HB3649 96TH GENERAL ASSEMBLY

LRB096 09384 DRJ 21774 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3649

Introduced 2/24/2009, by Rep. Kathleen A. Ryg

SYNOPSIS AS INTRODUCED:

210 ILCS 85/9	from Ch. 111 1/2, par. 150
210 ILCS 85/9.6 new

Amends the Hospital Licensing Act. Provides that the Department of Public Health shall investigate every allegation of abuse or neglect of a patient received by the Department. Provides that no administrator, agent, or employee of a hospital or a member of its medical staff may abuse or neglect a patient in the hospital, and provides that any hospital administrator, agent, employee, or medical staff member who has reasonable cause to believe that any patient with whom he or she has direct contact has been subjected to abuse or neglect in the hospital shall promptly report or cause a report to be made to a designated hospital administrator responsible for providing such reports to the Department of Public Health. Sets forth other provisions concerning protection of hospital patients from abuse and neglect. Provides that if no health care surrogate is available for a patient who lacks decision-making capacity, then the hospital may contact the Guardianship and Advocacy Commission to determine the need for a temporary guardian of the person.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Hospital Licensing Act is amended by changing Section 9 and by adding Section 9.6 as follows:

(210 ILCS 85/9) (from Ch. 111 1/2, par. 150)

Sec. 9. Inspections and investigations. The Department shall make or cause to be made such inspections and investigations as it deems necessary, except that the Department shall investigate every allegation of abuse or neglect of a patient received by the Department. Information received by the Department through filed reports, inspection, or as otherwise authorized under this Act shall not be disclosed publicly in such manner as to identify individuals or hospitals, except (i) in a proceeding involving the denial, suspension, or revocation of a permit to establish a hospital or a proceeding involving the denial, suspension, or revocation of a license to open, conduct, operate, and maintain a hospital, (ii) to the Department of Children and Family Services in the course of a child abuse or neglect investigation conducted by that Department or by the Department of Public Health, (iii) in accordance with Section 6.14a of this Act, or (iv) in other circumstances as may be approved by the Hospital Licensing Board.

(Source: P.A. 90-608, eff. 6-30-98; 91-242, eff. 1-1-00.)

(210 ILCS 85/9.6 new)

Sec. 9.6. Patient protection from abuse and neglect.

(a) No administrator, agent, or employee of a hospital or a member of its medical staff may abuse or neglect a patient in the hospital.

(b) Any hospital administrator, agent, employee, or medical staff member who has reasonable cause to believe that any patient with whom he or she has direct contact has been subjected to abuse or neglect in the hospital shall promptly report or cause a report to be made to a designated hospital administrator responsible for providing such reports to the Department as required by this Section.

(c) Retaliation against a person who lawfully and in good faith makes a report under this Section is prohibited.

(d) Upon receiving a report under subsection (b) of this Section, the hospital shall submit the report to the Department within 24 hours of obtaining such report. In the event that the hospital receives multiple reports involving a single alleged instance of abuse or neglect, the hospital shall submit one report to the Department.

(e) Upon receiving a report under this Section, the hospital shall promptly conduct an internal review to ensure the alleged victim's safety. Measures to protect the alleged victim shall be taken as deemed necessary by the hospital's administrator and may include, but are not limited to, removing suspected violators from further patient contact during the hospital's internal review. If the alleged victim lacks decision-making capacity under the Health Care Surrogate Act and no health care surrogate is available, the hospital may contact the Illinois Guardianship and Advocacy Commission to determine the need for a temporary guardian of that person.

(f) All internal hospital reviews shall be conducted by a designated hospital employee or agent who is qualified to detect abuse and neglect and is not involved in the alleged victim's treatment. All internal review findings must be documented and filed according to hospital procedures and shall be made available to the Department upon request. All internal review findings involving eligible persons, as defined in the Guardianship and Advocacy Act, shall also be made available, subject to confidentiality requirements, to the Human Rights Authority division of the Guardianship and Advocacy Commission and the agency designated by the Governor under Section 1 of the Protection and Advocacy for Developmentally Disabled Persons Act upon request in the course of monitoring or investigating abuse or neglect.

