Bill Text: IL HB3484 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Medical Patient Rights Act. Provides that a patient or representative of the patient must give informed consent, or informed permission in the case of an infant, for biochemical testing for controlled substances unless there is a medical emergency and there is inadequate time to obtain consent. Describes the specific information that health care providers to supply to a patient, or a patient’s representative, before informed consent can be given. Effective immediately.

Sponsorship: Partisan Bill (Democrat 4)

Status: (Introduced - Dead) 2019-04-12 - Rule 19(a) / Re-referred to Rules Committee [HB3484 Detail]

Download: Illinois-2019-HB3484-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3484 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED:
410 ILCS 50/3 from Ch. 111 1/2, par. 5403
Amends the Medical Patient Rights Act. Provides that a patient or representative of the patient must give informed consent, or informed permission in the case of an infant, for biochemical testing for controlled substances unless there is a medical emergency and there is inadequate time to obtain consent. Describes the specific information that health care providers to supply to a patient, or a patient�s representative, before informed consent can be given. Effective immediately.
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A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Medical Patient Rights Act is amended by
changing Section 3 as follows:
(410 ILCS 50/3) (from Ch. 111 1/2, par. 5403)
Sec. 3. The following rights are hereby established:
(a) The right of each patient to care consistent with sound
nursing and medical practices, to be informed of the name of
the physician responsible for coordinating his or her care, to
receive information concerning his or her condition and
proposed treatment, to refuse any treatment to the extent
permitted by law, and to privacy and confidentiality of records
except as otherwise provided by law.
(b) The right of each patient, regardless of source of
payment, to examine and receive a reasonable explanation of his
total bill for services rendered by his physician or health
care provider, including the itemized charges for specific
services received. Each physician or health care provider shall
be responsible only for a reasonable explanation of those
specific services provided by such physician or health care
provider.
(c) In the event an insurance company or health services

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corporation cancels or refuses to renew an individual policy or
plan, the insured patient shall be entitled to timely, prior
notice of the termination of such policy or plan.
An insurance company or health services corporation that
requires any insured patient or applicant for new or continued
insurance or coverage to be tested for infection with human
immunodeficiency virus (HIV) or any other identified causative
agent of acquired immunodeficiency syndrome (AIDS) shall (1)
give the patient or applicant prior written notice of such
requirement, (2) proceed with such testing only upon the
written authorization of the applicant or patient, and (3) keep
the results of such testing confidential. Notice of an adverse
underwriting or coverage decision may be given to any
appropriately interested party, but the insurer may only
disclose the test result itself to a physician designated by
the applicant or patient, and any such disclosure shall be in a
manner that assures confidentiality.
The Department of Insurance shall enforce the provisions of
this subsection.
(d) The right of each patient to privacy and
confidentiality in health care. Each physician, health care
provider, health services corporation and insurance company
shall refrain from disclosing the nature or details of services
provided to patients, except that such information may be
disclosed: (1) to the patient, (2) to the party making
treatment decisions if the patient is incapable of making

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decisions regarding the health services provided, (3) for
treatment in accordance with 45 CFR 164.501 and 164.506, (4)
for payment in accordance with 45 CFR 164.501 and 164.506, (5)
to those parties responsible for peer review, utilization
review, and quality assurance, (6) for health care operations
in accordance with 45 CFR 164.501 and 164.506, (7) to those
parties required to be notified under the Abused and Neglected
Child Reporting Act or the Illinois Sexually Transmissible
Disease Control Act, or (8) as otherwise permitted, authorized,
or required by State or federal law. This right may be waived
in writing by the patient or the patient's guardian or legal
representative, but a physician or other health care provider
may not condition the provision of services on the patient's,
guardian's, or legal representative's agreement to sign such a
waiver. In the interest of public health, safety, and welfare,
patient information, including, but not limited to, health
information, demographic information, and information about
the services provided to patients, may be transmitted to or
through a health information exchange, as that term is defined
in Section 2 of the Mental Health and Developmental
Disabilities Confidentiality Act, in accordance with the
disclosures permitted pursuant to this Section. Patients shall
be provided the opportunity to opt out of their health
information being transmitted to or through a health
information exchange in accordance with the regulations,
standards, or contractual obligations adopted by the Illinois

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Health Information Exchange Authority in accordance with
Section 9.6 of the Mental Health and Developmental Disabilities
Confidentiality Act, Section 9.6 of the AIDS Confidentiality
Act, or Section 31.8 of the Genetic Information Privacy Act, as
applicable. In the case of a patient choosing to opt out of
having his or her information available on an HIE, nothing in
this Act shall cause the physician or health care provider to
be liable for the release of a patient's health information by
other entities that may possess such information, including,
but not limited to, other health professionals, providers,
laboratories, pharmacies, hospitals, ambulatory surgical
centers, and nursing homes.
(e) With the exception of medical emergencies with
inadequate time to obtain consent, the right of each patient,
or patient's representative, to specific informed consent, or
informed permission in the case of an infant, including the
health and legal benefits and risks regarding biochemical
testing for controlled substances. Health care providers will
provide to patients, or patient's representative, a written
description of the foreseeable health and legal risks and
benefits of biochemical testing for controlled substances,
information about reasonable alternatives, information about
how to obtain answers to questions about substance abuse
treatment, applicability of Federal Safe Harbor Protections,
extent of confidentiality and the voluntariness of agreement to
biochemical testing for controlled substances.

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(Source: P.A. 98-1046, eff. 1-1-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.