Health Care Availability and Access Committee
Filed: 2/21/2007
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1 | AMENDMENT TO HOUSE BILL 378
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2 | AMENDMENT NO. ______. Amend House Bill 378 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the MRSA | ||||||
5 | Screening and Reporting Act. | ||||||
6 | Section 5. MRSA control program. In order to improve the | ||||||
7 | prevention of hospital-associated bloodstream infections due | ||||||
8 | to methicillin-resistant Staphylococcus aureus ("MRSA"), every | ||||||
9 | hospital shall establish an MRSA control program that requires: | ||||||
10 | (1) Identification of all MRSA-colonized patients in | ||||||
11 | all intensive care units, and at-risk patients identified | ||||||
12 | by the hospital, through active surveillance testing. | ||||||
13 | (2) Isolation of identified MRSA-colonized or | ||||||
14 | MRSA-infected patients in an appropriate manner. | ||||||
15 | (3) Strict adherence to hand washing and hygiene | ||||||
16 | guidelines. |
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1 | (4) Maintenance of records and reporting of cases under | ||||||
2 | Section 10 of this Act.
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3 | Section 10. Reports to Department of Public Health. | ||||||
4 | (a) For all patients who are identified with nosocomial S. | ||||||
5 | aureus bloodstream infection or asymptomatic colonization due | ||||||
6 | to MRSA pursuant to Section 5, the Department of Public Health | ||||||
7 | shall require the annual reporting of such cases as a | ||||||
8 | communicable disease or condition. The report shall include the | ||||||
9 | total numbers of all nosocomial S. aureus bloodstream | ||||||
10 | infections as well as subsets due to MRSA or MSSA, defined as | ||||||
11 | those S. aureus bloodstream infections that are acquired during | ||||||
12 | the initial stay in the hospital with onset of symptoms after | ||||||
13 | 72 hours in the hospital or that are present upon readmission | ||||||
14 | to the hospital within 30 days after discharge from the prior | ||||||
15 | stay. The Department shall compile aggregate data from all | ||||||
16 | hospitals for all such patients and shall make such data | ||||||
17 | available on its website and in all reports on health | ||||||
18 | statistics and reportable communicable disease cases in | ||||||
19 | Illinois. | ||||||
20 | (b) The Department of Public Health shall establish by | ||||||
21 | regulation a list of those communicable diseases and conditions | ||||||
22 | for which annual reporting of specific data shall be required. | ||||||
23 | (c) After October 1, 2007, such reportable diseases and | ||||||
24 | conditions shall include the total number of infections due to | ||||||
25 | methicillin-resistant Staphylococcus aureus (MRSA) that are |
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1 | (1) present on admission to a hospital and (2) present on | ||||||
2 | discharge from but not present on admission to a hospital, | ||||||
3 | reported separately, as compiled from diagnostic codes | ||||||
4 | contained in hospital discharge data provided to the | ||||||
5 | Department; provided that such reporting requirement shall | ||||||
6 | apply only for patients in all intensive care units and other | ||||||
7 | at-risk patients identified by hospitals for active | ||||||
8 | surveillance testing for MRSA. The Department is authorized to | ||||||
9 | require hospitals or any association of hospitals, after | ||||||
10 | October 1, 2007, to submit data to the Department that is coded | ||||||
11 | as "present on admission" and "present on discharge". | ||||||
12 | Section 90. The Regulatory Sunset Act is amended by | ||||||
13 | changing Section 4.21 as follows:
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14 | (5 ILCS 80/4.21)
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15 | Sec. 4.21. Acts repealed on January 1, 2011. The following
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16 | Acts are repealed
on January 1, 2011:
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17 | The Fire Equipment Distributor and Employee Regulation Act | ||||||
18 | of 2000.
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19 | The Radiation Protection Act of 1990.
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20 | The MRSA Screening and Reporting Act.
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21 | (Source: P.A. 91-752, eff. 6-2-00; 91-835, eff. 6-16-00; 92-16, | ||||||
22 | eff.
6-28-01.)
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23 | Section 95. The Hospital Licensing Act is amended by |
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1 | changing Section 6.08 as follows:
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2 | (210 ILCS 85/6.08) (from Ch. 111 1/2, par. 147.08)
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3 | Sec. 6.08. (a) Every hospital shall provide notification as | ||||||
4 | required in
this Section to police officers, firefighters, | ||||||
5 | emergency
medical technicians, and
ambulance personnel who | ||||||
6 | have provided or are about to provide emergency
care or life | ||||||
7 | support services to a patient who has been diagnosed as having
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8 | a dangerous communicable or infectious disease. Such | ||||||
9 | notification shall
not include the name of the patient, and the | ||||||
10 | emergency services provider
agency and any person receiving | ||||||
11 | such
notification shall treat the information received as a | ||||||
12 | confidential medical
record.
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13 | (b) The Department shall establish by regulation a list of | ||||||
14 | those
communicable reportable diseases and conditions for | ||||||
15 | which
notification shall
be
provided. | ||||||
16 | (b-5) The Department shall establish by regulation a list | ||||||
17 | of those communicable diseases and conditions for which annual | ||||||
18 | reporting of specific data shall be required. This subsection | ||||||
19 | (b-5) is inoperative after December 31, 2010. | ||||||
20 | (b-10) After October 1, 2007, such reportable diseases and | ||||||
21 | conditions shall include the total number of infections due to | ||||||
22 | methicillin-resistant Staphylococcus aureus (MRSA) that are | ||||||
23 | (1) present on admission to a hospital and (2) present on | ||||||
24 | discharge from but not present on admission to a hospital, | ||||||
25 | reported separately, as compiled from diagnostic codes |
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1 | contained in hospital discharge data provided to the | ||||||
2 | Department; provided that such reporting requirement shall | ||||||
3 | apply only for patients in all intensive care units and other | ||||||
4 | at-risk patients identified by hospitals for active | ||||||
5 | surveillance testing for MRSA. The Department is authorized to | ||||||
6 | require hospitals or any association of hospitals, after | ||||||
7 | October 1, 2007, to submit data to the Department that is coded | ||||||
8 | as "present on admission" and "present on discharge". This | ||||||
9 | subsection (b-10) is inoperative after December 31, 2010.
