Bill Text: IL SB2382 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Counties Code and the Code of Civil Procedure to reverse the changes made by Public Act 98-1132 concerning jury compensation and composition. Further amends the Code of Civil Procedure. Makes changes in Sections concerning: the filing of affidavits in medical malpractice cases attesting to the merits of the cause of action; reductions in the amount of recovery; interest on judgments; and admissions of liability and expressions of sympathy. Adds provisions concerning the use of federal law pay or guidelines in medical malpractice and medical product liability cases. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-04-22 - Rule 3-9(a) / Re-referred to Assignments [SB2382 Detail]
Download: Illinois-2015-SB2382-Introduced.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing Section | |||||||||||||||||||||||||||||||||||
5 | 4-11001 as follows:
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6 | (55 ILCS 5/4-11001) (from Ch. 34, par. 4-11001)
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7 | Sec. 4-11001. Juror fees. Each county
shall pay to grand | |||||||||||||||||||||||||||||||||||
8 | and petit jurors for their services
in attending courts the sum | |||||||||||||||||||||||||||||||||||
9 | of $4 sums of $25 for the first day and thereafter $50 for each | |||||||||||||||||||||||||||||||||||
10 | day of necessary attendance at
such courts as jurors in | |||||||||||||||||||||||||||||||||||
11 | counties of the first class, the sum of $5 for
each day in | |||||||||||||||||||||||||||||||||||
12 | counties of the second class, and the sum of $10 for each
day | |||||||||||||||||||||||||||||||||||
13 | in counties of the third class , or such higher amount as may be | |||||||||||||||||||||||||||||||||||
14 | fixed by
the county board.
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15 | In addition, jurors shall receive such travel expense as
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16 | may be determined by the county board, provided that jurors in
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17 | counties of the first class and second class shall receive at
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18 | least 10 cents per mile for their travel expense.
Mileage shall | |||||||||||||||||||||||||||||||||||
19 | be allowed for travel during a juror's term as well as for
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20 | travel at the opening and closing of his or her term. | |||||||||||||||||||||||||||||||||||
21 | If a judge so orders, a juror
shall also receive | |||||||||||||||||||||||||||||||||||
22 | reimbursement for the actual cost of day care incurred by
the | |||||||||||||||||||||||||||||||||||
23 | juror during his or her service on a jury.
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1 | The juror fees for service , transportation, and day care | ||||||
2 | shall be paid out
of the county treasury.
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3 | The clerk of the court shall
furnish to each juror without | ||||||
4 | fee whenever he is discharged a certificate
of the number of | ||||||
5 | days' attendance at court, and upon presentation thereof
to the | ||||||
6 | county treasurer, he shall pay to the juror the sum
provided | ||||||
7 | for his service.
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8 | Any juror may elect to waive the fee paid for service, | ||||||
9 | transportation, or day care, or any combination thereof. | ||||||
10 | (Source: P.A. 97-840, eff. 1-1-13; 98-1132, eff. 6-1-15 .)
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11 | Section 10. The Code of Civil Procedure is amended by | ||||||
12 | changing Sections 2-622, 2-1105, 2-1205, 2-1205.1, 2-1303, | ||||||
13 | 8-1901, and 8-2501, by re-enacting by adding Part 29 to Article | ||||||
14 | VIII as follows:
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15 | (735 ILCS 5/2-622) (from Ch. 110, par. 2-622)
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16 | Sec. 2-622. Healing art malpractice.
