WeVote
Log In

Bill

Bill

HB 5568

LOC GOV TORT IMMUNITY

104th Regular Session Introduced by Lindsey LaPointe and 1 co-sponsor

HB5568 adds medical examiner and coroner offices to “medical facility” under the Tort Immunity Act but preserves liability for negligent handling of the deceased.

Added Co-Sponsor Rep. Lindsey LaPointe
0
WeVote Research Nonpartisan
Bill Summary · HB 5568

Summary of HB5568 (104th Illinois General Assembly)

Main purpose and intent

HB5568 amends the Local Governmental and Governmental Employees Tort Immunity Act to explicitly include medical examiner’s offices and coroner’s offices within the definition of “medical facility” for purposes of the Act. It also clarifies liability related to the handling, identification, disposal, or treatment of a deceased human. The bill provides that nothing in the Act exonerates public employees or medical facilities from liability for injuries caused by negligent or wrongful conduct in these activities. The amendments apply to causes of action accruing on or after the Act’s effective date.

Key provisions and changes

  • Expanded definition of “medical facility” (Section 6-101):

    • Adds and includes “medical examiner’s office” and “coroner’s office” in the list of facilities that fall under the term “medical facility.”
    • Other defined terms remain, including “mental institution” and “public health clinic” with associated responsibilities.

  • Clarification on professional oversight (Section 6-101, subsection d):

    • Maintains a framework for medical oversight of public health clinics via a designated “public health standing orders physician,” including duties such as reviewing and amending standing orders, annual reviews with staff, site visits, signing orders, and availability for consultation.

  • Liability protections clarified for medical handling of the deceased (Section 6-106):

    • Subsections (a)–(e) outline specific liability protections related to:
    • Diagnosing or failing to diagnose illness or addiction and prescribing or administering treatment for mental/physical illness or addiction.
    • Administering prescribed treatment with due care.
    • Handling, identification, disposal, or treatment of a deceased person.
    • Importantly, the bill preserves liability where negligence or wrongful act occurs in prescribing, administering, or handling such cases, ensuring public entities or employees can still be held liable for negligent or wrongful actions in these contexts.
    • Subsection (e) specifically states liability can arise for negligent or wrongful conduct in the handling, identification, disposal, or treatment of a deceased human, and clarifies the liability of local public entities for their employees’ actions in these respects.
    • Subsection (f) makes clear that these changes apply only to actions accruing on or after the effective date of the amendatory Act.

Who would be affected

  • Public entities and employees in Illinois, including local government entities and hospital/public health staff, particularly those involved with:
    • Medical examiner’s offices and coroner’s offices.
    • Hospitals, clinics, mental health facilities, and related public health operations.
    • Public health clinics overseen under the standing orders framework.
  • Medical facilities (now expressly including medical examiner and coroner facilities) in contexts involving the handling of deceased individuals.

Procedural and timeline aspects

  • Status and process:
    • Introduced February 13, 2026, by Rep. Kevin John Olickal.
    • Referred to Rules Committee, then Judiciary – Civil Committee; later added a Senate sponsor via co-sponsorship (noted: Lindsey LaPointe as a co-sponsor).
    • The bill’s effective date and precise compliance timeline would be determined upon passage and signing, with the amendments applying to causes of action accruing on or after the effective date.

Notable details

  • The Act continues to preserve accountability for negligent acts in clinical prescribing, treatment, and the handling of deceased individuals.
  • The expansion to include medical examiner’s and coroner’s offices as “medical facilities” broadens the scope of the Tort Immunity Act’s protections, but with explicit liability carve-outs for certain negligent actions.

If you’d like, I can provide a side-by-side comparison with the current statute to highlight the exact language changes and potential implications for specific case scenarios.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.