SB 3383

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Full Text of SB3383
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	SB3383 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3383
Introduced 2/4/2026, by Sen. Laura Ellman
SYNOPSIS AS INTRODUCED:
210 ILCS 85/3
210 ILCS 85/6.23
210 ILCS 83/Act rep.
Amends the Hospital Licensing Act. Defines "pathogens of epidemiological concern". Provides that each hospital shall develop and implement comprehensive interventions to prevent and control pathogens of epidemiological concern (instead of multidrug-resistant organisms) that take into consideration guidelines of the U.S. Centers for Disease Control and Prevention or recommendations from the Infectious Disease Society of America, the Society for Healthcare Epidemiology of America, the Association for Professionals in Infection Control and Epidemiology, or the Pediatric Infectious Disease Society for the management of multidrug-resistant organisms in health care settings. Within 12 months after the effective date of the amendatory Act, requires each hospital to adopt a policy for preventing and controlling the transmission of pathogens of epidemiological concern. Establishes reporting requirements for hospitals with patients carrying pathogens of epidemiological concern. Repeals the MRSA Screening and Reporting Act.
LRB104 20090 BAB 33541 b
A BILL FOR
		SB3383		LRB104 20090 BAB 33541 b
1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Hospital Licensing Act is amended by
5changing Sections 3 and 6.23 as follows:
6    (210 ILCS 85/3)
7    Sec. 3. As used in this Act:
8    (A) "Hospital" means any institution, place, building,
9buildings on a campus, or agency, public or private, whether
10organized for profit or not, devoted primarily to the
11maintenance and operation of facilities for the diagnosis and
12treatment or care of 2 or more unrelated persons admitted for
13overnight stay or longer in order to obtain medical, including
14obstetric, psychiatric and nursing, care of illness, disease,
15injury, infirmity, or deformity.
16    The term "hospital", without regard to length of stay,
17shall also include:
18        (a) any facility which is devoted primarily to
19    providing psychiatric and related services and programs
20    for the diagnosis and treatment or care of 2 or more
21    unrelated persons suffering from emotional or nervous
22    diseases;
23        (b) all places where pregnant females are received,
		SB3383	- 2 -	LRB104 20090 BAB 33541 b
1    cared for, or treated during delivery irrespective of the
2    number of patients received; and
3        (c) on and after January 1, 2023, a rural emergency
4    hospital, as that term is defined under subsection
5    (kkk)(2) of Section 1861 of the federal Social Security
6    Act; to provide for the expeditious and timely
7    implementation of this amendatory Act of the 102nd General
8    Assembly, emergency rules to implement the changes made to
9    the definition of "hospital" by this amendatory Act of the
10    102nd General Assembly may be adopted by the Department
11    subject to the provisions of Section 5-45 of the Illinois
12    Administrative Procedure Act.
13    The term "hospital" includes general and specialized
14hospitals, tuberculosis sanitaria, mental or psychiatric
15hospitals and sanitaria, and includes maternity homes,
16lying-in homes, and homes for unwed mothers in which care is
17given during delivery.
18    The term "hospital" does not include:
19        (1) any person or institution required to be licensed
20    pursuant to the Nursing Home Care Act, the Specialized
21    Mental Health Rehabilitation Act of 2013, the ID/DD
22    Community Care Act, or the MC/DD Act;
23        (2) hospitalization or care facilities maintained by
24    the State or any department or agency thereof, where such
25    department or agency has authority under law to establish
26    and enforce standards for the hospitalization or care
		SB3383	- 3 -	LRB104 20090 BAB 33541 b
1    facilities under its management and control;
2        (3) hospitalization or care facilities maintained by
3    the federal government or agencies thereof;
4        (4) hospitalization or care facilities maintained by
5    any university or college established under the laws of
6    this State and supported principally by public funds
7    raised by taxation;
8        (5) any person or facility required to be licensed
9    pursuant to the Substance Use Disorder Act;
10        (6) any facility operated solely by and for persons
11    who rely exclusively upon treatment by spiritual means
12    through prayer, in accordance with the creed or tenets of
13    any well-recognized church or religious denomination;
14        (7) an Alzheimer's disease management center
15    alternative health care model licensed under the
16    Alternative Health Care Delivery Act;
17        (8) any veterinary hospital or clinic operated by a
18    veterinarian or veterinarians licensed under the
19    Veterinary Medicine and Surgery Practice Act of 2004 or
20    maintained by a State-supported or publicly funded
21    university or college; or
22        (9) a psychiatric residential treatment facility
23    certified under the Psychiatric Residential Treatment
24    Facilities (PRTF) Act.
25    (B) "Person" means the State, and any political
26subdivision or municipal corporation, individual, firm,
		SB3383	- 4 -	LRB104 20090 BAB 33541 b
1partnership, corporation, company, association, or joint stock
2association, or the legal successor thereof.
3    (C) "Department" means the Department of Public Health of
4the State of Illinois.
5    (D) "Director" means the Director of Public Health of the
6State of Illinois.
