State of Illinois
91st General Assembly
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Public Act 91-0242

HB0423 Enrolled                                LRB9101290ACtm

    AN ACT to amend the Hospital Licensing  Act  by  amending
Section 9 and adding Sections 6.14a, 6.14b, 6.14c, and 6.14d.

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

    Section 5.  The Hospital  Licensing  Act  is  amended  by
changing  Section  9 and adding Sections 6.14a, 6.14b, 6.14c,
and 6.14d as follows:

    (210 ILCS 85/6.14a new)
    Sec.  6.14a.  Public  disclosure  of   information.   The
following  information is subject to disclosure to the public
from the Department:
    (1)  Information submitted under Section 5 of this Act;
    (2)  Final   records   of   license   and   certification
inspections, surveys, and evaluations of hospitals; and
    (3)  Investigated complaints filed against a hospital and
complaint investigation reports, except that a  complaint  or
complaint  investigation  report  shall not be disclosed to a
person  other   than   the   complainant   or   complainant's
representative  before  it  is  disclosed  to a hospital, and
except that a complainant or  patient's  name  shall  not  be
disclosed.
    The  Department  shall  disclose  information  under this
Section in accordance  with  provisions  for  inspection  and
copying   of  public  records  required  by  the  Freedom  of
Information Act.
    However,  the  disclosure  of  information  described  in
subsection (1) shall not be restricted by  any  provision  of
the Freedom of Information Act.
    Notwithstanding  any  other  provision  of  law, under no
circumstances  shall  the  Department  disclose   information
obtained  from  a hospital that is confidential under Part 21
of Article 8 of the Code of Civil Procedure.
    Any  records  or  reports  of  inspections,  surveys,  or
evaluations of hospitals may  be  disclosed  only  after  the
acceptance  of  a  plan  of  correction  by  the  Health Care
Financing Administration of the U.S. Department of Health and
Human Services or the Department, as appropriate, or  at  the
conclusion  of  any administrative review of the Department's
decision, or at the conclusion of any judicial review of such
administrative decision.  Whenever any record  or  report  is
subject  to  disclosure  under  this  Section, the Department
shall permit the hospital  to  provide  a  written  statement
pertaining  to such report which shall be included as part of
the information to be disclosed.  The  Department  shall  not
divulge  or  disclose  any  record or report in a manner that
identifies or would permit the identification of any  natural
person.

    (210 ILCS 85/6.14b new)
    Sec. 6.14b. Confidentiality of patient records.
    (a)  The  Department shall respect the confidentiality of
a patient's record and shall  not  divulge  or  disclose  the
contents  of a record in a manner which identifies a patient,
except upon a patient's death to a relative or  guardian,  as
permitted  by  law,  or  under  judicial  proceedings.   This
Section  shall  not  be  construed  to  limit  the right of a
patient to inspect or copy his or her records.
    (b)  Confidential medical, social, personal, or financial
information identifying a patient shall not be available  for
public inspection in a manner which identifies a patient.

    (210 ILCS 85/6.14c new)
    Sec.  6.14c. Posting of information. Every hospital shall
conspicuously post for display in  an  area  of  its  offices
accessible   to   patients,   employees,   and  visitors  the
following:
    (1)  its current license;
    (2)  a  description,  provided  by  the  Department,   of
complaint procedures established under this Act and the name,
address,  and  telephone number of a person authorized by the
Department to receive complaints;
    (3)  a list of any  orders  pertaining  to  the  hospital
issued  by  the Department during the past year and any court
orders reviewing such Department  orders  issued  during  the
past year; and
    (4)  a   list   of  the  material  available  for  public
inspection under Section 6.14d.

    (210 ILCS 85/6.14d new)
    Sec. 6.14d. Materials available for public inspection.  A
hospital  shall  retain  for 5 years the following for public
inspection:
    (1)  a complete copy of every final inspection report  of
the hospital received from the Department; and
    (2)  a  copy  of  every  final  order  pertaining  to the
hospital issued by the Department during the past 5 years and
any court orders reviewing such Department orders.

    (210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
    Sec. 9. Inspections and  investigations.  The  Department
shall   make  or  cause  to  be  made  such  inspections  and
investigations as it deems necessary. Information received by
the Department  through  filed  reports,  inspection,  or  as
otherwise  authorized  under  this Act shall not be disclosed
publicly  in  such  manner  as  to  identify  individuals  or
hospitals, except (i) in a proceeding involving  the  denial,
suspension, or revocation of a permit to establish a hospital
or   a   proceeding  involving  the  denial,  suspension,  or
revocation of  a  license  to  open,  conduct,  operate,  and
maintain  a  hospital, (ii) to the Department of Children and
Family Services in the course of a  child  abuse  or  neglect
investigation   conducted   by  that  Department  or  by  the
Department of Public Health, (iii) in accordance with Section
6.14a of this Act, or (iv) (iii) in  other  circumstances  as
may be approved by the Hospital Licensing Board.
(Source: P.A. 90-608, eff. 6-30-98.)

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