# 77 Ill. Adm. Code 2500.250.145: Section 250.145 Health Care Sanctity and Privacy

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P2500_S250_145

## Section

- **Citation:** 77 Ill. Adm. Code 2500.250.145
- **Heading:** Section 250.145 Health Care Sanctity and Privacy
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 77  /  / Part 2500  / Section 250.145 Health Care Sanctity and Privacy

## Text

TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER c: HOSPITALS AND OUTPATIENT SERVICES CARE FACILITIES
PART 250 HOSPITAL LICENSING REQUIREMENTS
SECTION 250.145 HEALTH CARE SANCTITY AND PRIVACY
Section 250.145  Health Care Sanctity and Privacy
a)         For the purposes of this
Section, the following definitions shall apply:
1)
Administrative
volunteer – an individual who serves as a volunteer at a hospital in only an
administrative capacity.
2)
Law
enforcement agent – an agent of federal, State, or local law enforcement
authorized with the power to arrest or detain individuals, or manage the
custody of detained individuals, for civil immigration enforcement.
3)
Patient
– any person who has received or is receiving medical care, treatment, or
services from an individual or institution licensed to provide medical care or
treatment in this State.
(Section 6.14h(b) of the Act)
b)
Each
general acute care hospital shall adopt and implement a policy regarding
interactions with law enforcement agents by January 1, 2026. All other
hospitals shall adopt and implement a policy regarding interactions with law
enforcement agents by March 1, 2026. Each policy adopted under
the Act and
this Section shall
include, at a minimum:
1)
The
designation of a contact person or persons to be notified of all law
enforcement presence or information requests at the hospital and procedures to
respond to those requests
1, 2026. All other
hospitals shall adopt and implement a policy regarding interactions with law
enforcement agents by March 1, 2026. Each policy adopted under
the Act and
this Section shall
include, at a minimum:
1)
The
designation of a contact person or persons to be notified of all law
enforcement presence or information requests at the hospital and procedures to
respond to those requests. The designated contact person or persons shall be
legal counsel of the hospital or other individuals within the administration of
the hospital;
2)
Procedures
to verify the identity and authority of any law enforcement agent involved in
civil immigration activities at the hospital site, including, but not limited
to, the use of best efforts to request and document the first and last name of
the law enforcement agent, the name of the law enforcement agency, and the
badge number of any law enforcement agent presenting with a patient or
requesting information about a patient;
3)
Procedures
for designating space for law enforcement agents to remain and wait at a
hospital, considering public interest, staff safety, and patient needs;
provided, however, that a law enforcement agent may access the areas of the
hospital that the hospital's designated contact person approves if the law
enforcement agent:
A)
Complies
with hospital policy and State and federal law, including, but not limited to,
that the law enforcement agent has a valid judicial warrant or court order
signed by a judge or magistrate to accompany a patient in the law enforcement
agent's custody or otherwise be present in the facility, or
B)
Is
requested by hospital staff to respond to a safety or security issue within the
hospital;
4)
Procedures
to ensure that patients are provided with:
A)
A
notice of privacy policies in accordance with 45 CFR 164.520, including
information about the patient's right to request an amendment to the patient's
medical record, which shall be made available in the languages of the
populations of persons living w
by hospital staff to respond to a safety or security issue within the
hospital;
4)
Procedures
to ensure that patients are provided with:
A)
A
notice of privacy policies in accordance with 45 CFR 164.520, including
information about the patient's right to request an amendment to the patient's
medical record, which shall be made available in the languages of the
populations of persons living within the geographic area served by the hospital
in compliance with the Language Assistance Services Act and which may include a
request that any of the following information be deleted, redacted, or amended:
i)
Place
of birth;
ii)
Immigration or
citizenship status; or
iii)
Information
from birth certificates, passports, permanent resident cards, alien
registration cards, or employment authorization documents; and
B)
An
opportunity, at the earliest reasonable moment, to sign an authorization form
in order to permit the disclosure of information by the hospital to parents,
guardians, relatives, or other designees of the patient about the patient's
health status or hospital admission and discharge, which shall also be made
available in languages of the populations of persons living within the
geographic area served by the hospital in compliance with the Language
Assistance Services Act;
5)
Procedures
to ensure that any protected health information requested by a law enforcement
agent is released only in strict accordance with all applicable local, State,
and federal law, including, but not limited to, the Health Insurance
Portability and Accountability Act of 1996, as amended, and its implementing
regulations, including, but not limited to, the Privacy Rule (45 CFR 22, Parts
160, 162, and 164) and, including, but not limited to, 45 CFR 164.512(e) and
aw enforcement
agent is released only in strict accordance with all applicable local, State,
and federal law, including, but not limited to, the Health Insurance
Portability and Accountability Act of 1996, as amended, and its implementing
regulations, including, but not limited to, the Privacy Rule (45 CFR 22, Parts
160, 162, and 164) and, including, but not limited to, 45 CFR 164.512(e) and
(f);
6)
In
the case of a law enforcement agent seeking information for the purpose of
