745 ILCS 55/ Long-term Care Peer Review and Quality Assessment and Assurance Protection Act.

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745 ILCS 55/1

(745 ILCS 55/1) (from Ch. 111 1/2, par. 4141)

Sec. 1.

Short title.

This Act shall be known and may be cited as the
"Long-term Care Peer Review and Quality Assessment and Assurance
Protection Act".

(Source: P.A. 86-1198.)

745 ILCS 55/2

(745 ILCS 55/2) (from Ch. 111 1/2, par. 4142)

Sec. 2.

Definition.

As used in this Act, unless the context clearly
otherwise requires:

"Long-term care provider" means any nursing home, sheltered care home or
home for the aged, as such are defined in Section 1 of the "Nursing homes,
sheltered care homes, and homes for the aged Act", approved July 17, 1945,
as now or hereafter amended.

(Source: P.A. 80-1303.)

745 ILCS 55/3

(745 ILCS 55/3) (from Ch. 111 1/2, par. 4143)

Sec. 3.

Immunity.

Any person serving upon a peer review or quality
assessment and assurance committee or any person who furnishes records,
information or assistance to a peer review or a quality assessment and
assurance committee whose purpose, directly or indirectly, is to evaluate
the qualifications of long-term care providers or internal quality control,
and to evaluate patient care rendered by long-term care providers shall not
be liable for civil damages as a result of his or her acts, omissions,
decisions or any other conduct in connection with his or her duties on such
committee, except those involving willful or wanton misconduct.

(Source: P.A. 86-1198.)

745 ILCS 55/4

(745 ILCS 55/4) (from Ch. 111 1/2, par. 4144)

Sec. 4.

Confidentiality.

All proceedings and communications of a peer
review or a quality assessment and assurance committee shall be privileged
and confidential and shall not be revealed except pursuant to specific
written procedures of the sponsoring organization.

The proceedings and records of such a committee shall be held in
confidence, and shall not be subject to discovery or introduction into
evidence in any civil action against a long-term care professional or
facility arising out of the matters which are the subject of evaluation and
review by such committee. In addition no person who was in attendance at a
meeting of such committee shall be required to testify in any such civil
action as to any evidence or other matters produced or presented during the
proceedings of such committee or as to any findings, recommendations,
evaluations, opinions, or other actions of such committee or any members
thereof.  However, information, documents or records otherwise available
from original sources shall not be construed as immune from discovery or
use in any such civil action merely because they were presented during
proceedings of such committee, nor shall any person who testifies before
such committee or who is a member of such committee be prevented from
testifying as to matters within his knowledge, but such witness may not be
asked about his testimony before such a committee or opinions formed by him
or her as a result of such committee hearings.

Any person or long-term care provider who is reviewed by a peer review
or quality assessment and assurance committee shall be permitted to review any
records, charges, findings, or determinations made by such committee.

(Source: P.A. 86-1198.)