Bill Text: IL HB3191 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the University of Illinois Hospital Act, the Nursing Home Care Act, the ID/DD Community Care Act, the Specialized Mental Health Rehabilitation Act, and the Hospital Licensing Act. Requires the University of Illinois Hospital and other hospitals to adopt an influenza and pneumococcal immunization policy that includes procedures for offering immunization against influenza virus when available between September 1 and April 1, and against pneumococcal disease upon admission or discharge, to patients unless contraindicated (removes language limiting the provision to patients age 65 or older). Provides that the immunizations shall be offered in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention that are most recent to the time of vaccination. Provides that long term care facilities, ID/DD facilities, and specialized mental health rehabilitation facilities shall administer or arrange for administration of a pneumococcal vaccination to each resident (instead of each resident who is age 65 and over).
Spectrum: Bipartisan Bill
Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0271 [HB3191 Detail]
Download: Illinois-2013-HB3191-Enrolled.html
Bill Title: Amends the University of Illinois Hospital Act, the Nursing Home Care Act, the ID/DD Community Care Act, the Specialized Mental Health Rehabilitation Act, and the Hospital Licensing Act. Requires the University of Illinois Hospital and other hospitals to adopt an influenza and pneumococcal immunization policy that includes procedures for offering immunization against influenza virus when available between September 1 and April 1, and against pneumococcal disease upon admission or discharge, to patients unless contraindicated (removes language limiting the provision to patients age 65 or older). Provides that the immunizations shall be offered in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention that are most recent to the time of vaccination. Provides that long term care facilities, ID/DD facilities, and specialized mental health rehabilitation facilities shall administer or arrange for administration of a pneumococcal vaccination to each resident (instead of each resident who is age 65 and over).
Spectrum: Bipartisan Bill
Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0271 [HB3191 Detail]
Download: Illinois-2013-HB3191-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The University of Illinois Hospital Act is | ||||||
5 | amended by changing Section 8 as follows:
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6 | (110 ILCS 330/8) | ||||||
7 | Sec. 8. Immunization against influenza virus and | ||||||
8 | pneumococcal disease. The University of Illinois Hospital | ||||||
9 | shall adopt an influenza and pneumococcal
immunization policy | ||||||
10 | that includes, but need not be limited to, the
following: | ||||||
11 | (1) Procedures for identifying patients age 65 or older
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12 | and, at the discretion of the facility, other patients at | ||||||
13 | risk. | ||||||
14 | (2) Procedures for offering immunization against | ||||||
15 | influenza virus when available
between September 1 and | ||||||
16 | April 1, and against pneumococcal disease upon
admission or | ||||||
17 | discharge, to patients in accordance with the | ||||||
18 | recommendations of the Advisory Committee on Immunization | ||||||
19 | Practices of the Centers for Disease Control and Prevention | ||||||
20 | that are most recent to the time of vaccination age 65 or | ||||||
21 | older , unless contraindicated. | ||||||
22 | (3) Procedures
for ensuring that patients offered | ||||||
23 | immunization, or their guardians,
receive information |
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1 | regarding the risks and benefits of vaccination. | ||||||
2 | The hospital shall provide a copy of its influenza and | ||||||
3 | pneumococcal immunization policy to the Illinois Department of | ||||||
4 | Public Health upon request.
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5 | (Source: P.A. 96-343, eff. 8-11-09; 96-1000, eff. 7-2-10.)
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6 | Section 10. The Nursing Home Care Act is amended by | ||||||
7 | changing Section 2-213 as follows:
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8 | (210 ILCS 45/2-213)
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9 | Sec. 2-213. Vaccinations.
