State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


HB0423 Enrolled                                LRB9101290ACtm

 1        AN  ACT  to  amend the Hospital Licensing Act by amending
 2    Section 9 and adding Sections 6.14a, 6.14b, 6.14c, and 6.14d.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Hospital  Licensing  Act is amended by
 6    changing Section 9 and adding Sections 6.14a,  6.14b,  6.14c,
 7    and 6.14d as follows:

 8        (210 ILCS 85/6.14a new)
 9        Sec.   6.14a.   Public  disclosure  of  information.  The
10    following information is subject to disclosure to the  public
11    from the Department:
12        (1)  Information submitted under Section 5 of this Act;
13        (2)  Final   records   of   license   and   certification
14    inspections, surveys, and evaluations of hospitals; and
15        (3)  Investigated complaints filed against a hospital and
16    complaint  investigation  reports, except that a complaint or
17    complaint investigation report shall not be  disclosed  to  a
18    person   other   than   the   complainant   or  complainant's
19    representative before it is  disclosed  to  a  hospital,  and
20    except  that  a  complainant  or  patient's name shall not be
21    disclosed.
22        The Department  shall  disclose  information  under  this
23    Section  in  accordance  with  provisions  for inspection and
24    copying  of  public  records  required  by  the  Freedom   of
25    Information Act.
26        However,  the  disclosure  of  information  described  in
27    subsection  (1)  shall  not be restricted by any provision of
28    the Freedom of Information Act.
29        Notwithstanding any other  provision  of  law,  under  no
30    circumstances   shall  the  Department  disclose  information
31    obtained from a hospital that is confidential under  Part  21
HB0423 Enrolled             -2-                LRB9101290ACtm
 1    of Article 8 of the Code of Civil Procedure.
 2        Any  records  or  reports  of  inspections,  surveys,  or
 3    evaluations  of  hospitals  may  be  disclosed only after the
 4    acceptance of  a  plan  of  correction  by  the  Health  Care
 5    Financing Administration of the U.S. Department of Health and
 6    Human  Services  or the Department, as appropriate, or at the
 7    conclusion of any administrative review of  the  Department's
 8    decision, or at the conclusion of any judicial review of such
 9    administrative  decision.   Whenever  any record or report is
10    subject to disclosure  under  this  Section,  the  Department
11    shall  permit  the  hospital  to  provide a written statement
12    pertaining to such report which shall be included as part  of
13    the  information  to  be disclosed.  The Department shall not
14    divulge or disclose any record or report  in  a  manner  that
15    identifies  or would permit the identification of any natural
16    person.

17        (210 ILCS 85/6.14b new)
18        Sec. 6.14b. Confidentiality of patient records.
19        (a)  The Department shall respect the confidentiality  of
20    a  patient's  record  and  shall  not divulge or disclose the
21    contents of a record in a manner which identifies a  patient,
22    except  upon  a patient's death to a relative or guardian, as
23    permitted  by  law,  or  under  judicial  proceedings.   This
24    Section shall not be  construed  to  limit  the  right  of  a
25    patient to inspect or copy his or her records.
26        (b)  Confidential medical, social, personal, or financial
27    information  identifying a patient shall not be available for
28    public inspection in a manner which identifies a patient.

29        (210 ILCS 85/6.14c new)
30        Sec. 6.14c. Posting of information. Every hospital  shall
31    conspicuously  post  for  display  in  an area of its offices
32    accessible  to  patients,   employees,   and   visitors   the
HB0423 Enrolled             -3-                LRB9101290ACtm
 1    following:
 2        (1)  its current license;
 3        (2)  a   description,  provided  by  the  Department,  of
 4    complaint procedures established under this Act and the name,
 5    address, and telephone number of a person authorized  by  the
 6    Department to receive complaints;
 7        (3)  a  list  of  any  orders  pertaining to the hospital
 8    issued by the Department during the past year and  any  court
 9    orders  reviewing  such  Department  orders issued during the
10    past year; and
11        (4)  a  list  of  the  material  available   for   public
12    inspection under Section 6.14d.

13        (210 ILCS 85/6.14d new)
14        Sec.  6.14d. Materials available for public inspection. A
15    hospital shall retain for 5 years the  following  for  public
16    inspection:
17        (1)  a  complete copy of every final inspection report of
18    the hospital received from the Department; and
19        (2)  a copy  of  every  final  order  pertaining  to  the
20    hospital issued by the Department during the past 5 years and
21    any court orders reviewing such Department orders.

22        (210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
23        Sec.  9.  Inspections  and investigations. The Department
24    shall  make  or  cause  to  be  made  such  inspections   and
25    investigations as it deems necessary. Information received by
26    the  Department  through  filed  reports,  inspection,  or as
27    otherwise authorized under this Act shall  not  be  disclosed
28    publicly  in  such  manner  as  to  identify  individuals  or
29    hospitals,  except  (i) in a proceeding involving the denial,
30    suspension, or revocation of a permit to establish a hospital
31    or  a  proceeding  involving  the  denial,   suspension,   or
32    revocation  of  a  license  to  open,  conduct,  operate, and
HB0423 Enrolled             -4-                LRB9101290ACtm
 1    maintain a hospital, (ii) to the Department of  Children  and
 2    Family  Services  in  the  course of a child abuse or neglect
 3    investigation  conducted  by  that  Department  or   by   the
 4    Department of Public Health, (iii) in accordance with Section
 5    6.14a  of  this  Act, or (iv) (iii) in other circumstances as
 6    may be approved by the Hospital Licensing Board.
 7    (Source: P.A. 90-608, eff. 6-30-98.)

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