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Public Act 91-0242
HB0423 Enrolled LRB9101290ACtm
AN ACT to amend the Hospital Licensing Act by amending
Section 9 and adding Sections 6.14a, 6.14b, 6.14c, and 6.14d.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Hospital Licensing Act is amended by
changing Section 9 and adding Sections 6.14a, 6.14b, 6.14c,
and 6.14d as follows:
(210 ILCS 85/6.14a new)
Sec. 6.14a. Public disclosure of information. The
following information is subject to disclosure to the public
from the Department:
(1) Information submitted under Section 5 of this Act;
(2) Final records of license and certification
inspections, surveys, and evaluations of hospitals; and
(3) Investigated complaints filed against a hospital and
complaint investigation reports, except that a complaint or
complaint investigation report shall not be disclosed to a
person other than the complainant or complainant's
representative before it is disclosed to a hospital, and
except that a complainant or patient's name shall not be
disclosed.
The Department shall disclose information under this
Section in accordance with provisions for inspection and
copying of public records required by the Freedom of
Information Act.
However, the disclosure of information described in
subsection (1) shall not be restricted by any provision of
the Freedom of Information Act.
Notwithstanding any other provision of law, under no
circumstances shall the Department disclose information
obtained from a hospital that is confidential under Part 21
of Article 8 of the Code of Civil Procedure.
Any records or reports of inspections, surveys, or
evaluations of hospitals may be disclosed only after the
acceptance of a plan of correction by the Health Care
Financing Administration of the U.S. Department of Health and
Human Services or the Department, as appropriate, or at the
conclusion of any administrative review of the Department's
decision, or at the conclusion of any judicial review of such
administrative decision. Whenever any record or report is
subject to disclosure under this Section, the Department
shall permit the hospital to provide a written statement
pertaining to such report which shall be included as part of
the information to be disclosed. The Department shall not
divulge or disclose any record or report in a manner that
identifies or would permit the identification of any natural
person.
(210 ILCS 85/6.14b new)
Sec. 6.14b. Confidentiality of patient records.
(a) The Department shall respect the confidentiality of
a patient's record and shall not divulge or disclose the
contents of a record in a manner which identifies a patient,
except upon a patient's death to a relative or guardian, as
permitted by law, or under judicial proceedings. This
Section shall not be construed to limit the right of a
patient to inspect or copy his or her records.
(b) Confidential medical, social, personal, or financial
information identifying a patient shall not be available for
public inspection in a manner which identifies a patient.
(210 ILCS 85/6.14c new)
Sec. 6.14c. Posting of information. Every hospital shall
conspicuously post for display in an area of its offices
accessible to patients, employees, and visitors the
following:
(1) its current license;
(2) a description, provided by the Department, of
complaint procedures established under this Act and the name,
address, and telephone number of a person authorized by the
Department to receive complaints;
(3) a list of any orders pertaining to the hospital
issued by the Department during the past year and any court
orders reviewing such Department orders issued during the
past year; and
(4) a list of the material available for public
inspection under Section 6.14d.
(210 ILCS 85/6.14d new)
Sec. 6.14d. Materials available for public inspection. A
hospital shall retain for 5 years the following for public
inspection:
(1) a complete copy of every final inspection report of
the hospital received from the Department; and
(2) a copy of every final order pertaining to the
hospital issued by the Department during the past 5 years and
any court orders reviewing such Department orders.
(210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
Sec. 9. Inspections and investigations. The Department
shall make or cause to be made such inspections and
investigations as it deems necessary. Information received by
the Department through filed reports, inspection, or as
otherwise authorized under this Act shall not be disclosed
publicly in such manner as to identify individuals or
hospitals, except (i) in a proceeding involving the denial,
suspension, or revocation of a permit to establish a hospital
or a proceeding involving the denial, suspension, or
revocation of a license to open, conduct, operate, and
maintain a hospital, (ii) to the Department of Children and
Family Services in the course of a child abuse or neglect
investigation conducted by that Department or by the
Department of Public Health, (iii) in accordance with Section
6.14a of this Act, or (iv) (iii) in other circumstances as
may be approved by the Hospital Licensing Board.
(Source: P.A. 90-608, eff. 6-30-98.)
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