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17 | (a) In any action, whether in
tort, contract or otherwise, | ||||||
18 | in which the plaintiff seeks damages for
injuries or death by | ||||||
19 | reason of medical, hospital, or other healing art
malpractice, | ||||||
20 | the plaintiff's attorney or the plaintiff, if the plaintiff is
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21 | proceeding pro se, shall file an affidavit, attached to the | ||||||
22 | original and
all copies of the complaint, declaring that one of | ||||||
23 | the following:
1. That the affiant has consulted and reviewed | ||||||
24 | the facts of the case
with a health professional who the |
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1 | affiant reasonably believes: (i) is
knowledgeable in the | ||||||
2 | relevant issues involved in the particular action;
(ii) | ||||||
3 | practices or has practiced within the last
6 years or teaches | ||||||
4 | or
has taught within the last
6 years in the same area of | ||||||
5 | health care or
medicine that is at issue in the particular | ||||||
6 | action; and (iii)
is qualified
by experience or demonstrated | ||||||
7 | competence in the subject of the case; that
the reviewing | ||||||
8 | health professional has determined in a
written report, after a | ||||||
9 | review of the medical record and other relevant
material | ||||||
10 | involved in the particular action that there is a reasonable | ||||||
11 | and
meritorious cause for the filing of such action; and that | ||||||
12 | the affiant has
concluded on the basis of the reviewing health | ||||||
13 | professional's review and
consultation that there is a | ||||||
14 | reasonable and meritorious cause for filing of
such action.
If | ||||||
15 | the affidavit is filed as to a defendant who is a physician
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16 | licensed to treat human ailments without the use of drugs or | ||||||
17 | medicines and
without operative surgery, a dentist, a podiatric | ||||||
18 | physician, a psychologist, or a
naprapath,
the written report | ||||||
19 | must be from a health professional
licensed in the same | ||||||
20 | profession, with the same class of license, as the
defendant. | ||||||
21 | For
affidavits filed as to all other defendants, the written
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22 | report must be from a physician licensed to practice medicine | ||||||
23 | in all its
branches. In either event, the
affidavit must | ||||||
24 | identify the profession of
the reviewing health professional. A | ||||||
25 | copy of the written report, clearly
identifying the plaintiff | ||||||
26 | and the reasons for the reviewing health
professional's |
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1 | determination that a reasonable and meritorious cause for
the | ||||||
2 | filing of the action exists, must be attached to the affidavit, | ||||||
3 | but
information which would identify the reviewing health | ||||||
4 | professional may be
deleted from the copy so attached.
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5 | 2.
That the affiant was unable to obtain a consultation | ||||||
6 | required by
paragraph 1 because a statute of limitations | ||||||
7 | would impair the action and
the consultation required could | ||||||
8 | not be obtained before the expiration of
the statute of | ||||||
9 | limitations. If an affidavit is executed pursuant to this
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10 | paragraph, the
certificate and written report required by | ||||||
11 | paragraph 1 shall
be filed within 90 days after the filing | ||||||
12 | of the complaint. The defendant
shall be excused from | ||||||
13 | answering or otherwise pleading until 30 days after
being | ||||||
14 | served with
a certificate
required by paragraph 1.
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15 | 3.
That a request has been made by the plaintiff or his | ||||||
16 | attorney for
examination and copying of records pursuant to | ||||||
17 | Part 20 of Article VIII of
this Code and the party required | ||||||
18 | to comply under those Sections has failed
to produce such | ||||||
19 | records within 60 days of the receipt of the request. If an
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20 | affidavit is executed pursuant to this paragraph, the
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21 | certificate and
written report required by paragraph 1 | ||||||
22 | shall be filed within 90 days
following receipt of the | ||||||
23 | requested records. All defendants except those
whose | ||||||
24 | failure to comply with Part 20 of Article VIII of this Code | ||||||
25 | is the
basis for an affidavit under this paragraph shall be | ||||||
26 | excused from answering
or otherwise pleading until 30 days |
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1 | after being served with the
certificate
required by | ||||||
2 | paragraph 1.
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3 | (b)
Where
a certificate and written report are required | ||||||
4 | pursuant to this
Section a separate
certificate and written | ||||||
5 | report shall be filed as to each
defendant who has been named | ||||||
6 | in the complaint and shall be filed as to each
defendant named | ||||||
7 | at a later time.
