HB4582 97TH GENERAL ASSEMBLY

LRB097 17823 DRJ 63040 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4582

Introduced 2/1/2012, by Rep. Donald L. Moffitt

SYNOPSIS AS INTRODUCED:

210 ILCS 85/6.08	from Ch. 111 1/2, par. 147.08
30 ILCS 805/8.36 new

Amends the Hospital Licensing Act. Makes changes in connection with required notification of emergency responders (paramedics, firefighters, police officers, and others) who have provided or are about to provide emergency care or life support services to a patient who has been diagnosed as having a reportable infectious disease (instead of a dangerous communicable or infectious disease). Adds persons who are entitled to notice and makes other changes with respect to designation of affected persons. Requires that notification letters be sent within 48 (instead of 72) hours after a confirmed diagnosis of an infectious disease. Deletes language limiting the requirement to send notification in the case of a confirmed diagnosis of AIDS. Deletes language imposing different requirements according to a municipality's population. Deletes language providing that a hospital may, in its discretion, take any measures in addition to those required in these provisions to notify police officers, firefighters, emergency medical technicians, and ambulance personnel of possible exposure to any communicable disease. Provides that certain provisions of the federal Ryan White HIV/AIDS Treatment Extension Act of 2009 (P.L. 111-87) concerning notification of possible exposure to infectious diseases apply to these provisions of the Hospital Licensing Act. Amends the State Mandates Act to require implementation without reimbursement by the State.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning regulation.

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 6.08 as follows:

(210 ILCS 85/6.08) (from Ch. 111 1/2, par. 147.08)

Sec. 6.08. (a) Every hospital shall provide notification as required in this Section to all emergency responders (including, but not limited to, paramedics, firefighters, emergency medical responders, emergency medical technicians, advanced emergency medical technicians, pre-hospital registered nurses, police officers, medical reserve corps members, and volunteers) police officers, firefighters, emergency medical technicians, and ambulance personnel who have provided or are about to provide emergency care or life support services to a patient who has been diagnosed as having a reportable dangerous communicable or infectious disease. Such notification shall not include the name of the patient, and the emergency services provider agency's Designated Officer agency and any person receiving such notification shall treat the information received as a confidential medical record. For purposes of this Section, "reportable infectious disease" or "reportable disease" means any disease identified as such by the Centers for Disease Control and Prevention.

(b) The Department shall establish by regulation a list of those communicable reportable diseases and conditions for which notification shall be provided.

(c) The hospital shall send the letter of notification to the emergency responder's Designated Officer within 48 72 hours after a confirmed diagnosis of any of the infectious communicable diseases listed by the Department pursuant to subsection (b). In addition, the hospital shall verbally notify the emergency responder's Designated Officer as soon as possible that the notification letter has been sent. , except confirmed diagnoses of Acquired Immunodeficiency Syndrome (AIDS). If there is a confirmed diagnosis of AIDS, the hospital shall send the letter of notification only if the police officers, firefighters, emergency medical technicians, or ambulance personnel have indicated on the ambulance run sheet that a reasonable possibility exists that they have had blood or body fluid contact with the patient, or if hospital personnel providing the notification have reason to know of a possible exposure.

(d) Notification letters shall be sent to the Designated Officer designated contact at the municipal or private provider agency agencies listed on the patient care report ambulance run sheet. Except in municipalities with a population over 1,000,000, a list attached to the ambulance run sheet must contain all municipal and private provider agency personnel who have provided any pre-hospital care immediately prior to transport. In municipalities with a population over 1,000,000, the ambulance run sheet must contain the company number or unit designation number for any fire department personnel who have provided any pre-hospital care immediately prior to transport. The letter shall contain identifiable information concerning each crew member who treated or transported the infected patient state the names of crew members listed on the attachment to the ambulance run sheet and the name of the infectious communicable disease diagnosed, but shall not contain the patient's name. Upon receipt of such notification letter, the applicable private provider agency's Designated Officer agency or the designated infectious disease control officer of a municipal fire department or fire protection district shall contact all personnel involved in the pre-hospital or inter-hospital care and transport of the patient.

Such notification letter shall contain the information described in may, but is not required to, consist of the following sample form:

NOTIFICATION LETTER

(NAME OF HOSPITAL)

(ADDRESS OF HOSPITAL )

TO:...... (Name of pre-hospital agency's Designated Officer Organization)

FROM:.....(Name of hospital's designated representative Infection Control Coordinator)

DATE:.....

As required by Section 6.08 of the Illinois Hospital Licensing Act, .....(name of hospital) is hereby providing notification that the following crew members or agencies transported or provided pre-hospital care to a patient on ..... (date), and the transported patient was later diagnosed as having .....(name of communicable disease): .....(list of crew members). The Hospital Licensing Act requires you to maintain this information as a confidential medical record. Disclosure of this information may therefore result in civil liability for the individual or company breaching the patient's confidentiality, or both.

If you have any questions regarding this patient, please contact me at .....(telephone number), between .....(hours). Questions regarding exposure or the financial aspects of obtaining medical care shall be handled through your agency's infection control plan should be directed to your employer.

(e) Upon discharge of a patient with an infectious a communicable disease to emergency responders personnel, the hospital shall notify the emergency responders personnel of appropriate precautions against the infectious communicable disease, but shall not identify the name of the disease.

(f) (Blank). The hospital may, in its discretion, take any measures in addition to those required in this Section to notify police officers, firefighters, emergency medical technicians, and ambulance personnel of possible exposure to any communicable disease. However, in all cases this information shall be maintained as a confidential medical record.

(g) Any person providing or failing to provide notification under the protocol required by this Section shall have immunity from any liability, either criminal or civil, that might result by reason of such action or inaction, unless such action or inaction is willful.

(h) Any person who willfully fails to provide any notification required pursuant to an applicable protocol which has been adopted and approved pursuant to this Section commits a petty offense, and shall be subject to a fine of $200 for the first offense, and $500 for a second or subsequent offense.

(i) Nothing in this Section shall preclude a civil action by an emergency responder a firefighter, emergency medical technician, or ambulance crew member against an emergency services provider agency, municipal fire department, or fire protection district that fails to inform the responder member in a timely fashion of the receipt of a notification letter.

(j) Part G of the Ryan White HIV/AIDS Treatment Extension Act of 2009 (P.L. 111-87, Sec. 13) applies to this Section.

(Source: P.A. 92-363, eff. 1-1-02.)

Section 90. The State Mandates Act is amended by adding Section 8.36 as follows:

(30 ILCS 805/8.36 new)

Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 97th General Assembly.