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HB 2812

PATIENT RIGHTS-NEXT OF KIN

104th Regular Session Introduced by Paul Jacobs

HB 2812 requires health care facilities to allow the patient’s designated next of kin to stay at the bedside on life support, with safety policies allowed.

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 2812

Summary — HB 2812 (Medical Patient Rights Act amendment: Patient Rights — Next of Kin)

Status: Rule 19(a) / Re‑referred to Rules Committee
Introduced: February 2025 (Filed by Rep. Paul Jacobs; recorded in bill text as introduced 2/6/2025)
Statute amended: 410 ILCS 50/3.2 (Medical Patient Rights Act)

Main purpose

HB 2812 adds an express, statutory visitation right that requires every health care facility in Illinois to permit the "next of kin" of a patient who is on life support to remain with the patient at the bedside regardless of regular visitation hours. The bill also clarifies facility authority to adopt reasonable health-and-safety policies and defines who qualifies as "next of kin."

Key provisions

  • Requires every health care facility to permit the next of kin of a patient on life support to remain with the patient at the patient’s bedside irrespective of regular visiting hours (new subsection (a-20)).
  • Allows facilities to institute reasonable policies and requirements (e.g., health screenings, infection-control measures, use of PPE) to promote the health, safety, and welfare of the next of kin, the patient, staff, and other patients — but such policies may not revoke the basic right to remain at bedside.
  • Defines “next of kin” narrowly as one and only one person, in the following priority order: spouse; if no spouse, a parent; if no parent, a child; if no child, a sibling.
  • Retains and references other visitation provisions in the Act:
    • During a gubernatorial disaster proclamation or communicable disease outbreak, health care facilities must ensure an opportunity for at least one visitor and may require screenings and infection-control compliance; clergy visits are not counted toward visitor caps (subsection (a-5)).
    • Skilled nursing/extended/intermediate care facilities may prohibit a visitor if specific facts show they would endanger health or safety; denials must be provided in writing to the individual and the resident (subsection (a-10)).
    • Facilities must not discriminate in visitation on certain protected characteristics and must inform residents of visitation rights and restrictions (subsection (a-15)).

Who is affected

  • Health care facilities regulated under the Medical Patient Rights Act (hospitals, skilled nursing homes, extended care, intermediate care, and similar facilities).
  • Patients on life support and the single designated next of kin who may assert this bedside-right.
  • Facility staff, other patients, and visitors (because of any required health or safety policies).

Exceptions, limits, and procedural notes

  • Facilities retain authority to impose reasonable infection‑control and safety measures and, under certain circumstances (e.g., documented risk to health/safety), to restrict visitation following existing subsections.
  • Skilled nursing and related facilities have a defined process for written denial when visitation is prohibited for safety reasons.
  • The bill amends 410 ILCS 50/3.2; the text as introduced appears in the legislative record (LRB10409994BDA20064b).
  • Current legislative status: Rule 19(a) / Re‑referred to Rules Committee (per provided actions). Further committee consideration and floor action would be required for enactment.

Practical implications / considerations

  • The bill strengthens bedside access for one designated next of kin when a patient is on life support, prioritizing family presence while allowing facilities to balance infection control and safety concerns.
  • The narrow statutory definition and the “one and only one” provision could create disputes when multiple family members seek bedside access; facilities may need procedures for determining or documenting the designated next of kin.
  • Health care providers will need to update visitation policies, signage, and staff training to implement the new requirement while complying with infection-control and emergency provisions.

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

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