Governor J.B. Pritzker has signed House Bill 1312 into law, introducing new requirements for hospitals in Illinois regarding their interactions with law enforcement and federal immigration agents.
Under the new law, all hospitals must develop policies to guide how they respond to the presence of federal immigration authorities. These policies will include protocols for verifying the identity and authority of law enforcement personnel, protecting patient privacy by prohibiting the disclosure of patients’ immigration status, and providing information about immigration rights.
General acute care hospitals are required to comply with these mandates by January 1, 2026. All other hospitals have until March 1, 2026, to implement the necessary policies. Hospitals that do not meet these deadlines will face a fine of $500 per day during the first quarter of next year.
The legislation codifies existing hospital procedures and adds further protections to ensure patient privacy is consistent with federal HIPAA regulations.
House Bill 1312 also establishes the Illinois Bivens Act, which gives individuals the right to sue anyone who violates their constitutional rights during civil immigration enforcement actions.
According to the Illinois State Medical Society (ISMS), initial drafts of this legislation would have extended similar requirements to non-hospital affiliated physicians’ offices. ISMS advocated for changes so that these mandates apply only to hospitals. “Thanks to ISMS, these mandates do not apply to non-hospital affiliated physicians’ offices,” stated ISMS in its announcement.
Questions about the legislation can be directed to Erin O’Brien, Senior Vice President of State Legislative Affairs at ISMS.
