Full Text of HB5925 98th General Assembly
HB5925sam001 98TH GENERAL ASSEMBLY | Sen. Mattie Hunter Filed: 5/6/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5925
| 2 | | AMENDMENT NO. ______. Amend House Bill 5925 as follows: | 3 | | on page 1, immediately below line 3, by inserting the | 4 | | following:
| 5 | | "Section 1. The Illinois Health Information Exchange and | 6 | | Technology Act is amended by changing Section 40 as follows: | 7 | | (20 ILCS 3860/40) | 8 | | (Section scheduled to be repealed on January 1, 2021)
| 9 | | Sec. 40. Reliance on data. Any health care provider who | 10 | | relies in good faith upon any information provided through the | 11 | | ILHIE in his, her, or its treatment of a patient shall be | 12 | | immune from criminal or civil liability or professional | 13 | | discipline arising from any damages caused by such good faith | 14 | | reliance. This immunity does not apply to acts or omissions | 15 | | constituting gross negligence or reckless, wanton, or |
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| 1 | | intentional misconduct. Notwithstanding this provision, the | 2 | | Authority does not waive any immunities provided under State or | 3 | | federal law.
| 4 | | (Source: P.A. 96-1331, eff. 7-27-10.)"; and | 5 | | on page 3, immediately below line 1, by inserting the | 6 | | following: | 7 | | "Section 7. The Medical Patient Rights Act is amended by | 8 | | changing Section 3 as follows:
| 9 | | (410 ILCS 50/3) (from Ch. 111 1/2, par. 5403)
| 10 | | Sec. 3. The following rights are hereby established:
| 11 | | (a) The right of each patient to care consistent with sound | 12 | | nursing and
medical practices, to be informed of the name of | 13 | | the physician responsible
for coordinating his or her care, to | 14 | | receive information concerning his or
her condition and | 15 | | proposed treatment, to refuse any treatment to the extent
| 16 | | permitted by law, and to privacy and confidentiality of records | 17 | | except as
otherwise provided by law.
| 18 | | (b) The right of each patient, regardless of source of | 19 | | payment, to examine
and receive a reasonable explanation of his | 20 | | total bill for services rendered
by his physician or health | 21 | | care provider, including the itemized charges
for specific | 22 | | services received. Each physician or health care provider
shall | 23 | | be responsible only for a reasonable explanation of those |
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| 1 | | specific
services provided by such physician or health care | 2 | | provider.
| 3 | | (c) In the event an insurance company or health services | 4 | | corporation cancels
or refuses to renew an individual policy or | 5 | | plan, the insured patient shall
be entitled to timely, prior | 6 | | notice of the termination of such policy or plan.
| 7 | | An insurance company or health services corporation that | 8 | | requires any
insured patient or applicant for new or continued | 9 | | insurance or coverage to
be tested for infection with human | 10 | | immunodeficiency virus (HIV) or any
other identified causative | 11 | | agent of acquired immunodeficiency syndrome
(AIDS) shall (1) | 12 | | give the patient or applicant prior written notice of such
| 13 | | requirement, (2) proceed with such testing only upon the | 14 | | written
authorization of the applicant or patient, and (3) keep | 15 | | the results of such
testing confidential. Notice of an adverse | 16 | | underwriting or coverage
decision may be given to any | 17 | | appropriately interested party, but the
insurer may only | 18 | | disclose the test result itself to a physician designated
by | 19 | | the applicant or patient, and any such disclosure shall be in a | 20 | | manner
that assures confidentiality.
| 21 | | The Department of Insurance shall enforce the provisions of | 22 | | this subsection.
| 23 | | (d) The right of each patient to privacy and | 24 | | confidentiality in health
care. Each physician, health care | 25 | | provider, health services corporation and
insurance company | 26 | | shall refrain from disclosing the nature or details of
services |
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| 1 | | provided to patients, except that such information may be | 2 | | disclosed : (1) to the
patient, (2) to the party making | 3 | | treatment decisions if the patient is incapable
of making | 4 | | decisions regarding the health services provided, (3) for those | 5 | | parties
directly involved with providing treatment in | 6 | | accordance with 45 CFR 164.501 and 164.506, (4) for to the | 7 | | patient or processing the
payment in accordance with 45 CFR | 8 | | 164.501 and 164.506, (5) to for that treatment, those parties | 9 | | responsible for peer review,
utilization review , and quality | 10 | | assurance, (6) for health care operations in accordance with 45 | 11 | | CFR 164.501 and 164.506, (7) to and those parties required to
| 12 | | be notified under the Abused and Neglected Child Reporting Act | 13 | | or , the
Illinois Sexually Transmissible Disease Control Act , or | 14 | | (8) as where otherwise permitted,
authorized , or required by | 15 | | State or federal law. This right may be waived in writing by | 16 | | the
patient or the patient's guardian or legal representative , | 17 | | but a physician or other health care
provider may not condition | 18 | | the provision of services on the patient's , or
guardian's , or | 19 | | legal representative's agreement to sign such a waiver. In the | 20 | | interest of public health, safety, and welfare, patient | 21 | | information, including, but not limited to, health | 22 | | information, demographic information, and information about | 23 | | the services provided to patients, may be transmitted to or | 24 | | through a health information exchange, as that term is defined | 25 | | in Section 2 of the Mental Health and Developmental | 26 | | Disabilities Confidentiality Act, in accordance with the |
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| 1 | | disclosures permitted pursuant to this Section. Patients shall | 2 | | be provided the opportunity to opt out of their health | 3 | | information being transmitted to or through a health | 4 | | information exchange in accordance with the regulations, | 5 | | standards, or contractual obligations adopted by the Illinois | 6 | | Health Information Exchange Authority in accordance with | 7 | | Section 9.6 of the Mental Health and Developmental Disabilities | 8 | | Confidentiality Act, Section 9.6 of the AIDS Confidentiality | 9 | | Act, or Section 31.8 of the Genetic Information Privacy Act, as | 10 | | applicable. In the case of a patient choosing to opt out of | 11 | | having his or her information available on an HIE, nothing in | 12 | | this Act shall cause the physician or health care provider to | 13 | | be liable for the release of a patient's health information by | 14 | | other entities that may possess such information, including, | 15 | | but not limited to, other health professionals, providers, | 16 | | laboratories, pharmacies, hospitals, ambulatory surgical | 17 | | centers, and nursing homes.
