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 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, and immunity. 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, the affidavit and report based on the determination of a reviewing health professional, and the amount of the recovery in healing art malpractice actions; limiting liability of a hospital for the medical care provided by a non-employee member of the hospital's medical staff; 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 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 3, 2005
Last action Jan 9, 2007
Floor votes · House May 4, 2005
How they voted
61–51
Failed · 3 other
Total votes 115
May 4, 2005
D
Democratic63
96% Yea
R
Republican52
96% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
68
Key actions
1
Committee
4
May 4, 2005
Vote failed
House Vote: fail (61-51-3)
house
May 3, 2005
Lower · Passed
Motion Filed to Discharge Committee Rep. William B. Black
lower
Mar 10, 2005
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Feb 8, 2005
Committee
Assigned to Executive Committee
lower
Feb 1, 2005
Committee
Referred to Rules Committee
lower
0 primary · 1 co-sponsor
Sponsors
No sponsor information available.
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