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8 | (c)
Where the plaintiff intends to rely on the doctrine of | ||||||
9 | "res ipsa
loquitur", as defined by Section 2-1113 of this Code, | ||||||
10 | the
certificate and
written report must state that, in the | ||||||
11 | opinion of the reviewing health
professional, negligence has | ||||||
12 | occurred in the course of medical treatment.
The affiant shall | ||||||
13 | certify upon filing of the complaint that he is relying
on the | ||||||
14 | doctrine of "res ipsa loquitur".
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15 | (d)
When the attorney intends to rely on the doctrine of | ||||||
16 | failure to
inform of the consequences of the procedure, the | ||||||
17 | attorney shall certify
upon the filing of the complaint that | ||||||
18 | the reviewing health professional
has, after reviewing the | ||||||
19 | medical record and other relevant materials involved
in the | ||||||
20 | particular action, concluded that a reasonable health | ||||||
21 | professional
would have informed the patient of the | ||||||
22 | consequences of the procedure.
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23 | (e)
Allegations and denials in the affidavit, made without | ||||||
24 | reasonable
cause and found to be untrue, shall subject the | ||||||
25 | party pleading them or his
attorney, or both, to the payment of | ||||||
26 | reasonable expenses, actually incurred
by the other party by |
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1 | reason of the untrue pleading, together with
reasonable | ||||||
2 | attorneys' fees to be summarily taxed by the court upon motion
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3 | made within 30 days of the judgment or dismissal. In no event | ||||||
4 | shall the
award for attorneys' fees and expenses exceed those | ||||||
5 | actually paid by the
moving party, including the insurer, if | ||||||
6 | any. In proceedings under this
paragraph (e), the moving party | ||||||
7 | shall have the right to depose and examine
any and all | ||||||
8 | reviewing health professionals who prepared reports used in
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9 | conjunction with an affidavit required by this Section. | ||||||
10 | (f)
A reviewing health professional who in good faith | ||||||
11 | prepares a report
used in conjunction with an affidavit | ||||||
12 | required by this Section shall have
civil immunity from | ||||||
13 | liability which otherwise might result from the
preparation of | ||||||
14 | such report.
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15 | (g)
The failure
to file a certificate required by
this | ||||||
16 | Section shall result in be
grounds for dismissal
under Section | ||||||
17 | 2-619.
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18 | (h) (Blank).
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19 | (i) (Blank).
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20 | (Source: P.A. 97-1145, eff. 1-18-13; 98-214, eff. 8-9-13.)
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21 | (735 ILCS 5/2-1105) (from Ch. 110, par. 2-1105)
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22 | Sec. 2-1105. Jury demand. | ||||||
23 | (a) A plaintiff desirous of a trial by jury must file
a | ||||||
24 | demand therefor with the clerk at the time the action is | ||||||
25 | commenced. A
defendant desirous of a trial by jury must file a |
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1 | demand therefor not
later than the filing of his or her answer. | ||||||
2 | Otherwise, the party waives a
jury. If an action is filed | ||||||
3 | seeking equitable relief and the court
thereafter determines | ||||||
4 | that one or more of the parties is or are entitled
to a trial by | ||||||
5 | jury, the plaintiff, within 3 days from the entry of such
order | ||||||
6 | by the court, or the defendant, within 6 days from the entry of
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7 | such order by the court, may file his or her demand for trial | ||||||
8 | by jury with the
clerk of the court. If the plaintiff files a | ||||||
9 | jury demand and thereafter
waives a jury, any defendant and, in | ||||||
10 | the case of multiple defendants, if
the defendant who filed a | ||||||
11 | jury demand thereafter waives a jury, any
other defendant shall | ||||||
12 | be granted a jury trial upon demand therefor made
promptly | ||||||
13 | after being advised of the waiver and upon payment of the
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14 | proper fees, if any, to the clerk.