| 18 | | (Source: P.A. 86-895; 86-902; 86-1028; 87-334.)"; and
| 19 | | on page 9, by replacing line 4 with the following: | 20 | | " (3) where the person providing informed consent is a "; | 21 | | and
| 22 | | on page 9, line 13, after " provider ", by inserting " or health | 23 | | care professional "; and
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| 1 | | on page 13, line 25, after "provider", by inserting " , health | 2 | | care professional, "; and
| 3 | | on page 16, line 14, by replacing " provider; " with " provider or | 4 | | health care professional; "; and
| 5 | | on page 16, line 16, after " provider ", by inserting " or health | 6 | | care professional "; and
| 7 | | on page 17, line 11, by replacing " professionals, " with | 8 | | " professionals or health care providers, "; and | 9 | | on page 44, line 4, by replacing " professionals, " with | 10 | | " professionals or health care providers, "; and
| 11 | | on page 60, immediately below line 18, by inserting the | 12 | | following: | 13 | | "Section 30. The Code of Civil Procedure is amended by | 14 | | changing Section 8-802 as follows:
| 15 | | (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
| 16 | | Sec. 8-802. Physician and patient. No physician or surgeon | 17 | | shall be
permitted to disclose any information he or she may | 18 | | have acquired in
attending any patient in a professional | 19 | | character, necessary to enable him
or her professionally to |
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| 1 | | serve the patient, except only (1) in trials for
homicide when | 2 | | the disclosure relates directly to the fact or immediate
| 3 | | circumstances of the homicide, (2) in actions, civil or | 4 | | criminal, against
the physician for malpractice, (3) with the | 5 | | expressed consent of the
patient, or in case of his or her | 6 | | death or disability, of his or her
personal representative or | 7 | | other person authorized to sue for personal
injury or of the | 8 | | beneficiary of an insurance policy on his or her life,
health, | 9 | | or physical condition, or as authorized by Section 8-2001.5, | 10 | | (4) in all actions brought by or against the
patient, his or | 11 | | her personal representative, a beneficiary under a policy
of | 12 | | insurance, or the executor or administrator of his or her | 13 | | estate wherein
the patient's physical or mental condition is an | 14 | | issue, (5) upon an issue
as to the validity of a document as a | 15 | | will of the patient, (6) in any
criminal action where the | 16 | | charge is either first degree murder by abortion,
attempted | 17 | | abortion or abortion, (7) in actions, civil or criminal, | 18 | | arising
from the filing of a report in compliance with the | 19 | | Abused and Neglected
Child Reporting Act, (8) to any | 20 | | department, agency, institution
or facility which has custody | 21 | | of the patient pursuant to State statute
or any court order of | 22 | | commitment, (9) in prosecutions where written
results of blood | 23 | | alcohol tests are admissible pursuant to Section 11-501.4
of | 24 | | the Illinois Vehicle Code, (10) in prosecutions where written
| 25 | | results of blood alcohol tests are admissible under Section | 26 | | 5-11a of the
Boat Registration and Safety Act,
(11) in criminal |
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| 1 | | actions arising from the filing of a report of suspected
| 2 | | terrorist offense in compliance with Section 29D-10(p)(7) of | 3 | | the Criminal Code
of 2012, or (12) upon the issuance of a | 4 | | subpoena pursuant to Section 38 of the Medical Practice Act of | 5 | | 1987; the issuance of a subpoena pursuant to Section 25.1 of | 6 | | the Illinois Dental Practice Act; the issuance of a subpoena | 7 | | pursuant to Section 22 of the Nursing Home Administrators | 8 | | Licensing and Disciplinary Act; or the issuance of a subpoena | 9 | | pursuant to Section 25.5 of the Workers' Compensation Act , or | 10 | | (13) to or through a health information exchange, as that term | 11 | | is defined in Section 2 of the Mental Health and Developmental | 12 | | Disabilities Confidentiality Act, in accordance with State or | 13 | | federal law .
| 14 | | In the event of a conflict between the application of this | 15 | | Section
and the Mental Health and Developmental Disabilities | 16 | | Confidentiality
Act to a specific situation, the provisions of | 17 | | the Mental Health and
Developmental Disabilities | 18 | | Confidentiality Act shall control.
| 19 | | (Source: P.A. 97-18, eff. 6-28-11; 97-623, eff. 11-23-11; | 20 | | 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)".
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