(g) Any other person may make a report of patient abuse or neglect to the Department if that person has reasonable cause to believe that a patient has been abused or neglected in the hospital.

(h) The report required under this Section shall include: the name of the patient; the name and address of the hospital treating the patient; the age of the patient; the nature of the patient's condition, including any evidence of previous injuries or disabilities; and any other information that the reporter believes might be helpful in establishing the cause of the reported abuse or neglect and the identity of the person believed to have caused the abuse or neglect.

(i) Except for wilful and wanton misconduct, any individual, person, institution, or agency participating in good faith in the making of a report under this Section, or in the investigation of such a report or in making a disclosure of information concerning reports of abuse or neglect under this Section, shall have immunity from any liability, whether civil, professional, or criminal, that otherwise might result by reason of such actions.

(j) No administrator, agent, or employee of a hospital shall adopt or employ practices or procedures designed to discourage good faith reporting of patient abuse or neglect under this Section.

(k) Every hospital shall ensure that all employees are trained in the detection and reporting of abuse and neglect of patients within one month after being hired and retrained at least every 2 years thereafter. Every hospital shall ensure that all persons employed at the hospital on the effective date of this amendatory Act of the 96th General Assembly are trained in the detection and reporting of abuse and neglect of patients within 90 days after the effective date of this amendatory Act of the 96th General Assembly and retrained at least every 2 years thereafter.

(l) The Department shall investigate each report of patient abuse or neglect made under this Section according to the procedures of the Department, except that a report of abuse or neglect which indicates that a patient's life or safety is in imminent danger shall be investigated within 24 hours of such report. Under no circumstances may a hospital's internal review of an allegation of abuse or neglect replace an investigation of the allegation by the Department.

(m) The Department shall keep a continuing record of all reports made pursuant to this Section, including indications of the final determination of any investigation and the final disposition of all reports. The Department shall inform the investigated hospital and any other person making a report under subsection (g) of its final determination or disposition in writing.

(n) The Department shall not disclose to the public any information regarding any reports and investigations under this Section unless and until the report of abuse or neglect is substantiated following a full and proper investigation.

(o) All patient identifiable information in any report or investigation under this Section shall be confidential and shall not be disclosed except as authorized by this Act or other applicable law.

(p) Nothing in this Section relieves a hospital administrator, employee, agent, or medical staff member from contacting appropriate law enforcement authorities as required by law.

(q) Nothing in this Section shall be construed to mean that a patient is a victim of abuse or neglect because of health care services provided or not provided by health care professionals.

(r) Nothing in this Section shall require a hospital, including its employees, agents, and medical staff members, to provide any services to a patient in contravention of his or her stated or implied objection thereto upon grounds that such services conflict with his or her religious beliefs or practices, nor shall such a patient be considered abused under this Section for the exercise of such beliefs or practices.

(s) As used in this Section, the following terms have the following meanings:

"Abuse" means any physical or mental injury or sexual abuse intentionally inflicted by a hospital employee, agent, or medical staff member on a patient of the hospital and does not include any hospital, medical, health care, or other personal care services done in good faith in the interest of the patient according to established medical and clinical standards of care.

"Mental injury" means intentionally caused emotional distress in a patient from words or gestures that would be considered by a reasonable person to be humiliating, harassing, or threatening and which causes observable and substantial impairment.

"Neglect" means the failure by a hospital employee, agent, or medical staff member to provide nutrition, hydration, hygiene, or supervision that is necessary to maintain the health and safety of a patient of the hospital. The term does not include care refused by a patient of the hospital, nor does it include any hospital care, medical care, health care, or other personal care services provided in good faith in the interest of the patient according to established medical and clinical standards of care.

"Sexual abuse" means any intentional act of sexual contact or sexual penetration of a patient in the hospital.

"Substantiated", with respect to a report of abuse or neglect, means that a preponderance of the evidence indicates that abuse or neglect occurred.