§ 6.14h — The Health Care Sanctity and Privacy Law

Illinois § 6.14h

• Jurisdiction: Illinois
• Topic: REGULATION
• Ch. 210: HEALTH FACILITIES AND REGULATION
• Act 210 ILCS 85/: Hospital Licensing Act.

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(a) This Section may be referred to as the Health Care Sanctity and Privacy Law. (b) As used in this Section: "Administrative volunteer" means an individual who serves as a volunteer at a hospital in only an administrative capacity. "Law enforcement agent" means an agent of federal, State, or local law enforcement authorized with the power to arrest or detain individuals, or manage the custody of detained individuals, for civil immigration enforcement. "Patient" means any person who has received or is receiving medical care, treatment, or services from an individual or institution licensed to provide medical care or treatment in this State. (c) Each general acute care hospital shall adopt and implement a policy regarding interactions with law enforcement agents by January 1, 2026, and all other hospitals shall adopt and implement a policy regarding interactions with law enforcement agents by March 1, 2026. Each policy adopted under this subsection must include, at a minimum: (1) The designation of a contact person or persons to be notified of all law enforcement presence or information requests at the hospital and procedures to respond to those requests. The designated contact person or persons shall be legal counsel of the hospital or other individuals within the administration of the hospital. (2) Procedures to verify the identity and authority of any law enforcement agent involved in civil immigration activities at the hospital site, including, but not limited to, the use of best efforts to request and document the first and last name of the law enforcement agent, the name of the law enforcement agency, and the badge number of any law enforcement agent presenting with a patient or requesting information about a patient. (3) Procedures for designating space for law enforcement agents to remain and wait at a hospital, considering public interest, staff safety, and patient needs; provided, however, that a law enforcement agent may access such areas of the hospital as the hospital's designated contact person approves if the law enforcement agent: (i) complies with hospital policy and State and federal law, including, but not limited to, that the law enforcement agent has a valid judicial warrant or court order signed by a judge or magistrate to accompany a patient in the law enforcement agent's custody or otherwise be present in the facility or (ii) is requested by hospital staff to respond to a safety or security issue within the hospital. (4) Procedures to ensure that patients are provided with: (A) a notice of privacy policies in accordance with 45 CFR 164.520, including information about the patient's right to request an amendment to the patient's medical record, which shall be made available in the languages of the populations of persons living within the geographic area served by the hospital in compliance with the Language Assistance Services Act and which may include a request that any of the following information be deleted, redacted, or amended: (i) place of birth; (ii) immigration or citizenship status; or (iii) information from birth certificates, passports, permanent resident cards, alien registration cards, or employment authorization documents; and (B) an opportunity, at the earliest reasonable moment, to sign an authorization form in order to permit the disclosure of information by the hospital to parents, guardians, relatives, or other designees of the patient about the patient's health status or hospital admission and discharge, which shall also be made available in languages of the populations of persons living within the geographic area served by the hospital in compliance with the Language Assistance Services Act. (5) Procedures to ensure that any protected health information requested by a law enforcement agent is released only in strict accordance with all applicable local, State, and federal law, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations, including, but not limited to, the Privacy Rule (45 CFR Parts 160, 162, and 164) and, including, but not limited to, 45 CFR 164.512(e) and (f). (6) In the case of a law enforcement agent seeking information for the purpose of immigration enforcement, to the extent not in conflict with 45 CFR 164.512(e) and (f), a procedure to release information only when the following circumstances are met, and in strict compliance with: (A) a valid and accurate subpoena issued by a federal judge or magistrate; (B) a valid and accurate order issued by a federal judge or magistrate to require access; or (C) a valid and accurate warrant issued by a federal judge or magistrate. (7) Procedures to ensure annual and, as deemed reasonably necessary by the hospital, episodic training on such policy to: (A) all hospital clinical health care staff, including, but not limited to, intake staff, emergency room staff, and independent contractors who provide clinical services; (B) security personnel; (C) designated contact persons; and (D) administrative volunteers. (8) Procedures to ensure all policies of the hospital comply with this Section. (9) A requirement that a hospital or its agents shall not retaliate against a patient, employee, or agent who files a complaint under this Section. (d) The policies required by subsection (c) shall be submitted to the Department. General acute care hospitals shall submit the policies to the Department no later than January 1, 2026, and all other hospitals shall submit the policies to the Department no later than March 1, 2026. (e) Hospitals shall post, either by physical or electronic means, in a conspicuous place within the hospital, which is accessible to patients, employees, and visitors, a description, provided by the Department, regarding the phone number that individuals can call to learn about their immigration rights. Notices under this Section shall be posted in the predominant language or languages spoken in the hospital's service area. (f) By January 15, 2026, the Department shall notify any general acute care hospital that has failed to provide a copy of the policy required under this Section, and by March 15, 2026, the Department shall notify all other hospitals that have failed to provide a copy of the policy required under this Section. The Department may adopt emergency rules to enforce compliance with the provisions of this Section. This emergency rulemaking authority shall expire 6 months after the effective date of this amendatory Act of the 104th General Assembly. A hospital receiving such a notice shall have 7 working days to provide a copy of the policy. The failure of a hospital to submit a copy of such a policy within 7 working days may subject the hospital to the imposition of a fine by the Department. The Department may impose a fine of up to $500 per day until the hospital files the policy. (g) The Department shall have the authority to investigate and respond to complaints from patients, employees, and the public alleging noncompliance with subsection (c). A hospital and its agents shall not retaliate against a patient, employee, or agent who files a complaint under this Section. (h) All hospital personnel, including administrative volunteers, shall be forever held harmless from any civil, criminal, or other liability that may arise, now or in the future, as a result of their reasonable compliance with the provisions of this Section. (i) Nothing in this Section affects a hospital's obligation as a mandated reporter or to otherwise respond to instances of suspected crime on the premises. (j) This Section is not intended to conflict with federal law or stand as an obstacle to the enforcement of federal laws.

Legislative History

(Source: P.A. 104-440, eff. 12-9-25.)