Rep. Kelly M. Cassidy
Filed: 5/14/2024
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1 | AMENDMENT TO HOUSE BILL 587 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 587 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
4 | "Section 5. The Hospital Licensing Act is amended by | ||||||
5 | changing Section 9.6 as follows: | ||||||
6 | (210 ILCS 85/9.6) | ||||||
7 | Sec. 9.6. Patient protection from abuse. | ||||||
8 | (a) No administrator, agent, or employee of a hospital or | ||||||
9 | a hospital affiliate, or a member of a hospital's its medical | ||||||
10 | staff , may abuse a patient in the hospital or in a facility | ||||||
11 | operated by a hospital affiliate . | ||||||
12 | (b) Any hospital administrator, agent, employee, or | ||||||
13 | medical staff member , or an administrator, employee, or | ||||||
14 | physician employed by a hospital affiliate, who has reasonable | ||||||
15 | cause to believe that any patient with whom he or she has | ||||||
16 | direct contact has been subjected to abuse in the hospital or |
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1 | hospital affiliate shall promptly report or cause a report to | ||||||
2 | be made to a designated hospital administrator responsible for | ||||||
3 | providing such reports to the Department as required by this | ||||||
4 | Section. | ||||||
5 | (c) Retaliation against a person who lawfully and in good | ||||||
6 | faith makes a report under this Section is prohibited. | ||||||
7 | (d) Upon receiving a report under subsection (b) of this | ||||||
8 | Section, the hospital or hospital affiliate shall submit the | ||||||
9 | report to the Department within 24 hours of obtaining such | ||||||
10 | report. In the event that the hospital receives multiple | ||||||
11 | reports involving a single alleged instance of abuse, the | ||||||
12 | hospital shall submit one report to the Department. | ||||||
13 | (e) Upon receiving a report under this Section, the | ||||||
14 | hospital or hospital affiliate shall promptly conduct an | ||||||
15 | internal review to ensure the alleged victim's safety. | ||||||
16 | Measures to protect the alleged victim shall be taken as | ||||||
17 | deemed necessary by the hospital's administrator and may | ||||||
18 | include, but are not limited to, removing suspected violators | ||||||
19 | from further patient contact during the hospital's or hospital | ||||||
20 | affiliate's internal review. If the alleged victim lacks | ||||||
21 | decision-making capacity under the Health Care Surrogate Act | ||||||
22 | and no health care surrogate is available, the hospital or | ||||||
23 | hospital affiliate may contact the Illinois Guardianship and | ||||||
24 | Advocacy Commission to determine the need for a temporary | ||||||
25 | guardian of that person. | ||||||
26 | (f) All internal hospital and hospital affiliate reviews |
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1 | shall be conducted by a designated hospital employee or agent | ||||||
2 | who is qualified to detect abuse and is not involved in the | ||||||
3 | alleged victim's treatment. All internal review findings must | ||||||
4 | be documented and filed according to hospital or hospital | ||||||
5 | affiliate procedures and shall be made available to the | ||||||
6 | Department upon request. | ||||||
7 | (g) Any other person may make a report of patient abuse to | ||||||
8 | the Department if that person has reasonable cause to believe | ||||||
9 | that a patient has been abused in the hospital or hospital | ||||||
10 | affiliate . | ||||||
11 | (h) The report required under this Section shall include: | ||||||
12 | the name of the patient; the name and address of the hospital | ||||||
13 | or hospital affiliate treating the patient; the age of the | ||||||
14 | patient; the nature of the patient's condition, including any | ||||||
15 | evidence of previous injuries or disabilities; and any other | ||||||
16 | information that the reporter believes might be helpful in | ||||||
17 | establishing the cause of the reported abuse and the identity | ||||||
18 | of the person believed to have caused the abuse. | ||||||
19 | (i) Except for willful or wanton misconduct, any | ||||||
20 | individual, person, institution, or agency participating in | ||||||
21 | good faith in the making of a report under this Section, or in | ||||||
22 | the investigation of such a report or in making a disclosure of | ||||||
23 | information concerning reports of abuse under this Section, | ||||||
24 | shall have immunity from any liability, whether civil, | ||||||
25 | professional, or criminal, that otherwise might result by | ||||||
26 | reason of such actions. For the purpose of any proceedings, |
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1 | whether civil, professional, or criminal, the good faith of | ||||||
2 | any persons required to report cases of suspected abuse under | ||||||
