SB2309 101ST GENERAL ASSEMBLY

LRB101 14918 CPF 64754 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2309

Introduced 11/14/2019, by Sen. Patricia Van Pelt - John F. Curran - Rachelle Crowe - Jacqueline Y. Collins - Mattie Hunter, et al.

SYNOPSIS AS INTRODUCED:

New Act

Creates the Unidentified Patient Act. Provides that the Act may be referred to as the Elisha Brittman Law. Provides that upon the arrival of an unidentified patient into a hospital's emergency department the hospital shall take specified efforts towards identifying the patient. Requires a hospital to contact the local law enforcement agency and request that a missing person report be completed for an unidentified patient if the specified efforts are not possible or are unsuccessful. Provides that local law enforcement should be requested to enter an unidentified patient into the Federal Bureau of Investigation's National Crime Information Center database. Requires hospital staff to contact local law enforcement to perform fingerprinting services in an effort to identify an unidentified patient. Provides that hospital staff shall make a referral to the hospital's public information officer to obtain specified identifying materials and submit them to local media outlets if the fingerprinting services are not possible or are unsuccessful. Provides that if a hospital receives a claim from an individual of being an unidentified patient's next of kin, a DNA sample may be collected from the unidentified patient and the individual and verified either on-site or at an associated laboratory, but must be provided on a voluntary basis and shall be used solely to help identify the unidentified patient and any familial relations. Provides that if law enforcement requests an unidentified patient's information to help identify a suspect, fugitive, material witness, or missing person, the hospital and hospital personnel must disclose only the information allowed under the federal Health Insurance Portability and Accountability Act of 1996. Defines terms.

A BILL FOR

AN ACT concerning health.

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

Section 1. Short title; references to Act.

(a) Short title. This Act may be cited as the Unidentified Patient Act.

(b) References to Act. This Act may be referred to as the Elisha Brittman Law.

Section 5. Purpose. This Act is designed to provide guidance to emergency department staff in developing procedures for the identification of unidentified patients that are admitted to a hospital.

Section 10. Definitions. In this Act:

"Adequate identification" means the ability of a patient or escort to positively identify the patient's relevant information, including, but not limited to, the patient's name, address, date of birth, or next of kin.

"HIPAA" means the federal Health Insurance Portability and Accountability Act of 1996.

"Hospital" means any institution licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act.

"Missing person report" means a report generated pursuant to the Missing Persons Identification Act.

"Unidentified patient" means a patient who is brought into the emergency department of a hospital without any identification, is unable to self-identify, and the hospital is unable to obtain adequate identification.

Section 15. Procedure.

(a) Upon the arrival of an unidentified patient into a hospital's emergency department:

(1) Hospital staff members shall review the patient's chart and personal belongings and hospital records to determine if there is any information regarding the patient's identity.

(2) The hospital's admission staff members shall notify any centralized information desk or visitor desk of the unidentified patient so that inquiries are referred to the appropriate hospital staff as well as any law enforcement personnel that may be involved.

(3) Detailed physical descriptions should be entered into the hospital's patient database, along with any information gathered from emergency medical technicians or law enforcement personnel.

(b) If initial identification efforts for a patient under subsection (a) are not possible or are unsuccessful, the hospital shall contact the local law enforcement agency and request that a missing person report be completed for an unidentified patient who is living or deceased. The law enforcement agency should be requested to enter the unidentified patient into the Federal Bureau of Investigation's National Crime Information Center database as an Unidentified Living Person or Unidentified Deceased Person.

(c) Hospital staff shall contact local law enforcement to perform fingerprinting services in an effort to identify an unidentified patient.

(d) If identification of an unidentified patient is not possible or is not successful using the fingerprinting process under subsection (c), hospital staff shall make a referral to the hospital's public information officer to obtain a description and, if possible, a photograph of the unidentified patient, as well as any significant case-specific facts that may help with identification of the unidentified patient. This information shall be submitted to local media outlets for assistance in identification of the unidentified patient, with an emphasis on the media from where the unidentified patient was brought in from.

(e) If an unidentified patient is not identified within one week after publication under subsection (d), the information submitted to local media outlets shall be submitted to a wider publication area.

(f) If a hospital receives a claim from an individual of being an unidentified patient's next of kin, a DNA sample may be collected from the unidentified patient and the individual and verified either on-site or at an associated laboratory. Any DNA sample collected under this subsection must be provided on a voluntary basis and shall be used solely to help identify the unidentified patient and any familial relations.

(g) If law enforcement requests an unidentified patient's information to help identify a suspect, fugitive, material witness, or missing person, the hospital and hospital personnel must disclose only the information allowed under HIPAA, including only disclosing DNA, dental records, or body fluid as a means of identification pursuant to a court order, warrant, or written administrative request.