103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3503

 

Introduced 2/17/2023, by Rep. William E Hauter

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 50/3.2  from Ch. 111 1/2, par. 5403.2

    Amends the Medical Patient Rights Act. Provides that, during a period for which the Governor has issued a proclamation under the Illinois Emergency Management Agency Act declaring that a disaster exists or in the event of an outbreak or epidemic of a communicable disease in the community in which the emergency department is located, an emergency department shall ensure an opportunity for at least one medical advocate to be present with a patient for the purposes of communication, care, consent, and advocacy on the patient's behalf. Requires the medical advocate's presence to be subject to the guidelines, conditions, and limitations of the emergency department's policies and any rules or guidelines established by the U.S. Centers for Medicare and Medicaid Services and the Centers for Disease Control and Prevention. Provides that medical advocates may be required by the emergency department to submit to health screenings necessary to prevent the spread of infectious disease. Allows emergency departments to (i) restrict facility access to a medical advocate who does not pass the emergency department's health screening requirement, (ii) require a medical advocate to adhere to infection control procedures, and (iii) deny a medical advocate's request to be present with a patient under the Act if it would endanger the physical health or safety of the patient, the medical advocate, or health care workers or would otherwise create a risk to public health or safety. Defines "medical advocate".


LRB103 25522 CPF 51871 b

 

 

A BILL FOR

 

HB3503LRB103 25522 CPF 51871 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Medical Patient Rights Act is amended by
5changing Section 3.2 as follows:
 
6    (410 ILCS 50/3.2)  (from Ch. 111 1/2, par. 5403.2)
7    Sec. 3.2. Visitation rights, policies, and procedures.
8    (a) Every health care facility in this State shall permit
9visitation by any person or persons designated by a patient
10who is 18 years of age or older and who is allowed rights of
11visitation unless (1) the facility does not allow any
12visitation for a patient or patients, or (2) the facility or
13the patient's physician determines that visitation would
14endanger the physical health or safety of a patient or
15visitor, or would interfere with the operations of the
16facility.
17    (a-5) Notwithstanding subsection (a), during a period for
18which the Governor has issued a proclamation under Section 7
19of the Illinois Emergency Management Agency Act declaring that
20a disaster exists or in the event of an outbreak or epidemic of
21a communicable disease in the community in which the health
22care facility is located, a health care facility shall ensure
23an opportunity for at least one visitor to visit a resident or

 

 

HB3503- 2 -LRB103 25522 CPF 51871 b

1patient of the health care facility. A health care facility
2shall not count a clergy member toward any limit on the number
3of visitors permitted to visit a resident or patient at one
4time and shall permit a clergy member to visit with a resident
5or patient in addition to the permitted number of visitors.
6Visitation shall be subject to the guidelines, conditions, and
7limitations of the health care facility's visitation policy
8and any rules or guidelines established by the U.S. Centers
9for Medicare and Medicaid Services and the Centers for Disease
10Control and Prevention.
11    Visitors under this subsection may be required by the
12health care facility to submit to health screenings necessary
13to prevent the spread of infectious disease. A health care
14facility may restrict facility access to a visitor who does
15not pass its health screening requirement. A health care
16facility may require a visitor to adhere to infection control
17procedures, including wearing personal protective equipment. A
18health care facility may deny visitation under this Act if
19visitation would endanger the physical health or safety of a
20patient, the visitor, or health care workers or would
21otherwise create a public health or safety problem.
22    (a-10) Notwithstanding subsection (a), a skilled nursing
23home, extended care facility, or intermediate care facility
24may prohibit an individual from visiting a resident or patient
25of the nursing home or facility if specific facts demonstrate
26that the individual would endanger his or her physical health

 

 

HB3503- 3 -LRB103 25522 CPF 51871 b

1or safety or the health or safety of a resident, patient, or
2health care worker of the nursing home or facility. Any denial
3of visitation under this subsection (a-10) shall be in writing
4and shall be provided to the individual and the resident or
5patient with whom the individual was denied visitation.
6    (a-15) Each skilled nursing home, extended care facility,
7and intermediate care facility shall:
8        (1) inform each resident of the nursing home or
9    facility (or that individual's representative) of the
10    resident's visitation rights and the nursing home or
11    facility's visitation-related policies and procedures,
12    including any clinical or safety-related restriction or
13    limitation on visitation rights, the reasons for the
14    restriction or limitation, and the persons to whom the
15    restriction or limitation may apply;
16        (2) inform each resident of the resident's right:
17            (A) to consent to receive designated visitors,
18        such as a spouse, including, without limitation, a
19        same-sex spouse; a domestic partner, including,
20        without limitation, a same-sex domestic partner;
21        another family member; or a friend; and
22            (B) to withdraw or deny that consent at any time;
23        (3) not restrict, limit, or otherwise deny visitation
24    privileges on the basis of race, color, national origin,
25    religion, sex, gender identity, sexual orientation, or
26    disability; and

 

 

HB3503- 4 -LRB103 25522 CPF 51871 b

1        (4) ensure that all of the resident's visitors enjoy
2    full and equal visitation privileges, consistent with the
3    resident's preferences.
4    (a-20) Notwithstanding subsection (a), during a period for
5which the Governor has issued a proclamation under Section 7
6of the Illinois Emergency Management Agency Act declaring that
7a disaster exists or in the event of an outbreak or epidemic of
8a communicable disease in the community in which the emergency
9department is located, an emergency department shall ensure an
10opportunity for at least one medical advocate to be present
11with a patient for the purposes of communication, care,
12consent, and advocacy on the patient's behalf. The medical
13advocate's presence shall be subject to the guidelines,
14conditions, and limitations of the emergency department's
15policies and any rules or guidelines established by the U.S.
16Centers for Medicare and Medicaid Services and the Centers for
17Disease Control and Prevention. Medical advocates under this
18subsection may be required by the emergency department to
19submit to health screenings necessary to prevent the spread of
20infectious disease. An emergency department may restrict
21facility access to a medical advocate who does not pass the
22emergency department's health screening requirement. An
23emergency department may require a medical advocate to adhere
24to infection control procedures, including, but not limited
25to, wearing personal protective equipment. An emergency
26department may deny a medical advocate's request to be present

 

 

HB3503- 5 -LRB103 25522 CPF 51871 b

1with a patient under this Act if it would endanger the physical
2health or safety of the patient, the medical advocate, or
3health care workers or would otherwise create a risk to public
4health or safety. In this subsection, "medical advocate" means
5a patient's health care power of attorney, a person who
6arrived at the emergency department with the patient, or any
7other person who can demonstrate that he or she has knowledge
8of the patient's medical condition or is otherwise authorized
9to make health care decisions for the patient.
10    (b) Except as provided in subsection (a-5), nothing in
11this Section shall be construed to further limit or restrict
12the right of visitation provided by other provisions of law or
13to restrict the ability of a health care facility to regulate
14hours of visitation, the number of visitors per patient, or
15the movement of visitors within the health care facility.
16    (c) For the purposes of this Section a "health care
17facility" does not include a developmental disability
18facility, a mental health facility or a mental health center.
19(Source: P.A. 102-989, eff. 5-27-22.)