3 | this Section or who disclose information concerning reports of | ||||||
4 | abuse in compliance with this Section, shall be presumed. | ||||||
5 | (j) No administrator, agent, or employee of a hospital or | ||||||
6 | hospital affiliate shall adopt or employ practices or | ||||||
7 | procedures designed to discourage good faith reporting of | ||||||
8 | patient abuse under this Section. | ||||||
9 | (k) Every hospital and hospital affiliate shall ensure | ||||||
10 | that all new and existing employees are trained in the | ||||||
11 | detection and reporting of abuse of patients and retrained at | ||||||
12 | least every 2 years thereafter. | ||||||
13 | (l) The Department shall investigate each report of | ||||||
14 | patient abuse made under this Section according to the | ||||||
15 | procedures of the Department, except that a report of abuse | ||||||
16 | which indicates that a patient's life or safety is in imminent | ||||||
17 | danger shall be investigated within 24 hours of such report. | ||||||
18 | Under no circumstances may a hospital's or hospital | ||||||
19 | affiliate's internal review of an allegation of abuse replace | ||||||
20 | an investigation of the allegation by the Department. | ||||||
21 | (m) The Department shall keep a continuing record of all | ||||||
22 | reports made pursuant to this Section, including indications | ||||||
23 | of the final determination of any investigation and the final | ||||||
24 | disposition of all reports. The Department shall inform the | ||||||
25 | investigated hospital or hospital affiliate and any other | ||||||
26 | person making a report under subsection (g) of its final |
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1 | determination or disposition in writing. | ||||||
2 | (n) The Department shall not disclose to the public any | ||||||
3 | information regarding any reports and investigations under | ||||||
4 | this Section unless and until the report of abuse is | ||||||
5 | substantiated following a full and proper investigation. | ||||||
6 | (o) All patient identifiable information in any report or | ||||||
7 | investigation under this Section shall be confidential and | ||||||
8 | shall not be disclosed except as authorized by this Act or | ||||||
9 | other applicable law. | ||||||
10 | (p) Nothing in this Section relieves a hospital or | ||||||
11 | hospital affiliate administrator, employee, agent, or medical | ||||||
12 | staff member from contacting appropriate law enforcement | ||||||
13 | authorities as required by law. | ||||||
14 | (q) Nothing in this Section shall be construed to mean | ||||||
15 | that a patient is a victim of abuse because of health care | ||||||
16 | services provided or not provided by health care | ||||||
17 | professionals. | ||||||
18 | (r) Nothing in this Section shall require a hospital or | ||||||
19 | hospital affiliate , including its employees, agents, and | ||||||
20 | medical staff members, to provide any services to a patient in | ||||||
21 | contravention of his or her stated or implied objection | ||||||
22 | thereto upon grounds that such services conflict with his or | ||||||
23 | her religious beliefs or practices, nor shall such a patient | ||||||
24 | be considered abused under this Section for the exercise of | ||||||
25 | such beliefs or practices. | ||||||
26 | (s) The Department's implementation of this Section is |
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1 | subject to appropriations to the Department for that purpose. | ||||||
2 | (t) As used in this Section, the following terms have the | ||||||
3 | following meanings: | ||||||
4 | "Abuse" means any physical or mental injury or sexual | ||||||
5 | abuse intentionally inflicted by a hospital or hospital | ||||||
6 | affiliate employee, agent, or medical staff member on a | ||||||
7 | patient of the hospital or hospital affiliate and does not | ||||||
8 | include any hospital or hospital affiliate , medical, health | ||||||
9 | care, or other personal care services done in good faith in the | ||||||
10 | interest of the patient according to established medical and | ||||||
11 | clinical standards of care. | ||||||
12 | "Hospital affiliate" has the meaning given to that term in | ||||||
13 | Section 10.8. | ||||||
14 | "Mental injury" means intentionally caused emotional | ||||||
15 | distress in a patient from words or gestures that would be | ||||||
16 | considered by a reasonable person to be humiliating, | ||||||
17 | harassing, or threatening and which causes observable and | ||||||
18 | substantial impairment. | ||||||
19 | "Sexual abuse" means any intentional act of sexual contact | ||||||
20 | or sexual penetration of a patient in the hospital. | ||||||
21 | "Substantiated", with respect to a report of abuse, means | ||||||
22 | that a preponderance of the evidence indicates that abuse | ||||||
23 | occurred. | ||||||
24 | (Source: P.A. 96-692, eff. 1-1-10.)". |