Bill Text: IL HB3468 | 2019-2020 | 101st General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the University of Illinois Hospital Act, Alternative Health Care Delivery Act, Ambulatory Surgical Treatment Center Act, Community Living Facilities Licensing Act, Nursing Home Care Act, MC/DD Act, ID/DD Community Care Act, Specialized Mental Health Rehabilitation Act of 2013, Hospital Licensing Act, and Community-Integrated Living Arrangements Licensure and Certification Act. Provides that for hospitals, alternative health care models, Community Living Facilities, long-term care facilities, MC/DD facilities, ID/DD facilities, specialized mental health rehabilitation facilities, and community-integrated living arrangements, reasonable efforts must be made to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a patient's, resident's, or consumer's room or to enable the closed captioning feature when requested to do so by a member of the general public or a patient if the television includes a closed captioning feature, or if a staff member deactivates a closed captioning feature unless the deactivation was done so knowingly or intentionally, or if the closed captioning feature is deactivated by specified individuals. Provides that if there is not a television with a closed captioning feature available, then it must be ensured that all televisions obtained for common areas and patient rooms after the effective date of the amendatory Act include a closed captioning feature. Provides that certain provisions concerning closed captioning shall not apply to televisions that are privately owned by a resident or third party and not owned by the facility.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Passed) 2019-07-22 - Public Act . . . . . . . . . 101-0116 [HB3468 Detail]

Download: Illinois-2019-HB3468-Enrolled.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The University of Illinois Hospital Act is
amended by adding Section 8b as follows:
(110 ILCS 330/8b new)
Sec. 8b. Closed captioning required. The University of
Illinois Hospital must make reasonable efforts to have
activated at all times the closed captioning feature on a
television in a common area provided for use by the general
public or in a patient's room or to enable the closed
captioning feature when requested to do so by a member of the
general public or a patient if the television includes a closed
captioning feature.
It is not a violation of this Section if the closed
captioning feature is deactivated by a member of the University
of Illinois Hospital's staff after such feature is enabled in a
common area or in a patient's room unless the deactivation of
the closed captioning feature is knowing or intentional. It is
not a violation of this Section if the closed captioning
feature is deactivated by a member of the general public, a
patient, or a member of the University of Illinois Hospital's
staff at the request of a patient of the University of Illinois

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Hospital.
If the University of Illinois Hospital does not have a
television that includes a closed captioning feature, then the
University of Illinois Hospital must ensure that all
televisions obtained for common areas and patient rooms after
the effective date of this amendatory Act of the 101st General
Assembly include a closed captioning feature. This Section does
not affect any other provision of law relating to disability
discrimination or providing reasonable accommodations or
diminish the rights of a person with a disability under any
other law.
As used in this Section, "closed captioning" means a text
display of spoken words presented on a television that allows a
deaf or hard of hearing viewer to follow the dialogue and the
action of a program simultaneously.
Section 10. The Alternative Health Care Delivery Act is
amended by adding Section 35.5 as follows:
(210 ILCS 3/35.5 new)
Sec. 35.5. Closed captioning required. An alternative
health care model licensed under this Act must make reasonable
efforts to have activated at all times the closed captioning
feature on a television in a common area provided for use by
the general public or in a patient's room, or enable the closed
captioning feature when requested to do so by a member of the

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general public or a patient, if the television includes a
closed captioning feature.
It is not a violation of this Section if the closed
captioning feature is deactivated by a member of the
alternative health care model's staff after such feature is
enabled in a common area or in a patient's room unless the
deactivation of the closed captioning feature is knowing or
intentional. It is not a violation of this Section if the
closed captioning feature is deactivated by a member of the
general public, a patient, or a member of the alternative
health care model's staff at the request of a patient of the
alternative health care model licensed under this Act.
If the alternative health care model licensed under this
Act does not have a television that includes a closed
captioning feature, then the alternative health care model
licensed under this Act must ensure that all televisions
obtained for common areas and patient rooms after the effective
date of this amendatory Act of the 101st General Assembly
include a closed captioning feature. This Section does not
affect any other provision of law relating to disability
discrimination or providing reasonable accommodations or
diminish the rights of a person with a disability under any
other law.
As used in this Section, "closed captioning" means a text
display of spoken words presented on a television that allows a
deaf or hard of hearing viewer to follow the dialogue and the

