Bill Text: IL SB3439 | 2011-2012 | 97th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends 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. Also makes these substantive changes: Amends the Code of Civil Procedure to lower the rate of interest payable on judgments; 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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB3439 Detail]
Download: Illinois-2011-SB3439-Introduced.html
Bill Title: Amends 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. Also makes these substantive changes: Amends the Code of Civil Procedure to lower the rate of interest payable on judgments; 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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB3439 Detail]
Download: Illinois-2011-SB3439-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 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 2-622, 2-1704.5, 8-1901, | |||||||||||||||||||||||||||||
23 | and 8-2501 of the Code of Civil Procedure and (ii) Section 30 | |||||||||||||||||||||||||||||
24 | of the Good Samaritan Act. In those Sections, certain effective |
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1 | date references and applicability provisions have been changed | ||||||
2 | to reflect the reenactment. This Act does not reenact any other | ||||||
3 | provisions of Public Act 94-677. | ||||||
4 | (d) In this Act, the base text of the reenacted Sections is | ||||||
5 | set forth as it existed at the time of the Supreme Court's | ||||||
6 | decision, including any amendments that occurred after P.A. | ||||||
7 | 94-677. Striking and underscoring is used only to show the | ||||||
8 | changes being made to that base text. | ||||||
9 | (e) All otherwise lawful actions taken in reasonable | ||||||
10 | reliance on or pursuant
to the Sections reenacted by this Act, | ||||||
11 | as set forth in Public Act 94-677 or
subsequently amended, by | ||||||
12 | any officer, employee, agency, or unit of State or
local | ||||||
13 | government or by any other person or entity, are hereby | ||||||
14 | validated. | ||||||
15 | With respect to actions taken in relation to matters | ||||||
16 | arising under the
Sections reenacted by this Act, a person is | ||||||
17 | rebuttably presumed to have acted in
reasonable reliance on and | ||||||
18 | pursuant to the provisions of Public Act 94-677,
as those | ||||||
19 | provisions had been amended at the time the action was taken. | ||||||
20 | With respect to their administration of matters arising | ||||||
21 | under the
Sections reenacted by this Act, officers, employees, | ||||||
22 | agencies, and units of State and local government shall | ||||||
23 | continue to
apply the provisions of Public Act 94-677, as those | ||||||
24 | provisions had been
amended at the relevant time. | ||||||
25 | (f) This Act also contains material making new substantive | ||||||
26 | changes. It amends Sections 2-1303 and 8-2006 of the Code of |
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1 | Civil Procedure to lower the rate of interest payable on | ||||||
2 | judgments; to provide for annual indexing of those rates; and | ||||||
3 | to delay the accrual of interest in certain cases where a | ||||||
4 | federal Medicare lien may exist against the judgment.
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5 | Section 5. The Code of Civil Procedure is amended by | ||||||
6 | reenacting and changing Sections 2-622, 2-1704.5, 8-1901, and | ||||||
7 | 8-2501 and by changing Sections 2-1303 and 8-2006 as follows:
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8 | (735 ILCS 5/2-622) (from Ch. 110, par. 2-622)
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9 | Sec. 2-622. Healing art malpractice.
