Illinois 94th Regular Session Status: In Committee

HB 705 — MEDICAL MALPRACTICE

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 94th Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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 Text

Action History

  1. Session Sine Die

  2. 3/5 Vote Required

  3. Motion to Overrule the Chair - Lost/Chair Sustained 064-051-000

  4. Rep. William Black moved to Overrule the Chair

  5. Motion Lost

  6. Rep. Barbara Flynn Currie Objects to the Motion

  7. Motion Filed to Discharge Committee Rep. William B. Black

  8. Rule 19(a) / Re-referred to Rules Committee

  9. Assigned to Executive Committee

  10. Referred to Rules Committee

  11. First Reading

  12. Co-Sponsor Rep. Dave Winters

  13. Co-Sponsor Rep. Jim Watson

  14. Co-Sponsor Rep. Ronald A. Wait

  15. Co-Sponsor Rep. Michael Tryon

  16. Co-Sponsor Rep. Art Tenhouse

  17. Co-Sponsor Rep. Ed Sullivan, Jr.

  18. Co-Sponsor Rep. Ron Stephens

  19. Co-Sponsor Rep. Keith P. Sommer

  20. Co-Sponsor Rep. Aaron Schock

  21. Co-Sponsor Rep. Timothy L. Schmitz

  22. Co-Sponsor Rep. Angelo Saviano

  23. Co-Sponsor Rep. Jim Sacia

  24. Co-Sponsor Rep. Chapin Rose

  25. Co-Sponsor Rep. David Reis

  26. Co-Sponsor Rep. Robert W. Pritchard

  27. Co-Sponsor Rep. Raymond Poe

  28. Co-Sponsor Rep. Sandra M. Pihos

  29. Co-Sponsor Rep. Brandon W. Phelps

  30. Co-Sponsor Rep. Terry R. Parke

  31. Co-Sponsor Rep. JoAnn D. Osmond

  32. Co-Sponsor Rep. Richard P. Myers

  33. Co-Sponsor Rep. Ruth Munson

  34. Co-Sponsor Rep. Rosemary Mulligan

  35. Co-Sponsor Rep. Donald L. Moffitt

  36. Co-Sponsor Rep. Jerry L. Mitchell

  37. Co-Sponsor Rep. Bill Mitchell

  38. Co-Sponsor Rep. John J. Millner

  39. Co-Sponsor Rep. James H. Meyer

  40. Co-Sponsor Rep. Michael P. McAuliffe

  41. Co-Sponsor Rep. Sidney H. Mathias

  42. Co-Sponsor Rep. Eileen Lyons

  43. Co-Sponsor Rep. David R. Leitch

  44. Co-Sponsor Rep. Carolyn H. Krause

  45. Co-Sponsor Rep. Renee Kosel

  46. Co-Sponsor Rep. Roger Jenisch

  47. Co-Sponsor Rep. Randall M. Hultgren

  48. Co-Sponsor Rep. Brent Hassert

  49. Co-Sponsor Rep. Kurt M. Granberg

  50. Co-Sponsor Rep. Paul D. Froehlich

  51. Co-Sponsor Rep. Roger L. Eddy

  52. Co-Sponsor Rep. Joe Dunn

  53. Co-Sponsor Rep. Lee A. Daniels

  54. Co-Sponsor Rep. Shane Cultra

  55. Co-Sponsor Rep. Robert W. Churchill

  56. Co-Sponsor Rep. Rich Brauer

  57. Co-Sponsor Rep. Mike Bost

  58. Co-Sponsor Rep. William B. Black

  59. Co-Sponsor Rep. Bob Biggins

  60. Co-Sponsor Rep. Patricia R. Bellock

  61. Co-Sponsor Rep. Mark H. Beaubien, Jr.

  62. Co-Sponsor Rep. Suzanne Bassi

  63. Chief Co-Sponsor Rep. Elizabeth Coulson

  64. Chief Co-Sponsor Rep. Thomas Holbrook

  65. Chief Co-Sponsor Rep. Daniel V. Beiser

  66. Chief Co-Sponsor Rep. Dan Reitz

  67. Filed with the Clerk by Rep. Tom Cross

Sponsors

  • Tom Cross · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on · 2 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Tom Cross

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Motion

Failed 64 Yea · 51 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 544903
Democrat 9000
Republican 1200
Total 645103
% of votes cast 54%43%0%3%
How each member voted (118)
Member Party Vote
Sacia — Nay
Saviano — Nay
Schmitz — Nay
Schock — Nay
Lindner — Nay
Acevedo — Yea
Bassi — Nay
Beaubien — Nay
Beiser — Yea
Bellock — Nay
Berrios — Yea
Biggins — Nay
Mautino — Yea
Black — Nay
Boland — Yea
May — Yea
Bost — Nay
Brauer — Nay
Brosnahan — Yea
Fritchey — Yea
Munson — Nay
Graham — Yea
Hamos — Yea
Jakobsson — Yea
Jefferson — Yea
Dunn — Nay
Lang — Yea
Leitch — Nay
Bailey — Yea
Madigan — Yea
Reitz — Yea
Lyons, Joseph — Yea
McCarthy — Yea
Mendoza — Yea
Molaro — Yea
Nekritz — Yea
Phelps — Yea
Pihos — Nay
Scully — Yea
McGuire — Yea
Soto — Yea
Bradley, John — Yea
Turner — Yea
Bradley, Richard — Yea
Verschoore — Yea
Washington — Yea
Yarbrough — Yea
Hannig — Yea
Burke — Yea
Younge — Yea
Howard — Yea
Krause — Nay
Mathias — Nay
McAuliffe — Nay
McKeon — Not Voting
Brady — Nay
Meyer — Nay
Mitchell, Bill — Nay
Sullivan — Nay
Mitchell, Jerry — Nay
Millner — Nay
Moffitt — Nay
Mulligan — Nay
Myers — Nay
Watson — Nay
Osmond — Nay
Sommer — Nay
Tenhouse — Nay
Tryon — Nay
Wait — Nay
Winters — Nay
Churchill — Nay
Coulson — Not Voting
Cross — Nay
Cultra — Nay
Daniels — Nay
Eddy — Nay
Froehlich — Nay
Hassert — Nay
Hultgren — Nay
Jenisch — Nay
Kosel — Nay
Jones — Yea
Davis, Monique — Yea
Lyons, Eileen — Nay
Chavez — Yea
Colvin — Yea
Currie — Yea
D'Amico — Yea
Dugan — Yea
Dunkin — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Giles — Yea
Gordon — Yea
Granberg — Yea
Holbrook — Yea
Osterman — Yea
Parke — Nay
Patterson — Yea
Poe — Not Voting
Pritchard — Nay
Reis — Nay
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Nay
Chapin Rose Republican Nay
Chris Miller Republican Yea

Official roll call →

Subjects

public-safety healthcare health-insurance
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Frequently asked questions

What does HB 705 do?
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.
Who sponsors HB 705?
HB 705 is sponsored by Tom Cross.
What is the current status of HB 705?
This bill died with 94th Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 705?
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Last checked for changes 3 months ago · updated continuously

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