093_HB3002
LRB093 07466 AMC 07637 b
1 AN ACT concerning nursing homes.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Nursing Home Care Act is amended by
5 adding Section 2-105.1 as follows:
6 (210 ILCS 45/2-105.1 new)
7 Sec. 2-105.1. Privacy of records. A resident and
8 relatives of a resident have the right to keep their medical
9 records private. If a facility closes, the owner of the
10 facility may be held liable if a resident's medical records
11 are not correctly transferred to (i) another facility, (ii)
12 the resident, or (iii) the resident's relative or guardian.
13 If the medical records are for a deceased former resident,
14 the records shall be transferred to the resident's relative
15 or guardian. Notwithstanding any other penalty provided in
16 this Act, a facility that has violated or compromised the
17 privacy of a resident's medical record shall be subject to
18 the same penalties as those imposed under the federal Health
19 Insurance Portability and Accountability Act.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.