Public Act 097-0485
 
HB0279 EnrolledLRB097 06643 RPM 46729 b

    AN ACT concerning public health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Medical Patient Rights Act is amended by
changing Section 5 and adding Sections 5.1 and 5.2 as follows:
 
    (410 ILCS 50/5)
    Sec. 5. Statement of hospital patient's rights.
    (a) Each patient admitted to a hospital, and the guardian
or authorized representative or parent of a minor patient,
shall be given a written statement of all the rights enumerated
in this Act, or a similar statement of patients' rights
required of the hospital by the Joint Commission on
Accreditation of Healthcare Organizations or a similar
accrediting organization. The statement shall be given at the
time of admission or as soon thereafter as the condition of the
patient permits.
    (b) If a patient is unable to read the written statement, a
hospital shall make a reasonable effort to provide it to the
guardian or authorized representative of the patient.
    (c) The statement shall also include the right not to be
discriminated against by the hospital due to the patient's
race, color, or national origin where such characteristics are
not relevant to the patient's medical diagnosis and treatment.
The statement shall further provide each admitted patient or
the patient's representative or guardian with notice of how to
initiate a grievance regarding improper discrimination with
the hospital and how the patient may lodge a grievance with the
Illinois Department of Public Health and the Illinois
Department of Human Rights regardless of whether the patient
has first used the hospital's grievance process.
(Source: P.A. 88-56; 88-670, eff. 12-2-94.)
 
    (410 ILCS 50/5.1 new)
    Sec. 5.1. Discrimination grievance procedures. Upon
receipt of a grievance alleging unlawful discrimination on the
basis of race, color, or national origin, the hospital must
investigate the claim and work with the patient to address
valid or proven concerns in accordance with the hospital's
grievance process. At the conclusion of the hospital's
grievance process, the hospital shall inform the patient that
such grievances may be reported to the Illinois Department of
Public Health if not resolved to the patient's satisfaction at
the hospital level.
 
    (410 ILCS 50/5.2 new)
    Sec. 5.2. Emergency room anti-discrimination notice. Every
hospital shall post a sign next to or in close proximity of its
sign required by Section 489.20 (q)(1) of Title 42 of the Code
of Federal Regulations stating the following:
    "You have the right not to be discriminated against by the
hospital due to your race, color, or national origin if these
characteristics are unrelated to your diagnosis or treatment.
If you believe this right has been violated, please call
(insert number for hospital grievance officer).".
 
    Section 99. Effective date. This Act takes effect upon
becoming law.