CHICAGO (CBS) — Doctors’ offices and hospital-affiliated clinics in Illinois may soon be required to report allegations of patient abuse to the state health department. This legislative measure was introduced by Illinois lawmakers in response to a recent Chicago Tribune investigation that uncovered significant gaps in current reporting requirements.
Closing a Dangerous Loophole
Under existing law, hospitals must immediately report allegations of patient abuse, including sexual abuse by healthcare workers, to the Illinois Department of Public Health (IDPH). This triggers an investigation into how the hospital handled the matter. However, there is no such requirement for doctors’ offices or clinics, even those affiliated with hospitals.
Rep. Kelly Cassidy (D-Ill.), the driving force behind the legislation, emphasized the necessity of this change. “This is just a simple, common-sense solution to make it clear that hospitals are responsible for providers in any of their facilities,” Cassidy said. “It falls into that category, do we really need to tell someone out loud that this is what we expect of them? Obviously we do, so here we are.”
Catalyst for Change: The Tribune Investigation
Earlier this year, a Chicago Tribune investigation revealed that several major healthcare systems allowed workers accused of sexually assaulting patients to continue providing care. In some cases, these workers were accused of assaulting additional patients.
One of the most notable cases involved former Endeavor Health gynecologist Dr. Fabio Ortega, who has been sued by over 60 patients for sexual assault or abuse. In October 2021, Ortega pleaded guilty to aggravated sexual assault of two patients following incidents at two Endeavor offices. Many of the alleged incidents described in the lawsuits occurred at hospital facilities where Ortega regularly practiced. The lawsuits claim the healthcare systems he worked for failed to protect the patients.
The Tribune’s report highlighted the role of Endeavor Health, formerly known as NorthShore University HealthSystem, in retaining Ortega despite numerous patient complaints.
Legislative Support and Impact
Cassidy stated that the bill directly addresses what happened with Ortega. “This literally closes the most dangerous loophole with the understanding that there is a lot more to be done here,” she said.
Tamara Holder, the attorney representing most of the women suing Ortega and Endeavor, praised the bill as a step in the right direction. “This is important because women spend most of their time receiving gynecological and obstetric care in the clinic, not the hospital,” Holder said. She emphasized that most abuse occurs in clinical or office settings where doctors have more privacy and time alone with patients.
The Illinois Health and Hospital Association also contributed to drafting the bill. “The hospital community condemns any form of patient abuse and supports reporting requirements to protect patients and ensure that governing bodies are aware of these incidents,” said Amy Barry, a spokeswoman for the association.
Endeavor Health expressed gratitude for the legislative efforts. “We are grateful for the good work of Illinois lawmakers and the hospital community regarding the parity reporting proposals between hospitals and wholly owned outpatient sites,” the organization said in a statement.
Future Legislative Efforts
Sen. Karina Vela, chair of the Illinois Senate Public Health Committee, plans to sponsor the bill in the Senate. She underscored the importance of not exempting affiliated hospitals from reporting abuse allegations and described the legislation as a “positive start.”
The Tribune’s investigation also identified shortcomings in government oversight, including state law loopholes and slow disciplinary actions by the state agency responsible for health care workers. Cassidy noted that additional measures to address accountability are planned for discussion this summer.
This new legislation represents a significant step towards improving patient safety and accountability in Illinois’ healthcare system, ensuring that abuse allegations are promptly reported and investigated.
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