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| Public Act 102-0989 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Medical Patient Rights Act is amended by | ||||
changing Section 3.2 as follows:
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(410 ILCS 50/3.2) (from Ch. 111 1/2, par. 5403.2)
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Sec. 3.2. Visitation rights, policies, and procedures. | ||||
(a) Every health care facility in this State shall permit
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visitation by any person or persons designated by a patient | ||||
who is 18 years
of age or older and who is allowed rights of | ||||
visitation unless (1) the
facility does not allow any | ||||
visitation for a patient or patients, or (2)
the facility or | ||||
the patient's physician determines that visitation would
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endanger the physical health or safety of a patient or | ||||
visitor, or would
interfere with the operations of the | ||||
facility. Nothing in this Act shall
restrict the ability of a | ||||
health care facility to regulate the hours of
visitation, the | ||||
number of visitors per patient or the movement of visitors
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within the facility.
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(a-5) Notwithstanding subsection (a), during a period for | ||||
which the Governor has issued a proclamation under Section 7 | ||||
of the Illinois Emergency Management Agency Act declaring that | ||||
a disaster exists or in the event of an outbreak or epidemic of | ||||
a communicable disease in the community in which the health | ||
care facility is located, a health care facility shall ensure | ||
an opportunity for at least one visitor to visit a resident or | ||
patient of the health care facility. A health care facility | ||
shall not count a clergy member toward any limit on the number | ||
of visitors permitted to visit a resident or patient at one | ||
time and shall permit a clergy member to visit with a resident | ||
or patient in addition to the permitted number of visitors. | ||
Visitation shall be subject to the guidelines, conditions, and | ||
limitations of the health care facility's visitation policy | ||
and any rules or guidelines established by the U.S. Centers | ||
for Medicare and Medicaid Services and the Centers for Disease | ||
Control and Prevention. | ||
Visitors under this subsection may be required by the | ||
health care facility to submit to health screenings necessary | ||
to prevent the spread of infectious disease. A health care | ||
facility may restrict facility access to a visitor who does | ||
not pass its health screening requirement. A health care | ||
facility may require a visitor to adhere to infection control | ||
procedures, including wearing personal protective equipment. A | ||
health care facility may deny visitation under this Act if | ||
visitation would endanger the physical health or safety of a | ||
patient, the visitor, or health care workers or would | ||
otherwise create a public health or safety problem. | ||
(a-10) Notwithstanding subsection (a), a skilled nursing | ||
home, extended care facility, or intermediate care facility | ||
may prohibit an individual from visiting a resident or patient | ||
of the nursing home or facility if specific facts demonstrate | ||
that the individual would endanger his or her physical health | ||
or safety or the health or safety of a resident, patient, or | ||
health care worker of the nursing home or facility. Any denial | ||
of visitation under this subsection (a-10) shall be in writing | ||
and shall be provided to the individual and the resident or | ||
patient with whom the individual was denied visitation. | ||
(a-15) Each skilled nursing home, extended care facility, | ||
and intermediate care facility shall: | ||
(1) inform each resident of the nursing home or | ||
facility (or that individual's representative) of the | ||
resident's visitation rights and the nursing home or | ||
facility's visitation-related policies and procedures, | ||
including any clinical or safety-related restriction or | ||
limitation on visitation rights, the reasons for the | ||
restriction or limitation, and the persons to whom the | ||
restriction or limitation may apply; | ||
(2) inform each resident of the resident's right: | ||
(A) to consent to receive designated visitors, | ||
such as a spouse, including, without limitation, a | ||
same-sex spouse; a domestic partner, including, | ||
without limitation, a same-sex domestic partner; | ||
another family member; or a friend; and | ||
(B) to withdraw or deny that consent at any time; | ||
(3) not restrict, limit, or otherwise deny visitation | ||
privileges on the basis of race, color, national origin, | ||
religion, sex, gender identity, sexual orientation, or | ||
disability; and | ||
(4) ensure that all of the resident's visitors enjoy | ||
full and equal visitation privileges, consistent with the | ||
resident's preferences. | ||
(b) Except as provided in subsection (a-5), nothing | ||
Nothing in this Section shall be construed to further limit or
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restrict the right of visitation provided by other provisions | ||
of law or to restrict the ability of a health care facility to | ||
regulate hours of visitation, the number of visitors per | ||
patient, or the movement of visitors within the health care | ||
facility.
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(c) For the purposes of this Section a "health care | ||
facility" does not
include a developmental disability | ||
facility, a mental health facility or a
mental health center.
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(Source: P.A. 87-651.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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