Bill Text: IL SB1663 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends 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.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB1663 Detail]

Download: Illinois-2013-SB1663-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB1663 Introduced 2/13/2013, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED:
745 ILCS 49/30
Amends 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.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Findings; purpose; text and revisory changes;
validation; additional material.
(a) The Illinois Supreme Court, in Lebron v. Gottlieb
Memorial Hospital, 237 Ill.2d 217 (2010), found that the
limitations on noneconomic damages in medical malpractice
actions that were created in Public Act 94-677, contained in
Section 2-1706.5 of the Code of Civil Procedure, violate the
separation of powers clause of the Illinois Constitution.
Because Public Act 94-677 contained an inseverability
provision, the court held the Act to be void in its entirety.
The court emphasized, however, that "because the other
provisions contained in Public Act 94-677 are deemed invalid
solely on inseverability grounds, the legislature remains free
to reenact any provisions it deems appropriate".
(b) It is the purpose of this Act to reenact certain
provisions of Public Act 94-677 that did not involve
limitations on noneconomic damages in medical malpractice
actions and to validate certain actions taken in reliance on
those provisions.
(c) This Act reenacts Section 30 of the Good Samaritan Act.
In this Section, certain effective date references and

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applicability provisions have been changed to reflect the
reenactment. This Act does not reenact any other provisions of
Public Act 94-677.
In this Act, the base text of the reenacted Section is set
forth as it existed at the time of the Supreme Court's
decision, including any amendments that occurred after P.A.
94-677. Striking and underscoring is used only to show the
changes being made to that base text.
(d) All otherwise lawful actions taken in reasonable
reliance on or pursuant to the Section reenacted by this Act,
as set forth in Public Act 94-677 or subsequently amended, by
any officer, employee, agency, or unit of State or local
government or by any other person or entity, are hereby
validated.
With respect to actions taken in relation to matters
arising under the Section reenacted by this Act, a person is
rebuttably presumed to have acted in reasonable reliance on and
pursuant to the provisions of Public Act 94-677, as those
provisions had been amended at the time the action was taken.
With respect to their administration of matters arising
under the Section reenacted by this Act, officers, employees,
agencies, and units of State and local government shall
continue to apply the provisions of Public Act 94-677, as those
provisions had been amended at the relevant time.
Section 5. The Good Samaritan Act is amended by reenacting

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and changing Section 30 as follows:
(745 ILCS 49/30)
Sec. 30. Free medical clinic; exemption from civil
liability for services performed without compensation.
(a) A person licensed under the Medical Practice Act of
1987, a person licensed to practice the treatment of human
ailments in any other state or territory of the United States,
or a health care professional, including but not limited to an
advanced practice nurse, retired physician, physician
assistant, nurse, pharmacist, physical therapist, podiatrist,
or social worker licensed in this State or any other state or
territory of the United States, who, in good faith, provides
medical treatment, diagnosis, or advice as a part of the
services of an established free medical clinic providing care,
including but not limited to home visits, without charge to
patients which is limited to care that does not require the
services of a licensed hospital or ambulatory surgical
treatment center and who receives no fee or compensation from
that source shall not be liable for civil damages as a result
of his or her acts or omissions in providing that medical
treatment, except for willful or wanton misconduct.
(b) For purposes of this Section, a "free medical clinic"
is an organized community based program providing medical care
without charge to individuals, at which the care provided does
not include an overnight stay in a health-care facility.

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(c) The provisions of subsection (a) of this Section do not
apply to a particular case unless the free medical clinic has
posted in a conspicuous place on its premises an explanation of
the exemption from civil liability provided herein.
(d) The immunity from civil damages provided under
subsection (a) also applies to physicians, retired physicians,
hospitals, and other health care providers that provide further
medical treatment, diagnosis, or advice, including but not
limited to hospitalization, office visits, and home visits, to
a patient upon referral from an established free medical clinic
without fee or compensation.
(d-5) A free medical clinic may receive reimbursement from
the Illinois Department of Public Aid, provided any
reimbursements shall be used only to pay overhead expenses of
operating the free medical clinic and may not be used, in whole
or in part, to provide a fee or other compensation to any
person licensed under the Medical Practice Act of 1987 or any
other health care professional who is receiving an exemption
under this Section. Any health care professional receiving an
exemption under this Section may not receive any fee or other
compensation in connection with any services provided to, or
any ownership interest in, the clinic. Medical care shall not
include an overnight stay in a health care facility.
(e) Nothing in this Section prohibits a free medical clinic
from accepting voluntary contributions for medical services
provided to a patient who has acknowledged his or her ability

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and willingness to pay a portion of the value of the medical
services provided.
(f) Any voluntary contribution collected for providing
care at a free medical clinic shall be used only to pay
overhead expenses of operating the clinic. No portion of any
moneys collected shall be used to provide a fee or other
compensation to any person licensed under Medical Practice Act
of 1987.
(g) The changes to this Section made by Public Act 94-677
and reenacted by this amendatory Act of the 98th 94th General
Assembly apply to causes of action accruing on or after August
25, 2005, as those changes may be amended from time to time its
effective date.
(Source: P.A. 94-677, eff. 8-25-05.)