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15 | (b) All jury cases where the claim for damages is $50,000 | ||||||
16 | or less shall be tried by a jury of 6 , unless either party | ||||||
17 | demands a
jury of 12. If a fee in connection with a jury demand | ||||||
18 | is required by
statute or rule of court, the fee for a jury of 6 | ||||||
19 | shall be 1/2 the
fee for a jury of 12. A party demanding a jury | ||||||
20 | of 12 after another party
has paid the applicable fee for a | ||||||
21 | jury of 6 shall pay the remaining
1/2 of the fee applicable to | ||||||
22 | a jury of 12 . If alternate jurors are requested, an additional | ||||||
23 | fee established by the county shall be charged for each | ||||||
24 | alternate juror requested. For all cases filed prior to the | ||||||
25 | effective date of this amendatory Act of the 98th General | ||||||
26 | Assembly, if a party has paid for a jury of 12, that party may |
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1 | demand a jury of 12 upon proof of payment.
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2 | (Source: P.A. 98-1132, eff. 6-1-15 .)
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3 | (735 ILCS 5/2-1205) (from Ch. 110, par. 2-1205)
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4 | Sec. 2-1205. Reduction in amount of recovery. | ||||||
5 | (a) An amount
equal to the sum of (i) 50% of the benefits | ||||||
6 | provided for lost wages
or private or governmental disability | ||||||
7 | income programs, which
have been paid, or which have become | ||||||
8 | payable to the injured person by any
other person, corporation, | ||||||
9 | insurance company or fund in relation to a
particular injury, | ||||||
10 | and (ii) 100% of the benefits provided for medical
charges, | ||||||
11 | hospital charges, or nursing or caretaking charges, which have | ||||||
12 | been
paid, or which have become payable to the injured person | ||||||
13 | by any other
person, corporation, insurance company or fund in | ||||||
14 | relation to a particular
injury, shall be deducted from any | ||||||
15 | judgment in an action to
recover for that injury based on an | ||||||
16 | allegation of negligence or other
wrongful act, not including | ||||||
17 | intentional torts, on the part of a licensed
hospital or | ||||||
18 | physician; provided, however, that:
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19 | (1) Application is made within 30 days to reduce the | ||||||
20 | judgment;
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21 | (2) Such reduction shall not apply to the extent that | ||||||
22 | there is a
right of recoupment through subrogation, trust | ||||||
23 | agreement, lien, or otherwise;
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24 | (3) The reduction shall not reduce the judgment by more | ||||||
25 | than 50% of
the total amount of the judgment entered on the |
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1 | verdict;
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2 | (4) The damages awarded shall be increased by the | ||||||
3 | amount of any
insurance premiums or the direct costs paid | ||||||
4 | by the plaintiff for such
benefits in the 2 years prior to | ||||||
5 | plaintiff's injury or death or to be paid
by the plaintiff | ||||||
6 | in the future for such benefits; and
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7 | (5) There shall be no reduction for charges paid for | ||||||
8 | medical expenses
which were directly attributable to the | ||||||
9 | adjudged negligent acts or
omissions of the defendants | ||||||
10 | found liable.
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11 | (b) In any proceedings to which this Section applies, the | ||||||
12 | actual amount paid for health care services or to be paid under | ||||||
13 | any health care services insurance or benefit program shall be | ||||||
14 | used to determine the amount of the services and not the billed | ||||||
15 | charges. Nothing is this Code shall be construed to prevent, | ||||||
16 | and the court shall allow, the introduction of evidence of the | ||||||
17 | amount paid by an affidavit or testimony of actual payment | ||||||
18 | received. | ||||||
19 | (Source: P.A. 84-7.)
