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| | 10300SB3137sam001 | - 2 - | LRB103 36125 SPS 70024 a |
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| 1 | | program shall provide notice under this subsection in |
| 2 | | accordance with 42 CFR 2.15(b) and 45 CFR 164.502(g), as |
| 3 | | amended. For the purposes of this subsection, "personal |
| 4 | | representative" has the meaning set forth in 45 CFR |
| 5 | | 164.502(g). |
| 6 | | Section 10. The Mental Health and Developmental |
| 7 | | Disabilities Code is amended by adding Section 5-100.1 as |
| 8 | | follows: |
| 9 | | (405 ILCS 5/5-100.1 new) |
| 10 | | Sec. 5-100.1. Notice of death of patient. Any mental |
| 11 | | health or developmental disabilities facility operating in |
| 12 | | this State shall provide notice of the death of a recipient of |
| 13 | | services occurring in the facility to the personal |
| 14 | | representative of the recipient of services. The facility |
| 15 | | shall provide verbal notice to the personal representative of |
| 16 | | the recipient of services within 24 hours after the death of |
| 17 | | the recipient of services and shall provide written notice to |
| 18 | | the personal representative of the recipient of services |
| 19 | | within 5 days after the death of the recipient of services. The |
| 20 | | facility shall provide notice under this subsection in |
| 21 | | accordance with Sections 4 and 5 of the Mental Health and |
| 22 | | Developmental Disabilities Confidentiality Act and 45 CFR |
| 23 | | 164.502(g), as amended. For the purposes of this subsection, |
| 24 | | "personal representative" has the meaning set forth in 45 CFR |