Public Act 0942 103RD GENERAL ASSEMBLY

SB3137 Enrolled LRB103 36125 SPS 66216 b

Public Act 103-0942

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. This Act may be referred to as Jordan's Law.

Section 5. The Substance Use Disorder Act is amended by adding Section 55-45 as follows:

(20 ILCS 301/55-45 new)

Sec. 55-45. Notice of death of patient. Any licensed facility operating in this State shall provide notice of the death of a patient occurring in the facility to the personal representative, if known, of the patient as specified in this Section. The facility shall attempt to provide verbal notice to the personal representative, if known, of the patient within 24 hours after the death of the patient and shall provide written notice to the personal representative, if known, of the patient within 5 days after the death of the patient. The facility shall provide notice under this subsection in accordance with 42 CFR 2.15(b) and 45 CFR 164.502(g), as amended. For the purposes of this subsection, "personal representative" has the meaning set forth in 45 CFR 164.502(g).

Section 10. The Mental Health and Developmental Disabilities Code is amended by adding Section 5-100.1 as follows:

(405 ILCS 5/5-100.1 new)

Sec. 5-100.1. Notice of death of patient. Any mental health or developmental disabilities facility operating in this State shall provide notice of the death of a recipient of services occurring in the facility to the personal representative, if known, of the recipient of services as specified in this Section. The facility shall attempt to provide verbal notice to the personal representative, if known, of the recipient of services within 24 hours after the death of the recipient of services and shall provide written notice to the personal representative, if known, of the recipient of services within 5 days after the death of the recipient of services. The facility shall provide notice under this subsection in accordance with Sections 4 and 5 of the Mental Health and Developmental Disabilities Confidentiality Act and 45 CFR 164.502(g), as amended. For the purposes of this subsection, "personal representative" has the meaning set forth in 45 CFR 164.502(g).

Section 99. Effective date. This Act takes effect upon becoming law.

Effective Date: 8/9/2024