SB3137sam003 103RD GENERAL ASSEMBLY

Sen. Laura Fine

Filed: 3/25/2024

10300SB3137sam003 LRB103 36125 RLC 71180 a

AMENDMENT TO SENATE BILL 3137

AMENDMENT NO. ______. Amend Senate Bill 3137, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. This Act may be referred to as Jordan's Law.

Section 5. The Substance Use Disorder Act is amended by adding Section 55-45 as follows:

(20 ILCS 301/55-45 new)

Sec. 55-45. Notice of death of patient. Any licensed facility operating in this State shall provide notice of the death of a patient occurring in the facility to the personal representative of the patient. The facility shall provide verbal notice to the personal representative of the patient within 24 hours after the death of the patient and shall provide written notice to the personal representative, if known, of the patient within 5 days after the death of the patient. The facility shall provide notice under this subsection in accordance with 42 CFR 2.15(b) and 45 CFR 164.502(g), as amended. For the purposes of this subsection, "personal representative" has the meaning set forth in 45 CFR 164.502(g).

Section 10. The Mental Health and Developmental Disabilities Code is amended by adding Section 5-100.1 as follows:

(405 ILCS 5/5-100.1 new)

Sec. 5-100.1. Notice of death of patient. Any mental health or developmental disabilities facility operating in this State shall provide notice of the death of a recipient of services occurring in the facility to the personal representative of the recipient of services. The facility shall provide verbal notice to the personal representative, if known, of the recipient of services within 24 hours after the death of the recipient of services and shall provide written notice to the personal representative of the recipient of services within 5 days after the death of the recipient of services. The facility shall provide notice under this subsection in accordance with Sections 4 and 5 of the Mental Health and Developmental Disabilities Confidentiality Act and 45 CFR 164.502(g), as amended. For the purposes of this subsection, "personal representative" has the meaning set forth in 45 CFR 164.502(g).

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