SB3137enr 103RD GENERAL ASSEMBLY

SB3137 Enrolled

LRB103 36125 SPS 66216 b

1 AN ACT concerning health.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. This Act may be referred to as Jordan's Law.

5 Section 5. The Substance Use Disorder Act is amended by

6 adding Section 55-45 as follows:

7 (20 ILCS 301/55-45 new)

8 Sec. 55-45. Notice of death of patient. Any licensed

9 facility operating in this State shall provide notice of the

10 death of a patient occurring in the facility to the personal

11 representative, if known, of the patient as specified in this

12 Section. The facility shall attempt to provide verbal notice

13 to the personal representative, if known, of the patient

14 within 24 hours after the death of the patient and shall

15 provide written notice to the personal representative, if

16 known, of the patient within 5 days after the death of the

17 patient. The facility shall provide notice under this

18 subsection in accordance with 42 CFR 2.15(b) and 45 CFR

19 164.502(g), as amended. For the purposes of this subsection,

20 "personal representative" has the meaning set forth in 45 CFR

21 164.502(g).

SB3137 Enrolled

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LRB103 36125 SPS 66216 b

1 Section 10. The Mental Health and Developmental

2 Disabilities Code is amended by adding Section 5-100.1 as

3 follows:

4 (405 ILCS 5/5-100.1 new)

5 Sec. 5-100.1. Notice of death of patient. Any mental

6 health or developmental disabilities facility operating in

7 this State shall provide notice of the death of a recipient of

8 services occurring in the facility to the personal

9 representative, if known, of the recipient of services as

10 specified in this Section. The facility shall attempt to

11 provide verbal notice to the personal representative, if

12 known, of the recipient of services within 24 hours after the

13 death of the recipient of services and shall provide written

14 notice to the personal representative, if known, of the

15 recipient of services within 5 days after the death of the

16 recipient of services. The facility shall provide notice under

17 this subsection in accordance with Sections 4 and 5 of the

18 Mental Health and Developmental Disabilities Confidentiality

19 Act and 45 CFR 164.502(g), as amended. For the purposes of this

20 subsection, "personal representative" has the meaning set

21 forth in 45 CFR 164.502(g).

22 Section 99. Effective date. This Act takes effect upon

23 becoming law.