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Illinois House Bill HB3503

Illinois 2023-2024 Regular Session

Illinois House Bill HB3503 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3503 Introduced , by Rep. William E Hauter SYNOPSIS AS INTRODUCED: 410 ILCS 50/3.2 from Ch. 111 1/2, par. 5403.2 Amends the Medical Patient Rights Act. Provides that, during a period for which the Governor has issued a proclamation under 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 emergency department is located, an emergency department shall ensure an opportunity for at least one medical advocate to be present with a patient for the purposes of communication, care, consent, and advocacy on the patient's behalf. Requires the medical advocate's presence to be subject to the guidelines, conditions, and limitations of the emergency department's policies and any rules or guidelines established by the U.S. Centers for Medicare and Medicaid Services and the Centers for Disease Control and Prevention. Provides that medical advocates may be required by the emergency department to submit to health screenings necessary to prevent the spread of infectious disease. Allows emergency departments to (i) restrict facility access to a medical advocate who does not pass the emergency department's health screening requirement, (ii) require a medical advocate to adhere to infection control procedures, and (iii) deny a medical advocate's request to be present with a patient under the Act if it would endanger the physical health or safety of the patient, the medical advocate, or health care workers or would otherwise create a risk to public health or safety. Defines "medical advocate". LRB103 25522 CPF 51871 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3503 Introduced , by Rep. William E Hauter SYNOPSIS AS INTRODUCED: 410 ILCS 50/3.2 from Ch. 111 1/2, par. 5403.2 410 ILCS 50/3.2 from Ch. 111 1/2, par. 5403.2 Amends the Medical Patient Rights Act. Provides that, during a period for which the Governor has issued a proclamation under 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 emergency department is located, an emergency department shall ensure an opportunity for at least one medical advocate to be present with a patient for the purposes of communication, care, consent, and advocacy on the patient's behalf. Requires the medical advocate's presence to be subject to the guidelines, conditions, and limitations of the emergency department's policies and any rules or guidelines established by the U.S. Centers for Medicare and Medicaid Services and the Centers for Disease Control and Prevention. Provides that medical advocates may be required by the emergency department to submit to health screenings necessary to prevent the spread of infectious disease. Allows emergency departments to (i) restrict facility access to a medical advocate who does not pass the emergency department's health screening requirement, (ii) require a medical advocate to adhere to infection control procedures, and (iii) deny a medical advocate's request to be present with a patient under the Act if it would endanger the physical health or safety of the patient, the medical advocate, or health care workers or would otherwise create a risk to public health or safety. Defines "medical advocate". LRB103 25522 CPF 51871 b LRB103 25522 CPF 51871 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3503 Introduced , by Rep. William E Hauter SYNOPSIS AS INTRODUCED:
33 410 ILCS 50/3.2 from Ch. 111 1/2, par. 5403.2 410 ILCS 50/3.2 from Ch. 111 1/2, par. 5403.2
44 410 ILCS 50/3.2 from Ch. 111 1/2, par. 5403.2
55 Amends the Medical Patient Rights Act. Provides that, during a period for which the Governor has issued a proclamation under 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 emergency department is located, an emergency department shall ensure an opportunity for at least one medical advocate to be present with a patient for the purposes of communication, care, consent, and advocacy on the patient's behalf. Requires the medical advocate's presence to be subject to the guidelines, conditions, and limitations of the emergency department's policies and any rules or guidelines established by the U.S. Centers for Medicare and Medicaid Services and the Centers for Disease Control and Prevention. Provides that medical advocates may be required by the emergency department to submit to health screenings necessary to prevent the spread of infectious disease. Allows emergency departments to (i) restrict facility access to a medical advocate who does not pass the emergency department's health screening requirement, (ii) require a medical advocate to adhere to infection control procedures, and (iii) deny a medical advocate's request to be present with a patient under the Act if it would endanger the physical health or safety of the patient, the medical advocate, or health care workers or would otherwise create a risk to public health or safety. Defines "medical advocate".
