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HB 5168

HEALTH CARE VIOLENCE PREVENT

104th Regular Session Introduced by Sharon Chung and 1 co-sponsor

HB5168 requires health care providers to implement a written workplace violence prevention program, with reporting, investigations, trainings, and penalties for noncompliance.

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Bill Summary · HB 5168

Overview

HB5168 (104th Illinois General Assembly) amends the Health Care Violence Prevention Act to strengthen protections against workplace violence in health care settings. The bill adds definitions, expands requirements for workplace violence prevention programs, introduces new reporting and recordkeeping duties, establishes investigation and penalty provisions, and updates related exemptions under the Freedom of Information Act.

Purpose and intent

  • Improve safety for health care workers by preventing workplace violence, ensuring rapid reporting, thorough investigations, and transparent (but protected) recordkeeping.
  • Prohibit policies that discourage reporting or contacting law enforcement or the Department of Public Health (DPH) regarding workplace violence.
  • Create standardized processes for incident handling, risk assessment, and corrective actions to reduce recurrence.

Key provisions and changes

Definitions and scope (Section 5)

  • Updates definitions for terms used in the Act, including:
    • Committed person, custodial agency, health care provider, health care worker, nurse.
    • Retail health care facility and workplace violence, defined as any act or threat of violence on a health care provider’s premises.

Workplace safety requirements (Section 15)

  • Health care workers who contact law enforcement or file a violence-related report must notify their employer within 3 days.
  • Management may not discourage reporting or contacting law enforcement/DPH.
  • Health care providers must display notices that verbal aggression is not tolerated and assaults will be reported.
  • Providers must offer immediate post-incident services (acute treatment, psychological evaluation) for affected workers.
  • Policies may not limit the types of workplace violence health care workers can report.

Workplace violence prevention program (Section 20)

  • Each health care provider must create and implement a written workplace violence prevention program aligned with OSHA guidelines for health care and social service workers.
  • The program must categorize violence into four types:
    • Type 1: by outsiders with no legitimate business at the site.
    • Type 2: by customers/patients/visitors/accompanying individuals.
    • Type 3: by current or former employees/supervisors.
    • Type 4: by a person with a personal relationship to an employee.
  • Program components include:
    • Management commitment and worker participation.
    • Worksite analysis to identify hazards and security needs (e.g., alarms, exits, lighting, monitoring, barriers, entry procedures, risk-flagging past violent actors).
    • Hazard prevention and control.
    • Training (hours determined by rule) and annual evaluation.
    • Documentation and annual review.
  • The program must be tailored to each provider and include:
    • Designated responsible employee(s).
    • Risk assessment and identification of high-risk areas.
    • System for reporting risks, hazards, and incidents to the provider, law enforcement, or DPH.
    • Post-incident investigations and access to results for employees and their representatives.
    • Medical treatment and access to trauma-related counseling.
    • Emergency response procedures, including mass casualty threats and weapons incidents.
    • Availability of the program to all employees.
  • Authorized to allow health care workers to report violence to the Department or law enforcement.

Violent incident investigation (Section 25.1)

  • Agencies must initiate an investigation within 48 hours of awareness of a violence incident or threat.
  • Investigations must review circumstances, effectiveness of existing controls, and solicit input from involved employees and supervisors on causes and further corrective measures.
  • Providers must document findings, recommendations, and corrective actions for each investigation.

Recordkeeping (Section 25.2)

  • DPH to develop a standardized incident logging template/form, including:
    • Details of the incident, including environmental risk factors.
    • Date, time, location, and involved employees’ names and titles.
    • Injury details for employees/patients.
    • Classification of perpetrator (patient, family, stranger, coworker, etc.).
    • Type of violence and how the incident was abated.
  • Logs are confidential and not subject to FOIA.

Reporting (Section 25.3)

  • Health care providers must annually submit a summary of violent incidents for the prior year to the Director (form to be provided by the Director).
  • The Director must compile an annual report to the General Assembly and post it on the DPH website.

Penalties (Section 40)

  • Failure to submit a workplace violence prevention program within 6 months: penalty of $500 per day.
  • If the Department finds a violation, providers must submit an approved corrective plan; penalties for breach of the plan: up to $500 per day for the first violation, up to $1,000 per day for subsequent violations.
  • Total penalties capped at $365,000 in a 12-month period.

Who/how would be affected

  • Health care providers (retail health care facilities, hospitals and affiliates, ambulatory surgical centers, veterans homes) must develop, implement, and enforce comprehensive workplace violence prevention programs.
  • Health care workers gain stronger protections and clearer channels for reporting violence and seeking post-incident support.
  • Department of Public Health (DPH) gains expanded authority to review, approve, and monitorViolence prevention programs, investigations, and reporting.
  • Law enforcement and other custodial agencies are involved in reporting and handling violent incidents.

Procedural and timeline aspects

  • Initial program: Must be submitted within 6 months after the amendatory Act’s effective date.
  • Investigations: Must commence within 48 hours of awareness of an incident.
  • Incident log template: To be developed by DPH; providers must adopt and maintain logs accordingly.
  • Annual reporting: Summary of incidents due from providers annually; DPH to report to General Assembly and post on website.
  • Penalties: Provisions specify daily penalties for noncompliance and violations of corrective plans, with an annual cap.

FOIA exemptions

  • The bill also tightens FOIA exemptions, maintaining protections for sensitive health, law enforcement, and security-related records. It adds or preserves redactions where disclosure would expose vulnerabilities, compromise investigations, or violate privacy laws, and explicitly links 25.2 (Health Care Violence Prevention Act) records to FOIA exemptions.

Overall, HB5168 establishes a comprehensive framework to prevent, report, investigate, and remediate workplace violence in health care settings, with clear duties on providers, protections for workers, and enforceable penalties for noncompliance.

Compiled from official sources — confirm details with the bill’s official record.

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