HB 3166

Abstract

Creates the Health Courts Act. Establishes the Illinois Health Courts Commission with 10 members appointed by the Governor, by and with the consent of the Senate, of which: 3 are representatives of hospitals; 3 are representatives of physicians; and 4 are citizen representatives, with one designated as chairman by the Governor. Provides for the staffing and the operation of the Commission. Establishes arbitrator qualifications, appointments and training procedures. Provides that arbitrators are subject to the Personnel Code. Provides that the Commission shall adopt rules to create an alternative dispute resolution method that provides: after the occurrence of an adverse health care event, the health care professional or health care provider involved must notify the patient or the patient's family, within 30 days after the discovery of the adverse event, that the patient has a right to seek compensation; following this, the patient may submit a claim; the health care professional or provider must notify the health court commission of the claim and provide a compensability determination to the patient within 60 days; if the event is compensable, the health care professional or provider must make an offer based upon a schedule of damages created by the Commission by rule; a patient may appeal that compensation decision to the Commission; the patient may appeal a decision to not compensate the patient for the claim, which is reviewed by an arbitrator, de novo, at a hearing at which the health care professional or provider and the patient may present evidence, including expert testimony; and the arbitrator's decision may be appealed to the appellate court. Provides that the Commission shall issue an annual report. Includes other provisions.