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1111 1 AN ACT concerning health.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Medical Patient Rights Act is amended by
1515 5 changing Section 3.2 as follows:
1616 6 (410 ILCS 50/3.2) (from Ch. 111 1/2, par. 5403.2)
1717 7 Sec. 3.2. Visitation rights, policies, and procedures.
1818 8 (a) Every health care facility in this State shall permit
1919 9 visitation by any person or persons designated by a patient
2020 10 who is 18 years of age or older and who is allowed rights of
2121 11 visitation unless (1) the facility does not allow any
2222 12 visitation for a patient or patients, or (2) the facility or
2323 13 the patient's physician determines that visitation would
2424 14 endanger the physical health or safety of a patient or
2525 15 visitor, or would interfere with the operations of the
2626 16 facility.
2727 17 (a-5) Notwithstanding subsection (a), during a period for
2828 18 which the Governor has issued a proclamation under Section 7
2929 19 of the Illinois Emergency Management Agency Act declaring that
3030 20 a disaster exists or in the event of an outbreak or epidemic of
3131 21 a communicable disease in the community in which the health
3232 22 care facility is located, a health care facility shall ensure
3333 23 an opportunity for at least one visitor to visit a resident or
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3503 Introduced , by Rep. William E Hauter SYNOPSIS AS INTRODUCED:
3838 410 ILCS 50/3.2 from Ch. 111 1/2, par. 5403.2 410 ILCS 50/3.2 from Ch. 111 1/2, par. 5403.2
3939 410 ILCS 50/3.2 from Ch. 111 1/2, par. 5403.2
4040 Amends the Medical Patient Rights Act. Provides that, during a period for which the Governor has issued a proclamation under 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 emergency department is located, an emergency department shall ensure an opportunity for at least one medical advocate to be present with a patient for the purposes of communication, care, consent, and advocacy on the patient's behalf. Requires the medical advocate's presence to be subject to the guidelines, conditions, and limitations of the emergency department's policies and any rules or guidelines established by the U.S. Centers for Medicare and Medicaid Services and the Centers for Disease Control and Prevention. Provides that medical advocates may be required by the emergency department to submit to health screenings necessary to prevent the spread of infectious disease. Allows emergency departments to (i) restrict facility access to a medical advocate who does not pass the emergency department's health screening requirement, (ii) require a medical advocate to adhere to infection control procedures, and (iii) deny a medical advocate's request to be present with a patient under the Act if it would endanger the physical health or safety of the patient, the medical advocate, or health care workers or would otherwise create a risk to public health or safety. Defines "medical advocate".
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6868 1 patient of the health care facility. A health care facility
6969 2 shall not count a clergy member toward any limit on the number
7070 3 of visitors permitted to visit a resident or patient at one
7171 4 time and shall permit a clergy member to visit with a resident
7272 5 or patient in addition to the permitted number of visitors.
7373 6 Visitation shall be subject to the guidelines, conditions, and
7474 7 limitations of the health care facility's visitation policy
7575 8 and any rules or guidelines established by the U.S. Centers
7676 9 for Medicare and Medicaid Services and the Centers for Disease
7777 10 Control and Prevention.
7878 11 Visitors under this subsection may be required by the
7979 12 health care facility to submit to health screenings necessary
8080 13 to prevent the spread of infectious disease. A health care
8181 14 facility may restrict facility access to a visitor who does
8282 15 not pass its health screening requirement. A health care
8383 16 facility may require a visitor to adhere to infection control
8484 17 procedures, including wearing personal protective equipment. A
8585 18 health care facility may deny visitation under this Act if
8686 19 visitation would endanger the physical health or safety of a
8787 20 patient, the visitor, or health care workers or would
8888 21 otherwise create a public health or safety problem.