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20 | (735 ILCS 5/2-1205.1) (from Ch. 110, par. 2-1205.1)
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21 | (Text of Section WITHOUT the changes made by P.A. 89-7, | ||||||
22 | which has been held
unconstitutional)
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23 | Sec. 2-1205.1. Reduction in amount of recovery. | ||||||
24 | (a) In all cases
on account of bodily injury or death or | ||||||
25 | physical damage to property, based
on negligence, or product |
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1 | liability based on
strict tort liability,
to which Section | ||||||
2 | 2-1205 does not apply, the amount in excess of $25,000 of the
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3 | benefits provided for medical
charges, hospital charges, or | ||||||
4 | nursing or caretaking charges, which have been
paid, or which | ||||||
5 | have become payable by the date of judgment to the injured
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6 | person by any other
insurance company or fund in relation to a | ||||||
7 | particular
injury, shall be deducted from any judgment.
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8 | Provided, however, that:
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9 | (1) Application is made within 30 days to reduce the | ||||||
10 | judgment;
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11 | (2) Such reduction shall not apply to the extent that | ||||||
12 | there is a
right of recoupment through subrogation, trust | ||||||
13 | agreement, contract, lien,
operation of law or otherwise;
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14 | (3) The reduction shall not reduce the judgment by more | ||||||
15 | than 50% of
the total amount of the judgment entered on the | ||||||
16 | verdict; and
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17 | (4) The damages awarded shall be increased by the | ||||||
18 | amount of any
insurance premiums or the direct costs paid | ||||||
19 | by the plaintiff for such
benefits in the 2 years prior to | ||||||
20 | plaintiff's injury or death or to be paid
by the plaintiff | ||||||
21 | in the future for such benefits.
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22 | (b) In any proceedings to which this Section applies, the | ||||||
23 | actual amount paid for health care services or to be paid under | ||||||
24 | any health care services insurance or benefit program shall be | ||||||
25 | used to determine the amount of the services and not the billed | ||||||
26 | charges. Nothing is this Code shall be construed to prevent, |
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1 | and the court shall allow, the introduction of evidence of the | ||||||
2 | amount paid by an affidavit or testimony of actual payment | ||||||
3 | received. | ||||||
4 | (Source: P.A. 84-1431.)
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5 | (735 ILCS 5/2-1303) (from Ch. 110, par. 2-1303)
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6 | Sec. 2-1303. Interest on judgment. | ||||||
7 | (a) Judgments recovered in
any court shall draw interest , | ||||||
8 | at the rate that is equal to the rate at issuance on the | ||||||
9 | 10-year United States Treasury Note most recently issued prior | ||||||
10 | to of 9% per annum from the date
of the judgment , until | ||||||
11 | satisfied , provided that: | ||||||
12 | (1) if the rate on the 10-year United States Treasury | ||||||
13 | Note is less than 3%, then the judgment shall draw interest | ||||||
14 | at the rate of 3% per annum; | ||||||
15 | (2) if the rate on the 10-year United States Treasury | ||||||
16 | Note is more than 6%, then the judgment shall draw interest | ||||||
17 | at the rate of 6% per annum; and | ||||||
18 | (3) if or 6% per annum when the judgment debtor is a | ||||||
19 | unit
of local government, as defined in Section 1 of | ||||||
20 | Article VII of the Constitution,
a school district, a | ||||||
21 | community college district, or any other governmental
| ||||||
22 | entity , then the judgment shall draw interest at the rate | ||||||
23 | of 1% per annum . | ||||||
24 | Except as provided in subsection (b) of this Section, when | ||||||
25 | When judgment is entered upon any award, report or verdict, |
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1 | interest
shall be computed at the above rate, from the time | ||||||
2 | when made or rendered
to the time of entering judgment upon the | ||||||
3 | same, and included in the judgment.
Interest shall be computed | ||||||
4 | and charged only on the unsatisfied portion of
the judgment as | ||||||
5 | it exists from time to time. The judgment debtor may by
tender | ||||||
6 | of payment of judgment, costs and interest
accrued to the date | ||||||
7 | of tender, stop the further accrual of interest on such
| ||||||
8 | judgment notwithstanding the prosecution of an appeal, or other | ||||||
9 | steps to
reverse, vacate or modify the judgment.