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10 | (a) In any action, whether in
tort, contract or otherwise, | ||||||
11 | in which the plaintiff seeks damages for
injuries or death by | ||||||
12 | reason of medical, hospital, or other healing art
malpractice, | ||||||
13 | the plaintiff's attorney or the plaintiff, if the plaintiff is
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14 | proceeding pro se, shall file an affidavit, attached to the | ||||||
15 | original and
all copies of the complaint, declaring one of the | ||||||
16 | following:
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17 | 1. That the affiant has consulted and reviewed the | ||||||
18 | facts of the case
with a health professional who the | ||||||
19 | affiant reasonably believes: (i) is
knowledgeable in the | ||||||
20 | relevant issues involved in the particular action;
(ii) | ||||||
21 | practices or has practiced within the last 5 years or | ||||||
22 | teaches or
has taught within the last 5 years in the same | ||||||
23 | area of health care or
medicine that is at issue in the | ||||||
24 | particular action; and (iii) meets the expert witness |
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1 | standards set forth in paragraphs (a) through (d) of | ||||||
2 | Section 8-2501; that
the reviewing health professional has | ||||||
3 | determined in a
written report, after a review of the | ||||||
4 | medical record and other relevant
material involved in the | ||||||
5 | particular action that there is a reasonable and
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6 | meritorious cause for the filing of such action; and that | ||||||
7 | the affiant has
concluded on the basis of the reviewing | ||||||
8 | health professional's review and
consultation that there | ||||||
9 | is a reasonable and meritorious cause for filing of
such | ||||||
10 | action. A single written report must be filed to cover each | ||||||
11 | defendant in the action. As to defendants who are | ||||||
12 | individuals, the written report must be from a health | ||||||
13 | professional
licensed in the same profession, with the same | ||||||
14 | class of license, as the
defendant. For written reports | ||||||
15 | filed as to all other defendants, who are not individuals, | ||||||
16 | the written
report must be from a physician licensed to | ||||||
17 | practice medicine in all its
branches who is qualified by | ||||||
18 | experience with the standard of care, methods, procedures | ||||||
19 | and treatments relevant to the allegations at issue in the | ||||||
20 | case. In either event, the written report must identify the | ||||||
21 | profession of
the reviewing health professional. A copy of | ||||||
22 | the written report, clearly
identifying the plaintiff and | ||||||
23 | the reasons for the reviewing health
professional's | ||||||
24 | determination that a reasonable and meritorious cause for
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25 | the filing of the action exists, including the reviewing | ||||||
26 | health care professional's name, address, current license |
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1 | number, and state of licensure, must be attached to the | ||||||
2 | affidavit.
Information regarding the preparation of a | ||||||
3 | written report by the reviewing health professional shall | ||||||
4 | not be used to discriminate against that professional in | ||||||
5 | the issuance of medical liability insurance or in the | ||||||
6 | setting of that professional's medical liability insurance | ||||||
7 | premium. No professional organization may discriminate | ||||||
8 | against a reviewing health professional on the basis that | ||||||
9 | the reviewing health professional has prepared a written | ||||||
10 | report.
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11 | 2.
That the affiant was unable to obtain a consultation | ||||||
12 | required by
paragraph 1 because a statute of limitations | ||||||
13 | would impair the action and
the consultation required could | ||||||
14 | not be obtained before the expiration of
the statute of | ||||||
15 | limitations. If an affidavit is executed pursuant to this
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16 | paragraph, the affidavit and written report required by | ||||||
17 | paragraph 1 shall
be filed within 90 days after the filing | ||||||
18 | of the complaint. No additional 90-day extensions pursuant | ||||||
19 | to this paragraph shall be granted, except where there has | ||||||
20 | been a withdrawal of the plaintiff's counsel. The defendant
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21 | shall be excused from answering or otherwise pleading until | ||||||
22 | 30 days after
being served with an affidavit and a report
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23 | required by paragraph 1.
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24 | 3.
That a request has been made by the plaintiff or his | ||||||
25 | attorney for
examination and copying of records pursuant to | ||||||
26 | Part 20 of Article VIII of
this Code and the party required |
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1 | to comply under those Sections has failed
to produce such | ||||||
2 | records within 60 days of the receipt of the request. If an
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3 | affidavit is executed pursuant to this paragraph, the | ||||||
4 | affidavit and
written report required by paragraph 1 shall | ||||||
5 | be filed within 90 days
following receipt of the requested | ||||||
6 | records. All defendants except those
whose failure to | ||||||
7 | comply with Part 20 of Article VIII of this Code is the
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8 | basis for an affidavit under this paragraph shall be | ||||||
9 | excused from answering
or otherwise pleading until 30 days | ||||||
10 | after being served with the affidavit and report
required | ||||||
11 | by paragraph 1.
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12 | (b)
Where an affidavit and written report are required | ||||||
13 | pursuant to this
Section a separate affidavit and written | ||||||
14 | report shall be filed as to each
defendant who has been named | ||||||
15 | in the complaint and shall be filed as to each
defendant named | ||||||
16 | at a later time.
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17 | (c)
Where the plaintiff intends to rely on the doctrine of | ||||||
18 | "res ipsa
loquitur", as defined by Section 2-1113 of this Code, | ||||||
19 | the affidavit and
written report must state that, in the | ||||||
20 | opinion of the reviewing health
professional, negligence has | ||||||
21 | occurred in the course of medical treatment.
The affiant shall | ||||||
22 | certify upon filing of the complaint that he is relying
on the | ||||||
23 | doctrine of "res ipsa loquitur".
