MEDICAL MALPRACTICE
Summary
Makes legislative findings. Amends the Open Meetings Act, Counties Code, and the Illinois Insurance Code. Provides for creation of risk retention trusts for the pooling of risks to provide professional liability coverage for its physicians and health care professionals providing medical care and related health care. Authorizes a county board to incur indebtedness to ensure the availability of and improve hospital, medical, and health services. Amends the Regulatory Sunset Act to extend the repeal of the Medical Practice Act of 1987 to 2016. Amends the Illinois Insurance Code. Makes numerous changes concerning medical liability insurance rates and regulation. Requires the Secretary of Financial and Professional Regulation to establish a Professional Liability Insurance Resource Center on the World Wide Web, and amends the Clerks of Courts Act to require court clerks to provide certain relevant information. Amends the Medical Practice Act of 1987. Makes changes concerning medical coordinators, investigators, discipline, disciplinary proceedings, records, disclosure of information, incidents to which the Act applies, immunity, and other matters. Amends the Health Care Arbitration Act by making changes concerning distribution, validity, and cancellation of a health care arbitration agreement and making various other changes. Amends the Code of Civil Procedure by: making changes concerning extension of the period for naming a respondent in discovery as a defendant, jury instructions in healing art malpractice actions, and the affidavit and report based on the determination of a reviewing health professional; limiting recoveries from hospitals, physicians, and others for non-economic damages in medical malpractice actions; limiting liability of a hospital for the medical care provided by a non-employee member of the hospital's medical staff; changing provisions concerning contingent fees in medical malpractice actions and standards for damages; providing that a statement that a health care provider is "sorry" for an outcome is not admissible as evidence under specified circumstances; changing and adding provisions concerning expert witness standards and guaranteed payment of future medical expenses; and making other changes. Repeals numerous provisions of the Code of Civil Procedure concerning medical malpractice actions. Amends the Illinois Good Samaritan Act. Expands the immunity for civil damages provided for services performed (i) without compensation at, or upon referral from, free medical clinics and (ii) by retired physicians pursuant to an emergency department on call list. Makes other changes. Creates the Sorry Works! Pilot Program Act under which participating hospitals and physicians shall promptly acknowledge and apologize for mistakes in patient care and promptly offer fair settlements. Creates a committee to develop, oversee, and implement the program and specifies the committee's membership. Creates the Sorry Works! Fund as a special fund in the State treasury and amends the State Finance Act to include the Sorry Works! Fund as a special fund. Contains provisions concerning applicability and construction. Effective immediately.
Bill status
failed
2 of 4 stages cleared
Introduction
May 2005
Committee Review
May 2005
House Failed
May 2005
Governor
Introduced May 11, 2005
Last action Jan 9, 2007
Floor votes · House May 11, 2005
How they voted
51–61
Failed · 3 other
Total votes 115
May 11, 2005
D
Democratic63
96% Nay
R
Republican52
96% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
88
Key actions
8
Committee
17
Amendments
15
May 31, 2005
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
May 30, 2005
Committee
House Floor Amendment No. 6 Referred to Rules Committee
lower
May 30, 2005
Introduced
House Floor Amendment No. 6 Filed with Clerk by Rep. John A. Fritchey
lower
May 17, 2005
Introduced
House Floor Amendment No. 2 Motion Filed to Reconsider Vote Rep. William Delgado
lower
May 16, 2005
Lower · Passed
House Floor Amendment No. 5 Recommends Be Adopted Rules Committee; 003-001-000
lower
May 16, 2005
Lower · Passed
House Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 003-001-000
lower
May 16, 2005
Committee
House Floor Amendment No. 5 Referred to Rules Committee
lower
May 16, 2005
Introduced
House Floor Amendment No. 5 Filed with Clerk by Rep. John A. Fritchey
lower
May 16, 2005
Committee
House Floor Amendment No. 4 Referred to Rules Committee
lower
May 16, 2005
Introduced
House Floor Amendment No. 4 Filed with Clerk by Rep. Robert S. Molaro
lower
May 12, 2005
Introduced
House Floor Amendment No. 2 Motion Filed to Reconsider Vote Rep. Edward J. Acevedo
lower
May 12, 2005
Introduced
House Floor Amendment No. 3 Lost 048-065-000
lower
May 12, 2005
Introduced
House Floor Amendment No. 2 Lost 050-063-000
lower
May 11, 2005
Lower · Passed
House Floor Amendment No. 2 Motion Filed Rep. William B. Black; Commit to Judiciary I-Civil Law Committee
lower
May 11, 2005
Introduced
House Floor Amendment No. 1 Lost 022-093-000
lower
May 11, 2005
Introduced
House Floor Amendment No. 1 Motion Lost 053-061-000
lower
May 11, 2005
Lower · Passed
House Floor Amendment No. 1 Motion Filed Rep. William B. Black; Commit to Judiciary I-Civil Law Committee
lower
May 11, 2005
Introduced
Judicial Note Requested by Rep. Lou Lang; As Amended
lower
May 11, 2005
Introduced
Correctional Note Requested by Rep. Lou Lang; As Amended
lower
May 11, 2005
Introduced
Balanced Budget Note Requested by Rep. Lou Lang; As Amended
lower
May 11, 2005
Lower · Passed
House Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 003-002-000
lower
May 11, 2005
Lower · Passed
House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-002-000
lower
May 11, 2005
Lower · Passed
House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-002-000
lower
May 11, 2005
Committee
House Floor Amendment No. 3 Referred to Rules Committee
lower
May 11, 2005
Introduced
House Floor Amendment No. 3 Filed with Clerk by Rep. Julie Hamos
lower
May 11, 2005
Committee
House Floor Amendment No. 2 Referred to Rules Committee
lower
May 11, 2005
Introduced
House Floor Amendment No. 2 Filed with Clerk by Rep. John A. Fritchey
lower
May 11, 2005
Committee
House Floor Amendment No. 1 Referred to Rules Committee
lower
May 11, 2005
Introduced
House Floor Amendment No. 1 Filed with Clerk by Rep. Lou Lang
lower
May 11, 2005
Lower · Passed
Do Pass / Short Debate Judiciary I - Civil Law Committee; 012-002-000
lower
May 11, 2005
Vote failed
House Vote: fail (51-61-3)
house
May 5, 2005
Committee
Assigned to Judiciary I - Civil Law Committee
lower
May 5, 2005
Committee
Referred to Rules Committee
lower
0 primary · 1 co-sponsor
Sponsors
No sponsor information available.
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