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10 | (b) In cases in which a federal Medicare right of recovery | ||||||
11 | may exist against the judgment, interest under this Section | ||||||
12 | shall be computed from the day after the federal Medicare | ||||||
13 | program provides confirmation of any lien against the judgment, | ||||||
14 | and no interest shall be paid on the Medicare right of recovery | ||||||
15 | amount. | ||||||
16 | (c) The changes to this Section made by this amendatory Act | ||||||
17 | of the 99th General Assembly apply to judgments entered after | ||||||
18 | its effective date. | ||||||
19 | (Source: P.A. 85-907.)
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20 | (735 ILCS 5/8-1901) (from Ch. 110, par. 8-1901)
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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 shall not be admissible | ||||||
14 | as evidence in any action of any kind in any court or before | ||||||
15 | any tribunal, board, agency, or person. The disclosure of any | ||||||
16 | such information, whether proper or improper, shall not waive | ||||||
17 | or have any effect upon its confidentiality or inadmissibility. | ||||||
18 | As used in this Section, a "health care provider" means any | ||||||
19 | hospital, nursing home or other facility, or employee or agent | ||||||
20 | thereof, physician, or other licensed health care | ||||||
21 | professional. Nothing in this Section precludes the discovery | ||||||
22 | or admissibility of any other facts regarding the patient's | ||||||
23 | treatment or outcome as otherwise permitted by law.
| ||||||
24 | (c) The changes to this Section made by this amendatory Act | ||||||
25 | of the 99th General Assembly apply to causes of action accruing | ||||||
26 | on or after its effective date. |
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1 | (Source: P.A. 97-1145, eff. 1-18-13.)
| ||||||
2 | (735 ILCS 5/Art. VII Pt. 29 heading new) | ||||||
3 | PART 29. FEDERAL PAYOR GUIDELINES | ||||||
4 | (735 ILCS 5/8-2901 new) | ||||||
5 | Sec. 8-2901. Federal payor guidelines. | ||||||
6 | (a) As used in this Section: | ||||||
7 | (1) "Criteria" means criteria relating to | ||||||
8 | administrative procedures and does not include criteria | ||||||
9 | relating to medical treatment, quality of care, or best | ||||||
10 | practices. | ||||||
11 | (2) "Guideline" means a guideline relating to | ||||||
12 | administrative procedures and does not include guidelines | ||||||
13 | relating to medical treatment, quality of care, or best | ||||||
14 | practices. | ||||||
15 | (3) "Payor" means any insurer, health maintenance | ||||||
16 | organization, self-insurance plan, or other person or | ||||||
17 | entity which provides, offers to provide, or administers | ||||||
18 | hospital, outpatient, medical, or other health care | ||||||
19 | benefits to persons treated by a health care provider in | ||||||
20 | this State pursuant to any policy, plan, or contract of | ||||||
21 | accident and health insurance. | ||||||
22 | (4) "Standard" means a standard relating to | ||||||
23 | administrative procedures and does not include standards | ||||||
24 | relating to medical treatment, quality of care, or best |
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1 | practices. | ||||||
2 | (b) The development, recognition, or implementation of any | ||||||
3 | guideline by any public or private payor or the establishment | ||||||
4 | of any payment standard or reimbursement criteria under any | ||||||
5 | federal laws or regulations related to health care shall not be | ||||||
6 | construed, without competent expert testimony establishing the | ||||||
7 | appropriate standard of care, to establish a legal basis for | ||||||
8 | negligence or the standard of care or duty of care owed by a | ||||||
9 | health care provider to a patient in any civil action for | ||||||
10 | medical malpractice or medical product liability. Compliance | ||||||
11 | with such a guideline, standard, or criteria shall not be used | ||||||
12 | to establish a health care provider's compliance with the | ||||||
13 | standard of care or duty of care owed by a health care provider | ||||||
14 | to a patient in any civil action for medical malpractice or | ||||||
15 | medical product liability without competent expert testimony | ||||||
16 | establishing the appropriate standard of care.
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
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