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24 | (d)
When the attorney intends to rely on the doctrine of | ||||||
25 | failure to
inform of the consequences of the procedure, the | ||||||
26 | attorney shall certify
upon the filing of the complaint that |
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1 | the reviewing health professional
has, after reviewing the | ||||||
2 | medical record and other relevant materials involved
in the | ||||||
3 | particular action, concluded that a reasonable health | ||||||
4 | professional
would have informed the patient of the | ||||||
5 | consequences of the procedure.
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6 | (e)
Allegations and denials in the affidavit, made without | ||||||
7 | reasonable
cause and found to be untrue, shall subject the | ||||||
8 | party pleading them or his
attorney, or both, to the payment of | ||||||
9 | reasonable expenses, actually incurred
by the other party by | ||||||
10 | reason of the untrue pleading, together with
reasonable | ||||||
11 | attorneys' fees to be summarily taxed by the court upon motion
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12 | made within 30 days of the judgment or dismissal. In no event | ||||||
13 | shall the
award for attorneys' fees and expenses exceed those | ||||||
14 | actually paid by the
moving party, including the insurer, if | ||||||
15 | any. In proceedings under this
paragraph (e), the moving party | ||||||
16 | shall have the right to depose and examine
any and all | ||||||
17 | reviewing health professionals who prepared reports used in
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18 | conjunction with an affidavit required by this Section. | ||||||
19 | (f)
A reviewing health professional who in good faith | ||||||
20 | prepares a report
used in conjunction with an affidavit | ||||||
21 | required by this Section shall have
civil immunity from | ||||||
22 | liability which otherwise might result from the
preparation of | ||||||
23 | such report.
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24 | (g)
The failure of the plaintiff to file an affidavit and | ||||||
25 | report in compliance with
this Section shall be
grounds for | ||||||
26 | dismissal
under Section 2-619.
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1 | (h) This Section does not apply to or affect any actions | ||||||
2 | pending
at the time of its effective date, but applies to cases | ||||||
3 | filed on or
after its effective date.
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4 | (i) This amendatory Act of 1997 does not apply to or affect | ||||||
5 | any actions
pending at the time of its effective date, but | ||||||
6 | applies to cases filed on or
after its effective date.
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7 | (j) The changes to this Section made by Public Act 94-677 | ||||||
8 | and reenacted by this amendatory Act of the 97th 94th General | ||||||
9 | Assembly apply to causes of action
accruing on or after August | ||||||
10 | 25, 2005, as those changes may be amended from time to time its | ||||||
11 | effective date .
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12 | (Source: P.A. 94-677, eff. 8-25-05 .)
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13 | (735 ILCS 5/2-1303) (from Ch. 110, par. 2-1303)
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14 | Sec. 2-1303. Interest on judgment. | ||||||
15 | (a) Judgments recovered in
any court shall draw interest at | ||||||
16 | the rate that is equal to the rate at issuance on the 10-year | ||||||
17 | United States Treasury Notes most recently issued prior to of | ||||||
18 | 9% per annum from the date
of the judgment until satisfied or | ||||||
19 | 1% 6% per annum when the judgment debtor is a unit
of local | ||||||
20 | government, as defined in Section 1 of Article VII of the | ||||||
21 | Constitution,
a school district, a community college district, | ||||||
22 | or any other governmental
entity. When judgment is entered upon | ||||||
23 | any award, report or verdict, interest
shall be computed at the | ||||||
24 | above rate, from the time when made or rendered
to the time of | ||||||
25 | entering judgment upon the same, and included in the judgment , |
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1 | except as provided in subsection (b) of this Section .
Interest | ||||||
2 | shall be computed and charged only on the unsatisfied portion | ||||||
3 | of
the judgment as it exists from time to time. The judgment | ||||||
4 | debtor may by
tender of payment of judgment, costs and interest
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5 | accrued to the date of tender, stop the further accrual of | ||||||
6 | interest on such
judgment notwithstanding the prosecution of an | ||||||
7 | appeal, or other steps to
reverse, vacate or modify the | ||||||
8 | judgment.
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9 | (b) In cases where a federal Medicare lien may exist | ||||||
10 | against the judgment, this statutory interest shall be computed | ||||||
11 | from the day after the federal Medicare program provides | ||||||
12 | confirmation of any lien against the judgment. | ||||||
13 | (Source: P.A. 85-907.)
