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Sen. Karina Villa
Filed: 5/25/2024
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1 | | AMENDMENT TO HOUSE BILL 3521
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2 | | AMENDMENT NO. ______. Amend House Bill 3521, AS AMENDED, |
3 | | by replacing everything after the enacting clause with the |
4 | | following: |
5 | | "Section 5. The Hospital Licensing Act is amended by |
6 | | changing Section 9.6 as follows: |
7 | | (210 ILCS 85/9.6) |
8 | | Sec. 9.6. Patient protection from abuse. |
9 | | (a) No administrator, agent, or employee of a hospital or |
10 | | a hospital affiliate, or a member of a hospital's its medical |
11 | | staff , may abuse a patient in the hospital or in a facility |
12 | | operated by a hospital affiliate . |
13 | | (b) Any hospital administrator, agent, employee, or |
14 | | medical staff member , or an administrator, employee, or |
15 | | physician employed by a hospital affiliate, who has reasonable |
16 | | cause to believe that any patient with whom he or she has |
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1 | | direct contact has been subjected to abuse in the hospital or |
2 | | hospital affiliate shall promptly report or cause a report to |
3 | | be made to a designated hospital administrator responsible for |
4 | | providing such reports to the Department as required by this |
5 | | Section. |
6 | | (c) Retaliation against a person who lawfully and in good |
7 | | faith makes a report under this Section is prohibited. |
8 | | (d) Upon receiving a report under subsection (b) of this |
9 | | Section, the hospital or hospital affiliate shall submit the |
10 | | report to the Department within 24 hours of obtaining such |
11 | | report. In the event that the hospital receives multiple |
12 | | reports involving a single alleged instance of abuse, the |
13 | | hospital shall submit one report to the Department. |
14 | | (e) Upon receiving a report under this Section, the |
15 | | hospital or hospital affiliate shall promptly conduct an |
16 | | internal review to ensure the alleged victim's safety. |
17 | | Measures to protect the alleged victim shall be taken as |
18 | | deemed necessary by the hospital's administrator and may |
19 | | include, but are not limited to, removing suspected violators |
20 | | from further patient contact during the hospital's or hospital |
21 | | affiliate's internal review. If the alleged victim lacks |
22 | | decision-making capacity under the Health Care Surrogate Act |
23 | | and no health care surrogate is available, the hospital or |
24 | | hospital affiliate may contact the Illinois Guardianship and |
25 | | Advocacy Commission to determine the need for a temporary |
26 | | guardian of that person. |
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1 | | (f) All internal hospital and hospital affiliate reviews |
2 | | shall be conducted by a designated hospital employee or agent |
3 | | who is qualified to detect abuse and is not involved in the |
4 | | alleged victim's treatment. All internal review findings must |
5 | | be documented and filed according to hospital or hospital |
6 | | affiliate procedures and shall be made available to the |
7 | | Department upon request. |
8 | | (g) Any other person may make a report of patient abuse to |
9 | | the Department if that person has reasonable cause to believe |
10 | | that a patient has been abused in the hospital or hospital |
11 | | affiliate . |
12 | | (h) The report required under this Section shall include: |
13 | | the name of the patient; the name and address of the hospital |
14 | | or hospital affiliate treating the patient; the age of the |
15 | | patient; the nature of the patient's condition, including any |
16 | | evidence of previous injuries or disabilities; and any other |
17 | | information that the reporter believes might be helpful in |
18 | | establishing the cause of the reported abuse and the identity |
19 | | of the person believed to have caused the abuse. |
20 | | (i) Except for willful or wanton misconduct, any |
21 | | individual, person, institution, or agency participating in |
22 | | good faith in the making of a report under this Section, or in |
23 | | the investigation of such a report or in making a disclosure of |
24 | | information concerning reports of abuse under this Section, |
25 | | shall have immunity from any liability, whether civil, |
26 | | professional, or criminal, that otherwise might result by |
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1 | | reason of such actions. For the purpose of any proceedings, |
2 | | whether civil, professional, or criminal, the good faith of |
