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91_SB0563sam001
LRB9105750JSpcam
1 AMENDMENT TO SENATE BILL 563
2 AMENDMENT NO. . Amend Senate Bill 563 by replacing
3 the title with the following:
4 "AN ACT to amend the Hospital Licensing Act by changing
5 Section 9 and adding Sections 6.14a, 6.14b, 6.14c, and
6 6.14d."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Hospital Licensing Act is amended by
10 changing Section 9 and adding Sections 6.14a, 6.14b, 6.14c,
11 and 6.14d as follows:
12 (210 ILCS 85/6.14a new)
13 Sec. 6.14a. Public disclosure of information. The
14 following information is subject to disclosure to the public
15 from the Department:
16 (1) Information submitted under Section 5 of this Act;
17 (2) Final records of license and certification
18 inspections, surveys, and evaluations of hospitals;
19 (3) Investigated complaints filed against a hospital and
20 complaint investigation reports, except that a complaint or
21 complaint investigation report shall not be disclosed to a
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1 person other than the complainant or complainant's
2 representative before it is disclosed to a hospital, and
3 except that a complainant or patient's name shall not be
4 disclosed.
5 The Department shall disclose information under this
6 Section in accordance with provisions for inspection and
7 copying of public records required by the Freedom of
8 Information Act.
9 However, the disclosure of information described in
10 subsection (1) shall not be restricted by any provision of
11 the Freedom of Information Act.
12 Notwithstanding any other provision of law, under no
13 circumstances shall the Department disclose information
14 obtained from a hospital that is confidential under Part 21
15 of Article 8 of the Code of Civil Procedure.
16 Any records or reports of inspections, surveys, or
17 evaluations of hospitals may be disclosed only after the
18 acceptance of a plan of correction by the Health Care
19 Financing Administration of the U.S. Department of Health and
20 Human Services or the Department, as appropriate, or at the
21 conclusion of any administrative review of the Department's
22 decision, or at the conclusion of any judicial review of such
23 administrative decision. Whenever any record or report is
24 subject to disclosure under this Section, the Department
25 shall permit the hospital to provide a written statement
26 pertaining to such report which shall be included as part of
27 the information to be disclosed. The Department shall not
28 divulge or disclose any record or report in a manner that
29 identifies or would permit the identification of any natural
30 person.
31 (210 ILCS 85/6.14b new)
32 Sec. 6.14b. Confidentiality of patient records.
33 (a) The Department shall respect the confidentiality of
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1 a patient's record and shall not divulge or disclose the
2 contents of a record in a manner which identifies a patient,
3 except upon a patient's death to a relative or guardian, as
4 permitted by law, or under judicial proceedings. This
5 Section shall not be construed to limit the right of a
6 patient to inspect or copy his or her records.
7 (b) Confidential medical, social, personal, or financial
8 information identifying a patient shall not be available for
9 public inspection in a manner which identifies a patient.
10 (210 ILCS 85/6.14c new)
11 Sec. 6.14c. Posting of information. Every hospital shall
12 conspicuously post for display in an area of its offices
13 accessible to patient's, employees, and visitors the
14 following:
15 (1) its current license;
16 (2) a description, provided by the Department, of
17 complaint procedures established under this Act and the name,
18 address, and telephone number of a person authorized by the
19 Department to receive complaints;
20 (3) A list of any orders pertaining to the hospital
21 issued by the Department during the past year and any court
22 orders reviewing such Department orders issued during the
23 past year; and
24 (4) A list of the material available for public
25 inspection under Section 6.14d.
26 (210 ILCS 85/6.14d new)
27 Sec. 6.14d. Materials available for public inspection. A
28 hospital shall retain for 5 years the following for public
29 inspection:
30 (1) a complete copy of every final inspection report of
31 the hospital received from the Department; and
32 (2) a copy of every final order pertaining to the
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1 hospital issued by the Department during the past 5 years and
2 any court orders reviewing such Department orders.
3 (210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
4 Sec. 9. Inspections and investigations. The Department
5 shall make or cause to be made such inspections and
6 investigations as it deems necessary. Information received by
7 the Department through filed reports, inspection, or as
8 otherwise authorized under this Act shall not be disclosed
9 publicly in such manner as to identify individuals or
10 hospitals, except (i) in a proceeding involving the denial,
11 suspension, or revocation of a permit to establish a hospital
12 or a proceeding involving the denial, suspension, or
13 revocation of a license to open, conduct, operate, and
14 maintain a hospital, (ii) to the Department of Children and
15 Family Services in the course of a child abuse or neglect
16 investigation conducted by that Department or by the
17 Department of Public Health, (iii) in accordance with Section
18 6.14a of this Act, or (iv) (iii) in other circumstances as
19 may be approved by the Hospital Licensing Board.
20 (Source: P.A. 90-608, eff. 6-30-98.)".