093_HB3002

 
                                     LRB093 07466 AMC 07637 b

 1        AN ACT concerning nursing homes.

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

 4        Section  5.   The  Nursing  Home  Care  Act is amended by
 5    adding Section 2-105.1 as follows:

 6        (210 ILCS 45/2-105.1 new)
 7        Sec.  2-105.1.   Privacy  of  records.   A  resident  and
 8    relatives of a resident have the right to keep their  medical
 9    records  private.   If  a  facility  closes, the owner of the
10    facility may be held liable if a resident's  medical  records
11    are  not  correctly transferred to (i) another facility, (ii)
12    the resident, or (iii) the resident's relative  or  guardian.
13    If  the  medical  records are for a deceased former resident,
14    the records shall be transferred to the  resident's  relative
15    or  guardian.   Notwithstanding any other penalty provided in
16    this Act, a facility that has  violated  or  compromised  the
17    privacy  of  a  resident's medical record shall be subject to
18    the same penalties as those imposed under the federal  Health
19    Insurance Portability and Accountability Act.

20        Section  99.  Effective date.  This Act takes effect upon
21    becoming law.