Bill Text: IL HB3484 | 2019-2020 | 101st General Assembly | Introduced
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.
Spectrum: Partisan Bill (Democrat 4-0)
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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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Medical Patient Rights Act is amended by | |||||||||||||||||||
5 | changing Section 3 as follows:
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6 | (410 ILCS 50/3) (from Ch. 111 1/2, par. 5403)
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7 | Sec. 3. The following rights are hereby established:
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8 | (a) The right of each patient to care consistent with sound | |||||||||||||||||||
9 | nursing and
medical practices, to be informed of the name of | |||||||||||||||||||
10 | the physician responsible
for coordinating his or her care, to | |||||||||||||||||||
11 | receive information concerning his or
her condition and | |||||||||||||||||||
12 | proposed treatment, to refuse any treatment to the extent
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13 | permitted by law, and to privacy and confidentiality of records | |||||||||||||||||||
14 | except as
otherwise provided by law.
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15 | (b) The right of each patient, regardless of source of | |||||||||||||||||||
16 | payment, to examine
and receive a reasonable explanation of his | |||||||||||||||||||
17 | total bill for services rendered
by his physician or health | |||||||||||||||||||
18 | care provider, including the itemized charges
for specific | |||||||||||||||||||
19 | services received. Each physician or health care provider
shall | |||||||||||||||||||
20 | be responsible only for a reasonable explanation of those | |||||||||||||||||||
21 | specific
services provided by such physician or health care | |||||||||||||||||||
22 | provider.
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23 | (c) In the event an insurance company or health services |
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1 | corporation cancels
or refuses to renew an individual policy or | ||||||
2 | plan, the insured patient shall
be entitled to timely, prior | ||||||
3 | notice of the termination of such policy or plan.
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4 | An insurance company or health services corporation that | ||||||
5 | requires any
insured patient or applicant for new or continued | ||||||
6 | insurance or coverage to
be tested for infection with human | ||||||
7 | immunodeficiency virus (HIV) or any
other identified causative | ||||||
8 | agent of acquired immunodeficiency syndrome
(AIDS) shall (1) | ||||||
9 | give the patient or applicant prior written notice of such
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10 | requirement, (2) proceed with such testing only upon the | ||||||
11 | written
authorization of the applicant or patient, and (3) keep | ||||||
12 | the results of such
testing confidential. Notice of an adverse | ||||||
13 | underwriting or coverage
decision may be given to any | ||||||
14 | appropriately interested party, but the
insurer may only | ||||||
15 | disclose the test result itself to a physician designated
by | ||||||
16 | the applicant or patient, and any such disclosure shall be in a | ||||||
17 | manner
that assures confidentiality.
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18 | The Department of Insurance shall enforce the provisions of | ||||||
19 | this subsection.
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20 | (d) The right of each patient to privacy and | ||||||
21 | confidentiality in health
care. Each physician, health care | ||||||
22 | provider, health services corporation and
insurance company | ||||||
23 | shall refrain from disclosing the nature or details of
services | ||||||
24 | provided to patients, except that such information may be | ||||||
25 | disclosed: (1) to the
patient, (2) to the party making | ||||||
26 | treatment decisions if the patient is incapable
of making |
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1 | decisions regarding the health services provided, (3) for | ||||||
2 | treatment in accordance with 45 CFR 164.501 and 164.506, (4) | ||||||
3 | for
payment in accordance with 45 CFR 164.501 and 164.506, (5) | ||||||
4 | to those parties responsible for peer review,
utilization | ||||||
5 | review, and quality assurance, (6) for health care operations | ||||||
6 | in accordance with 45 CFR 164.501 and 164.506, (7) to those | ||||||
7 | parties required to
be notified under the Abused and Neglected | ||||||
8 | Child Reporting Act or the
Illinois Sexually Transmissible | ||||||
9 | Disease Control Act, or (8) as otherwise permitted,
authorized, | ||||||
10 | or required by State or federal law. This right may be waived | ||||||
11 | in writing by the
patient or the patient's guardian or legal | ||||||
12 | representative, but a physician or other health care
provider | ||||||
13 | may not condition the provision of services on the patient's,
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14 | guardian's, or legal representative's agreement to sign such a | ||||||
15 | waiver. In the interest of public health, safety, and welfare, | ||||||
16 | patient information, including, but not limited to, health | ||||||
17 | information, demographic information, and information about | ||||||
18 | the services provided to patients, may be transmitted to or | ||||||
19 | through a health information exchange, as that term is defined | ||||||
20 | in Section 2 of the Mental Health and Developmental | ||||||
21 | Disabilities Confidentiality Act, in accordance with the | ||||||
22 | disclosures permitted pursuant to this Section. Patients shall | ||||||
23 | be provided the opportunity to opt out of their health | ||||||
24 | information being transmitted to or through a health | ||||||
25 | information exchange in accordance with the regulations, | ||||||
26 | standards, or contractual obligations adopted by the Illinois |
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1 | Health Information Exchange Authority in accordance with | ||||||
2 | Section 9.6 of the Mental Health and Developmental Disabilities | ||||||
3 | Confidentiality Act, Section 9.6 of the AIDS Confidentiality | ||||||
4 | Act, or Section 31.8 of the Genetic Information Privacy Act, as | ||||||
5 | applicable. In the case of a patient choosing to opt out of | ||||||
6 | having his or her information available on an HIE, nothing in | ||||||
7 | this Act shall cause the physician or health care provider to | ||||||
8 | be liable for the release of a patient's health information by | ||||||
9 | other entities that may possess such information, including, | ||||||
10 | but not limited to, other health professionals, providers, | ||||||
11 | laboratories, pharmacies, hospitals, ambulatory surgical | ||||||
12 | centers, and nursing homes. | ||||||
13 | (e) With the exception of medical emergencies with | ||||||
14 | inadequate time to obtain consent, the right of each patient, | ||||||
15 | or patient's representative, to specific informed consent, or | ||||||
16 | informed permission in the case of an infant, including the | ||||||
17 | health and legal benefits and risks regarding biochemical | ||||||
18 | testing for controlled substances. Health care providers will | ||||||
19 | provide to patients, or patient's representative, a written | ||||||
20 | description of the foreseeable health and legal risks and | ||||||
21 | benefits of biochemical testing for controlled substances, | ||||||
22 | information about reasonable alternatives, information about | ||||||
23 | how to obtain answers to questions about substance abuse | ||||||
24 | treatment, applicability of Federal Safe Harbor Protections, | ||||||
25 | extent of confidentiality and the voluntariness of agreement to | ||||||
26 | biochemical testing for controlled substances.
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1 | (Source: P.A. 98-1046, eff. 1-1-15 .)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
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