Sen. Laura Fine

Filed: 2/28/2024

 

 


 

 


 
10300SB3137sam001LRB103 36125 SPS 70024 a

1
AMENDMENT TO SENATE BILL 3137

2    AMENDMENT NO. ______. Amend Senate Bill 3137 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as Jordan's Law.
 
5    Section 5. The Substance Use Disorder Act is amended by
6adding Section 55-45 as follows:
 
7    (20 ILCS 301/55-45 new)
8    Sec. 55-45. Notice of death of patient. Any program
9operating in this State shall provide notice of the death of a
10patient occurring in the program to the personal
11representative of the patient. The program shall provide
12verbal notice to the personal representative of the patient
13within 24 hours after the death of the patient and shall
14provide written notice to the personal representative of the
15patient within 5 days after the death of the patient. The

 

 

10300SB3137sam001- 2 -LRB103 36125 SPS 70024 a

1program shall provide notice under this subsection in
2accordance with 42 CFR 2.15(b) and 45 CFR 164.502(g), as
3amended. For the purposes of this subsection, "personal
4representative" has the meaning set forth in 45 CFR
5164.502(g).
 
6    Section 10. The Mental Health and Developmental
7Disabilities Code is amended by adding Section 5-100.1 as
8follows:
 
9    (405 ILCS 5/5-100.1 new)
10    Sec. 5-100.1. Notice of death of patient. Any mental
11health or developmental disabilities facility operating in
12this State shall provide notice of the death of a recipient of
13services occurring in the facility to the personal
14representative of the recipient of services. The facility
15shall provide verbal notice to the personal representative of
16the recipient of services within 24 hours after the death of
17the recipient of services and shall provide written notice to
18the personal representative of the recipient of services
19within 5 days after the death of the recipient of services. The
20facility shall provide notice under this subsection in
21accordance with Sections 4 and 5 of the Mental Health and
22Developmental Disabilities Confidentiality Act and 45 CFR
23164.502(g), as amended. For the purposes of this subsection,
24"personal representative" has the meaning set forth in 45 CFR

 

 

10300SB3137sam001- 3 -LRB103 36125 SPS 70024 a

1164.502(g).
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".