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action of a program simultaneously.
Section 15. The Ambulatory Surgical Treatment Center Act is
amended by adding Section 7c as follows:
(210 ILCS 5/7c new)
Sec. 7c. Closed captioning required. An ambulatory
surgical treatment center licensed under this Act must make
reasonable efforts to have activated at all times the closed
captioning feature on a television in a common area provided
for use by the general public or in a patient's room, or enable
the closed captioning feature when requested to do so by a
member of the general public or a patient, if the television
includes a closed captioning feature.
It is not a violation of this Section if the closed
captioning feature is deactivated by a member of the ambulatory
surgical treatment center's staff after such feature is enabled
in a common area or in a patient's room unless the deactivation
of the closed captioning feature is knowing or intentional. It
is not a violation of this Section if the closed captioning
feature is deactivated by a member of the general public, a
patient, or a member of the ambulatory surgical treatment
center's staff at the request of a patient of the ambulatory
surgical treatment center licensed under this Act.
If the ambulatory surgical treatment center licensed under
this Act does not have a television that includes a closed

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captioning feature, then the ambulatory surgical treatment
center licensed under this Act must ensure that all televisions
obtained for common areas and patient rooms after the effective
date of this amendatory Act of the 101st General Assembly
include a closed captioning feature. This Section does not
affect any other provision of law relating to disability
discrimination or providing reasonable accommodations or
diminish the rights of a person with a disability under any
other law.
As used in this Section, "closed captioning" means a text
display of spoken words presented on a television that allows a
deaf or hard of hearing viewer to follow the dialogue and the
action of a program simultaneously.
Section 20. The Community Living Facilities Licensing Act
is amended by adding Section 5.5 as follows:
(210 ILCS 35/5.5 new)
Sec. 5.5. Closed captioning required. A Community Living
Facility licensed under this Act must make reasonable efforts
to have activated at all times the closed captioning feature on
a television in a common area provided for use by the general
public or in a resident's room, or enable the closed captioning
feature when requested to do so by a member of the general
public or a resident, if the television includes a closed
captioning feature.

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It is not a violation of this Section if the closed
captioning feature is deactivated by a member of the Community
Living Facility's staff after such feature is enabled in a
common area or in a resident's room unless the deactivation of
the closed captioning feature is knowing or intentional. It is
not a violation of this Section if the closed captioning
feature is deactivated by a member of the general public, a
resident, or a member of the a Community Living Facility's
staff at the request of a resident of the Community Living
Facility licensed under this Act.
If a Community Living Facility licensed under this Act does
not have a television in a common area that includes a closed
captioning feature, then the Community Living Facility
licensed under this Act must ensure that all televisions
obtained for common areas after the effective date of this
amendatory Act of the 101st General Assembly include a closed
captioning feature. This Section does not affect any other
provision of law relating to disability discrimination or
providing reasonable accommodations or diminish the rights of a
person with a disability under any other law. Nothing in this
Section shall apply to televisions that are privately owned by
a resident or third party and not owned by the Community Living
Facility.
As used in this Section, "closed captioning" means a text
display of spoken words presented on a television that allows a
deaf or hard of hearing viewer to follow the dialogue and the

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action of a program simultaneously.
Section 25. The Nursing Home Care Act is amended by adding
Section 3-801.2 as follows:
(210 ILCS 45/3-801.2 new)
Sec. 3-801.2. Closed captioning required. A facility
licensed under this Act must make reasonable efforts to have
activated at all times the closed captioning feature on a
television in a common area provided for use by the general
public or in a resident's room, or enable the closed captioning
feature when requested to do so by a member of the general
public or a resident, if the television includes a closed
captioning feature.
It is not a violation of this Section if the closed
captioning feature is deactivated by a member of the facility's
staff after such feature is enabled in a common area or in a
resident's room unless the deactivation of the closed
captioning feature is knowing or intentional. It is not a
violation of this Section if the closed captioning feature is
deactivated by a member of the general public, a resident, or a
member of the facility's staff at the request of a resident of
a facility licensed under this Act.
If a facility licensed under this Act does not have a
television in a common area that includes a closed captioning
feature, then the facility licensed under this Act must ensure

