Hospital Licensing Waivers Re-Issued Through Executive Order

December 18, 2020

MEMORANDUM

On December 11, Governor J.B. Pritzker issued a new Proclamation and Executive Order (E.O. No. 74 (COVID-19 #70).  This Executive Order re-issues Executive Order 2020-26 in its entirety through January 9, 2021.  Executive Order 2020-26 had been rescinded in part.  See IHA’s September 14 memo for details about the rescinded sections.  Newly re-instated provisions include waivers for:

  • 210 ILCS 85/6.09. Notice of discharge; aged patients and patients with disabilities on Medicare.
  • 210 ILCS 85/6.09b. Patient notice of observation status.
  • 210 ILCS 85/6.14g. Reports to the Department; opioid overdoses.
  • 210 ILCS 85/6.22. Arrangement for transportation of patient by an ambulance service provider.
  • 210 ILCS 85/10. Board creation; Department rules.
  • 210 ILCS 85/10.8. Requirements for employment of physicians.
  • 210 ILCS 85/10.10. Nurse Staffing by Patient Acuity.
  • 210 ILCS 85/11.8. Closed captioning required.
  • Hospital Report Card Act, 210 ILCS 86/1 et seq., except Section 35 (Whistleblower Protections) and Section 40 (Private Right of Action), and the corresponding regulations set forth in Title 77, Part 255 of the Illinois Administrative Code.
  • Provisions of the Department of Public Health Powers and Duties Law, 20 ILCS 2310/2310-1 et seq., and the corresponding regulations set forth in Title 77, Part 250 of the Illinois Administrative Code.
  • 20 ILCS 2310/2310-218(c). Phlebotomy on Children and Adults with Intellectual and Developmental Disabilities.
  • 20 ILCS 2310/2310-540. Uterine cytologic examinations for cancer only to the extent it requires every hospital licensed by the State of Illinois to offer a uterine cytologic examination for cancer to every female in-patient 20 years of age or over unless considered contra-indicated by the attending physician or unless it has been performed within the previous year, and to the extent it requires the hospital to maintain records to show either the results of the test or that the test was not applicable or that it was refused.
  • All reporting deadlines set forth in the Illinois Adverse Health Care Events Reporting Law of 2005, 410 ILCS 522/10-1 et seq., and the corresponding regulations set forth in Title 77, Part 235 of the Illinois Administrative Code.

IDPH has not yet filed new emergency rules for these recently re-issued waivers.  IHA’s waiver tracking spreadsheet has been updated to reflect the re-issued waivers.

If you have questions, please contact IHA.