reasonable
10reliance on or pursuant to the Section reenacted by this Act,
11as set forth in Public Act 94-677 or subsequently amended, by
12any officer, employee, agency, or unit of State or local
13government or by any other person or entity, are hereby
14validated.
15 With respect to actions taken in relation to matters
16arising under the Section reenacted by this Act, a person is
17rebuttably presumed to have acted in reasonable reliance on and
18pursuant to the provisions of Public Act 94-677, as those
19provisions had been amended at the time the action was taken.
20 With respect to their administration of matters arising
21under the Section reenacted by this Act, officers, employees,
22agencies, and units of State and local government shall
23continue to apply the provisions of Public Act 94-677, as those
24provisions had been amended at the relevant time.
25 Section 5. The Good Samaritan Act is amended by reenacting

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1and changing Section 30 as follows:
2 (745 ILCS 49/30)
3 Sec. 30. Free medical clinic; exemption from civil
4liability for services performed without compensation.
5 (a) A person licensed under the Medical Practice Act of
61987, a person licensed to practice the treatment of human
7ailments in any other state or territory of the United States,
8or a health care professional, including but not limited to an
9advanced practice nurse, retired physician, physician
10assistant, nurse, pharmacist, physical therapist, podiatrist,
11or social worker licensed in this State or any other state or
12territory of the United States, who, in good faith, provides
13medical treatment, diagnosis, or advice as a part of the
14services of an established free medical clinic providing care,
15including but not limited to home visits, without charge to
16patients which is limited to care that does not require the
17services of a licensed hospital or ambulatory surgical
18treatment center and who receives no fee or compensation from
19that source shall not be liable for civil damages as a result
20of his or her acts or omissions in providing that medical
21treatment, except for willful or wanton misconduct.
22 (b) For purposes of this Section, a "free medical clinic"
23is an organized community based program providing medical care
24without charge to individuals, at which the care provided does
25not include an overnight stay in a health-care facility.

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

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1and willingness to pay a portion of the value of the medical
2services provided.
3 (f) Any voluntary contribution collected for providing
4care at a free medical clinic shall be used only to pay
5overhead expenses of operating the clinic. No portion of any
6moneys collected shall be used to provide a fee or other
7compensation to any person licensed under Medical Practice Act
8of 1987.
9 (g) The changes to this Section made by Public Act 94-677
10and reenacted by this amendatory Act of the 98th 94th General
11Assembly apply to causes of action accruing on or after August
1225, 2005, as those changes may be amended from time to time its
13effective date.
14(Source: P.A. 94-677, eff. 8-25-05.)
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