Bill Text: IL HB1004 | 2015-2016 | 99th General Assembly | Chaptered

---

Bill Title: Amends the Medical Patient Rights Act. Makes a technical change in a Section concerning the purpose of the Act.

Sponsorship: Partisan Bill (Democrat 29)

Status: (Passed) 2015-07-16 - Public Act . . . . . . . . . 99-0054 [HB1004 Detail]

Download: Illinois-2015-HB1004-Chaptered.html

---

Public Act 099-0054
HB1004 Enrolled LRB099 04835 JLK 24864 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by changing
Section 5.666 as follows:
(30 ILCS 105/5.666)
(Section scheduled to be repealed on July 1, 2016)
Sec. 5.666. The African-American HIV/AIDS Response Fund.
This Section is repealed on July 1, 2026 2016.
(Source: P.A. 94-797, eff. 1-1-07; 95-331, eff. 8-21-07.)
Section 10. The African-American HIV/AIDS Response Act is
amended by changing Section 27 as follows:
(410 ILCS 303/27)
(Section scheduled to be repealed on July 1, 2016)
Sec. 27. African-American HIV/AIDS Response Fund.
(a) The African-American HIV/AIDS Response Fund is created
as a special fund in the State treasury. Moneys deposited into
the Fund shall, subject to appropriation, be used for grants
for programs to prevent the transmission of HIV and other
programs and activities consistent with the purposes of this
Act, including, but not limited to, preventing and treating

HIV/AIDS, the creation of an HIV/AIDS service delivery system,
and the administration of the Act. Moneys for the Fund shall
come from appropriations by the General Assembly, federal
funds, and other public resources.
(b) The Fund shall provide resources for communities in
Illinois to create an HIV/AIDS service delivery system that
reduces the disparity of HIV infection and AIDS cases between
African-Americans and other population groups in Illinois that
may be impacted by the disease by, including but, not limited
to:
(1) developing, implementing, and maintaining a
comprehensive, culturally sensitive HIV Prevention Plan
targeting communities that are identified as high-risk in
terms of the impact of the disease on African-Americans;
(2) developing, implementing, and maintaining a stable
HIV/AIDS service delivery infrastructure in Illinois
communities that will meet the needs of African-Americans;
(3) developing, implementing, and maintaining a
statewide HIV/AIDS testing program;
(4) providing funding for HIV/AIDS social and
scientific research to improve prevention and treatment;
(5) providing comprehensive technical and other
assistance to African-American community service
organizations that are involved in HIV/AIDS prevention and
treatment;
(6) developing, implementing, and maintaining an

infrastructure for African-American community service
organizations to make them less dependent on government
resources; and
(7) creating and maintaining at least 17 one-stop
shopping HIV/AIDS facilities across the State.
(c) When providing grants pursuant to this Fund, the
Department of Public Health shall give priority to the
development of comprehensive medical and social services to
African-Americans at risk of infection from or infected with
HIV/AIDS in areas of the State determined to have the greatest
geographic prevalence of HIV/AIDS in the African-American
population.
(d) The Section is repealed on July 1, 2026 2016.
(Source: P.A. 94-797, eff. 1-1-07.)
Section 15. The AIDS Confidentiality Act is amended by
changing Sections 3, 4, and 9 as follows:
(410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
Sec. 3. Definitions. When used in this Act:
(a) "AIDS" means acquired immunodeficiency syndrome.
(b) "Authority" means the Illinois Health Information
Exchange Authority established pursuant to the Illinois Health
Information Exchange and Technology Act.
(c) "Business associate" has the meaning ascribed to it
under HIPAA, as specified in 45 CFR 160.103.

(d) "Covered entity" has the meaning ascribed to it under
HIPAA, as specified in 45 CFR 160.103.
(e) "De-identified information" means health information
that is not individually identifiable as described under HIPAA,
as specified in 45 CFR 164.514(b).
(f) "Department" means the Illinois Department of Public
Health or its designated agents.
(g) "Disclosure" has the meaning ascribed to it under
HIPAA, as specified in 45 CFR 160.103.
(h) "Health care operations" has the meaning ascribed to it
under HIPAA, as specified in 45 CFR 164.501.
(i) "Health care professional" means (i) a licensed
physician, (ii) a physician assistant to whom the physician
assistant's supervising physician has delegated the provision
of AIDS and HIV-related health services, (iii) an advanced
practice registered nurse who has a written collaborative
agreement with a collaborating physician which authorizes the
provision of AIDS and HIV-related health services, (iv) an
advanced practice nurse or physician assistant who practices in
a hospital or ambulatory surgical treatment center and
possesses appropriate clinical privileges, (v) a licensed
dentist, (vi) (v) a licensed podiatric physician, or (vii) (vi)
an individual certified to provide HIV testing and counseling
by a state or local public health department.
(j) "Health care provider" has the meaning ascribed to it
under HIPAA, as specified in 45 CFR 160.103.