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10 | (a) A facility shall annually administer or arrange for | ||||||
11 | administration of a vaccination against influenza to
each
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12 | resident, in accordance with the recommendations of the | ||||||
13 | Advisory Committee on
Immunization Practices of the Centers for | ||||||
14 | Disease Control and Prevention that
are most
recent to the time | ||||||
15 | of vaccination, unless the vaccination is medically
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16 | contraindicated or
the resident has refused the vaccine. | ||||||
17 | Influenza vaccinations for all residents
age 65 and
over shall | ||||||
18 | be completed by November 30 of each year or as soon as | ||||||
19 | practicable
if vaccine
supplies are not available before | ||||||
20 | November 1. Residents admitted after November
30,
during the | ||||||
21 | flu season, and until February 1 shall, as medically | ||||||
22 | appropriate,
receive an influenza vaccination prior to or upon | ||||||
23 | admission or as soon as
practicable if vaccine
supplies are not | ||||||
24 | available at the time of the admission, unless the vaccine is
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1 | medically
contraindicated or the resident has refused the | ||||||
2 | vaccine. In the event that the
Advisory
Committee on | ||||||
3 | Immunization Practices of the Centers for Disease Control and
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4 | Prevention
determines that dates of administration other than | ||||||
5 | those stated in this Act are
optimal to
protect the health of | ||||||
6 | residents, the Department is authorized to develop rules
to | ||||||
7 | mandate
vaccinations at those times rather than the times | ||||||
8 | stated in this Act. A
facility shall document in the resident's | ||||||
9 | medical record that an annual
vaccination against influenza
was | ||||||
10 | administered, arranged, refused or medically contraindicated.
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11 | (b) A facility shall administer or arrange for | ||||||
12 | administration of a pneumococcal
vaccination to each resident | ||||||
13 | who is age 65 and over , in accordance with the
recommendations | ||||||
14 | of the Advisory Committee on Immunization Practices of the
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15 | Centers
for Disease Control and Prevention, who has not | ||||||
16 | received this immunization
prior to or
upon admission to the | ||||||
17 | facility, unless the resident refuses the offer for
vaccination | ||||||
18 | or the
vaccination is medically contraindicated. A facility | ||||||
19 | shall document in each
resident's
medical record that a | ||||||
20 | vaccination against pneumococcal pneumonia was offered
and | ||||||
21 | administered, arranged, refused, or medically contraindicated.
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22 | (c) All persons seeking admission to a nursing facility | ||||||
23 | shall be verbally screened for risk factors associated with | ||||||
24 | hepatitis B, hepatitis C, and the Human Immunodeficiency Virus | ||||||
25 | (HIV) according to guidelines established by the U.S. Centers | ||||||
26 | for Disease Control and Prevention. Persons who are identified |
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1 | as being at high risk for hepatitis B, hepatitis C, or HIV | ||||||
2 | shall be offered an opportunity to undergo laboratory testing | ||||||
3 | in order to determine infection status if they will be admitted | ||||||
4 | to the nursing facility for at least 7 days and are not known | ||||||
5 | to be infected with any of the listed viruses. All HIV testing | ||||||
6 | shall be conducted in compliance with the AIDS Confidentiality | ||||||
7 | Act. All persons determined to be susceptible to the hepatitis | ||||||
8 | B virus shall be offered immunization within 10 days of | ||||||
9 | admission to any nursing facility. A facility shall document in | ||||||
10 | the resident's medical record that he or she was verbally | ||||||
11 | screened for risk factors associated with hepatitis B, | ||||||
12 | hepatitis C, and HIV, and whether or not the resident was | ||||||
13 | immunized against hepatitis B. Nothing in this subsection (c) | ||||||
14 | shall apply to a nursing facility licensed or regulated by the | ||||||
15 | Illinois Department of Veterans' Affairs. | ||||||
16 | (d) A skilled nursing facility shall designate a person or | ||||||
17 | persons as Infection Prevention and Control Professionals to | ||||||
18 | develop and implement policies governing control of infections | ||||||
19 | and communicable diseases. The Infection Prevention and | ||||||
20 | Control Professionals shall be qualified through education, | ||||||
21 | training, experience, or certification or a combination of such | ||||||
22 | qualifications. The Infection Prevention and Control | ||||||
23 | Professional's qualifications shall be documented and shall be | ||||||
24 | made available for inspection by the Department. | ||||||
25 | (Source: P.A. 96-1259, eff. 1-1-11; 97-107, eff. 1-1-12.)