7    (D-5) "Pathogens of epidemiological concern" means any 
8infectious agent that has one or more of the following 
9characteristics:
10        (1) a propensity for transmission within health care 
11    facilities based on published reports from:
12            (A) the Centers for Disease Control and 
13        Prevention; or
14            (B) the Department of Public Health;
15        (2) the occurrence of temporal or geographic clusters 
16    of 2 or more patients;
17        (3) antimicrobial resistance implications;
18        (4) association with serious clinical disease or 
19    increased morbidity and mortality;
20        (5) a newly discovered or reemerging pathogen; or
21        (6) any other characteristic determined by a state or 
22    local health department.
23    (E) "Perinatal" means the period of time between the
24conception of an infant and the end of the first month after
25birth.
26    (F) "Federally designated organ procurement agency" means
		SB3383	- 5 -	LRB104 20090 BAB 33541 b
1the organ procurement agency designated by the Secretary of
2the U.S. Department of Health and Human Services for the
3service area in which a hospital is located; except that in the
4case of a hospital located in a county adjacent to Wisconsin
5which currently contracts with an organ procurement agency
6located in Wisconsin that is not the organ procurement agency
7designated by the U.S. Secretary of Health and Human Services
8for the service area in which the hospital is located, if the
9hospital applies for a waiver pursuant to 42 U.S.C.
101320b-8(a), it may designate an organ procurement agency
11located in Wisconsin to be thereafter deemed its federally
12designated organ procurement agency for the purposes of this
13Act.
14    (G) "Tissue bank" means any facility or program operating
15in Illinois that is certified by the American Association of
16Tissue Banks or the Eye Bank Association of America and is
17involved in procuring, furnishing, donating, or distributing
18corneas, bones, or other human tissue for the purpose of
19injecting, transfusing, or transplanting any of them into the
20human body. "Tissue bank" does not include a licensed blood
21bank. For the purposes of this Act, "tissue" does not include
22organs.
23    (H) "Campus", as this term applies to operations, has the
24same meaning as the term "campus" as set forth in federal
25Medicare regulations, 42 CFR 413.65.
26(Source: P.A. 104-147, eff. 8-1-25.)
		SB3383	- 6 -	LRB104 20090 BAB 33541 b
1    (210 ILCS 85/6.23)
2    Sec. 6.23. Prevention and control of pathogens of 
3epidemiological concern [Multidrug-Resistant Organisms].
4    (a) Each hospital shall develop and implement
5comprehensive interventions to prevent and control pathogens 
6of epidemiological concern [multidrug-resistant organisms ]
7[(MDROs), including methicillin-resistant Staphylococcus ]
8[aureus (MRSA), vancomycin-resistant enterococci (VRE), and ]
9[certain gram-negative bacilli (GNB)], that take into
10consideration guidelines of the U.S. Centers for Disease
11Control and Prevention or recommendations from (A) the 
12Infectious Disease Society of America, (B) the Society for 
13Healthcare Epidemiology of America, (C) the Association for 
14Professionals in Infection Control and Epidemiology, and (D) 
15the Pediatric Infectious Disease Society for the management of
16multidrug-resistant organisms [MDROs] in health care [healthcare]
17settings. The Department may also consider any other credible 
18scientific bodies or organizations in adopting rules and 
19developing policies and findings in relation to the management 
20of multidrug-resistant organisms in health care settings. The
21Department shall adopt administrative rules that require
22hospitals to perform an annual facility-wide infection control
23risk assessment and enforce hand hygiene and contact
24precaution requirements.
25    (b) Within 12 months after the effective date of this 
		SB3383	- 7 -	LRB104 20090 BAB 33541 b
1amendatory Act of the 104th General Assembly, each hospital 
2shall adopt a policy for preventing and controlling the 
3transmission of pathogens of epidemiological concern that 
4shall, at a minimum, contain:
5        (1) a facility risk assessment to identify pathogens 
6    of epidemiological concern that considers elements such as 
7    the probability of occurrence, as determined through 
8    surveillance, the potential impact of a pathogen, and 
9    measures the hospital has implemented to mitigate the risk 
10    to patients, health care workers, and visitors; and
11        (2) appropriate evidence-based procedures and 
12    intervention strategies to identify patients carrying 
13    pathogens of epidemiological concern and to help prevent 
14    patients from transmitting pathogens of epidemiological 
15    concern to other patients and health care workers.
16    (c) A hospital that has, through appropriate testing, 
17identified a patient who has a pathogen of epidemiological 
18concern shall report the patient to the United States 
19Department of Health and Human Services or the National 
20Healthcare Safety Network of the United States Centers for 
21Disease Control and Prevention, as required by the Department 
22of Public Health or the United States Centers for Medicare and 
23Medicaid services.
24(Source: P.A. 95-282, eff. 8-20-07; 95-876, eff. 8-21-08.)
25    (210 ILCS 83/Act rep.)
		SB3383	- 8 -	LRB104 20090 BAB 33541 b
1    Section 10. The MRSA Screening and Reporting Act is
2repealed.