8989 22 (a-10) Notwithstanding subsection (a), a skilled nursing
9090 23 home, extended care facility, or intermediate care facility
9191 24 may prohibit an individual from visiting a resident or patient
9292 25 of the nursing home or facility if specific facts demonstrate
9393 26 that the individual would endanger his or her physical health
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104104 1 or safety or the health or safety of a resident, patient, or
105105 2 health care worker of the nursing home or facility. Any denial
106106 3 of visitation under this subsection (a-10) shall be in writing
107107 4 and shall be provided to the individual and the resident or
108108 5 patient with whom the individual was denied visitation.
109109 6 (a-15) Each skilled nursing home, extended care facility,
110110 7 and intermediate care facility shall:
111111 8 (1) inform each resident of the nursing home or
112112 9 facility (or that individual's representative) of the
113113 10 resident's visitation rights and the nursing home or
114114 11 facility's visitation-related policies and procedures,
115115 12 including any clinical or safety-related restriction or
116116 13 limitation on visitation rights, the reasons for the
117117 14 restriction or limitation, and the persons to whom the
118118 15 restriction or limitation may apply;
119119 16 (2) inform each resident of the resident's right:
120120 17 (A) to consent to receive designated visitors,
121121 18 such as a spouse, including, without limitation, a
122122 19 same-sex spouse; a domestic partner, including,
123123 20 without limitation, a same-sex domestic partner;
124124 21 another family member; or a friend; and
125125 22 (B) to withdraw or deny that consent at any time;
126126 23 (3) not restrict, limit, or otherwise deny visitation
127127 24 privileges on the basis of race, color, national origin,
128128 25 religion, sex, gender identity, sexual orientation, or
129129 26 disability; and
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140140 1 (4) ensure that all of the resident's visitors enjoy
141141 2 full and equal visitation privileges, consistent with the
142142 3 resident's preferences.
143143 4 (a-20) Notwithstanding subsection (a), during a period for
144144 5 which the Governor has issued a proclamation under Section 7
145145 6 of the Illinois Emergency Management Agency Act declaring that
146146 7 a disaster exists or in the event of an outbreak or epidemic of
147147 8 a communicable disease in the community in which the emergency
148148 9 department is located, an emergency department shall ensure an
149149 10 opportunity for at least one medical advocate to be present
150150 11 with a patient for the purposes of communication, care,
151151 12 consent, and advocacy on the patient's behalf. The medical
152152 13 advocate's presence shall be subject to the guidelines,
153153 14 conditions, and limitations of the emergency department's
154154 15 policies and any rules or guidelines established by the U.S.
155155 16 Centers for Medicare and Medicaid Services and the Centers for
156156 17 Disease Control and Prevention. Medical advocates under this
157157 18 subsection may be required by the emergency department to
158158 19 submit to health screenings necessary to prevent the spread of
159159 20 infectious disease. An emergency department may restrict
160160 21 facility access to a medical advocate who does not pass the
161161 22 emergency department's health screening requirement. An
162162 23 emergency department may require a medical advocate to adhere
163163 24 to infection control procedures, including, but not limited
164164 25 to, wearing personal protective equipment. An emergency
165165 26 department may deny a medical advocate's request to be present
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176176 1 with a patient under this Act if it would endanger the physical
177177 2 health or safety of the patient, the medical advocate, or
178178 3 health care workers or would otherwise create a risk to public
179179 4 health or safety. In this subsection, "medical advocate" means
180180 5 a patient's health care power of attorney, a person who
181181 6 arrived at the emergency department with the patient, or any
182182 7 other person who can demonstrate that he or she has knowledge
183183 8 of the patient's medical condition or is otherwise authorized
184184 9 to make health care decisions for the patient.
185185 10 (b) Except as provided in subsection (a-5), nothing in
186186 11 this Section shall be construed to further limit or restrict
187187 12 the right of visitation provided by other provisions of law or
188188 13 to restrict the ability of a health care facility to regulate
189189 14 hours of visitation, the number of visitors per patient, or
190190 15 the movement of visitors within the health care facility.
191191 16 (c) For the purposes of this Section a "health care
192192 17 facility" does not include a developmental disability
193193 18 facility, a mental health facility or a mental health center.
194194 19 (Source: P.A. 102-989, eff. 5-27-22.)
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