Full Text of HB0192 095th General Assembly
HB0192enr 95TH GENERAL ASSEMBLY
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HB0192 Enrolled |
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LRB095 03991 DRJ 24024 b |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Mental Health and Developmental | 5 |
| Disabilities Administrative Act is amended by adding Section | 6 |
| 10.5 as follows: | 7 |
| (20 ILCS 1705/10.5 new) | 8 |
| Sec. 10.5. Prevention and control of Multidrug-Resistant | 9 |
| Organisms. The Department, in consultation with the Department | 10 |
| of Public Health, shall adopt rules that may require one or | 11 |
| more of the facilities described in Section 4 of this Act to | 12 |
| implement comprehensive interventions to prevent and control | 13 |
| multidrug-resistant organisms (MDROs), including | 14 |
| methicillin-resistant Staphylococcus aureus (MRSA), | 15 |
| vancomycin-resistant enterococci (VRE), and certain | 16 |
| gram-negative bacilli (GNB), pursuant to updated prevention | 17 |
| and control interventions recommended by the U.S. Centers for | 18 |
| Disease Control and Prevention. The Department shall also | 19 |
| require facilities to submit reports to the Department that | 20 |
| contain substantially the same information contained in the | 21 |
| related infection reports required to be submitted by hospitals | 22 |
| to the Department of Public Health under Section 25 of the | 23 |
| Hospital Report Card Act. The Department shall provide that |
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| information to the Department of Public Health upon the | 2 |
| Department of Public Health's request. | 3 |
| Section 10. The Department of Public Health Powers and | 4 |
| Duties Law of the
Civil Administrative Code of Illinois is | 5 |
| amended by adding Section 2310-312 as follows: | 6 |
| (20 ILCS 2310/2310-312 new) | 7 |
| Sec. 2310-312. Multidrug-Resistant Organisms. The | 8 |
| Department shall perform the following functions in relation to | 9 |
| the prevention and control of Multidrug-Resistant Organisms | 10 |
| (MDROs), including methicillin-resistant Staphylococcus aureus | 11 |
| (MRSA), vancomycin-resistant (VRE) and certain gram-negative | 12 |
| bacilli (GNB), as these terms are referenced by the United | 13 |
| States Centers for Disease Control and Prevention: | 14 |
| (1) Except with regard to hospitals, for which | 15 |
| administrative rules shall be adopted in accordance with | 16 |
| Section 6.23 of the Hospital Licensing Act and Section 7 of | 17 |
| the University of Illinois Hospital Act, the Department | 18 |
| shall adopt administrative rules for health care | 19 |
| facilities subject to licensure, certification, | 20 |
| registration, or other regulation by the Department that | 21 |
| may require one or more types of those facilities to (i) | 22 |
| perform an annual infection control risk assessment, (ii) | 23 |
| develop infection control policies for MDROs that are based | 24 |
| on this assessment and incorporate, as appropriate, |
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| updated recommendations of the U.S. Centers for Disease | 2 |
| Control and Prevention for the prevention and control of | 3 |
| MDROs, and (iii) enforce hand hygiene requirements. | 4 |
| (2) The Department shall: | 5 |
| (A) publicize guidelines for reducing the | 6 |
| incidence of MDROs to health care providers, health | 7 |
| care facilities, public health departments, prisons, | 8 |
| jails, and the general public; and | 9 |
| (B) provide periodic reports and updates to public | 10 |
| officials, health professionals, and the general | 11 |
| public statewide regarding new developments or | 12 |
| procedures concerning prevention and management of | 13 |
| infections due to MDROs. | 14 |
| (3) The Department shall publish a yearly report | 15 |
| regarding MRSA and Clostridium difficile infections based | 16 |
| on the Hospital Discharge Dataset. The Department is | 17 |
| authorized to require hospitals, based on guidelines | 18 |
| developed by the National Center for Health Statistics, | 19 |
| after October 1, 2007, to submit data to the Department | 20 |
| that is coded as "present on admission" and "occurred | 21 |
| during the stay". | 22 |
| (4) Reporting to the Department under the Hospital | 23 |
| Report Card Act shall include organisms, including but not | 24 |
| limited to MRSA, that are responsible for central venous | 25 |
| catheter-associated bloodstream infections and | 26 |
| ventilator-associated pneumonia in designated hospital |
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| units. | 2 |
| (5) The Department shall implement surveillance for | 3 |
