PATIENT RIGHTS-NEXT OF KIN

Illinois General Assembly - Full Text of HB2812

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2812

Introduced 2/6/2025, by Rep. Paul Jacobs

SYNOPSIS AS INTRODUCED:

410 ILCS 50/3.2

from Ch. 111 1/2, par. 5403.2

Amends the Medical Patient Rights Act. Provides that every health
care facility in this State shall permit the next of kin of a patient who
is on life support to remain with the patient, at the patient's bedside,
irrespective of regular hours of visitation. Provides that health care
facilities may institute reasonable policies, including reasonable
requirements that promote the health, safety, and welfare of the next of
kin, the patient, and the employees and other patients of the health care
facility without revoking the basic right afforded to the next of kin of a
patient who is on life support. Defines "next of kin".
LRB104 09994 BDA 20064 b

A BILL FOR

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AN ACT concerning health.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Medical Patient Rights Act is amended by
5
changing Section 3.2 as follows:

6

(410 ILCS 50/3.2)

(from Ch. 111 1/2, par. 5403.2)
7

Sec. 3.2.
Visitation rights, policies, and procedures.
8

(a) Every health care facility in this State shall permit
9
visitation by any person or persons designated by a patient
10
who is 18 years of age or older and who is allowed rights of
11
visitation unless (1) the facility does not allow any
12
visitation for a patient or patients, or (2) the facility or
13
the patient's physician determines that visitation would
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endanger the physical health or safety of a patient or
15
visitor, or would interfere with the operations of the
16
facility.
17

(a-5) Notwithstanding subsection (a), during a period for
18
which the Governor has issued a proclamation under Section 7
19
of the Illinois Emergency Management Agency Act declaring that
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a disaster exists or in the event of an outbreak or epidemic of
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a communicable disease in the community in which the health
22
care facility is located, a health care facility shall ensure
23
an opportunity for at least one visitor to visit a resident or

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patient of the health care facility. A health care facility
2
shall not count a clergy member toward any limit on the number
3
of visitors permitted to visit a resident or patient at one
4
time and shall permit a clergy member to visit with a resident
5
or patient in addition to the permitted number of visitors.
6
Visitation shall be subject to the guidelines, conditions, and
7
limitations of the health care facility's visitation policy
8
and any rules or guidelines established by the U.S. Centers
9
for Medicare and Medicaid Services and the Centers for Disease
10
Control and Prevention.
11

Visitors under this subsection may be required by the
12
health care facility to submit to health screenings necessary
13
to prevent the spread of infectious disease. A health care
14
facility may restrict facility access to a visitor who does
15
not pass its health screening requirement. A health care
16
facility may require a visitor to adhere to infection control
17
procedures, including wearing personal protective equipment. A
18
health care facility may deny visitation under this Act if
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visitation would endanger the physical health or safety of a
20
patient, the visitor, or health care workers or would
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otherwise create a public health or safety problem.
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(a-10) Notwithstanding subsection (a), a skilled nursing
23
home, extended care facility, or intermediate care facility
24
may prohibit an individual from visiting a resident or patient
25
of the nursing home or facility if specific facts demonstrate
26
that the individual would endanger his or her physical health

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or safety or the health or safety of a resident, patient, or
2
health care worker of the nursing home or facility. Any denial
3
of visitation under this subsection (a-10) shall be in writing
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and shall be provided to the individual and the resident or
5
patient with whom the individual was denied visitation.
6

(a-15) Each skilled nursing home, extended care facility,
7
and intermediate care facility shall:
8

(1) inform each resident of the nursing home or
9

facility (or that individual's representative) of the
10

resident's visitation rights and the nursing home or
11

facility's visitation-related policies and procedures,
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including any clinical or safety-related restriction or
13

limitation on visitation rights, the reasons for the
14

restriction or limitation, and the persons to whom the
15

restriction or limitation may apply;
16

(2) inform each resident of the resident's right:
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(A) to consent to receive designated visitors,
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such as a spouse, including, without limitation, a
19

same-sex spouse; a domestic partner, including,
20

without limitation, a same-sex domestic partner;
21

another family member; or a friend; and
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(B) to withdraw or deny that consent at any time;
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(3) not restrict, limit, or otherwise deny visitation
24

privileges on the basis of race, color, national origin,
25

religion, sex, gender identity, sexual orientation, or
26

disability; and

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(4) ensure that all of the resident's visitors enjoy
2

full and equal visitation privileges, consistent with the
3

resident's preferences.
4

(a-20) Notwithstanding subsection (a), every health care
5
facility in this State shall permit the next of kin of a
6
patient who is on life support to remain with the patient, at
7
the patient's bedside, irrespective of regular hours of
8
visitation. Every health care facility in this State may
9
institute reasonable policies, including reasonable
10
requirements that promote the health, safety, and welfare of
11
the next of kin, the patient, and the employees and other
12
patients of the health care facility without revoking the
13
basic right afforded under this subsection to the next of kin
14
of a patient who is on life support to remain with the patient
15
or at the patient's bedside. In this subsection, "next of kin"
16
means one and only one person who is a spouse, or, in the
17
absence of a spouse, a parent, or, in the absence of a parent,
18
a child, or, in the absence of a child, a sibling.

19

(b) Except as provided in subsection (a-5)
and subsection
20
(a-20)
, nothing in this Section shall be construed to further
21
limit or restrict the right of visitation provided by other
22
provisions of law or to restrict the ability of a health care
23
facility to regulate hours of visitation, the number of
24
visitors per patient, or the movement of visitors within the
25
health care facility.
26

(c) For the purposes of this Section a "health care

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facility" does not include a developmental disability
2
facility, a mental health facility or a mental health center.
3
(Source: P.A. 102-989, eff. 5-27-22.)

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