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91_HB1755
LRB9103854ACtm
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) Records of license and certification inspections,
14 surveys, and evaluations of hospitals and other reports of
15 inspections, surveys, and evaluations of patient care;
16 (3) Complaints filed against a hospital and complaint
17 investigation reports, except that a complaint or complaint
18 investigation report shall not be disclosed to a person other
19 than the complainant or complainant's representative before
20 it is disclosed to a hospital, and except that a complainant
21 or patient's name shall not be 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 (210 ILCS 85/6.14b new)
30 Sec. 6.14b. Confidentiality of patient records.
-2- LRB9103854ACtm
1 (a) The Department shall respect the confidentiality of a
2 patient's record and shall not divulge or disclose the
3 contents of a record in a manner which identifies a patient,
4 except upon a patient's death to a relative or guardian or
5 under judicial proceedings. This Section shall not be
6 construed to limit the right of a patient to inspect or copy
7 his or her records.
8 (b) Confidential medical, social, personal, or financial
9 information identifying a patient shall not be available for
10 public inspection in a manner which identifies a patient.
11 (210 ILCS 85/6.14c new)
12 Sec. 6.14c. Posting of information. Every hospital shall
13 conspicuously post for display in an area of its offices
14 accessible to patient's, employees, and visitors the
15 following:
16 (1) its current license;
17 (2) a description, provided by the Department, of
18 complaint procedures established under this Act and the name,
19 address, and telephone number of a person authorized by the
20 Department to receive complaints;
21 (3) A copy of any order pertaining to the hospital
22 issued by the Department or a court; and
23 (4) A list of the material available for public
24 inspection under Section 6.14d.
25 (210 ILCS 85/6.14d new)
26 Sec. 6.14d. Materials available for public inspection. A
27 hospital shall retain the following for public inspection:
28 (1) a complete copy of every inspection report of the
29 hospital received from the Department during the past 5
30 years;
31 (2) a copy of every order pertaining to the hospital
32 issued by the Department or a court during the past 5 years;
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1 (3) a description of the services provided by the
2 hospital and the rates charged for those services and items
3 for which a patient may be separately charged;
4 (4) a record of personnel employed or retained by the
5 hospital who are licensed, certified, or registered by the
6 Department of Professional Regulation.
7 (210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
8 Sec. 9. Inspections and investigations. The Department
9 shall make or cause to be made such inspections and
10 investigations as it deems necessary. Information received by
11 the Department through filed reports, inspection, or as
12 otherwise authorized under this Act shall not be disclosed
13 publicly in such manner as to identify individuals or
14 hospitals, except (i) in a proceeding involving the denial,
15 suspension, or revocation of a permit to establish a hospital
16 or a proceeding involving the denial, suspension, or
17 revocation of a license to open, conduct, operate, and
18 maintain a hospital, (ii) to the Department of Children and
19 Family Services in the course of a child abuse or neglect
20 investigation conducted by that Department or by the
21 Department of Public Health, (iii) in accordance with Section
22 6.14a of this Act, or (iv) (iii) in other circumstances as
23 may be approved by the Hospital Licensing Board.
24 (Source: P.A. 90-608, eff. 6-30-98.)