Bill Status of HB 399   94th General Assembly

Short Description:  HEALTH CARE WORKPLACE VIOLENCE

House Sponsors
Rep. Lou Lang, Dan Reitz, Harry Osterman, JoAnn D. Osmond, Karen May, Larry McKeon, Karen A. Yarbrough, Jack D. Franks, Linda Chapa LaVia, Milton Patterson, Kathleen A. Ryg, Annazette Collins and Gary Hannig

Senate Sponsors
(Sen. Debbie DeFrancesco Halvorson-John M. Sullivan, Larry K. Bomke-M. Maggie Crotty-Donne E. Trotter and Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  7/28/2005HousePublic Act . . . . . . . . . 94-0347

Statutes Amended In Order of Appearance
New Act
30 ILCS 5/3-2from Ch. 15, par. 303-2

Synopsis As Introduced
Creates the Health Care Setting Violence Prevention Act. Requires health care settings, including hospitals, mental health evaluation and treatment facilities, community mental health programs, home health agencies, and hospice programs, by July 1, 2006, to adopt and implement a plan to reasonably prevent and protect employees from violence at the setting. Requires a health care setting to file copies of its plan, and copies of changes to the plan, with the Department of Labor and the Department of Human Services. Requires a review of the plan at least once every 3 years. Requires health care settings to provide violence prevention training to employees by July 1, 2007. Requires health care settings to keep records of violent acts against an employee, a patient, or a visitor and to forward copies of such records to the Department of Labor and the Department of Human Services. Provides for enforcement of the Act by the Department of Labor, and authorizes the Director of Labor to issue an order for correction to a health care setting fixing a time for abatement of a violation. Amends the Illinois State Auditing Act. Requires that the Auditor General's audits of certain mental health and developmental disabilities facilities under the jurisdiction of the Department of Human Services include their records concerning reports of suspected abuse of facility staff by facility residents or patients. Effective immediately.

House Amendment No. 1
Adds reference to:
210 ILCS 35/11from Ch. 111 1/2, par. 4191
210 ILCS 85/7from Ch. 111 1/2, par. 148
210 ILCS 135/6from Ch. 91 1/2, par. 1706

Replaces everything after the enacting clause. Creates the Health Care Workplace Violence Prevention Act. Defines "health care workplace" to mean a hospital licensed under the Hospital Licensing Act or organized under the University of Illinois Hospital Act, or a mental health facility or developmental disability facility as defined in the Mental Health and Developmental Disabilities Code. Provides that by July 1, 2006, every health care workplace must adopt and implement a plan to reasonably prevent and protect employees from violence at that setting. Requires a health care workplace to file the plan with the Department of Labor, and requires that Department to forward a copy of the plan to the State agency that regulates the workplace or contracts with the workplace for the delivery of health care services. Requires a health care workplace to provide violence prevention training to its employees by July 1, 2007. Requires a health care workplace to keep a record of violent acts occurring at the workplace and to report those violent acts to the Department of Labor for forwarding to the appropriate regulatory agency; also requires a health care workplace to report such violent acts to the appropriate law enforcement agency. In the case of a report of a violent act occurring at a State-operated mental health or developmental disability facility under the jurisdiction of the Department of Human Services (DHS), requires the Department of Labor to forward a copy of the report to the Department of State Police and to the DHS Inspector General. Authorizes the Director of Labor to order a health care workplace to comply with the Act and to impose a civil penalty against a health care workplace. Provides that a hospital shall be deemed to be in compliance with the violence prevention plan requirements if it has complied with national accreditation standards and completes reports of incidents of violence that are available for review by the Department of Public Health. Amends the Illinois State Auditing Act to require that the program audit of State-operated mental health and developmental disability facilities include an examination of reports of suspected abuse of facility staff by patients or residents. Amends the Community Living Facilities Licensing Act, the Hospital Licensing Act, and the Community-Integrated Living Arrangements Licensure and Certification Act to authorize sanctions against a licensed entity for a violation of the Health Care Workplace Violence Prevention Act. Effective immediately.

