Illinois lawmakers pass bill to expand reporting requirements for sexual abuse

The Illinois State Legislature has passed a bill that would require more healthcare facilities to report allegations of patient abuse to the state – a measure based on a Tribune magazine investigation into the issue.

Under the bill, medical practices and clinics affiliated with hospitals would be required to report allegations of patient abuse to the Illinois Department of Public Health, which would trigger an investigation by the state. Hospitals would now only be required to report allegations that occur in hospitals.

The House of Representatives passed the bill unanimously on Tuesday evening. The Senate had also previously passed the bill unanimously. The bill will now be submitted to the governor for his signature.

The governor’s office did not immediately respond to a request for comment on the bill Wednesday morning.

The bill comes several months after a Tribune investigation found that prominent health care systems allowed employees accused of sexually abusing patients to continue treating patients, and that in some cases the same health care workers were subsequently accused of abusing additional patients.

As part of the investigation, the Tribune also detailed the role Endeavor Health played in allowing former obstetrician/gynecologist Dr. Fabio Ortega to continue working despite complaints from patients. Some of the complaints against him involved alleged incidents that occurred in doctor’s offices affiliated with Endeavor – outside the hospital walls.

Ortega has been sued by more than 60 patients for sexual assault or abuse and pleaded guilty to aggravated sexual abuse of two patients in 2021. Most of the patients who filed these lawsuits also accuse the health care systems where Ortega worked of failing to protect them.

Both the Illinois Hospital Association and the Illinois Department of Public Health worked with Rep. Kelly Cassidy (D-Chicago), who originally proposed the bill. Lawyers representing dozens of women who have sued Ortega also worked with Cassidy on the bill.

One of those lawyers, Tamara Holder, who along with co-counsel Johanna Raimond and Stephan Blandin represents most of the women who have sued Ortega and Endeavor, called the passage of the law a “huge victory.”

“Women are finally being heard when they complain about physician misconduct in the office or outside of a hospital, where doctor-patient abuse predominantly occurs,” Holder said.

During Tuesday night’s session, Cassidy told her colleagues in the House that the bill closes an existing loophole in the law. “We still need to do more to ensure patient safety in health care situations, but this is an important first step,” she said.

Senate sponsor of the bill, Karina Villa (D-West Chicago), called the bill an “important step” toward preventing future patient abuse in a press release after the measure passed the chamber over the weekend.

Carrie Ward, executive director of the Illinois Coalition Against Sexual Assault, said the bill represents an “important expansion” of the reporting requirement.

The Tribune report also found that several hospitals failed to report their patients’ abuse allegations to the state Department of Health as required, and as a result, these facilities apparently faced little repercussions.

The investigation found that loopholes in state law and slow action by the state agency responsible for disciplining licensed health care providers resulted in doctors and other health care workers continuing to treat patients, sometimes months or years after patients accused them of sexual misconduct.

Chris Slaby, spokesman for the Illinois Department of Financial and Professional Regulation, said in a statement that the agency, which oversees licensing and disciplinary proceedings for health care professionals, is working with lawmakers on further reforms and “plans to advance legislation in the fall veto session.”

Jeremy Gorner contributed to this report.