State of Illinois
91st General Assembly

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 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)  Records  of  license  and certification inspections,
14    surveys, and evaluations of hospitals and  other  reports  of
15    inspections, surveys, and evaluations of patient care;
16        (3)  Complaints  filed  against  a hospital and complaint
17    investigation reports, except that a complaint  or  complaint
18    investigation report shall not be disclosed to a person other
19    than  the  complainant or complainant's representative before
20    it is disclosed to a hospital, and except that a  complainant
21    or patient's name shall not be 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        (210 ILCS 85/6.14b new)
30        Sec. 6.14b. Confidentiality of patient records.
                            -2-                LRB9103854ACtm
 1        (a) The Department shall respect the confidentiality of a
 2    patient's  record  and  shall  not  divulge  or  disclose the
 3    contents of a record in a manner which identifies a  patient,
 4    except  upon  a  patient's death to a relative or guardian or
 5    under  judicial  proceedings.   This  Section  shall  not  be
 6    construed to limit the right of a patient to inspect or  copy
 7    his or her records.
 8        (b)  Confidential medical, social, personal, or financial
 9    information  identifying a patient shall not be available for
10    public inspection in a manner which identifies a patient.

11        (210 ILCS 85/6.14c new)
12        Sec. 6.14c. Posting of information. Every hospital  shall
13    conspicuously  post  for  display  in  an area of its offices
14    accessible  to  patient's,  employees,   and   visitors   the
15    following:
16        (1)  its current license;
17        (2)  a   description,  provided  by  the  Department,  of
18    complaint procedures established under this Act and the name,
19    address, and telephone number of a person authorized  by  the
20    Department to receive complaints;
21        (3)  A  copy  of  any  order  pertaining  to the hospital
22    issued by the Department or a court; and
23        (4)  A  list  of  the  material  available   for   public
24    inspection under Section 6.14d.

25        (210 ILCS 85/6.14d new)
26        Sec.  6.14d. Materials available for public inspection. A
27    hospital shall retain the following for public inspection:
28        (1)  a complete copy of every inspection  report  of  the
29    hospital  received  from  the  Department  during  the past 5
30    years;
31        (2)  a copy of every order  pertaining  to  the  hospital
32    issued by the Department or a court during the past 5 years;
                            -3-                LRB9103854ACtm
 1        (3)  a  description  of  the  services  provided  by  the
 2    hospital  and  the rates charged for those services and items
 3    for which a patient may be separately charged;
 4        (4)  a record of personnel employed or  retained  by  the
 5    hospital  who  are  licensed, certified, or registered by the
 6    Department of Professional Regulation.

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

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