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1 | Section 15. The ID/DD Community Care Act is amended by | ||||||
2 | changing Section 2-213 as follows:
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3 | (210 ILCS 47/2-213)
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4 | Sec. 2-213. Vaccinations. | ||||||
5 | (a) A facility shall annually administer or arrange for | ||||||
6 | administration of a vaccination against influenza to each | ||||||
7 | resident, in accordance with the recommendations of the | ||||||
8 | Advisory Committee on Immunization Practices of the Centers for | ||||||
9 | Disease Control and Prevention that are most recent to the time | ||||||
10 | of vaccination, unless the vaccination is medically | ||||||
11 | contraindicated or the resident has refused the vaccine. | ||||||
12 | Influenza vaccinations for all residents age 65 and over shall | ||||||
13 | be completed by November 30 of each year or as soon as | ||||||
14 | practicable if vaccine supplies are not available before | ||||||
15 | November 1. Residents admitted after November 30, during the | ||||||
16 | flu season, and until February 1 shall, as medically | ||||||
17 | appropriate, receive an influenza vaccination prior to or upon | ||||||
18 | admission or as soon as practicable if vaccine supplies are not | ||||||
19 | available at the time of the admission, unless the vaccine is | ||||||
20 | medically contraindicated or the resident has refused the | ||||||
21 | vaccine. In the event that the Advisory Committee on | ||||||
22 | Immunization Practices of the Centers for Disease Control and | ||||||
23 | Prevention determines that dates of administration other than | ||||||
24 | those stated in this Act are optimal to protect the health of | ||||||
25 | residents, the Department is authorized to develop rules to |
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1 | mandate vaccinations at those times rather than the times | ||||||
2 | stated in this Act. A facility shall document in the resident's | ||||||
3 | medical record that an annual vaccination against influenza was | ||||||
4 | administered, arranged, refused or medically contraindicated. | ||||||
5 | (b) A facility shall administer or arrange for | ||||||
6 | administration of a pneumococcal vaccination to each resident | ||||||
7 | who is age 65 and over , in accordance with the recommendations | ||||||
8 | of the Advisory Committee on Immunization Practices of the | ||||||
9 | Centers for Disease Control and Prevention, who has not | ||||||
10 | received this immunization prior to or upon admission to the | ||||||
11 | facility, unless the resident refuses the offer for vaccination | ||||||
12 | or the vaccination is medically contraindicated. A facility | ||||||
13 | shall document in each resident's medical record that a | ||||||
14 | vaccination against pneumococcal pneumonia was offered and | ||||||
15 | administered, arranged, refused, or medically contraindicated.
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16 | (Source: P.A. 96-339, eff. 7-1-10 .)
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17 | Section 20. The Specialized Mental Health Rehabilitation | ||||||
18 | Act is amended by changing Section 2-213 as follows:
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19 | (210 ILCS 48/2-213)
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20 | Sec. 2-213. Vaccinations. | ||||||
21 | (a) A facility shall annually administer or arrange for | ||||||
22 | administration of a vaccination against influenza to each | ||||||
23 | resident, in accordance with the recommendations of the | ||||||
24 | Advisory Committee on Immunization Practices of the Centers for |
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1 | Disease Control and Prevention that are most recent to the time | ||||||
2 | of vaccination, unless the vaccination is medically | ||||||
3 | contraindicated or the resident has refused the vaccine. | ||||||
4 | Influenza vaccinations for all residents age 65 and over shall | ||||||
5 | be completed by November 30 of each year or as soon as | ||||||
6 | practicable if vaccine supplies are not available before | ||||||
7 | November 1. Residents admitted after November 30, during the | ||||||
8 | flu season, and until February 1 shall, as medically | ||||||
9 | appropriate, receive an influenza vaccination prior to or upon | ||||||
10 | admission or as soon as practicable if vaccine supplies are not | ||||||
11 | available at the time of the admission, unless the vaccine is | ||||||
12 | medically contraindicated or the resident has refused the | ||||||
13 | vaccine. In the event that the Advisory Committee on | ||||||
14 | Immunization Practices of the Centers for Disease Control and | ||||||
15 | Prevention determines that dates of administration other than | ||||||
16 | those stated in this Act are optimal to protect the health of | ||||||
17 | residents, the Department is authorized to develop rules to | ||||||
18 | mandate vaccinations at those times rather than the times | ||||||
19 | stated in this Act. A facility shall document in the resident's | ||||||
20 | medical record that an annual vaccination against influenza was | ||||||
21 | administered, arranged, refused or medically contraindicated. | ||||||
22 | (b) A facility shall administer or arrange for | ||||||
23 | administration of a pneumococcal vaccination to each resident | ||||||
24 | who is age 65 and over , in accordance with the recommendations | ||||||
25 | of the Advisory Committee on Immunization Practices of the | ||||||
26 | Centers for Disease Control and Prevention, who has not |
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1 | received this immunization prior to or upon admission to the | ||||||
2 | facility, unless the resident refuses the offer for vaccination | ||||||
3 | or the vaccination is medically contraindicated. A facility | ||||||
4 | shall document in each resident's medical record that a | ||||||
5 | vaccination against pneumococcal pneumonia was offered and | ||||||
6 | administered, arranged, refused, or medically contraindicated.
