Illinois 2025-2026 Regular Session

Illinois House Bill HB1354 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1354 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED: 410 ILCS 50/3.2 from Ch. 111 1/2, par. 5403.2 Amends the Medical Patient Rights Act. Provides that every health care facility in this State shall permit the next of kin of a patient who is on life support to remain with the patient, at the patient's bedside, irrespective of regular hours of visitation. Provides that health care facilities may institute reasonable policies, including reasonable requirements that promote the health, safety, and welfare of the next of kin, the patient, and the employees and other patients of the health care facility without revoking the basic right afforded to the next of kin of a patient who is on life support. Defines "next of kin". LRB104 06936 BDA 16973 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1354 Introduced , by Rep. Mary Beth Canty 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 every health care facility in this State shall permit the next of kin of a patient who is on life support to remain with the patient, at the patient's bedside, irrespective of regular hours of visitation. Provides that health care facilities may institute reasonable policies, including reasonable requirements that promote the health, safety, and welfare of the next of kin, the patient, and the employees and other patients of the health care facility without revoking the basic right afforded to the next of kin of a patient who is on life support. Defines "next of kin". LRB104 06936 BDA 16973 b LRB104 06936 BDA 16973 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1354 Introduced , by Rep. Mary Beth Canty 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 every health care facility in this State shall permit the next of kin of a patient who is on life support to remain with the patient, at the patient's bedside, irrespective of regular hours of visitation. Provides that health care facilities may institute reasonable policies, including reasonable requirements that promote the health, safety, and welfare of the next of kin, the patient, and the employees and other patients of the health care facility without revoking the basic right afforded to the next of kin of a patient who is on life support. Defines "next of kin".
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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 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1354 Introduced , by Rep. Mary Beth Canty 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 every health care facility in this State shall permit the next of kin of a patient who is on life support to remain with the patient, at the patient's bedside, irrespective of regular hours of visitation. Provides that health care facilities may institute reasonable policies, including reasonable requirements that promote the health, safety, and welfare of the next of kin, the patient, and the employees and other patients of the health care facility without revoking the basic right afforded to the next of kin of a patient who is on life support. Defines "next of kin".
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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), every health care
144144 5 facility in this State shall permit the next of kin of a
145145 6 patient who is on life support to remain with the patient, at
146146 7 the patient's bedside, irrespective of regular hours of
147147 8 visitation. Every health care facility in this State may
148148 9 institute reasonable policies, including reasonable
149149 10 requirements that promote the health, safety, and welfare of
150150 11 the next of kin, the patient, and the employees and other
151151 12 patients of the health care facility without revoking the
152152 13 basic right afforded under this subsection to the next of kin
153153 14 of a patient who is on life support to remain with the patient
154154 15 or at the patient's bedside. In this subsection, "next of kin"
155155 16 means one and only one person who is a spouse, or, in the
156156 17 absence of a spouse, a parent, or, in the absence of a parent,
157157 18 a child, or, in the absence of a child, a sibling.
158158 19 (b) Except as provided in subsection (a-5) and subsection
159159 20 (a-20), nothing in this Section shall be construed to further
160160 21 limit or restrict the right of visitation provided by other
161161 22 provisions of law or to restrict the ability of a health care
162162 23 facility to regulate hours of visitation, the number of
163163 24 visitors per patient, or the movement of visitors within the
164164 25 health care facility.
165165 26 (c) For the purposes of this Section a "health care
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