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| [ House Amendment 001 ] |
91_HB4075
LRB9110287ACpr
1 AN ACT to amend the Medical Practice Act of 1987 by
2 adding Section 23.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Medical Practice Act of 1987 is amended
6 by adding Section 23.1 as follows:
7 (225 ILCS 60/23.1 new)
8 Sec. 23.1. Public disclosure of disciplinary records.
9 (a) The Disciplinary Board shall collect the following
10 information to create individual profiles on licensees, in a
11 format created by the Disciplinary Board that shall be
12 available for dissemination to the public:
13 (1) a description of any criminal convictions for
14 felonies and serious misdemeanors as determined by the
15 Disciplinary Board, within the most recent 10 years. For
16 the purposes of this item, a person shall be deemed to be
17 convicted of a crime if he or she pled guilty or if he or
18 she was found or adjudged guilty by a court of competent
19 jurisdiction;
20 (2) a description of any charges to which a
21 physician pleads nolo contendere or where a disposition
22 of supervision is made by a court of competent
23 jurisdiction, within the most recent 10 years;
24 (3) a description of any final disciplinary actions
25 taken by the Disciplinary Board within the most recent 10
26 years;
27 (4) a description of any final disciplinary actions
28 taken by licensing boards in other states within the most
29 recent 10 years;
30 (5) a description of revocation or involuntary
31 restriction of hospital privileges for reasons related to
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1 competence or character that have been taken by the
2 hospital's governing body or any other official of the
3 hospital after procedural due process has been afforded,
4 the resignation from or nonrenewal of medical staff
5 membership, or the restriction of privileges at a
6 hospital taken in lieu of or in settlement of a pending
7 disciplinary case related to competence or character in
8 that hospital. Only cases that have occurred within the
9 most recent 10 years shall be disclosed by the
10 Disciplinary Board to the public;
11 (6) all medical malpractice court judgments,
12 medical malpractice arbitration awards, and settlements
13 of medical malpractice claims in which a payment is made
14 to a complaining party, within the most recent 10 years.
15 Dispositions of paid claims shall be reported in a
16 minimum of 3 graduated categories indicating the level of
17 significance of the award or settlement. Information
18 concerning paid medical malpractice claims shall be put
19 in context by comparing an individual licensee's medical
20 malpractice judgment and arbitration awards and
21 settlements to the experience of other licensees within
22 the same specialty. Information concerning settlements
23 shall be accompanied by the following statement:
24 "Settlement of a claim may occur for a variety of reasons
25 which do not necessarily reflect negatively on the
26 professional competence or conduct of the physician. A
27 payment in settlement of a medical malpractice action or
28 claim should not be construed as creating a presumption
29 that medical malpractice has occurred." Nothing in this
30 Section shall be construed to limit or prevent the
31 Disciplinary Board from providing further explanatory
32 information regarding the significance of categories in
33 which settlements are reported.
34 Pending malpractice claims shall not be disclosed by
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1 the Disciplinary Board to the public. Nothing in this
2 Section shall be construed to prevent the Disciplinary
3 Board from investigating and disciplining a licensee on
4 the basis of medical malpractice claims that are pending;
5 and
6 (7) names of medical schools and dates of
7 graduation.
8 The Disciplinary Board shall provide each licensee with a
9 copy of his or her profile prior to release to the public. A
10 licensee shall be provided a reasonable time to correct
11 factual inaccuracies that appear in his or her profile.
12 (a-5) A licensee may elect to include in his or her
13 profile the following information that shall be available for
14 dissemination to the public:
15 (1) specialty board certification;
16 (2) number of years in practice;
17 (3) names of the hospitals where the licensee has
18 privileges;
19 (4) appointments to medical school faculties and
20 indication as to whether a licensee has had a
21 responsibility for graduate medical education within the
22 most recent 10 years;
23 (5) publications in peer-reviewed medical
24 literature within the most recent 10 years;
25 (6) professional or community service activities
26 and awards;
27 (7) the location of the licensee's primary practice
28 setting;
29 (8) the identification of any translating services
30 that may be available at the licensee's primary practice
31 location; and
32 (9) an indication of whether the licensee
33 participates in the Medicaid program.
34 (b) The Department shall maintain a toll free telephone
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1 line for responding to requests for information about the
2 disciplinary records of physicians in Illinois.
3 (c) When collecting information or compiling reports
4 intended to compare physicians, the Disciplinary Board shall
5 require that:
6 (1) physicians shall be meaningfully involved in
7 the development of all aspects of the profile
8 methodology, including collection methods, formatting,
9 and methods and means for release and dissemination;
10 (2) the entire methodology for collecting and
11 analyzing the data shall be disclosed to all relevant
12 physician organizations and to all physicians under
13 review;
14 (3) data collection and analytical methodologies
15 shall be used that meet accepted standards of validity
16 and reliability;
17 (4) the limitations of the data sources and
18 analytic methodologies used to develop physician profiles
19 shall be clearly identified and acknowledged, including
20 but not limited to the appropriate and inappropriate uses
21 of the data;
22 (5) to the greatest extent possible, physician
23 profiling initiatives shall use standard-based norms
24 derived from widely accepted, provider-developed practice
25 guidelines;
26 (6) provider profiles and other information that
27 have been compiled regarding physician performance shall
28 be shared with physicians under review prior to
29 dissemination provided that an opportunity for
30 corrections and additions of helpful explanatory comments
31 shall be afforded before publication, and provided
32 further that the profiles shall include only data that
33 reflect care under the control of the physician for whom
34 the profile is prepared;
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1 (7) comparisons among physician profiles shall
2 adjust for patient case mix and other relevant risk
3 factors and control for provider peer groups, when
4 appropriate;
5 (8) effective safeguards to protect against the
6 unauthorized use or disclosure of physician profiles
7 shall be developed and implemented;
8 (9) effective safeguards to protect against the
9 dissemination of inconsistent, incomplete, invalid,
10 inaccurate, or subjective profile data shall be developed
11 and implemented; and
12 (10) the quality and accuracy of physician
13 profiles, data sources, and methodologies shall be
14 evaluated regularly.
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.