3 | | any persons required to report cases of suspected abuse under |
4 | | this Section or who disclose information concerning reports of |
5 | | abuse in compliance with this Section, shall be presumed. |
6 | | (j) No administrator, agent, or employee of a hospital or |
7 | | hospital affiliate shall adopt or employ practices or |
8 | | procedures designed to discourage good faith reporting of |
9 | | patient abuse under this Section. |
10 | | (k) Every hospital and hospital affiliate shall ensure |
11 | | that all new and existing employees are trained in the |
12 | | detection and reporting of abuse of patients and retrained at |
13 | | least every 2 years thereafter. |
14 | | (l) The Department shall investigate each report of |
15 | | patient abuse made under this Section according to the |
16 | | procedures of the Department, except that a report of abuse |
17 | | which indicates that a patient's life or safety is in imminent |
18 | | danger shall be investigated within 24 hours of such report. |
19 | | Under no circumstances may a hospital's or hospital |
20 | | affiliate's internal review of an allegation of abuse replace |
21 | | an investigation of the allegation by the Department. |
22 | | (m) The Department shall keep a continuing record of all |
23 | | reports made pursuant to this Section, including indications |
24 | | of the final determination of any investigation and the final |
25 | | disposition of all reports. The Department shall inform the |
26 | | investigated hospital or hospital affiliate and any other |
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1 | | person making a report under subsection (g) of its final |
2 | | determination or disposition in writing. |
3 | | (n) The Department shall not disclose to the public any |
4 | | information regarding any reports and investigations under |
5 | | this Section unless and until the report of abuse is |
6 | | substantiated following a full and proper investigation. |
7 | | (o) All patient identifiable information in any report or |
8 | | investigation under this Section shall be confidential and |
9 | | shall not be disclosed except as authorized by this Act or |
10 | | other applicable law. |
11 | | (p) Nothing in this Section relieves a hospital or |
12 | | hospital affiliate administrator, employee, agent, or medical |
13 | | staff member from contacting appropriate law enforcement |
14 | | authorities as required by law. |
15 | | (q) Nothing in this Section shall be construed to mean |
16 | | that a patient is a victim of abuse because of health care |
17 | | services provided or not provided by health care |
18 | | professionals. |
19 | | (r) Nothing in this Section shall require a hospital or |
20 | | hospital affiliate , including its employees, agents, and |
21 | | medical staff members, to provide any services to a patient in |
22 | | contravention of his or her stated or implied objection |
23 | | thereto upon grounds that such services conflict with his or |
24 | | her religious beliefs or practices, nor shall such a patient |
25 | | be considered abused under this Section for the exercise of |
26 | | such beliefs or practices. |
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1 | | (s) The Department's implementation of this Section is |
2 | | subject to appropriations to the Department for that purpose. |
3 | | (t) As used in this Section, the following terms have the |
4 | | following meanings: |
5 | | "Abuse" means any physical or mental injury or sexual |
6 | | abuse intentionally inflicted by a hospital or hospital |
7 | | affiliate employee, agent, or medical staff member on a |
8 | | patient of the hospital or hospital affiliate and does not |
9 | | include any hospital or hospital affiliate , medical, health |
10 | | care, or other personal care services done in good faith in the |
11 | | interest of the patient according to established medical and |
12 | | clinical standards of care. |
13 | | "Hospital affiliate" has the meaning given to that term in |
14 | | Section 10.8. |
15 | | "Mental injury" means intentionally caused emotional |
16 | | distress in a patient from words or gestures that would be |
17 | | considered by a reasonable person to be humiliating, |
18 | | harassing, or threatening and which causes observable and |
19 | | substantial impairment. |
20 | | "Sexual abuse" means any intentional act of sexual contact |
21 | | or sexual penetration of a patient in the hospital. |
22 | | "Substantiated", with respect to a report of abuse, means |
23 | | that a preponderance of the evidence indicates that abuse |
24 | | occurred. |
25 | | (Source: P.A. 96-692, eff. 1-1-10.)". |