(k) "Health facility" means a hospital, nursing home, blood
bank, blood center, sperm bank, or other health care
institution, including any "health facility" as that term is
defined in the Illinois Finance Authority Act.
(l) "Health information exchange" or "HIE" means a health
information exchange or health information organization that
oversees and governs the electronic exchange of health
information that (i) is established pursuant to the Illinois
Health Information Exchange and Technology Act, or any
subsequent amendments thereto, and any administrative rules
adopted thereunder; (ii) has established a data sharing
arrangement with the Authority; or (iii) as of August 16, 2013,
was designated by the Authority Board as a member of, or was
represented on, the Authority Board's Regional Health
Information Exchange Workgroup; provided that such designation
shall not require the establishment of a data sharing
arrangement or other participation with the Illinois Health
Information Exchange or the payment of any fee. In certain
circumstances, in accordance with HIPAA, an HIE will be a
business associate.
(m) "Health oversight agency" has the meaning ascribed to
it under HIPAA, as specified in 45 CFR 164.501.
(n) "HIPAA" means the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, as amended by
the Health Information Technology for Economic and Clinical
Health Act of 2009, Public Law 111-05, and any subsequent

amendments thereto and any regulations promulgated thereunder.
(o) "HIV" means the human immunodeficiency virus.
(p) "HIV-related information" means the identity of a
person upon whom an HIV test is performed, the results of an
HIV test, as well as diagnosis, treatment, and prescription
information that reveals a patient is HIV-positive, including
such information contained in a limited data set. "HIV-related
information" does not include information that has been
de-identified in accordance with HIPAA.
(q) "Informed consent" means:
(1) where a health care provider, health care
professional, or health facility has implemented opt-in
testing, a process by which an individual or their legal
representative receives pre-test information, has an
opportunity to ask questions, and consents verbally or in
writing to the test without undue inducement or any element
of force, fraud, deceit, duress, or other form of
constraint or coercion; or
(2) where a health care provider, health care
professional, or health facility has implemented opt-out
testing, the individual or their legal representative has
been notified verbally or in writing that the test is
planned, has received pre-test information, has been given
the opportunity to ask questions and the opportunity to
decline testing, and has not declined testing; where such
notice is provided, consent for opt-out HIV testing may be

incorporated into the patient's general consent for
medical care on the same basis as are other screening or
diagnostic tests; a separate consent for opt-out HIV
testing is not required. a written or verbal agreement by
the subject of a test or the subject's legally authorized
representative without undue inducement or any element of
force, fraud, deceit, duress, or other form of constraint
or coercion, which entails at least the following pre-test
information:
(1) a fair explanation of the test, including its
purpose, potential uses, limitations, and the meaning of
its results;
(2) a fair explanation of the procedures to be
followed, including the voluntary nature of the test, the
right to withdraw consent to the testing process at any
time, the right to anonymity to the extent provided by law
with respect to participation in the test and disclosure of
test results, and the right to confidential treatment of
information identifying the subject of the test and the
results of the test, to the extent provided by law; and
In addition, (3) where the person providing informed
consent is a participant in an HIE, informed consent requires a
fair explanation that the results of the patient's HIV test
will be accessible through an HIE and meaningful disclosure of
the patient's opt-out right under Section 9.6 of this Act.
A health care provider, health care professional, or health

facility undertaking an informed consent process for HIV
testing under this subsection may combine a form used to obtain
informed consent for HIV testing with forms used to obtain
written consent for general medical care or any other medical
test or procedure, provided that the forms make it clear that
the subject may consent to general medical care, tests, or
procedures without being required to consent to HIV testing,
and clearly explain how the subject may decline HIV testing.
Health facility clerical staff or other staff responsible for
the consent form for general medical care may obtain consent
for HIV testing through a general consent form.
Pre-test information may be provided in writing, verbally,
or by video, electronic, or other means. The subject must be
offered an opportunity to ask questions about the HIV test and
decline testing. Nothing in this Act shall prohibit a health
care provider or health care professional from combining a form
used to obtain informed consent for HIV testing with forms used
to obtain written consent for general medical care or any other
medical test or procedure provided that the forms make it clear
that the subject may consent to general medical care, tests, or
medical procedures without being required to consent to HIV
testing and clearly explain how the subject may opt out of HIV
testing.
(r) "Limited data set" has the meaning ascribed to it under
HIPAA, as described in 45 CFR 164.514(e)(2).
(s) "Minimum necessary" means the HIPAA standard for using,