House Amendment No. 4
Deletes reference to:
210 ILCS 85/7 new
Adds reference to:
20 ILCS 1705/72 new

Replaces everything after the enacting clause with provisions substantially similar to those of House Bill 399 as amended by House Amendment No. 1, but with changes that include the following: (1) provides that "abuse" also means a perceived immediate, threatened, or impending risk of physical injury; (2) deletes hospitals from the definition of "health care workplace", and provides that "health care workplace" does not include, and shall not be construed to include, any office of a physician licensed to practice medicine in all its branches, an advanced practice nurse, or a physician assistant, regardless of the form of such office; (3) provides that violence prevention training must address the protection of confidentiality in accordance with HIPAA and other related provisions of law; (4) eliminates "a physical assault with mild soreness, surface abrasions, scratches, or small bruises" as a type of abuse that must be described; (5) eliminates provisions for reporting violent acts to the Department of Labor and for the investigation of such violent acts; (6) eliminates provisions for issuance of an order to comply with the Health Care Workplace Violence Prevention Act and for a civil penalty for noncompliance; (7) eliminates provisions concerning circumstances under which a hospital shall be deemed to be in compliance with the Act; (8) amends the Mental Health and Developmental Disabilities Administrative Act to require the Department of Human Services, within 6 months after the effective date of this amendatory Act, to adopt rules prescribing procedures for reporting, investigating, and responding to violent acts against employees of facilities under the Department's jurisdiction; (9) eliminates failure to file a review of or changes to a workplace violence prevention plan and failure to report a violent act under the Health Care Workplace Violence Prevention Act as grounds for discipline under the Community Living Facilities Licensing Act and the Community-Integrated Living Arrangements Licensure and Certification Act; and (10) eliminates provisions amending the Hospital Licensing Act. Effective immediately.

 Fiscal Note (H-AM 1) (Department of Human Services)
 House Bill 399 (H-AM 1) creates additional workload for the Department of Human Services State-Operated Facilities, both Mental Health and Developmental Disabilities, that the programs do not have the resources to address. Each State operated facility would require an additional staff person in order to meet the record keeping and reporting requirements of the legislation. This would require eighteen (18) additional headcount at an average salary with fringes of $50,000, for a cost of $900,000.

 Fiscal Note (H-AM 1) (Department of Public Health)
 Minimal fiscal impact.

 Fiscal Note (H-AM 1) (Budget Office)
 This would require eighteen (18) additional headcount at an average salary with fringes of $50,000, for a cost of $900,000.

 Fiscal Note (H-AM 1) (Department of Labor)
 This legislation creates significant new responsibilities for the Department of Labor that cannot be administered with existing resources and staff. The fiscal impact is as follows: Personnel = $683,000; Fringes = $150,000; Travel $39,000; Commodities = $9,000; Printing = $30,000; EDP Equipment = $32,000; Telecommunications = $12,000; Total = $955,000.

 Fiscal Note (H-AM 1) (Department of Human Services)
 This would require eighteen (18) additional headcount at an average salary with fringes of $50,000, for a cost of $900,000.

Senate Floor Amendment No. 1
In the Health Care Workplace Violence Prevention Act, deletes the definition of "abuse" and replaces references to "abuse" in the Act with references to "violent acts". Provides that "violence" or "violent act" means any act by a patient or resident (instead of a person) that causes or threatens to cause an injury to another person (instead of causes abuse of another person). Adds "a violent act requiring employee response, in the course of which an employee is injured" as a type of violent act that must be included in a health care workplace's records, and changes another such category to "a verbal or physical threat that presents imminent danger" (instead of imminent danger to an employee). In the Illinois State Auditing Act, (i) requires examination of a facility's records concerning reports of violent acts against (instead of suspected abuse of) facility staff by patients or residents and (ii) requires the Auditor General to report findings concerning violent acts against staff by patients or residents (instead of concerning abuse of facility staff).