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that all televisions obtained for common areas after the
effective date of this amendatory Act of the 101st General
Assembly include a closed captioning feature. This Section does
not affect any other provision of law relating to disability
discrimination or providing reasonable accommodations or
diminish the rights of a person with a disability under any
other law. Nothing in this Section shall apply to televisions
that are privately owned by a resident or third party and not
owned by the facility.
As used in this Section, "closed captioning" means a text
display of spoken words presented on a television that allows a
deaf or hard of hearing viewer to follow the dialogue and the
action of a program simultaneously.
Section 40. The Specialized Mental Health Rehabilitation
Act of 2013 is amended by adding Section 2-101.5 as follows:
(210 ILCS 49/2-101.5 new)
Sec. 2-101.5. Closed captioning required. A facility
licensed under this Act must make reasonable efforts to have
activated at all times the closed captioning feature on a
television in a common area provided for use by the general
public or in a consumer's room, or enable the closed captioning
feature when requested to do so by a member of the general
public or a consumer, if the television includes a closed
captioning feature.

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It is not a violation of this Section if the closed
captioning feature is deactivated by a member of the facility's
staff after such feature is enabled in a common area or in a
consumer's room unless the deactivation of the closed
captioning feature is knowing or intentional. It is not a
violation of this Section if the closed captioning feature is
deactivated by a member of the general public, a consumer, or a
member of the facility's staff at the request of a consumer of
a facility licensed under this Act.
If a facility licensed under this Act does not have a
television in a common area that includes a closed captioning
feature, then the facility licensed under this Act must ensure
that all televisions obtained for common areas after the
effective date of this amendatory Act of the 101st General
Assembly include a closed captioning feature. This Section does
not affect any other provision of law relating to disability
discrimination or providing reasonable accommodations or
diminish the rights of a person with a disability under any
other law. Nothing in this Section shall apply to televisions
that are privately owned by a resident or third party and not
owned by the facility.
As used in this Section, "closed captioning" means a text
display of spoken words presented on a television that allows a
deaf or hard of hearing viewer to follow the dialogue and the
action of a program simultaneously.

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Section 45. The Hospital Licensing Act is amended by adding
Section 11.8 as follows:
(210 ILCS 85/11.8 new)
Sec. 11.8. Closed captioning required. A hospital licensed
under this Act must make reasonable efforts to have activated
at all times the closed captioning feature on a television in a
common area provided for use by the general public or in a
patient's room, or enable the closed captioning feature when
requested to do so by a member of the general public or a
patient, if the television includes a closed captioning
feature.
It is not a violation of this Section if the closed
captioning feature is deactivated by a member of the hospital's
staff after such feature is enabled in a common area or in a
patient's room unless the deactivation of the closed captioning
feature is knowing or intentional. It is not a violation of
this Section if the closed captioning feature is deactivated by
a member of the general public, a patient, or a member of the
hospital's staff at the request of a patient of a hospital
licensed under this Act.
If a hospital licensed under this Act does not have a
television that includes a closed captioning feature, then the
hospital must ensure that all televisions obtained for common
areas and patient rooms after the effective date of this
amendatory Act of the 101st General Assembly include a closed

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captioning feature. This Section does not affect any other
provision of law relating to disability discrimination or
providing reasonable accommodations or diminish the rights of a
person with a disability under any other law.
As used in this Section, "closed captioning" means a text
display of spoken words presented on a television that allows a
deaf or hard of hearing viewer to follow the dialogue and the
action of a program simultaneously.
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INDEX
Statutes amended in order of appearance