Health & Healthcare Disparities Committee
Filed: 3/12/2009
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 528




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    AMENDMENT NO. ______. Amend House Bill 528  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Medical Patient Rights Act is amended  by 
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changing Section 5  and adding Sections 5.1 and 5.2 as follows:
 



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    (410 ILCS 50/5)



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    Sec. 5. Statement of hospital patient's rights. 


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    (a) Each patient admitted to a hospital, and the guardian 
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or authorized
representative or parent of a minor patient, 
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shall be given a written
statement of all the rights enumerated 
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in this Act, or a similar statement of
patients' rights 
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required of the hospital by the Joint Commission on

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Accreditation of Healthcare Organizations or a similar 
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accrediting
organization.  The statement shall be given at the 
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time of admission or as soon
thereafter as the condition of the 
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patient permits.

 


 






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    (b) If a patient is unable to read the written statement, a 
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hospital
shall make a reasonable effort to provide it to the 
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guardian or authorized
representative of the patient.
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    (c) The statement shall also include the right not to be 
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discriminated against by the hospital due to the patient's 
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race, color, or national origin where such characteristics are 
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not relevant to the patient's medical diagnosis and treatment.  
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The statement shall further provide each admitted patient or 
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the patient's representative or guardian with notice of how to 
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initiate a grievance regarding improper discrimination with 
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the hospital and how the patient may lodge a grievance with the 
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Illinois Department of Public Health regardless of whether the 
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patient has first used the hospital's grievance process.

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(Source: P.A. 88-56; 88-670, eff. 12-2-94.)

 
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    (410 ILCS 50/5.1 new)

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    Sec. 5.1. Discrimination grievance procedures. Upon 
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receipt of a grievance alleging unlawful discrimination on the 
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basis of race, color, or national origin, the hospital must 
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investigate the claim and work with the patient to address 
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valid or proven concerns in accordance with the hospital's 
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grievance process. At the conclusion of the hospital's 
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grievance process, the hospital shall inform the patient that 
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such grievances may be reported to the Illinois Department of 
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Public Health if not resolved to the patient's satisfaction at 
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the hospital level.
 
 


 






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    (410 ILCS 50/5.2 new)

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    Sec. 5.2. Emergency room anti-discrimination notice. Every 
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hospital shall post a sign next to or in close proximity of its 
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sign required by Section 489.20 (q)(1) of Title 42 of the  Code 
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of Federal Regulations stating the following:
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     "You have the right not to be discriminated against by the 
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hospital due to your race, color, or national origin if these 
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characteristics are unrelated to your diagnosis or treatment.  
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If you believe this right has been violated, please call 
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(insert number for hospital grievance officer)."
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".