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14 | (735 ILCS 5/2-1704.5)
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15 | Sec. 2-1704.5. Guaranteed payment of future medical | ||||||
16 | expenses and costs of life care. | ||||||
17 | (a) At any time, but no later than 5 days after a verdict | ||||||
18 | in the plaintiff's favor for a plaintiff's future medical | ||||||
19 | expenses and costs of life care is reached, either party in a | ||||||
20 | medical malpractice action may elect, or the court may enter an | ||||||
21 | order, to have the payment of the plaintiff's future medical | ||||||
22 | expenses and costs of life care made under this Section. | ||||||
23 | (b) In all cases in which a defendant in a medical | ||||||
24 | malpractice action is found liable for the plaintiff's future | ||||||
25 | medical expenses and costs of care, the trier of fact shall |
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1 | make the following findings based on evidence presented at | ||||||
2 | trial: | ||||||
3 | (1) the present cash value of the plaintiff's future | ||||||
4 | medical expenses and costs of life care; | ||||||
5 | (2) the current year annual cost of the plaintiff's | ||||||
6 | future medical expenses and costs of life care; and | ||||||
7 | (3) the annual composite rate of inflation that should | ||||||
8 | be applied to the costs specified in item (2). | ||||||
9 | Based upon evidence presented at trial, the trier of fact | ||||||
10 | may also vary the amount of future costs under this Section | ||||||
11 | from year to year to account for different annual expenditures, | ||||||
12 | including the immediate medical and life care needs of the | ||||||
13 | plaintiff. The jury shall not be informed of an election to pay | ||||||
14 | for future medical expenses and costs of life care by | ||||||
15 | purchasing an annuity.
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16 | (c) When an election is made to pay for future medical | ||||||
17 | expenses and costs of life care by purchasing an annuity, the | ||||||
18 | court shall enter a judgment ordering that the defendant pay | ||||||
19 | the plaintiff an amount equal to 20% of the present cash value | ||||||
20 | of future medical expenses and cost of life care determined | ||||||
21 | under subsection (b)(1) of this Section and ordering that the | ||||||
22 | remaining future expenses and costs be paid by the purchase of | ||||||
23 | an annuity by or on behalf of the defendant from a company that | ||||||
24 | has itself, or is irrevocably supported financially by a | ||||||
25 | company that has, at least 2 of the following 4 ratings: "A+ X" | ||||||
26 | or higher from A.M. Best Company; "AA-" or higher from Standard & |
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1 | Poor's; "Aa3" or higher from Moody's; and "AA-" or higher | ||||||
2 | from Fitch. The annuity must guarantee that the plaintiff will | ||||||
3 | receive annual payments equal to 80% of the amount determined | ||||||
4 | in subsection (b)(2) inflated by the rate determined in | ||||||
5 | subsection (b)(3) for the life of the plaintiff. | ||||||
6 | (d) If the company providing the annuity becomes unable to | ||||||
7 | pay amounts required by the annuity, the defendant shall secure | ||||||
8 | a replacement annuity for the remainder of the plaintiff's life | ||||||
9 | from a company that satisfies the requirements of subsection | ||||||
10 | (c). | ||||||
11 | (e) A plaintiff receiving future payments by means of an | ||||||
12 | annuity under this Section may seek leave of court to assign or | ||||||
13 | otherwise transfer the right to receive such payments in | ||||||
14 | exchange for a negotiated lump sum value of the remaining | ||||||
15 | future payments or any portion of the remaining future payments | ||||||
16 | under the annuity to address an unanticipated financial | ||||||
17 | hardship under such terms as approved by the court. | ||||||
18 | (f) This Section applies to all causes of action accruing | ||||||
19 | on or after August 25, 2005 the effective date of this | ||||||
20 | amendatory Act of the 94th General Assembly .
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21 | (Source: P.A. 94-677, eff. 8-25-05 .)
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22 | (735 ILCS 5/8-1901) (from Ch. 110, par. 8-1901)
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23 | Sec. 8-1901. Admission of liability - Effect. | ||||||
24 | (a) The providing of, or payment
for, medical, surgical,
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25 | hospital, or rehabilitation services, facilities, or equipment |
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1 | by or on
behalf of any person, or the offer to provide, or pay | ||||||
2 | for, any one or
more of the foregoing, shall not be construed | ||||||
3 | as an admission of any
liability by such person or persons. | ||||||
4 | Testimony, writings, records,
reports or information with | ||||||
5 | respect to the foregoing shall not be
admissible in evidence as | ||||||
6 | an admission of any liability in any action of
any kind in any | ||||||
7 | court or before any commission, administrative agency,
or other | ||||||
8 | tribunal in this State, except at the instance of the person or
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9 | persons so making any such provision, payment or offer.