Senate Floor Amendment No. 3
Replaces everything after the enacting clause with provisions similar to those of House Bill 399, as amended by Senate Amendment No. 1, creating the Health Care Workplace Violence Prevention Act and amending the Mental Health and Developmental Disabilities Administrative Act, the Illinois State Auditing Act, the Community Living Facilities Licensing Act, and the Community-Integrated Living Arrangements Licensure and Certification Act, but with changes that include the following: (1) deletes references to the Department of Labor and the Director of Labor and replaces them with references to the Department of Human Services (in the case of a health care workplace that is operated or regulated by the Department of Human Services) or the Department of Public Health (in the case of a health care workplace that is operated or regulated by the Department of Public Health); (2) requires the Department of Human Services and the Department of Public Health to initially implement the Health Care Workplace Violence Prevention Act as a 2-year pilot project in which only the following health care workplaces shall participate: the Chester Mental Health Center, the Alton Mental Health Center, the Douglas Singer Mental Health Center, the Andrew McFarland Mental Health Center, and the Jacksonville Developmental Center; (3) requires facilities participating in the pilot project to provide violence prevention training by July 1, 2006, and to adopt and implement a workplace violence prevention plan and begin keeping a record of violent acts by July 1, 2007; (4) requires facilities not participating in the pilot project to adopt and implement a workplace violence prevention plan by July 1, 2008 (instead of 2006), provide violence prevention training by July 1, 2009 (instead of 2007), and begin keeping a record of violent acts by July 1, 2008 (instead of 2006); and (5) requires the Governor to convene a task force to evaluate the pilot project and make a report to the General Assembly by January 1, 2008. Effective immediately.