immigration enforcement, to the extent not in conflict with 45 CFR 164.512(e)
and (f), a procedure to release information only when the following
circumstances are met, and in strict compliance with:
A)
A
valid and accurate subpoena issued by a federal judge or magistrate
, as
determined by the designated contact person as referenced in subsection
250.145(b)(1), the administrative officer on duty, or other appropriately
trained staff;
B)
A
valid and accurate order issued by a federal judge or magistrate to require access
,
as determined by the designated contact person as referenced in subsection
250.145(b)(1), the administrative officer on duty, or other appropriately
trained staff; or
C)
A
valid and accurate warrant issued by a federal judge or magistrate
, as
determined by the designated contact person as referenced in subsection
250.145(b)(1), the administrative officer on duty, or other appropriately
trained staff;
7)
Procedures
to ensure annual and, as deemed reasonably necessary by the hospital, episodic
training on
the
policy
regarding interactions with law enforcement
agents
to
:
A)
All
hospital clinical health care staff, including, but not limited to, intake staff,
emergency room staff, and independent contractors who provide clinical
services;
B)
Security
personnel;
C)
Designated
contact persons; and
D)
Administrative
volunteers;
8)
Procedures
to ensure all policies of the hospital comply with
Section 6.14h of the Act
and this Section; and
9)
A
requirement that a hospital or its agents shall not
e staff, including, but not limited to, intake staff,
emergency room staff, and independent contractors who provide clinical
services;
B)
Security
personnel;
C)
Designated
contact persons; and
D)
Administrative
volunteers;
8)
Procedures
to ensure all policies of the hospital comply with
Section 6.14h of the Act
and this Section; and
9)
A
requirement that a hospital or its agents shall not retaliate against a
patient, employee, or agent who files a complaint under
Section 6.14h of
the Act and this Section.  (Section 6.14h(c) of the Act)
c)
The
policies required by
and compliant with subsection (b)
shall be
submitted to the Department. General acute care hospitals shall submit the
policies to the Department no later than January 1, 2026. All other hospitals
shall submit the policies to the Department no later than March 1, 2026
.
(Section 6.14h(d) of the Act)
d)
Hospitals
shall post, either by physical or electronic means, in a conspicuous place
within the hospital, which is accessible to patients, employees, and visitors,
a description, provided by the Department, regarding the phone number that
individuals can call to learn about their immigration rights. Notices under
this Section shall be posted in the predominant language or languages spoken in
the hospital's service area.
(Section 6.14h(e) of the Act)
e)
By
January 15, 2026, the Department will notify any general acute care hospital
that has failed to provide a copy of the policy required under
and
compliant with Section 6.14h of the Act and this Section,
and by March 15,
2026, the Department
will
notify all other hospitals that have failed to
provide a copy of the policy required under
and compliant with Section
6.14h of the Act and this Section.
1)
A
hospital receiving
this
notice shall have
seven
working days to
provide a copy of the policy.
2)
The
failure of a hospital to submit a copy of a policy within
seven
working
days
will
subject the hospital to the imposition of a fine by the
Department
er hospitals that have failed to
provide a copy of the policy required under
and compliant with Section
6.14h of the Act and this Section.
1)
A
hospital receiving
this
notice shall have
seven
working days to
provide a copy of the policy.
2)
The
failure of a hospital to submit a copy of a policy within
seven
working
days
will
subject the hospital to the imposition of a fine by the
Department. The Department
will
impose a fine of up to $500 per day
until the hospital files the policy.
(Section 6.14h(f) of the Act)
Notices of fines will be issued in accordance with Part 100 Practice and
Procedure in Administrative Hearings (77 Ill. Admin. Code 100).
f)
The
Department
will
investigate and respond to complaints from patients,
employees, and the public alleging noncompliance with
subsection (b). The
Department will not determine the validity or accuracy of a subpoena, order, or
warrant, as referenced in (b)(6)(A-C).
A hospital and its agents shall not
retaliate against a patient, employee, or agent who files a complaint under
Section 6.14h of the Act and this Section.  (Section 6.14h(g) of the Act)
g)
All
hospital personnel, including administrative volunteers, shall be forever held
harmless from any civil, criminal, or other liability that may arise, now or in
the future, as a result of their reasonable compliance with the provisions of
Section 6.14h of the Act and this Section.  (Section 6.14h(h) of the Act)
h)
Nothing
in
Section 6.14h of the Act or this Section
affects a hospital's
obligation as a mandated reporter or to otherwise respond to instances of
suspected crime on the premises.
(Section 6.14h(i) of the Act)
i)          Section
6.14h of the Act and this Section are
not intended to conflict with federal
law or stand as an obstacle to the enforcement of federal laws
.  (Section
6.14h(j) of the Act)

## Nearby sections

- [77 Ill. Adm. Code 2500.250.105 Section 250.105  Incorporated and Referenced Materials](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P2500_S250_105.md)
- [77 Ill. Adm. Code 2500.250.145 Section 250.145  Health Care Sanctity and Privacy](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P2500_S250_145.md)
- [77 Ill. Adm. Code 2500.250.150 Section 250.150  Definitions (Renumbered)](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P2500_S250_150.md)
- [77 Ill. Adm. Code 2500.250.160 Section 250.160  Incorporated and Referenced Materials (Renumbered)](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P2500_S250_160.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P2500_S250_145. Check the current official text before relying on it. Not legal advice.