May 16th 2024.
Lawmakers in Illinois have recently introduced a new measure that would require doctors' offices and clinics associated with hospitals to report any allegations of patient abuse to the state health department. This legislation comes after a thorough investigation by the Chicago Tribune, which uncovered the issue a few months ago.
Currently, hospitals are required by law to promptly report any allegations of patient abuse, including sexual abuse by health care workers, to the Illinois Department of Public Health. This leads to an investigation into how the hospital handled the matter. However, allegations of patient abuse that occur at doctors' offices or clinics outside of hospital walls, even if they are connected to hospitals, are not required to be reported to the state health department.
Illinois Representative Kelly Cassidy, who is spearheading this legislation, believes that it is a simple and necessary fix to ensure that hospitals take responsibility for the actions of their providers at any of their facilities. She expressed her belief that it is common sense to expect hospitals to report such incidents, but it seems that it is necessary to explicitly state this expectation.
The Chicago Tribune's investigation earlier this year uncovered that several well-known health systems allowed workers accused of sexually abusing patients to continue providing care. Shockingly, some of these workers were then accused of abusing additional patients. One of the most high-profile cases in the state involved former Endeavor Health gynecologist Dr. Fabio Ortega, who faced lawsuits from over 60 patients for sexual assault or abuse. In October 2021, Ortega pleaded guilty to aggravated criminal sexual abuse of two patients, and these incidents occurred at two Endeavor-affiliated offices. Many of the alleged incidents described in the lawsuits occurred at hospital-affiliated facilities where the doctor regularly practiced. The women who filed the lawsuits also accused the health systems where he worked of failing to protect them.
According to Cassidy, this bill directly addresses the issues that arose in the case of Dr. Ortega. She believes that it is crucial to close this egregious loophole and acknowledges that there is still much more work to be done in this area.
Attorney Tamara Holder, who represents most of the women who have sued Ortega and Endeavor, along with co-counsels Johanna Raimond and Stephan Blandin, believes that this bill is a positive step forward. She hopes that it will force healthcare institutions to listen to women and take appropriate action. Holder and her co-counsels were also involved in the drafting of this bill. She stressed the importance of this legislation as most women receive gynecological and obstetrical care in clinics rather than hospital settings. The Ortega case and others like it have shown that most abuse occurs in these clinical or office settings, where doctors have more privacy and alone time with patients.
The Illinois Health and Hospital Association also collaborated on this bill. Their spokesperson, Amy Barry, stated that 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. Endeavor Health, in a statement, expressed their gratitude for the efforts of Illinois lawmakers and the hospital community in promoting reporting parity between hospitals and external sites. They also stated that they will continue to evaluate the implications of any changes to Illinois law on their patients and staff.
Senator Karina Villa, who leads the Illinois Senate Public Health Committee, plans to be a sponsor of this bill when it reaches the Senate. She believes that hospital affiliates should not be exempt from reporting allegations of abuse and sees this legislation as a positive step. However, she also acknowledges that there is still more work to be done in future legislative sessions, citing the Tribune's findings.
The Tribune's investigation also uncovered failings in state oversight, including gaps in state laws and slow action by the state agency responsible for disciplining healthcare workers. This has resulted in some doctors and other workers accused of abuse continuing to provide patient care for months or even years. Additionally, the Tribune found that hospitals faced few consequences from the state when they failed to report patient allegations of abuse.
Cassidy intends to address measures to improve accountability in the summer, highlighting the importance of continuously working towards better protection for patients.
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