Illinois General Assembly - Full Text of SB1405
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Full Text of SB1405  102nd General Assembly

SB1405enr 102ND GENERAL ASSEMBLY



 


 
SB1405 EnrolledLRB102 11182 KTG 16514 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. Nothing in this Act shall restrict the ability of a
17health care facility to regulate the hours of visitation, the
18number of visitors per patient or the movement of visitors
19within the facility.
20    (a-5) Notwithstanding subsection (a), during a period for
21which the Governor has issued a proclamation under Section 7
22of the Illinois Emergency Management Agency Act declaring that
23a disaster exists or in the event of an outbreak or epidemic of

 

 

SB1405 Enrolled- 2 -LRB102 11182 KTG 16514 b

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

 

 

SB1405 Enrolled- 3 -LRB102 11182 KTG 16514 b

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

 

 

SB1405 Enrolled- 4 -LRB102 11182 KTG 16514 b

1    privileges on the basis of race, color, national origin,
2    religion, sex, gender identity, sexual orientation, or
3    disability; and
4        (4) ensure that all of the resident's visitors enjoy
5    full and equal visitation privileges, consistent with the
6    resident's preferences.
7    (b) Except as provided in subsection (a-5), nothing
8Nothing in this Section shall be construed to further limit or
9restrict the right of visitation provided by other provisions
10of law or to restrict the ability of a health care facility to
11regulate hours of visitation, the number of visitors per
12patient, or the movement of visitors within the health care
13facility.
14    (c) For the purposes of this Section a "health care
15facility" does not include a developmental disability
16facility, a mental health facility or a mental health center.
17(Source: P.A. 87-651.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.