SB2768 93RD GENERAL ASSEMBLY

LRB093 17922 DRJ 46808 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2768

Introduced 2/5/2004, by Edward D. Maloney

SYNOPSIS AS INTRODUCED:

210 ILCS 9/76
210 ILCS 85/6.22 new

Amends the Assisted Living and Shared Housing Act and the Hospital Licensing Act. Provides that an assisted living or shared housing establishment that does not provide medication as an optional service must advise a prospective resident to consult a physician about whether to obtain a flu shot. Provides that an establishment that provides medication administration as an optional service shall annually administer a flu shot to each resident and shall administer or arrange for the administration of a pneumonia shot to each resident who is age 65 or older. Requires hospitals to administer annual flu shots to all residents or patients (with flu shots for residents or patients age 65 or over to be completed by November 30 of each year, or as soon as practicable under certain circumstances) and to provide or arrange for the administration of pneumonia shots to residents or patients age 65 or over, unless a resident or patient refuses or the shot is medically contraindicated. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning health facilities.

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

Section 5. The Assisted Living and Shared Housing Act is amended by changing Section 76 as follows:

(210 ILCS 9/76)

Sec. 76. Vaccinations. Pneumonia shots.

(a) Before a prospective resident's admission to an assisted living establishment or a shared housing establishment that does not provide medication administration as an optional service, the establishment shall advise the prospective resident to consult a physician to determine whether the prospective resident should obtain a vaccination against pneumococcal pneumonia or influenza, or both.

(b) An assisted living establishment or shared housing establishment that provides medication administration as an optional service shall annually administer a vaccination against influenza to each resident, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention that are most recent to the time of vaccination, unless the vaccination is medically contraindicated or the resident has refused the vaccine. Influenza vaccinations for all residents age 65 or over shall be completed by November 30 of each year or as soon as practicable if vaccine supplies are not available before November 1. Residents admitted after November 30, during the flu season, and until February 1 shall, as medically appropriate, receive an influenza vaccination prior to or upon admission or as soon as practicable if vaccine supplies are not available at the time of the admission, unless the vaccine is medically contraindicated or the resident has refused the vaccine. In the event that the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention determines that dates of administration other than those stated in this Section are optimal to protect the health of residents, the Department is authorized to adopt rules to require vaccinations at those times rather than the times stated in this Section. An establishment shall document in the resident's medical record that an annual vaccination against influenza was administered, refused, or medically contraindicated.

An assisted living establishment or shared housing establishment that provides medication administration as an optional service shall administer or arrange for administration of a pneumococcal vaccination to each resident who is age 65 or over, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, who has not received this immunization prior to or upon admission to the establishment, unless the resident refuses the offer for vaccination or the vaccination is medically contraindicated. An establishment shall document in each resident's medical record that a vaccination against pneumococcal pneumonia was offered and administered, refused, or medically contraindicated.

(Source: P.A. 92-562, eff. 6-24-02.)

Section 10. The Hospital Licensing Act is amended by adding Section 6.22 as follows:

(210 ILCS 85/6.22 new)

Sec. 6.22. Vaccinations.

(a) A hospital shall annually administer a vaccination against influenza to each patient, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention that are most recent to the time of vaccination, unless the vaccination is medically contraindicated or the patient has refused the vaccine. Influenza vaccinations for all patients age 65 or over shall be completed by November 30 of each year or as soon as practicable if vaccine supplies are not available before November 1. Patients admitted after November 30, during the flu season, and until February 1 shall, as medically appropriate, receive an influenza vaccination prior to or upon admission or as soon as practicable if vaccine supplies are not available at the time of the admission, unless the vaccine is medically contraindicated or the patient has refused the vaccine. In the event that the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention determines that dates of administration other than those stated in this Section are optimal to protect the health of patients, the Department is authorized to develop rules to mandate vaccinations at those times rather than the times stated in this Section. A hospital shall document in the patient's medical record that an annual vaccination against influenza was administered, refused or medically contraindicated.

(b) A hospital shall provide or arrange for administration of a pneumococcal vaccination to each patient who is age 65 or over, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, who has not received this immunization prior to or upon admission to the hospital, unless the patient refuses the offer for vaccination or the vaccination is medically contraindicated. A hospital shall document in each patient's medical record that a vaccination against pneumococcal pneumonia was offered and administered, refused, or medically contraindicated.

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