| designated cases of community associated MRSA infections | 4 |
| for a period of at least 3 years, beginning on or before | 5 |
| January 1, 2008. | 6 |
| Section 15. The University of Illinois Hospital Act is | 7 |
| amended by adding Section 7 as follows: | 8 |
| (110 ILCS 330/7 new) | 9 |
| Sec. 7. Prevention and control for Multidrug-Resistant | 10 |
| Organisms. The University of Illinois Hospital shall develop | 11 |
| and implement comprehensive interventions to prevent and | 12 |
| control multidrug-resistant organisms (MDROs), including | 13 |
| methicillin-resistant Staphylococcus aureus (MRSA), | 14 |
| vancomycin-resistant enterococci (VRE), and certain | 15 |
| gram-negative bacilli (GNB), that take into consideration | 16 |
| guidelines of the U.S. Centers for Disease Control and | 17 |
| Prevention for the management of MDROs in healthcare settings. | 18 |
| The Department of Public Health shall adopt administrative | 19 |
| rules that require the University of Illinois Hospital to | 20 |
| perform an annual facility-wide infection control risk | 21 |
| assessment and enforce hand hygiene and contact precaution | 22 |
| requirements. | 23 |
| Section 20. The Hospital Licensing Act is amended by adding |
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| Section 6.23 as follows: | 2 |
| (210 ILCS 85/6.23 new) | 3 |
| Sec. 6.23. Prevention and control of Multidrug-Resistant | 4 |
| Organisms. Each hospital shall develop and implement | 5 |
| comprehensive interventions to prevent and control | 6 |
| multidrug-resistant organisms (MDROs), including | 7 |
| methicillin-resistant Staphylococcus aureus (MRSA), | 8 |
| vancomycin-resistant enterococci (VRE), and certain | 9 |
| gram-negative bacilli (GNB), that take into consideration | 10 |
| guidelines of the U.S. Centers for Disease Control and | 11 |
| Prevention for the management of MDROs in healthcare settings. | 12 |
| The Department shall adopt administrative rules that require | 13 |
| hospitals to perform an annual facility-wide infection control | 14 |
| risk assessment and enforce hand hygiene and contact precaution | 15 |
| requirements. | 16 |
| Section 25. The Hospital Report Card Act is amended by | 17 |
| changing Section 25 as follows:
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| (210 ILCS 86/25)
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| Sec. 25. Hospital reports.
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| (a) Individual hospitals shall prepare a quarterly report | 21 |
| including all of
the
following:
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| (1) Nursing hours per patient day, average daily | 23 |
| census, and average daily
hours worked
for each clinical |
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| service area.
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| (2) Infection-related measures for the facility for | 3 |
| the specific clinical
procedures
and devices determined by | 4 |
| the Department by rule under 2 or more of the following | 5 |
| categories:
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| (A) Surgical procedure outcome measures.
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| (B) Surgical procedure infection control process | 8 |
| measures.
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| (C)
Outcome or process measures related to | 10 |
| ventilator-associated pneumonia.
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| (D) Central vascular catheter-related bloodstream | 12 |
| infection rates in designated critical care units.
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| (3) Information required under paragraph (4) of | 14 |
| Section 2310-312 of the Department of Public Health Powers | 15 |
| and Duties Law of the
Civil Administrative Code of | 16 |
| Illinois.
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| The infection-related measures developed by the Department | 18 |
| shall be based upon measures and methods developed by the | 19 |
| Centers for Disease Control and Prevention, the Centers for | 20 |
| Medicare and Medicaid Services, the Agency for Healthcare | 21 |
| Research and Quality, the Joint Commission on Accreditation of | 22 |
| Healthcare Organizations, or the National Quality Forum. | 23 |
| The Department shall include interpretive guidelines for | 24 |
| infection-related indicators and, when available, shall | 25 |
| include relevant benchmark information published by national | 26 |
| organizations.
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| (b) Individual hospitals shall prepare annual reports | 2 |
| including vacancy and
turnover rates
for licensed nurses per | 3 |
| clinical service area.
