Keep Doctors in Illinois

SB 475 Q&A

SB 475 News Release

SB 475 Summary
(printable pdf version)

Judicial Reforms

• $500,000 cap on non-economic damage awards for physicians and $1 million cap for hospitals. Firm cap, not indexed for inflation and no exceptions.
• Improvements to the affidavit of merit, requiring disclosure of consulting physician’s name, and that the physician be an expert in the area of medicine that is the subject of the lawsuit.
• Stronger standards for expert witnesses. Witnesses must be board certified or board eligible in the same specialty as the defendant. The expert must also devote a majority of time to the practice of medicine, teaching or research. Retired experts must be current with continuing medical education.
• Allow the use of annuities for the payment of portions of the award for medical costs.
• Good samaritan immunity extended to retired physicians providing free care and for free care provided in the home.
• Allow physicians to say “I’m sorry” or other expressions of grief and apology without the statement being used against them.

Medical Discipline

• Medical Disciplinary Board expanded from nine to eleven members. Four members must be members of the public.
• Doubles the number of IDFPR investigators.
• Extends the statute of limitations from five to ten years for IDFPR to investigate allegations of a pattern of practice.
• IDFPR disciplinary fine increased to $10,000 maximum.
• Good faith immunity for persons reporting to peer review committees alleged violations of Medical Practice Act.
• Internet profiling of physicians’ professional credentials, and disciplinary and medical litigation histories.

Insurance Regulation Reform

• More power for the Division of Insurance to call hearings to determine whether rates are excessive or inadequate. Hearings are to be held at the request of 1 percent of insureds within a specialty, or at the request of 25 insureds (whichever is greater). Department will call for a hearing when an increase is over 6 percent.
• Encourages insurers to offer policies with deductibles and premium discounts for risk management programs.
• Requires submission of claims statistics and other data to the DOI. All information will be made available to the public.