Bill Text: IL SB3137 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the bill, as amended by Senate Amendment No. 1, and makes the following changes: Includes the changes made by Senate Amendment No. 2. In 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 14-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0942 [SB3137 Detail]

Download: Illinois-2023-SB3137-Enrolled.html

SB3137 EnrolledLRB103 36125 SPS 66216 b
1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. This Act may be referred to as Jordan's Law.
5 Section 5. The Substance Use Disorder Act is amended by
6adding Section 55-45 as follows:
7 (20 ILCS 301/55-45 new)
8 Sec. 55-45. Notice of death of patient. Any licensed
9facility operating in this State shall provide notice of the
10death of a patient occurring in the facility to the personal
11representative, if known, of the patient as specified in this
12Section. The facility shall attempt to provide verbal notice
13to the personal representative, if known, of the patient
14within 24 hours after the death of the patient and shall
15provide written notice to the personal representative, if
16known, of the patient within 5 days after the death of the
17patient. The facility shall provide notice under this
18subsection in accordance with 42 CFR 2.15(b) and 45 CFR
19164.502(g), as amended. For the purposes of this subsection,
20"personal representative" has the meaning set forth in 45 CFR
21164.502(g).

SB3137 Enrolled- 2 -LRB103 36125 SPS 66216 b
1 Section 10. The Mental Health and Developmental
2Disabilities Code is amended by adding Section 5-100.1 as
3follows:
4 (405 ILCS 5/5-100.1 new)
5 Sec. 5-100.1. Notice of death of patient. Any mental
6health or developmental disabilities facility operating in
7this State shall provide notice of the death of a recipient of
8services occurring in the facility to the personal
9representative, if known, of the recipient of services as
10specified in this Section. The facility shall attempt to
11provide verbal notice to the personal representative, if
12known, of the recipient of services within 24 hours after the
13death of the recipient of services and shall provide written
14notice to the personal representative, if known, of the
15recipient of services within 5 days after the death of the
16recipient of services. The facility shall provide notice under
17this subsection in accordance with Sections 4 and 5 of the
18Mental Health and Developmental Disabilities Confidentiality
19Act and 45 CFR 164.502(g), as amended. For the purposes of this
20subsection, "personal representative" has the meaning set
21forth in 45 CFR 164.502(g).
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