Bill Text: IL SB3137 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Reinserts the provisions of the bill, as amended by Senate Amendments numbers 1 and 2 with the following change, in the amendatory changes to the Substance Use Disorder Act, provides that the notice shall be provided for persons whose death occurred in a licensed facility for the treatment of substance use disorders (rather than at treatment programs). Effective immediately.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Engrossed) 2024-04-24 - Assigned to Mental Health & Addiction Committee [SB3137 Detail]
Download: Illinois-2023-SB3137-Engrossed.html
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| 1 | AN ACT concerning health.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 1. This Act may be referred to as Jordan's Law.
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| 5 | Section 5. The Substance Use Disorder Act is amended by | ||||||
| 6 | adding Section 55-45 as follows:
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| 7 | (20 ILCS 301/55-45 new) | ||||||
| 8 | Sec. 55-45. Notice of death of patient. Any licensed | ||||||
| 9 | facility operating in this State shall provide notice of the | ||||||
| 10 | death of a patient occurring in the facility to the personal | ||||||
| 11 | representative of the patient. The facility shall provide | ||||||
| 12 | verbal notice to the personal representative of the patient | ||||||
| 13 | within 24 hours after the death of the patient and shall | ||||||
| 14 | provide written notice to the personal representative, if | ||||||
| 15 | known, of the patient within 5 days after the death of the | ||||||
| 16 | patient. The facility shall provide notice under this | ||||||
| 17 | subsection in accordance with 42 CFR 2.15(b) and 45 CFR | ||||||
| 18 | 164.502(g), as amended. For the purposes of this subsection, | ||||||
| 19 | "personal representative" has the meaning set forth in 45 CFR | ||||||
| 20 | 164.502(g).
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| 21 | Section 10. The Mental Health and Developmental | ||||||
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| 1 | Disabilities Code is amended by adding Section 5-100.1 as | ||||||
| 2 | follows:
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| 3 | (405 ILCS 5/5-100.1 new) | ||||||
| 4 | Sec. 5-100.1. Notice of death of patient. Any mental | ||||||
| 5 | health or developmental disabilities facility operating in | ||||||
| 6 | this State shall provide notice of the death of a recipient of | ||||||
| 7 | services occurring in the facility to the personal | ||||||
| 8 | representative of the recipient of services. The facility | ||||||
| 9 | shall provide verbal notice to the personal representative, if | ||||||
| 10 | known, of the recipient of services within 24 hours after the | ||||||
| 11 | death of the recipient of services and shall provide written | ||||||
| 12 | notice to the personal representative of the recipient of | ||||||
| 13 | services within 5 days after the death of the recipient of | ||||||
| 14 | services. The facility shall provide notice under this | ||||||
| 15 | subsection in accordance with Sections 4 and 5 of the Mental | ||||||
| 16 | Health and Developmental Disabilities Confidentiality Act and | ||||||
| 17 | 45 CFR 164.502(g), as amended. For the purposes of this | ||||||
| 18 | subsection, "personal representative" has the meaning set | ||||||
| 19 | forth in 45 CFR 164.502(g).
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