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10 | (b) Any expression of grief, apology, or explanation | ||||||
11 | provided by a health care provider, including, but not limited | ||||||
12 | to, a statement that the health care provider is "sorry" for | ||||||
13 | the outcome to a patient, the patient's family, or the | ||||||
14 | patient's legal representative about an inadequate or | ||||||
15 | unanticipated treatment or care outcome that is provided within | ||||||
16 | 72 hours of when the provider knew or should have known of the | ||||||
17 | potential cause of such outcome shall not be admissible as | ||||||
18 | evidence in any action of any kind in any court or before any | ||||||
19 | tribunal, board, agency, or person. The disclosure of any such | ||||||
20 | information, whether proper, or improper, shall not waive or | ||||||
21 | have any effect upon its confidentiality or inadmissibility. As | ||||||
22 | used in this Section, a "health care provider" is any hospital, | ||||||
23 | nursing home or other facility, or employee or agent thereof, a | ||||||
24 | physician, or other licensed health care professional. Nothing | ||||||
25 | in this Section precludes the discovery or admissibility of any | ||||||
26 | other facts regarding the patient's treatment or outcome as |
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1 | otherwise permitted by law.
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2 | (c) The changes to this Section made by Public Act 94-677 | ||||||
3 | and reenacted by this amendatory Act of the 97th 94th General | ||||||
4 | Assembly apply to causes of action accruing on or after August | ||||||
5 | 25, 2005, as those changes may be amended from time to time its | ||||||
6 | effective date . | ||||||
7 | (Source: P.A. 94-677, eff. 8-25-05 .)
| ||||||
8 | (735 ILCS 5/8-2501) (from Ch. 110, par. 8-2501)
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9 | Sec. 8-2501. Expert Witness Standards. In any case in which | ||||||
10 | the standard of
care applicable to a medical professional is at | ||||||
11 | issue, the court shall apply the
following standards to | ||||||
12 | determine if a witness qualifies as an expert witness
and can | ||||||
13 | testify on the issue of the appropriate standard of care.
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14 | (a) Whether the witness is board certified or board | ||||||
15 | eligible, or has completed a residency, in the same or | ||||||
16 | substantially similar medical specialties as the defendant and | ||||||
17 | is otherwise qualified by significant experience with the | ||||||
18 | standard of care, methods, procedures, and treatments relevant | ||||||
19 | to the allegations against the defendant;
| ||||||
20 | (b) Whether the witness has devoted
a majority of his or | ||||||
21 | her
work time to the practice of medicine, teaching or | ||||||
22 | University based research
in relation to the medical care and | ||||||
23 | type of treatment at issue which gave
rise to the medical | ||||||
24 | problem of which the plaintiff complains;
| ||||||
25 | (c)
whether the witness is licensed
in the same profession |
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1 | with the same class of license as the defendant if the | ||||||
2 | defendant is an individual; and
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3 | (d) whether, in the case against a nonspecialist, the | ||||||
4 | witness can
demonstrate a sufficient familiarity with the | ||||||
5 | standard of care practiced in
this State.
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6 | An expert shall provide evidence of active practice, | ||||||
7 | teaching, or engaging in university-based research. If | ||||||
8 | retired, an expert must provide evidence of attendance and | ||||||
9 | completion of continuing education courses for 3 years previous | ||||||
10 | to giving testimony. An expert who has not actively practiced, | ||||||
11 | taught, or been engaged in university-based research, or any | ||||||
12 | combination thereof, during the preceding 5 years may not be | ||||||
13 | qualified as an expert witness.
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14 | The changes to this Section made by Public Act 94-677 and | ||||||
15 | reenacted by this amendatory Act of the 97th 94th General | ||||||
16 | Assembly apply to causes of action accruing on or after August | ||||||
17 | 25, 2005, as those changes may be amended from time to time its | ||||||
18 | effective date .
| ||||||
19 | (Source: P.A. 94-677, eff. 8-25-05 .)