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10 | (c) The hospital shall send the letter of notification | ||||||
11 | within 72 hours
after a confirmed diagnosis of any of the | ||||||
12 | communicable diseases listed by
the Department pursuant to | ||||||
13 | subsection (b), except confirmed diagnoses of
Acquired | ||||||
14 | Immunodeficiency Syndrome (AIDS). If there is a confirmed
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15 | diagnosis of AIDS, the hospital shall send the letter of | ||||||
16 | notification only
if the police officers, firefighters, | ||||||
17 | emergency medical
technicians, or ambulance personnel have
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18 | indicated on the ambulance run
sheet that a reasonable | ||||||
19 | possibility exists that they have had blood or body
fluid | ||||||
20 | contact with the patient, or if hospital personnel providing | ||||||
21 | the
notification have reason to know of a possible exposure.
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22 | (d) Notification letters shall be sent to the designated | ||||||
23 | contact at the
municipal or private provider agencies listed on | ||||||
24 | the ambulance run sheet.
Except in municipalities with a | ||||||
25 | population over 1,000,000, a list
attached to the
ambulance run | ||||||
26 | sheet must contain all municipal and private provider
agency
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1 | personnel who have provided any pre-hospital care immediately | ||||||
2 | prior to
transport.
In municipalities with a population over | ||||||
3 | 1,000,000, the
ambulance run sheet must contain the company | ||||||
4 | number or unit
designation number for any fire department | ||||||
5 | personnel who have
provided any pre-hospital care immediately | ||||||
6 | prior to transport.
The letter
shall state the names of crew | ||||||
7 | members listed on
the attachment to
the ambulance
run sheet and | ||||||
8 | the name of the
communicable disease diagnosed, but shall not
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9 | contain the patient's name. Upon receipt of such notification | ||||||
10 | letter, the
applicable private provider agency or the | ||||||
11 | designated infectious disease
control officer of a municipal | ||||||
12 | fire department or fire protection
district shall contact all | ||||||
13 | personnel involved in the pre-hospital or
inter-hospital care | ||||||
14 | and transport of the patient. Such notification letter
may, but | ||||||
15 | is not required to, consist of the following form:
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16 | NOTIFICATION LETTER
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17 | (NAME OF HOSPITAL)
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18 | (ADDRESS)
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19 | TO:...... (Name of Organization)
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20 | FROM:.....(Infection Control Coordinator)
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21 | DATE:.....
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22 | As required by Section 6.08 of the Illinois Hospital | ||||||
23 | Licensing Act,
.....(name of hospital) is hereby providing | ||||||
24 | notification that the following
crew
members or agencies | ||||||
25 | transported or provided pre-hospital care to a patient
on ..... | ||||||
26 | (date), and the transported patient was later
diagnosed as
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1 | having .....(name
of communicable disease): .....(list of crew | ||||||
2 | members). The Hospital
Licensing Act requires you to maintain | ||||||
3 | this information as a confidential
medical record. Disclosure | ||||||
4 | of this information may therefore result in
civil liability for | ||||||
5 | the individual or company breaching the patient's
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6 | confidentiality, or both.
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7 | If you have any questions regarding this patient, please | ||||||
8 | contact me at
.....(telephone number), between .....(hours). | ||||||
9 | Questions regarding exposure
or the financial aspects of | ||||||
10 | obtaining medical care should be directed to your
employer.
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11 | (e) Upon discharge of a patient with a communicable disease | ||||||
12 | to emergency
personnel, the hospital shall notify the emergency | ||||||
13 | personnel of appropriate
precautions against the communicable | ||||||
14 | disease, but shall not identify the
name of the disease.
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15 | (f) The hospital may, in its discretion, take any measures | ||||||
16 | in addition
to those required in this Section to notify
police | ||||||
17 | officers, firefighters,
emergency medical technicians, and | ||||||
18 | ambulance
personnel of possible exposure to any communicable | ||||||
19 | disease. However, in
all cases this information shall be | ||||||
20 | maintained as a confidential medical
record.
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21 | (g) Any person providing or failing to provide notification | ||||||
22 | under the
protocol required by this Section shall have immunity | ||||||
23 | from any liability,
either criminal or civil, that might result | ||||||
24 | by reason of such action or
inaction, unless such action or | ||||||
25 | inaction is willful.
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26 | (h) Any person who willfully fails to provide any |
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1 | notification required
pursuant to an applicable protocol which | ||||||
2 | has been adopted and approved
pursuant to this Section commits | ||||||
3 | a petty offense, and shall be subject
to a fine of $200 for the | ||||||
4 | first offense, and $500 for a second or subsequent
offense.
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5 | (i) Nothing in this Section shall preclude a civil action | ||||||
6 | by a
firefighter,
emergency medical technician, or ambulance | ||||||
7 | crew member against
an emergency services provider
agency, | ||||||
8 | municipal fire department, or fire protection district that | ||||||
9 | fails to
inform the member in a timely
fashion of the
receipt | ||||||
10 | of a notification letter.
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11 | (Source: P.A. 92-363, eff. 1-1-02.)
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
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