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| (c) None of the information the Department discloses to the | 5 |
| public may be
made
available
in any form or fashion unless the | 6 |
| information has been reviewed, adjusted, and
validated
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| according to the following process:
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| (1) The Department shall organize an advisory | 9 |
| committee, including
representatives
from the Department, | 10 |
| public and private hospitals, direct care nursing staff,
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| physicians,
academic researchers, consumers, health | 12 |
| insurance companies, organized labor,
and
organizations | 13 |
| representing hospitals and physicians. The advisory | 14 |
| committee
must be
meaningfully involved in the development | 15 |
| of all aspects of the Department's
methodology
for | 16 |
| collecting, analyzing, and disclosing the information | 17 |
| collected under this
Act, including
collection methods, | 18 |
| formatting, and methods and means for release and
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| dissemination.
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| (2) The entire methodology for collecting and | 21 |
| analyzing the data shall be
disclosed
to all
relevant | 22 |
| organizations and to all hospitals that are the subject of | 23 |
| any
information to be made
available to the public before | 24 |
| any public disclosure of such information.
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| (3) Data collection and analytical methodologies shall | 26 |
| be used that meet
accepted
standards of validity and |
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| reliability before any information is made available
to the | 2 |
| public.
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| (4) The limitations of the data sources and analytic | 4 |
| methodologies used to
develop
comparative hospital | 5 |
| information shall be clearly identified and acknowledged,
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| including but not
limited to the appropriate and | 7 |
| inappropriate uses of the data.
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| (5) To the greatest extent possible, comparative | 9 |
| hospital information
initiatives shall
use standard-based | 10 |
| norms derived from widely accepted provider-developed
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| practice
guidelines.
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| (6) Comparative hospital information and other | 13 |
| information that the
Department
has
compiled regarding | 14 |
| hospitals shall be shared with the hospitals under review
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| prior to
public
dissemination of such information and these | 16 |
| hospitals have 30 days to make
corrections and
to add | 17 |
| helpful explanatory comments about the information before | 18 |
| the
publication.
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| (7) Comparisons among hospitals shall adjust for | 20 |
| patient case mix and
other
relevant
risk factors and | 21 |
| control for provider peer groups, when appropriate.
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| (8) Effective safeguards to protect against the | 23 |
| unauthorized use or
disclosure
of
hospital information | 24 |
| shall be developed and implemented.
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| (9) Effective safeguards to protect against the | 26 |
| dissemination of
inconsistent,
incomplete, invalid, |
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| inaccurate, or subjective hospital data shall be developed
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| and
implemented.
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| (10) The quality and accuracy of hospital information | 4 |
| reported under this
Act
and its
data collection, analysis, | 5 |
| and dissemination methodologies shall be evaluated
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| regularly.
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| (11) Only the most basic identifying information from | 8 |
| mandatory reports
shall be
used, and
information | 9 |
| identifying a patient, employee, or licensed professional
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| shall not be released.
None of the information the | 11 |
| Department discloses to the public under this Act
may be | 12 |
| used to
establish a standard of care in a private civil | 13 |
| action.
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| (d) Quarterly reports shall be submitted, in a format set | 15 |
| forth in rules
adopted
by the
Department, to the Department by | 16 |
| April 30, July 31, October 31, and January 31
each year
for the | 17 |
| previous quarter. Data in quarterly reports must cover a period | 18 |
| ending
not earlier than
one month prior to submission of the | 19 |
| report. Annual reports shall be submitted
by December
31 in a | 20 |
| format set forth in rules adopted by the Department to the | 21 |
| Department.
All reports
shall be made available to the public | 22 |
| on-site and through the Department.
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| (e) If the hospital is a division or subsidiary of another | 24 |
| entity that owns
or
operates other
hospitals or related | 25 |
| organizations, the annual public disclosure report shall
be for | 26 |
| the specific
division or subsidiary and not for the other |
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| entity.
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| (f) The Department shall disclose information under this | 3 |
| Section in
accordance with provisions for inspection and | 4 |
| copying of public records
required by the Freedom of
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| Information Act provided that such information satisfies the | 6 |
| provisions of
subsection (c) of this Section.
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| (g) Notwithstanding any other provision of law, under no | 8 |
| circumstances shall
the
Department disclose information | 9 |
| obtained from a hospital that is confidential
under Part 21
of | 10 |
| Article 8 of the Code of Civil Procedure.
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| (h) No hospital report or Department disclosure may contain | 12 |
| information
identifying a patient, employee, or licensed | 13 |
| professional.
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| (Source: P.A. 93-563, eff. 1-1-04; 94-275, eff. 7-19-05.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
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