SB1943 97TH GENERAL ASSEMBLY

LRB097 07224 RPM 47331 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1943

Introduced 2/10/2011, by Sen. William Delgado

SYNOPSIS AS INTRODUCED:

410 ILCS 50/5
410 ILCS 50/5.1 new
410 ILCS 50/5.2 new

Amends the Medical Patient Rights Act. Provides that a hospital must include in its written statement of patients' rights the right not to be discriminated against by the hospital due to the patient's race, color, or national origin where such characteristics are not relevant to the patient's medical diagnosis and treatment, and that the statement should put the patient on notice on how to initiate a grievance with the hospital or with the Illinois Department of Public Health regarding improper discrimination. Sets forth discrimination grievance procedures and provides language all hospitals must post for the benefit of patients regarding the hospital's emergency room anti-discrimination policy. Effective immediately.

A BILL FOR

AN ACT concerning public health.

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

Section 5. The Medical Patient Rights Act is amended by changing Section 5 and adding Sections 5.1 and 5.2 as follows:

(410 ILCS 50/5)

Sec. 5. Statement of hospital patient's rights.

(a) Each patient admitted to a hospital, and the guardian or authorized representative or parent of a minor patient, shall be given a written statement of all the rights enumerated in this Act, or a similar statement of patients' rights required of the hospital by the Joint Commission on Accreditation of Healthcare Organizations or a similar accrediting organization. The statement shall be given at the time of admission or as soon thereafter as the condition of the patient permits.

(b) If a patient is unable to read the written statement, a hospital shall make a reasonable effort to provide it to the guardian or authorized representative of the patient.

(c) The statement shall also include the right not to be discriminated against by the hospital due to the patient's race, color, or national origin where such characteristics are not relevant to the patient's medical diagnosis and treatment. The statement shall further provide each admitted patient or the patient's representative or guardian with notice of how to initiate a grievance regarding improper discrimination with the hospital and how the patient may lodge a grievance with the Illinois Department of Public Health regardless of whether the patient has first used the hospital's grievance process.

(Source: P.A. 88-56; 88-670, eff. 12-2-94.)

(410 ILCS 50/5.1 new)

Sec. 5.1. Discrimination grievance procedures. Upon receipt of a grievance alleging unlawful discrimination on the basis of race, color, or national origin, the hospital must investigate the claim and work with the patient to address valid or proven concerns in accordance with the hospital's grievance process. At the conclusion of the hospital's grievance process, the hospital shall inform the patient that such grievances may be reported to the Illinois Department of Public Health if not resolved to the patient's satisfaction at the hospital level.

(410 ILCS 50/5.2 new)

Sec. 5.2. Emergency room anti-discrimination notice. Every hospital shall post a sign next to or in close proximity of its sign required by Section 489.20 (q)(1) of Title 42 of the Code of Federal Regulations stating the following:

"You have the right not to be discriminated against by the hospital due to your race, color, or national origin if these characteristics are unrelated to your diagnosis or treatment. If you believe this right has been violated, please call (insert number for hospital grievance officer).".

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