disclosing, and requesting protected health information found
in 45 CFR 164.502(b) and 164.514(d).
(s-1) "Opt-in testing" means an approach where an HIV test
is presented by offering the test and the patient accepts or
declines testing.
(s-3) "Opt-out testing" means an approach where an HIV test
is presented such that a patient is notified that HIV testing
may occur unless the patient declines.
(t) "Organized health care arrangement" has the meaning
ascribed to it under HIPAA, as specified in 45 CFR 160.103.
(u) "Patient safety activities" has the meaning ascribed to
it under 42 CFR 3.20.
(v) "Payment" has the meaning ascribed to it under HIPAA,
as specified in 45 CFR 164.501.
(w) "Person" includes any natural person, partnership,
association, joint venture, trust, governmental entity, public
or private corporation, health facility, or other legal entity.
(w-5) "Pre-test information" means:
(1) a reasonable explanation of the test, including its
purpose, potential uses, limitations, and the meaning of
its results; and
(2) a reasonable explanation of the procedures to be
followed, including the voluntary nature of the test, the
availability of a qualified person to answer questions, the
right to withdraw consent to the testing process at any
time, the right to anonymity to the extent provided by law

with respect to participation in the test and disclosure of
test results, and the right to confidential treatment of
information identifying the subject of the test and the
results of the test, to the extent provided by law.
Pre-test information may be provided in writing, verbally,
or by video, electronic, or other means and may be provided as
designated by the supervising health care professional or the
health facility.
For the purposes of this definition, a qualified person to
answer questions is a health care professional or, when acting
under the supervision of a health care professional, a
registered nurse, medical assistant, or other person
determined to be sufficiently knowledgeable about HIV testing,
its purpose, potential uses, limitations, the meaning of the
test results, and the testing procedures in the professional
judgment of a supervising health care professional or as
designated by a health care facility.
(x) "Protected health information" has the meaning
ascribed to it under HIPAA, as specified in 45 CFR 160.103.
(y) "Research" has the meaning ascribed to it under HIPAA,
as specified in 45 CFR 164.501.
(z) "State agency" means an instrumentality of the State of
Illinois and any instrumentality of another state that,
pursuant to applicable law or a written undertaking with an
instrumentality of the State of Illinois, is bound to protect
the privacy of HIV-related information of Illinois persons.

(aa) "Test" or "HIV test" means a test to determine the
presence of the antibody or antigen to HIV, or of HIV
infection.
(bb) "Treatment" has the meaning ascribed to it under
HIPAA, as specified in 45 CFR 164.501.
(cc) "Use" has the meaning ascribed to it under HIPAA, as
specified in 45 CFR 160.103, where context dictates.
(Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15.)
(410 ILCS 305/4) (from Ch. 111 1/2, par. 7304)
Sec. 4. Informed consent. No person may order an HIV test
without first providing pre-test information, as defined under
subsection (w-5) of Section 3 of this Act, and receiving the
documented informed consent of the subject of the test or the
subject's legally authorized representative in accordance with
paragraph (1) or (2) of subsection (q) of Section 3 of this
Act.
A health care provider, health care professional, or health
care facility conducting opt-in testing and obtaining informed
consent pursuant to paragraph (1) of subsection (q) of Section
3 shall document verbal or written consent in the general
consent for medical care, a separate consent form, or elsewhere
in the medical record.
A health care provider, health care professional, or health
care facility conducting opt-out testing pursuant to paragraph
(2) of subsection (q) of Section 3 shall document the subject's

or the subject's legally authorized representative's
declination of the test in the medical record. Individual
documentation of the provision of pre-test information to each
test subject is not required. A health care provider, health
care professional, or health facility conducting opt-out
testing and shall establish and implement a written procedure
for conducting opt-out testing pursuant to paragraph (2) of
subsection (q) of Section 3 and for providing pre-test
information, as that term is defined under subsection (w-5) of
Section 3 of this Act. A health care facility or provider may
offer opt-out HIV testing where the subject or the subject's
legally authorized representative is informed that the subject
will be tested for HIV unless he or she refuses. The health
care facility or provider must document the provision of
informed consent, including pre-test information, and whether
the subject or the subject's legally authorized representative
declined the offer of HIV testing.
(Source: P.A. 95-7, eff. 6-1-08.)
(410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
Sec. 9. (1) No person may disclose or be compelled to
disclose HIV-related information, except to the following
persons:
(a) The subject of an HIV test or the subject's legally
authorized representative. A physician may notify the
spouse or civil union partner of the test subject, if the

