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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
91_HB0423eng HB0423 Engrossed LRB9101290ACtm 1 AN ACT to amend the Hospital Licensing Act by amending 2 Section 9 and adding Sections 6.14a, 6.14b, 6.14c, and 6.14d. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Hospital Licensing Act is amended by 6 changing Section 9 and adding Sections 6.14a, 6.14b, 6.14c, 7 and 6.14d as follows: 8 (210 ILCS 85/6.14a new) 9 Sec. 6.14a. Public disclosure of information. The 10 following information is subject to disclosure to the public 11 from the Department: 12 (1) Information submitted under Section 5 of this Act; 13 (2) Final records of license and certification 14 inspections, surveys, and evaluations of hospitals; and 15 (3) Investigated complaints filed against a hospital and 16 complaint investigation reports, except that a complaint or 17 complaint investigation report shall not be disclosed to a 18 person other than the complainant or complainant's 19 representative before it is disclosed to a hospital, and 20 except that a complainant or patient's name shall not be 21 disclosed. 22 The Department shall disclose information under this 23 Section in accordance with provisions for inspection and 24 copying of public records required by the Freedom of 25 Information Act. 26 However, the disclosure of information described in 27 subsection (1) shall not be restricted by any provision of 28 the Freedom of Information Act. 29 Notwithstanding any other provision of law, under no 30 circumstances shall the Department disclose information 31 obtained from a hospital that is confidential under Part 21 HB0423 Engrossed -2- LRB9101290ACtm 1 of Article 8 of the Code of Civil Procedure. 2 Any records or reports of inspections, surveys, or 3 evaluations of hospitals may be disclosed only after the 4 acceptance of a plan of correction by the Health Care 5 Financing Administration of the U.S. Department of Health and 6 Human Services or the Department, as appropriate, or at the 7 conclusion of any administrative review of the Department's 8 decision, or at the conclusion of any judicial review of such 9 administrative decision. Whenever any record or report is 10 subject to disclosure under this Section, the Department 11 shall permit the hospital to provide a written statement 12 pertaining to such report which shall be included as part of 13 the information to be disclosed. The Department shall not 14 divulge or disclose any record or report in a manner that 15 identifies or would permit the identification of any natural 16 person. 17 (210 ILCS 85/6.14b new) 18 Sec. 6.14b. Confidentiality of patient records. 19 (a) The Department shall respect the confidentiality of 20 a patient's record and shall not divulge or disclose the 21 contents of a record in a manner which identifies a patient, 22 except upon a patient's death to a relative or guardian, as 23 permitted by law, or under judicial proceedings. This 24 Section shall not be construed to limit the right of a 25 patient to inspect or copy his or her records. 26 (b) Confidential medical, social, personal, or financial 27 information identifying a patient shall not be available for 28 public inspection in a manner which identifies a patient. 29 (210 ILCS 85/6.14c new) 30 Sec. 6.14c. Posting of information. Every hospital shall 31 conspicuously post for display in an area of its offices 32 accessible to patients, employees, and visitors the HB0423 Engrossed -3- LRB9101290ACtm 1 following: 2 (1) its current license; 3 (2) a description, provided by the Department, of 4 complaint procedures established under this Act and the name, 5 address, and telephone number of a person authorized by the 6 Department to receive complaints; 7 (3) a list of any orders pertaining to the hospital 8 issued by the Department during the past year and any court 9 orders reviewing such Department orders issued during the 10 past year; and 11 (4) a list of the material available for public 12 inspection under Section 6.14d. 13 (210 ILCS 85/6.14d new) 14 Sec. 6.14d. Materials available for public inspection. A 15 hospital shall retain for 5 years the following for public 16 inspection: 17 (1) a complete copy of every final inspection report of 18 the hospital received from the Department; and 19 (2) a copy of every final order pertaining to the 20 hospital issued by the Department during the past 5 years and 21 any court orders reviewing such Department orders. 22 (210 ILCS 85/9) (from Ch. 111 1/2, par. 150) 23 Sec. 9. Inspections and investigations. The Department 24 shall make or cause to be made such inspections and 25 investigations as it deems necessary. Information received by 26 the Department through filed reports, inspection, or as 27 otherwise authorized under this Act shall not be disclosed 28 publicly in such manner as to identify individuals or 29 hospitals, except (i) in a proceeding involving the denial, 30 suspension, or revocation of a permit to establish a hospital 31 or a proceeding involving the denial, suspension, or 32 revocation of a license to open, conduct, operate, and HB0423 Engrossed -4- LRB9101290ACtm 1 maintain a hospital, (ii) to the Department of Children and 2 Family Services in the course of a child abuse or neglect 3 investigation conducted by that Department or by the 4 Department of Public Health, (iii) in accordance with Section 5 6.14a of this Act, or (iv)(iii)in other circumstances as 6 may be approved by the Hospital Licensing Board. 7 (Source: P.A. 90-608, eff. 6-30-98.)