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|  |  Illinois Governor Signs Medical Malpractice ReformPress Release August 26, 2005 Legislation designed to improve access to physician care in Illinois ALTON – Flanked by physicians, patients, hospital administrators and legislators, Governor Rod R. Blagojevich today s igned critical legislation to address the growing cost of medical malpractice insurance. In an effort to improve patient access to health care, the new law caps monetary awards for pain and suffering, gives the state the authority to more aggressively regulate malpractice insurance companies premium increases, increases the ability of Illinois regulators to enforce physician practices and finally, allows consumers to learn about previous judgments or complaints against any physician licensed in Illinois. “During my State of the State Address, I called for medical malpractice reform because we can’t make health care more accessible or more affordable if we can’t keep doctors in our state,” said Gov. Blagojevich. “As Governor, my top priority is making sure that people have health care. And, over the past three years, we’ve made sure that nearly 330,000 working parents and their children received the health care they need. I’m proud of that, but without doctors, we don’t have health care. Today, with this legislation, we’re taking a major step forward to make sure that doctors keep practicing in Illinois, and people get the medical care they need.” Senate Bill 475, sponsored by Sen. James Clayborne, Jr. (D-East St. Louis) and Rep. Dan Reitz (D-Sparta), limits the amount a jury can award for personal pain and suffering to $500,000 from physicians and $1,000,000 for hospital judgments. While these limits were higher than some had advocated for, they represent reasonable restraints on the awards that can be made to victims of malpractice. By establishing award ceilings, insurance companies, self-insured health care providers and physicians will be able to better plan for the monetary costs associated with malpractice awards. To reduce frivolous lawsuits the bill also requires that before a case can be brought against a physician or hospital, another doctor must certify that the action has merit and should be brought to court. "This was a reasonable compromise that required all sides to give a little in order to ensure we could bring a final resolution to a medical crisis that has not only plagued the Metro East, but is now affecting communities all across Illinois," Sen. Clayborne said. "This is not just a bill about caps. We now have state law that includes important insurance reforms and provisions giving patients greater access to information regarding their doctor and medical care." “With the help of doctors, hospitals, patient advocates, and legal experts, these reforms were crafted to provide much needed protections for doctors and hospitals, while providing for tougher disciplinary standards for the bad doctors,” Rep. Reitz said. “I am proud to have worked with all the parties involved to be part of the solution to this problem. I applaud the Governor for joining the General Assembly in approving this historic legislation and look forward to the positive results for our region’s health care.” “We thank Governor Blagojevich for recognizing the urgent need for litigation reforms that will keep doctors in Illinois and preserve access to medical care for our patients,” said Craig A. Backs, M.D., president of the Illinois State Medical Society. "Illinois' unbearable medical litigation crisis forced me to actively look outside of this state to practice medicine. The signing of this legislation allows me to stay and take care of my patients," said Andrew A. Roth, M.D., an ob/gyn practicing in Lombard. Other provisions of the measure increase the state’s ability to moderate the costs of malpractice insurance and reduce incidents of malpractice by more aggressively disciplining physicians when warranted. The law also creates opportunities for ordinary Illinoisans to access information about an individual doctor’s medical experience and qualifications, as well as bringing new information to consumers about the doctors licensed in Illinois. Insurance Code Changes SB 475 makes it possible for the state, for the first time, to deny medical malpractice rate increases. In addition to eliminating a requirement that the business climate in Illinois be deemed “non-competitive,” the Department of Financial and Professional Regulation (IDFPR) will also collect and make available actuarial data relied upon for pricing by every medical malpractice insurer. If a company files a request for medical malpractice rate increases of more than six percent, public hearings on the proposed increase will be mandatory. For lesser increases, IDFPR can hold public hearings to determine whether the rate increases are justified. This provision was drafted to subject premium increases to greater public scrutiny. By increasing the information that is publicly available, the law intends to make the malpractice insurance business more attractive to companies that have felt closed out of a state where one company collects over sixty-percent of the medical malpractice premiums. Increased competition should stabilize insurance rates. Professional Regulation The new law also makes changes to the way physicians are regulated and the Medical Practice Act is enforced. Two additional public members, who are not physicians, will be appointed to the Medical Disciplinary Board, which reviews citizen complaints and disciplinary actions against licensed doctors. Several changes in the law give Medical Enforcement division staff additional authority to prosecute violations and discipline doctors. The law increases the statute of limitations from five to 10 years, so the IDFPR will be able to prosecute “pattern of practice” cases to discipline doctors who have multiple simple negligence cases in which no single case rises to the level of gross negligence. The law also makes it easier for investigators to gain access to evidence when a case is opened because of actions by either a court, insurance company, medical facility or another state’s medical board. More investigators will be hired to increase disciplinary oversight of doctors. Investigators will have increased authority to demand case files when a mandatory report of a legal judgment, hospital disciplinary action, criminal or civil conviction or insurance settlement is received by IDFPR. The law also makes it easier for prosecutors to develop cases based on a longer period of a physician’s potentially dangerous or inappropriate medical care. Physician Profiling Website SB 475 creates a new opportunity for Illinoisans to learn about the doctors who treat them. An Internet site will be created with access to background information about doctors, containing data on the previous five years' history, involving criminal convictions, malpractice awards and disciplinary actions taken by the State of Illinois or reported by other states. SB 475 becomes effective immediately. Complete text can be found at http://www.illinois.gov/PressReleases/ShowPressRelease.cfm?SubjectID=1&RecNum=4228
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