HB5506 101ST GENERAL ASSEMBLY

LRB101 18875 CPF 68333 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5506

Introduced , by Rep. Barbara Hernandez

SYNOPSIS AS INTRODUCED:

New Act

Creates the Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act. Requires crisis pregnancy centers to display a specified notice regarding planning services, prenatal care, and abortion. Requires unlicensed covered facilities to provide notice regarding the lack of a medical provider who provides or directly supervises the provision of services. Contains requirements for the notice. Provides a civil penalty of $500 for a first offense and $1,000 for each subsequent offense. Provides that the Act shall not apply to a clinic directly conducted, maintained, or operated by the United States or any of its departments, officers, or agencies. Defines "crisis pregnancy center" and "unlicensed covered facility". Contains other provisions.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act.

Section 5. Definitions. In this Act:

"Crisis pregnancy center" means a health care facility as defined under Section 3 of the Health Care Right of Conscience Act whose primary purpose is providing family planning or pregnancy-related services, and that satisfies 2 or more of the following:

(1) The health care facility offers obstetric ultrasounds, obstetric sonograms, or prenatal care to pregnant women.

(2) The health care facility provides, or offers counseling about, contraception or contraceptive methods.

(3) The health care facility offers pregnancy testing or pregnancy diagnosis.

(4) The health care facility advertises or solicits patrons with offers to provide prenatal sonography, pregnancy tests, or pregnancy options counseling.

(5) The health care facility offers abortion services.

(6) The health care facility has staff or volunteers who collect health information from clients.

"Unlicensed covered facility" means a facility that is not licensed by the State and does not have a licensed medical provider on staff or under contract who provides or directly supervises the provision of all of the services, whose primary purpose is providing pregnancy-related services, and that satisfies 2 or more of the following:

(1) The facility offers obstetric ultrasounds, obstetric sonograms, or prenatal care to pregnant women.

(2) The facility offers pregnancy testing or pregnancy diagnosis.

(3) The facility advertises or solicits patrons with offers to provide prenatal sonography, pregnancy tests, or pregnancy options counseling.

(4) The facility has staff or volunteers who collect health information from clients.

Section 10. Notice.

(a) A crisis pregnancy center shall disseminate to clients on site the following notice in English and in the primary threshold languages for Illinois Medical Assistance beneficiaries as determined by the Department of Healthcare and Family Services for the county in which the crisis pregnancy center is located. The notice shall state:

"Illinois has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care, and abortion for eligible women. To determine whether you qualify, contact the county social services office at [insert the telephone number].".

The information shall be disclosed in one of the following ways:

(1) A public notice posted in a conspicuous place where individuals wait that may be easily read by those seeking services from the crisis pregnancy center. The notice shall be at least 8.5 inches by 11 inches and written in no less than 22-point type.

(2) A printed notice distributed to all clients in no less than 14-point type.

(3) A digital notice distributed to all clients that can be read at the time of check in or arrival, in the same point type as other digital disclosures. A printed notice as described in paragraph (2) shall be available for all clients who cannot or do not wish to receive the information in a digital format.

The notice may be combined with other mandated disclosures.

(b) An unlicensed covered facility shall disseminate to clients on site and in any print and digital advertising materials, including, but not limited to, websites, the following notice in English and in the primary threshold languages for beneficiaries of medical assistance under Article V of the Illinois Public Aid Code as determined by the Department of Healthcare and Family Services for the county in which the unlicensed covered facility is located. The notice shall state:

"This facility is not licensed as a medical facility by the State of Illinois and has no licensed medical provider who provides or directly supervises the provision of services.".

The on site notice shall be a sign at least 8.5 inches by 11 inches and written in no less than 48-point type and shall be posted conspicuously in the entrance of the facility and at least one additional area where clients wait to receive services.

The notice in the advertising material shall be clear and conspicuous. As used in this paragraph, "clear and conspicuous" means: in larger point type than the surrounding text; in contrasting type, font, or color to the surrounding text of the same size; or set off from the surrounding text of the same size by symbols or other marks that call attention to the language.

Section 15. Civil penalties.

(a) A crisis pregnancy center or unlicensed covered facility that fails to comply with the requirements of this Act is liable for a civil penalty of $500 for a first offense and $1,000 for each subsequent offense. The Attorney General or the State's Attorney of the county in which a violation occurred may bring an action to impose a civil penalty under this Section after doing both of the following:

(1) Providing the crisis pregnancy center or unlicensed covered facility with reasonable notice of noncompliance that informs the crisis pregnancy center or unlicensed covered facility that it is subject to a civil penalty if it does not correct the violation within 30 days after the date the notice is sent to the crisis pregnancy center or unlicensed covered facility.

(2) Verifying that the violation was not corrected within the 30-day period described in paragraph (1).

(b) The civil penalty shall be deposited into the General Revenue Fund if the action is brought by the Attorney General. If the action is brought by the State's Attorney of the county in which a violation occurred, the civil penalty shall be paid to the treasurer of the unit of local government in which the judgment is entered.

Section 20. Application. This Act shall not apply to a clinic directly conducted, maintained, or operated by the United States or any of its departments, officers, or agencies.

Section 25. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.