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91_HB0423ham001
LRB9101290REmbam01
1 AMENDMENT TO HOUSE BILL 423
2 AMENDMENT NO. . Amend House Bill 423 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Hospital Licensing Act is amended by
5 changing Section 9 and adding Sections 6.14a, 6.14b, 6.14c,
6 and 6.14d as follows:
7 (210 ILCS 85/6.14a new)
8 Sec. 6.14a. Public disclosure of information. The
9 following information is subject to disclosure to the public
10 from the Department:
11 (1) Information submitted under Section 5 of this Act;
12 (2) Final records of license and certification
13 inspections, surveys, and evaluations of hospitals;
14 (3) Investigated complaints filed against a hospital and
15 complaint investigation reports, except that a complaint or
16 complaint investigation report shall not be disclosed to a
17 person other than the complainant or complainant's
18 representative before it is disclosed to a hospital, and
19 except that a complainant or patient's name shall not be
20 disclosed.
21 The Department shall disclose information under this
22 Section in accordance with provisions for inspection and
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1 copying of public records required by the Freedom of
2 Information Act.
3 However, the disclosure of information described in
4 subsection (1) shall not be restricted by any provision of
5 the Freedom of Information Act.
6 Notwithstanding any other provision of law, under no
7 circumstances shall the Department disclose information
8 obtained from a hospital that is confidential under Part 21
9 of Article 8 of the Code of Civil Procedure.
10 Any records or reports of inspections, surveys, or
11 evaluations of hospitals may be disclosed only after the
12 acceptance of a plan of correction by the Health Care
13 Financing Administration of the U.S. Department of Health and
14 Human Services or the Department, as appropriate, or at the
15 conclusion of any administrative review of the Department's
16 decision, or at the conclusion of any judicial review of such
17 administrative decision. Whenever any record or report is
18 subject to disclosure under this Section, the Department
19 shall permit the hospital to provide a written statement
20 pertaining to such report which shall be included as part of
21 the information to be disclosed. The Department shall not
22 divulge or disclose any record or report in a manner that
23 identifies or would permit the identification of any natural
24 person.
25 (210 ILCS 85/6.14b new)
26 Sec. 6.14b. Confidentiality of patient records.
27 (a) The Department shall respect the confidentiality of
28 a patient's record and shall not divulge or disclose the
29 contents of a record in a manner which identifies a patient,
30 except upon a patient's death to a relative or guardian, as
31 permitted by law, or under judicial proceedings. This
32 Section shall not be construed to limit the right of a
33 patient to inspect or copy his or her records.
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1 (b) Confidential medical, social, personal, or financial
2 information identifying a patient shall not be available for
3 public inspection in a manner which identifies a patient.
4 (210 ILCS 85/6.14c new)
5 Sec. 6.14c. Posting of information. Every hospital shall
6 conspicuously post for display in an area of its offices
7 accessible to patient's, employees, and visitors the
8 following:
9 (1) its current license;
10 (2) a description, provided by the Department, of
11 complaint procedures established under this Act and the name,
12 address, and telephone number of a person authorized by the
13 Department to receive complaints;
14 (3) A list of any orders pertaining to the hospital
15 issued by the Department during the past year and any court
16 orders reviewing such Department orders issued during the
17 past year; and
18 (4) A list of the material available for public
19 inspection under Section 6.14d.
20 (210 ILCS 85/6.14d new)
21 Sec. 6.14d. Materials available for public inspection. A
22 hospital shall retain for 5 years the following for public
23 inspection:
24 (1) a complete copy of every final inspection report of
25 the hospital received from the Department; and
26 (2) a copy of every final order pertaining to the
27 hospital issued by the Department during the past 5 years and
28 any court orders reviewing such Department orders.
29 (210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
30 Sec. 9. Inspections and investigations. The Department
31 shall make or cause to be made such inspections and
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1 investigations as it deems necessary. Information received by
2 the Department through filed reports, inspection, or as
3 otherwise authorized under this Act shall not be disclosed
4 publicly in such manner as to identify individuals or
5 hospitals, except (i) in a proceeding involving the denial,
6 suspension, or revocation of a permit to establish a hospital
7 or a proceeding involving the denial, suspension, or
8 revocation of a license to open, conduct, operate, and
9 maintain a hospital, (ii) to the Department of Children and
10 Family Services in the course of a child abuse or neglect
11 investigation conducted by that Department or by the
12 Department of Public Health, (iii) in accordance with Section
13 6.14a of this Act, or (iv) (iii) in other circumstances as
14 may be approved by the Hospital Licensing Board.
15 (Source: P.A. 90-608, eff. 6-30-98.)".