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7 | (c) All persons seeking admission to a nursing facility | ||||||
8 | shall be verbally screened for risk factors associated with | ||||||
9 | hepatitis B, hepatitis C, and the Human Immunodeficiency Virus | ||||||
10 | (HIV) according to guidelines established by the U.S. Centers | ||||||
11 | for Disease Control and Prevention. Persons who are identified | ||||||
12 | as being at high risk for hepatitis B, hepatitis C, or HIV | ||||||
13 | shall be offered an opportunity to undergo laboratory testing | ||||||
14 | in order to determine infection status if they will be admitted | ||||||
15 | to the nursing facility for at least 7 days and are not known | ||||||
16 | to be infected with any of the listed viruses. All HIV testing | ||||||
17 | shall be conducted in compliance with the AIDS Confidentiality | ||||||
18 | Act. All persons determined to be susceptible to the hepatitis | ||||||
19 | B virus shall be offered immunization within 10 days of | ||||||
20 | admission to any nursing facility. A facility shall document in | ||||||
21 | the resident's medical record that he or she was verbally | ||||||
22 | screened for risk factors associated with hepatitis B, | ||||||
23 | hepatitis C, and HIV, and whether or not the resident was | ||||||
24 | immunized against hepatitis B. Nothing in this subsection (c) | ||||||
25 | shall apply to a nursing facility licensed or regulated by the | ||||||
26 | Illinois Department of Veterans' Affairs.
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1 | (Source: P.A. 97-38, eff. 6-28-11.)
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2 | Section 25. The Hospital Licensing Act is amended by | ||||||
3 | changing Section 6.26 as follows:
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4 | (210 ILCS 85/6.26) | ||||||
5 | Sec. 6.26. Immunization against influenza virus and | ||||||
6 | pneumococcal disease. | ||||||
7 | (a) Every hospital shall adopt an influenza and | ||||||
8 | pneumococcal
immunization policy that includes, but need not be | ||||||
9 | limited to, the
following: | ||||||
10 | (1) Procedures for identifying patients age 65 or older
| ||||||
11 | and, at the discretion of the facility, other patients at | ||||||
12 | risk. | ||||||
13 | (2) Procedures for offering immunization against | ||||||
14 | influenza virus when available
between September 1 and | ||||||
15 | April 1, and against pneumococcal disease upon
admission or | ||||||
16 | discharge, to patients in accordance with the | ||||||
17 | recommendations of the Advisory Committee on Immunization | ||||||
18 | Practices of the Centers for Disease Control and Prevention | ||||||
19 | that are most recent to the time of vaccination age 65 or | ||||||
20 | older , unless contraindicated. | ||||||
21 | (3) Procedures
for ensuring that patients offered | ||||||
22 | immunization, or their guardians,
receive information | ||||||
23 | regarding the risks and benefits of vaccination. | ||||||
24 | The hospital shall provide a copy of its influenza and |
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| |||||||
1 | pneumococcal immunization policy to the Department upon | ||||||
2 | request. | ||||||
3 | (b) A home rule unit may not regulate immunization against | ||||||
4 | influenza virus and pneumococcal disease in a manner | ||||||
5 | inconsistent with the regulation of such immunizations under | ||||||
6 | this Section. This subsection is a limitation under subsection | ||||||
7 | (i) of Section 6 of Article VII of the Illinois Constitution on | ||||||
8 | the concurrent exercise by home rule units of powers and | ||||||
9 | functions exercised by the State.
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10 | (Source: P.A. 96-343, eff. 8-11-09; 96-1000, eff. 7-2-10.)
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