| ||||||
20 | Section 10. The Good Samaritan Act is amended by reenacting | ||||||
21 | and changing Section 30 as follows:
| ||||||
22 | (745 ILCS 49/30)
| ||||||
23 | Sec. 30. Free medical clinic; exemption from civil | ||||||
24 | liability for services
performed without compensation. |
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1 | (a) A person licensed under the Medical Practice Act of | ||||||
2 | 1987, a person
licensed to practice the treatment of human | ||||||
3 | ailments in any
other state or territory of the United States, | ||||||
4 | or a health care professional,
including but not limited to an | ||||||
5 | advanced practice nurse, retired physician, physician
| ||||||
6 | assistant, nurse, pharmacist, physical therapist, podiatrist, | ||||||
7 | or social worker
licensed in this State or any other state or | ||||||
8 | territory of the United States,
who, in good faith, provides | ||||||
9 | medical treatment,
diagnosis, or advice as a part of the | ||||||
10 | services of an
established free medical clinic providing care, | ||||||
11 | including but not limited to home visits, without charge to | ||||||
12 | patients
which is limited to care that does not require the | ||||||
13 | services of a
licensed hospital or ambulatory surgical | ||||||
14 | treatment center and who receives
no fee or compensation from | ||||||
15 | that source shall not be liable for civil
damages as a result | ||||||
16 | of his or her acts or omissions in
providing that medical | ||||||
17 | treatment, except for willful or wanton misconduct.
| ||||||
18 | (b) For purposes of this Section, a "free medical clinic" | ||||||
19 | is an
organized community based program providing medical care | ||||||
20 | without
charge to individuals, at which the
care provided does | ||||||
21 | not include an overnight stay in a health-care facility.
| ||||||
22 | (c) The provisions of subsection (a) of this Section do not | ||||||
23 | apply to a
particular case unless the free medical
clinic has | ||||||
24 | posted in a conspicuous place on its premises an explanation of | ||||||
25 | the
exemption from civil liability provided herein.
| ||||||
26 | (d) The immunity from civil damages provided under |
| |||||||
| |||||||
1 | subsection (a) also
applies to physicians, retired physicians,
| ||||||
2 | hospitals, and other health care providers that provide
further | ||||||
3 | medical treatment, diagnosis, or advice, including but not | ||||||
4 | limited to hospitalization, office visits, and home visits, to | ||||||
5 | a patient upon referral from
an established free medical clinic | ||||||
6 | without fee or compensation.
| ||||||
7 | (d-5) A free medical clinic may receive reimbursement from | ||||||
8 | the Illinois
Department of Public Aid, provided any | ||||||
9 | reimbursements shall be used only to pay
overhead expenses of | ||||||
10 | operating the free medical clinic and may not be used, in
whole | ||||||
11 | or in
part, to provide a fee or other compensation to any | ||||||
12 | person licensed under the
Medical
Practice Act of 1987 or any | ||||||
13 | other health care professional
who is receiving an exemption | ||||||
14 | under this Section. Any health care professional receiving an | ||||||
15 | exemption under this Section may not receive any fee or other | ||||||
16 | compensation in connection with any services provided to, or | ||||||
17 | any ownership interest in, the clinic. Medical care shall
not | ||||||
18 | include
an overnight stay in a health care
facility. | ||||||
19 | (e) Nothing in this Section prohibits a free medical clinic | ||||||
20 | from accepting
voluntary contributions for medical services | ||||||
21 | provided to a patient who has
acknowledged his or her ability | ||||||
22 | and willingness to pay a portion of the value
of the medical | ||||||
23 | services provided.
| ||||||
24 | (f) Any voluntary contribution collected for providing | ||||||
25 | care at a free medical
clinic shall be used only to pay | ||||||
26 | overhead expenses of operating the clinic. No
portion of any |
| |||||||
| |||||||
1 | moneys collected shall be used to provide a fee or other
| ||||||
2 | compensation to any person licensed under Medical Practice Act | ||||||
3 | of 1987.
| ||||||
4 | (g) The changes to this Section made by Public Act 94-677 | ||||||
5 | and reenacted by this amendatory Act of the 97th 94th General | ||||||
6 | Assembly apply to causes of action
accruing on or after August | ||||||
7 | 25, 2005, as those changes may be amended from time to time its | ||||||
8 | effective date .
| ||||||
9 | (Source: P.A. 94-677, eff. 8-25-05 .)
| ||||||
10 | Section 97. Inseverability. The provisions of this Act are
| ||||||
11 | mutually dependent and inseverable. If any provision is held
| ||||||
12 | invalid, then this entire Act, including all new and amendatory
| ||||||
13 | provisions, is invalid.
| ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
|