Prairie State Wire

The Illinois Senate has approved House Bill 1312, which would require all hospitals in the state to establish policies for handling interactions with law enforcement and federal immigration agents. The bill passed the Senate by a vote of 40-18 during the recent Fall Veto Session in Springfield, following earlier approval by the Illinois House with a vote of 75-32.

If enacted, the legislation would mandate that hospitals verify the identity and authority of law enforcement officers, protect patient privacy by prohibiting disclosure of patients’ immigration status, and provide information about immigration rights. General acute care hospitals would need to comply by January 2026, while other hospitals have until March 2026.

Hospitals failing to develop these policies within the required timeframe could face fines of $500 per day during the first quarter of next year.

The proposed law seeks to formalize existing practices at many hospitals and ensure that patient privacy protections are consistent with federal HIPAA regulations.

House Bill 1312 also includes provisions for the creation of the Illinois Bivens Act. This act would permit individuals to sue anyone who violates their constitutional rights during civil immigration enforcement actions.

Originally, similar requirements were considered for non-hospital affiliated physicians’ offices. However, language was added—secured by ISMS—to exclude those entities from these mandates.

The bill now awaits consideration by Governor Pritzker.

For further information, inquiries can be directed to Erin O'Brien, ISMS Senior Vice President of State Legislative Affairs.