Actions 
DateChamber Action
  1/25/2005HouseFiled with the Clerk by Rep. Lou Lang
  1/26/2005HouseFirst Reading
  1/26/2005HouseReferred to Rules Committee
  2/2/2005HouseAssigned to Health Care Availability and Access Committee
  2/18/2005HouseAdded Co-Sponsor Rep. Dan Reitz
  2/23/2005HouseCo-Sponsor Rep. Harry Osterman
  2/24/2005HouseAdded Co-Sponsor Rep. JoAnn D. Osmond
  2/24/2005HouseAdded Co-Sponsor Rep. Karen May
  3/1/2005HouseHouse Amendment No. 1 Filed with Clerk by Health Care Availability and Access Committee
  3/1/2005HouseHouse Amendment No. 1 Adopted in Health Care Availability and Access Committee; by Voice Vote
  3/1/2005HouseDo Pass as Amended / Short Debate Health Care Availability and Access Committee; 010-000-000
  3/2/2005HousePlaced on Calendar 2nd Reading - Short Debate
  3/3/2005HouseHouse Amendment No. 2 Filed with Clerk by Rep. Lou Lang
  3/3/2005HouseHouse Amendment No. 2 Referred to Rules Committee
  3/3/2005HouseSecond Reading - Short Debate
  3/3/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/3/2005HouseRecalled to Second Reading - Short Debate
  3/3/2005HouseHeld on Calendar Order of Second Reading - Short Debate
  3/9/2005HouseHouse Amendment No. 3 Filed with Clerk by Rep. Lou Lang
  3/9/2005HouseHouse Amendment No. 3 Referred to Rules Committee
  3/14/2005HouseFiscal Note Requested by Rep. Terry R. Parke
  3/15/2005HouseHouse Amendment No. 3 Recommends Be Adopted Rules Committee; 005-000-000
  3/15/2005HouseAdded Co-Sponsor Rep. Larry McKeon
  3/15/2005HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  3/15/2005HouseHouse Amendment No. 4 Filed with Clerk by Rep. Lou Lang
  3/15/2005HouseHouse Amendment No. 4 Referred to Rules Committee
  3/16/2005HouseFiscal Note Filed As Amended by HA 1
  3/23/2005HouseFiscal Note Filed As Amended by HA 1
  3/28/2005HouseFiscal Note Filed As Amended by HA 1
  4/5/2005HouseHouse Amendment No. 4 Recommends Be Adopted Rules Committee; 005-000-000
  4/5/2005HouseFiscal Note Filed
  4/5/2005HouseFiscal Note Filed As Amended by HA 1
  4/5/2005HouseSecond Reading - Short Debate
  4/5/2005HouseHouse Amendment No. 3 Withdrawn by Rep. Lou Lang
  4/5/2005HouseHouse Amendment No. 4 Adopted by Voice Vote
  4/5/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/7/2005HouseThird Reading - Short Debate - Passed 111-001-002
  4/7/2005HouseHouse Amendment No. 2 Tabled Pursuant to Rule 40(a)
  4/7/2005HouseAdded Co-Sponsor Rep. Jack D. Franks
  4/7/2005HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/7/2005HouseAdded Co-Sponsor Rep. Milton Patterson
  4/8/2005SenateArrive in Senate
  4/8/2005SenatePlaced on Calendar Order of First Reading April 11, 2005
  4/8/2005SenateChief Senate Sponsor Sen. Debbie DeFrancesco Halvorson
  4/11/2005SenateFirst Reading
  4/11/2005SenateReferred to Rules
  4/11/2005SenateAdded as Alternate Chief Co-Sponsor Sen. John M. Sullivan
  4/12/2005SenateAdded as Alternate Co-Sponsor Sen. Larry K. Bomke
  4/13/2005SenateAssigned to Health & Human Services
  4/21/2005SenateAdded as Alternate Chief Co-Sponsor Sen. M. Maggie Crotty
  5/5/2005SenateDo Pass Health & Human Services; 010-000-000
  5/5/2005SenatePlaced on Calendar Order of 2nd Reading May 10, 2005
  5/11/2005SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson
  5/11/2005SenateSenate Floor Amendment No. 1 Referred to Rules
  5/16/2005SenateSenate Floor Amendment No. 1 Rules Refers to Health & Human Services
  5/18/2005SenateSenate Floor Amendment No. 1 Recommend Do Adopt Health & Human Services; 008-000-000
  5/19/2005SenateSecond Reading
  5/19/2005SenateSenate Floor Amendment No. 1 Adopted; Halvorson
  5/19/2005SenatePlaced on Calendar Order of 3rd Reading May 20, 2005
  5/20/2005SenateRule 2-10 Third Reading Deadline Extended to December 31, 2005
  5/26/2005SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson
  5/26/2005SenateSenate Floor Amendment No. 2 Referred to Rules
  5/26/2005SenateSenate Floor Amendment No. 2 Rules Refers to Health & Human Services
  5/26/2005SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson
  5/26/2005SenateSenate Floor Amendment No. 3 Referred to Rules
  5/26/2005SenateSenate Floor Amendment No. 2 Postponed - Health & Human Services
  5/27/2005SenateSenate Floor Amendment No. 3 Rules Refers to Health & Human Services
  5/27/2005SenateSenate Floor Amendment No. 3 Be Adopted Health & Human Services; 011-000-000
  5/27/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Donne E. Trotter
  5/27/2005SenateRecalled to Second Reading
  5/27/2005SenateSenate Floor Amendment No. 3 Adopted; Halvorson
  5/27/2005SenatePlaced on Calendar Order of 3rd Reading
  5/27/2005SenateThird Reading - Passed; 058-000-000
  5/27/2005SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  5/28/2005HouseArrived in House
  5/28/2005HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1,3
  5/28/2005HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Lou Lang
  5/28/2005HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Lou Lang
  5/28/2005HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/28/2005HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  5/29/2005HouseSenate Floor Amendment No. 1 Motion to Concur Rules Referred to Health Care Availability and Access Committee
  5/29/2005HouseSenate Floor Amendment No. 3 Motion to Concur Rules Referred to Health Care Availability and Access Committee
  5/30/2005HouseSenate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Health Care Availability and Access Committee; 007-000-000
  5/30/2005HouseSenate Floor Amendment No. 3 Motion to Concur Recommends be Adopted Health Care Availability and Access Committee; 007-000-000
  5/30/2005HouseSenate Floor Amendment No. 1 House Concurs 117-000-000
  5/30/2005HouseSenate Floor Amendment No. 3 House Concurs 117-000-000
  5/30/2005HouseAdded Co-Sponsor Rep. Kathleen A. Ryg
  5/30/2005HouseAdded Co-Sponsor Rep. Annazette Collins
  5/30/2005HouseAdded Co-Sponsor Rep. Gary Hannig
  5/30/2005SenateAdded as Alternate Co-Sponsor Sen. Jacqueline Y. Collins
  5/30/2005HousePassed Both Houses
  6/28/2005HouseSent to the Governor
  7/28/2005HouseGovernor Approved
  7/28/2005HouseEffective Date July 28, 2005
  7/28/2005HousePublic Act . . . . . . . . . 94-0347

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