Illinois Compiled Statutes
Chapter 210 - HEALTH FACILITIES AND REGULATION
210 ILCS 87/ - Language Assistance Services Act.

(210 ILCS 87/1)
Sec. 1.
Short title.
This Act may be cited as the Language Assistance Services Act.

(Source: P.A. 88-244.)
 
(210 ILCS 87/5)
Sec. 5.
Legislative findings.
The General Assembly finds and declares
that Illinois is becoming a land
of people whose languages and cultures give the state a global quality. The
Legislature further finds and declares that access to basic health care
services is the right of every resident of the State, and that access to
information regarding basic health care services is an essential element of
that right.
Therefore, it is the intent of the General Assembly that where language or
communication barriers exist between patients and the staff of a health
facility, arrangements shall be made for interpreters or bilingual
professional staff to ensure adequate and speedy communication between patients
and staff.

(Source: P.A. 88-244.)
 
(210 ILCS 87/10)
Sec. 10. Definitions. As used in this Act:
"Department" means the Department of Public Health.
"Interpreter" means a person fluent in English and in the necessary
language of the patient who can accurately speak, read, and readily interpret
the necessary second language, or a person who can accurately sign and read
sign language. Interpreters shall have the ability to translate the names of
body parts and to describe completely symptoms and injuries in both languages.
Interpreters may include members of the medical or professional staff.
"Language or communication barriers" means either of the following:
"Health facility" means a hospital licensed under the Hospital Licensing Act,
a long-term care facility licensed under the Nursing Home Care Act, or a facility licensed under the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013.

(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
 
(210 ILCS 87/15)
Sec. 15. Language assistance services.
(a) To ensure access to
health care information and services for
limited-English-speaking or non-English-speaking residents and deaf residents,
a health facility must do the following:
(b) In addition, a health facility may do one or more of the following:
(Source: P.A. 102-4, eff. 4-27-21.)
 
(210 ILCS 87/16)
Sec. 16.
Complaint system.
The Department shall develop and implement a
complaint system through which the Department
may receive complaints related to violations of this Act. The Department
shall establish a complaint system or utilize an existing Department complaint
system. The complaint system shall include (i) a complaint verification process
by which the Department determines the validity of a complaint and (ii) an
opportunity for a health facility to resolve the complaint through an informal
dispute resolution process.
If the complaint is not resolved informally, then the Department shall serve
a notice of violation of this Act upon the health facility. The notice of
violation shall be in writing and shall specify the nature of the violation and
the statutory provision alleged to have been violated. The notice shall inform
the health facility of the action the Department may take under the Act, the
amount of any financial penalty to be imposed and the opportunity for the
health facility to enter into a plan of correction. The notice shall also
inform the health facility of its rights to a hearing to contest the alleged
violation under the Administrative Procedure Act.

(Source: P.A. 93-564, eff. 1-1-04.)
 
(210 ILCS 87/17)
Sec. 17.
Plan of correction; penalty.
If the Department finds that a
health facility is in violation of this Act, the health facility may submit to
the Department, for its approval, a plan of correction. If a health facility
violates an approved plan of correction within 6 months of its submission, the
Department may impose a penalty on the health facility. For the first violation
of an approved
plan of
correction, the Department may impose a penalty of up to $100. For a second or
subsequent violation of an approved plan of correction the Department may
impose a
penalty of up to $250. The total fines imposed under this Act against a health
facility in
a twelve month period shall not exceed $5,000.
Penalties imposed under this Act shall be paid to the Department and
deposited in
the Nursing Dedicated and Professional Fund.

(Source: P.A. 93-564, eff. 1-1-04.)
 
(210 ILCS 87/18)
Sec. 18.
Rules.
The Department shall adopt any rules necessary for the
administration and enforcement of this Act. The Illinois Administrative
Procedure Act shall apply to all administrative rules and procedures of the
Department under this Act.

(Source: P.A. 93-564, eff. 1-1-04.)
 
(210 ILCS 87/19)
Sec. 19.
Administrative Review Law.
The Administrative Review Law shall
apply to and govern all proceedings for judicial review of final administrative
decisions of the Department under this Act.

(Source: P.A. 93-564, eff. 1-1-04.)

Structure Illinois Compiled Statutes