[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] | [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
91_SB0563eng SB563 Engrossed LRB9105750JSpc 1 AN ACT to amend the Hospital Licensing Act by changing 2 Section 9 and adding Sections 6.14a, 6.14b, 6.14c, and 6.14d. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Hospital Licensing Act is amended by 6 changing Section 9 and adding Sections 6.14a, 6.14b, 6.14c, 7 and 6.14d as follows: 8 (210 ILCS 85/6.14a new) 9 Sec. 6.14a. Public disclosure of information. The 10 following information is subject to disclosure to the public 11 from the Department: 12 (1) Information submitted under Section 5 of this Act; 13 (2) Final records of license and certification 14 inspections, surveys, and evaluations of hospitals; 15 (3) Investigated complaints filed against a hospital and 16 complaint investigation reports, except that a complaint or 17 complaint investigation report shall not be disclosed to a 18 person other than the complainant or complainant's 19 representative before it is disclosed to a hospital, and 20 except that a complainant or patient's name shall not be 21 disclosed. 22 The Department shall disclose information under this 23 Section in accordance with provisions for inspection and 24 copying of public records required by the Freedom of 25 Information Act. 26 However, the disclosure of information described in 27 subsection (1) shall not be restricted by any provision of 28 the Freedom of Information Act. 29 Notwithstanding any other provision of law, under no 30 circumstances shall the Department disclose information 31 obtained from a hospital that is confidential under Part 21 SB563 Engrossed -2- LRB9105750JSpc 1 of Article 8 of the Code of Civil Procedure. 2 Any records or reports of inspections, surveys, or 3 evaluations of hospitals may be disclosed only after the 4 acceptance of a plan of correction by the Department, or at 5 the conclusion of any administrative review of the 6 Department's decision, or at the conclusion of any judicial 7 review of such administrative decision. Whenever any record 8 or report is subject to disclosure under this Section, the 9 Department shall permit the hospital to provide a written 10 statement pertaining to such report which shall be included 11 as part of the information to be disclosed. The Department 12 shall not divulge or disclose any record or report in a 13 manner that identifies or would permit the identification of 14 any natural person. 15 (210 ILCS 85/6.14b new) 16 Sec. 6.14b. Confidentiality of patient records. 17 (a) The Department shall respect the confidentiality of 18 a patient's record and shall not divulge or disclose the 19 contents of a record in a manner which identifies a patient, 20 except upon a patient's death to a relative or guardian, as 21 permitted by law, or under judicial proceedings. This 22 Section shall not be construed to limit the right of a 23 patient to inspect or copy his or her records. 24 (b) Confidential medical, social, personal, or financial 25 information identifying a patient shall not be available for 26 public inspection in a manner which identifies a patient. 27 (210 ILCS 85/6.14c new) 28 Sec. 6.14c. Posting of information. Every hospital shall 29 conspicuously post for display in an area of its offices 30 accessible to patients, employees, and visitors the 31 following: 32 (1) its current license; SB563 Engrossed -3- LRB9105750JSpc 1 (2) a description, provided by the Department, of 2 complaint procedures established under this Act and the name, 3 address, and telephone number of a person authorized by the 4 Department to receive complaints; 5 (3) A list of any orders pertaining to the hospital 6 issued by the Department during the past year and any court 7 orders reviewing such Department orders issued during the 8 past year; and 9 (4) A list of the material available for public 10 inspection under Section 6.14d. 11 (210 ILCS 85/6.14d new) 12 Sec. 6.14d. Materials available for public inspection. A 13 hospital shall retain for 5 years the following for public 14 inspection: 15 (1) a complete copy of every final inspection report of 16 the hospital received from the Department; and 17 (2) a copy of every final order pertaining to the 18 hospital issued by the Department during the past 5 years and 19 any court orders reviewing such Department orders. 20 (210 ILCS 85/9) (from Ch. 111 1/2, par. 150) 21 Sec. 9. Inspections and investigations. The Department 22 shall make or cause to be made such inspections and 23 investigations as it deems necessary. Information received by 24 the Department through filed reports, inspection, or as 25 otherwise authorized under this Act shall not be disclosed 26 publicly in such manner as to identify individuals or 27 hospitals, except (i) in a proceeding involving the denial, 28 suspension, or revocation of a permit to establish a hospital 29 or a proceeding involving the denial, suspension, or 30 revocation of a license to open, conduct, operate, and 31 maintain a hospital, (ii) to the Department of Children and 32 Family Services in the course of a child abuse or neglect SB563 Engrossed -4- LRB9105750JSpc 1 investigation conducted by that Department or by the 2 Department of Public Health, (iii) in accordance with Section 3 6.14a of this Act, or (iv)(iii)in other circumstances as 4 may be approved by the Hospital Licensing Board. 5 (Source: P.A. 90-608, eff. 6-30-98.)