HB0378 95TH GENERAL ASSEMBLY

LRB095 06245 DRJ 26339 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0378

Introduced 1/26/2007, by Rep. Patricia R. Bellock

SYNOPSIS AS INTRODUCED:

New Act
210 ILCS 85/6.08	from Ch. 111 1/2, par. 147.08

Creates the MRSA Screening and Reporting Act and amends the Hospital Licensing Act. Requires every hospital to establish a methicillin-resistant Staphylococcus aureus (MRSA) control program, and sets forth items that must be included in such a program. Provides that for all hospital patients who are identified with nosocomial S. aureus bloodstream infection or asymptomatic colonization due to MRSA, the Department of Public Health shall require the annual reporting of such cases as a communicable disease or condition. Requires the Department to compile aggregate data from all hospitals for all such patients and to make such data available on its website and in all reports on health statistics and reportable communicable disease cases in Illinois. In provisions of the Hospital Licensing Act concerning the reporting of communicable reportable diseases and conditions, provides that after the effective date of this amendatory Act, such reportable diseases and conditions shall include nosocomial Staphylococcus aureus bloodstream infections asymptomatic colonization due to MRSA.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the MRSA Screening and Reporting Act.

Section 5. Definitions. In this Act:

"MRSA" means methicillin-resistant Staphylococcus aureus.

"MSSA" means methicillin-susceptible Staphylococcus aureus.

Section 10. MRSA control program. In order to improve the prevention of hospital-associated bloodstream infections due to methicillin-resistant Staphylococcus aureus ("MRSA"), every hospital shall establish an MRSA control program that requires:

(1) Identification of all MRSA-colonized patients in all intensive care units, and at-risk patients identified by the hospital, through active surveillance testing.

(2) Isolation of identified MRSA-colonized or MRSA-infected patients in an appropriate manner.

(3) Strict adherence to hand washing and hygiene guidelines.

(4) Identification of nosocomial S. aureus bloodstream infection, recording the total number and the subsets due to MRSA or to MSSA.

(5) Maintenance of records and reporting of cases under Section 15 of this Act.

Section 15. Reports to Department of Public Health. For all patients who are identified with nosocomial S. aureus bloodstream infection or asymptomatic colonization due to MRSA pursuant to Section 10, the Department of Public Health shall require the annual reporting of such cases as a communicable disease or condition. The report shall include the total numbers of all nosocomial S. aureus bloodstream infections as well as subsets due to MRSA or MSSA, defined as those S. aureus bloodstream infections that are acquired during the initial stay in the hospital with onset of symptoms after 72 hours in the hospital or that are present upon readmission to the hospital within 30 days after discharge from the prior stay. The Department shall compile aggregate data from all hospitals for all such patients and shall make such data available on its website and in all reports on health statistics and reportable communicable disease cases in Illinois.

Section 90. The Hospital Licensing Act is amended by changing Section 6.08 as follows:

(210 ILCS 85/6.08) (from Ch. 111 1/2, par. 147.08)

Sec. 6.08. (a) Every hospital shall provide notification as required in this Section to police officers, firefighters, emergency medical technicians, and ambulance personnel who have provided or are about to provide emergency care or life support services to a patient who has been diagnosed as having a dangerous communicable or infectious disease. Such notification shall not include the name of the patient, and the emergency services provider agency and any person receiving such notification shall treat the information received as a confidential medical record.

(b) The Department shall establish by regulation a list of those communicable reportable diseases and conditions for which an annual report of numbers notification shall be required provided. After the effective date of this amendatory Act of the 95th General Assembly, such reportable diseases and conditions shall include asymptomatic colonization due to methicillin-resistant Staphylococcus aureus (MRSA) and nosocomial Staphylococcus aureus bloodstream infections, both the total number of nosocomial Staphylococcus aureus bloodstream infections and the numbers of nosocomial Staphylococcus aureus bloodstream infections due to MRSA or methicillin-susceptible Staphylococcus aureus (MSSA), listed separately.

(c) The hospital shall send the letter of notification within 72 hours after a confirmed diagnosis of any of the communicable diseases listed by the Department pursuant to subsection (b), except confirmed diagnoses of Acquired Immunodeficiency Syndrome (AIDS). If there is a confirmed diagnosis of AIDS, the hospital shall send the letter of notification only if the police officers, firefighters, emergency medical technicians, or ambulance personnel have indicated on the ambulance run sheet that a reasonable possibility exists that they have had blood or body fluid contact with the patient, or if hospital personnel providing the notification have reason to know of a possible exposure.

(d) Notification letters shall be sent to the designated contact at the municipal or private provider agencies listed on the ambulance run sheet. Except in municipalities with a population over 1,000,000, a list attached to the ambulance run sheet must contain all municipal and private provider agency personnel who have provided any pre-hospital care immediately prior to transport. In municipalities with a population over 1,000,000, the ambulance run sheet must contain the company number or unit designation number for any fire department personnel who have provided any pre-hospital care immediately prior to transport. The letter shall state the names of crew members listed on the attachment to the ambulance run sheet and the name of the communicable disease diagnosed, but shall not contain the patient's name. Upon receipt of such notification letter, the applicable private provider agency or the designated infectious disease control officer of a municipal fire department or fire protection district shall contact all personnel involved in the pre-hospital or inter-hospital care and transport of the patient. Such notification letter may, but is not required to, consist of the following form:

NOTIFICATION LETTER

(NAME OF HOSPITAL)

(ADDRESS)

TO:...... (Name of Organization)

FROM:.....(Infection Control Coordinator)

DATE:.....

As required by Section 6.08 of the Illinois Hospital Licensing Act, .....(name of hospital) is hereby providing notification that the following crew members or agencies transported or provided pre-hospital care to a patient on ..... (date), and the transported patient was later diagnosed as having .....(name of communicable disease): .....(list of crew members). The Hospital Licensing Act requires you to maintain this information as a confidential medical record. Disclosure of this information may therefore result in civil liability for the individual or company breaching the patient's confidentiality, or both.

If you have any questions regarding this patient, please contact me at .....(telephone number), between .....(hours). Questions regarding exposure or the financial aspects of obtaining medical care should be directed to your employer.

(e) Upon discharge of a patient with a communicable disease to emergency personnel, the hospital shall notify the emergency personnel of appropriate precautions against the communicable disease, but shall not identify the name of the disease.

(f) The hospital may, in its discretion, take any measures in addition to those required in this Section to notify police officers, firefighters, emergency medical technicians, and ambulance personnel of possible exposure to any communicable disease. However, in all cases this information shall be maintained as a confidential medical record.

(g) Any person providing or failing to provide notification under the protocol required by this Section shall have immunity from any liability, either criminal or civil, that might result by reason of such action or inaction, unless such action or inaction is willful.

(h) Any person who willfully fails to provide any notification required pursuant to an applicable protocol which has been adopted and approved pursuant to this Section commits a petty offense, and shall be subject to a fine of $200 for the first offense, and $500 for a second or subsequent offense.

(i) Nothing in this Section shall preclude a civil action by a firefighter, emergency medical technician, or ambulance crew member against an emergency services provider agency, municipal fire department, or fire protection district that fails to inform the member in a timely fashion of the receipt of a notification letter.

(Source: P.A. 92-363, eff. 1-1-02.)