test result is positive and has been confirmed pursuant to
rules adopted by the Department, provided that the
physician has first sought unsuccessfully to persuade the
patient to notify the spouse or civil union partner or
that, a reasonable time after the patient has agreed to
make the notification, the physician has reason to believe
that the patient has not provided the notification. This
paragraph shall not create a duty or obligation under which
a physician must notify the spouse or civil union partner
of the test results, nor shall such duty or obligation be
implied. No civil liability or criminal sanction under this
Act shall be imposed for any disclosure or non-disclosure
of a test result to a spouse or civil union partner by a
physician acting in good faith under this paragraph. For
the purpose of any proceedings, civil or criminal, the good
faith of any physician acting under this paragraph shall be
presumed.
(b) Any person designated in a legally effective
authorization for release of the HIV-related information
executed by the subject of the HIV-related information or
the subject's legally authorized representative.
(c) An authorized agent or employee of a health
facility or health care provider if the health facility or
health care provider itself is authorized to obtain the
test results, the agent or employee provides patient care
or handles or processes specimens of body fluids or

tissues, and the agent or employee has a need to know such
information.
(d) The Department and local health authorities
serving a population of over 1,000,000 residents or other
local health authorities as designated by the Department,
in accordance with rules for reporting, preventing, and
controlling the spread of disease and the conduct of public
health surveillance, public health investigations, and
public health interventions, as otherwise provided by
State law. The Department, local health authorities, and
authorized representatives shall not disclose HIV test
results and HIV-related information, publicly or in any
action of any kind in any court or before any tribunal,
board, or agency. HIV test results and HIV-related
information shall be protected from disclosure in
accordance with the provisions of Sections 8-2101 through
8-2105 of the Code of Civil Procedure.
(e) A health facility, health care provider, or health
care professional which procures, processes, distributes
or uses: (i) a human body part from a deceased person with
respect to medical information regarding that person; or
(ii) semen provided prior to the effective date of this Act
for the purpose of artificial insemination.
(f) Health facility staff committees for the purposes
of conducting program monitoring, program evaluation or
service reviews.

(f-5) A court in accordance with the provisions of
Section 12-5.01 of the Criminal Code of 2012.
(g) (Blank).
(h) Any health care provider, health care
professional, or employee of a health facility, and any
firefighter or EMR, EMT, A-EMT, paramedic, PHRN, or EMT-I,
involved in an accidental direct skin or mucous membrane
contact with the blood or bodily fluids of an individual
which is of a nature that may transmit HIV, as determined
by a physician in his medical judgment.
(i) Any law enforcement officer, as defined in
subsection (c) of Section 7, involved in the line of duty
in a direct skin or mucous membrane contact with the blood
or bodily fluids of an individual which is of a nature that
may transmit HIV, as determined by a physician in his
medical judgment.
(j) A temporary caretaker of a child taken into
temporary protective custody by the Department of Children
and Family Services pursuant to Section 5 of the Abused and
Neglected Child Reporting Act, as now or hereafter amended.
(k) In the case of a minor under 18 years of age whose
test result is positive and has been confirmed pursuant to
rules adopted by the Department, the health care
professional who ordered the test shall make a reasonable
effort to notify the minor's parent or legal guardian if,
in the professional judgment of the health care

professional, notification would be in the best interest of
the child and the health care professional has first sought
unsuccessfully to persuade the minor to notify the parent
or legal guardian or a reasonable time after the minor has
agreed to notify the parent or legal guardian, the health
care professional has reason to believe that the minor has
not made the notification. This subsection shall not create
a duty or obligation under which a health care professional
must notify the minor's parent or legal guardian of the
test results, nor shall a duty or obligation be implied. No
civil liability or criminal sanction under this Act shall
be imposed for any notification or non-notification of a
minor's test result by a health care professional acting in
good faith under this subsection. For the purpose of any
proceeding, civil or criminal, the good faith of any health
care professional acting under this subsection shall be
presumed.
(2) All information and records held by a State agency,
local health authority, or health oversight agency pertaining
to HIV-related information shall be strictly confidential and
exempt from copying and inspection under the Freedom of
Information Act. The information and records shall not be
released or made public by the State agency, local health
authority, or health oversight agency, shall not be admissible
as evidence nor discoverable in any action of any kind in any
court or before any tribunal, board, agency, or person, and

shall be treated in the same manner as the information and
those records subject to the provisions of Part 21 of Article
VIII of the Code of Civil Procedure, except under the following
circumstances:
(A) when made with the written consent of all persons
to whom the information pertains; or
(B) when authorized by Section 5-4-3 of the Unified
Code of Corrections.
Disclosure shall be limited to those who have a need to
know the information, and no additional disclosures may be
made.
(Source: P.A. 97-1046, eff. 8-21-12; 97-1150, eff. 1-25-13;
98-973, eff. 8-15-14; 98-1046, eff. 1-1-15; revised 10-1-14.)