Illinois General Assembly - Full Text of SB1405
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Full Text of SB1405  102nd General Assembly


Rep. Chris Bos

Filed: 3/30/2022





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2    AMENDMENT NO. ______. Amend Senate Bill 1405 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Medical Patient Rights Act is amended by
5changing Section 3.2 as follows:
6    (410 ILCS 50/3.2)  (from Ch. 111 1/2, par. 5403.2)
7    Sec. 3.2. Visitation rights, policies, and procedures.
8    (a) Every health care facility in this State shall permit
9visitation by any person or persons designated by a patient
10who is 18 years of age or older and who is allowed rights of
11visitation unless (1) the facility does not allow any
12visitation for a patient or patients, or (2) the facility or
13the patient's physician determines that visitation would
14endanger the physical health or safety of a patient or
15visitor, or would interfere with the operations of the
16facility. Nothing in this Act shall restrict the ability of a



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1health care facility to regulate the hours of visitation, the
2number of visitors per patient or the movement of visitors
3within the facility.
4    (a-5) Notwithstanding subsection (a), during a period for
5which the Governor has issued a proclamation under Section 7
6of the Illinois Emergency Management Agency Act declaring that
7a disaster exists or in the event of an outbreak or epidemic of
8a communicable disease in the community in which the health
9care facility is located, a health care facility shall ensure
10an opportunity for at least one visitor to visit a resident or
11patient of the health care facility. A health care facility
12shall not count a clergy member toward any limit on the number
13of visitors permitted to visit a resident or patient at one
14time and shall permit a clergy member to visit with a resident
15or patient in addition to the permitted number of visitors.
16Visitation shall be subject to the guidelines, conditions, and
17limitations of the health care facility's visitation policy
18and any rules or guidelines established by the U.S. Centers
19for Medicare and Medicaid Services and the Centers for Disease
20Control and Prevention.
21    Visitors under this subsection may be required by the
22health care facility to submit to health screenings necessary
23to prevent the spread of infectious disease. A health care
24facility may restrict facility access to a visitor who does
25not pass its health screening requirement. A health care
26facility may require a visitor to adhere to infection control



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1procedures, including wearing personal protective equipment. A
2health care facility may deny visitation under this Act if
3visitation would endanger the physical health or safety of a
4patient, the visitor, or health care workers or would
5otherwise create a public health or safety problem.
6    (a-10) Notwithstanding subsection (a), a skilled nursing
7home, extended care facility, or intermediate care facility
8may prohibit an individual from visiting a resident or patient
9of the nursing home or facility if specific facts demonstrate
10that the individual would endanger his or her physical health
11or safety or the health or safety of a resident, patient, or
12health care worker of the nursing home or facility. Any denial
13of visitation under this subsection (a-10) shall be in writing
14and shall be provided to the individual and the resident or
15patient with whom the individual was denied visitation.
16    (a-15) Each skilled nursing home, extended care facility,
17and intermediate care facility shall:
18        (1) inform each resident of the nursing home or
19    facility (or that individual's representative) of the
20    resident's visitation rights and the nursing home or
21    facility's visitation-related policies and procedures,
22    including any clinical or safety-related restriction or
23    limitation on visitation rights, the reasons for the
24    restriction or limitation, and the persons to whom the
25    restriction or limitation may apply;
26        (2) inform each resident of the resident's right:



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1            (A) to consent to receive designated visitors,
2        such as a spouse, including, without limitation, a
3        same-sex spouse; a domestic partner, including,
4        without limitation, a same-sex domestic partner;
5        another family member; or a friend; and
6            (B) to withdraw or deny that consent at any time;
7        (3) not restrict, limit, or otherwise deny visitation
8    privileges on the basis of race, color, national origin,
9    religion, sex, gender identity, sexual orientation, or
10    disability; and
11        (4) ensure that all of the resident's visitors enjoy
12    full and equal visitation privileges, consistent with the
13    resident's preferences.
14    (b) Except as provided in subsection (a-5), nothing
15Nothing in this Section shall be construed to further limit or
16restrict the right of visitation provided by other provisions
17of law or to restrict the ability of a health care facility to
18regulate hours of visitation, the number of visitors per
19patient, or the movement of visitors within the health care
21    (c) For the purposes of this Section a "health care
22facility" does not include a developmental disability
23facility, a mental health facility or a mental health center.
24(Source: P.A. 87-651.)
25    Section 99. Effective date. This Act takes effect upon



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1becoming law.".