HB1016ham003 103RD GENERAL ASSEMBLY

Rep. Mary E. Flowers

Filed: 2/27/2023

10300HB1016ham003 LRB103 03564 LNS 58131 a

AMENDMENT TO HOUSE BILL 3

AMENDMENT NO. ______. Amend House Bill 3, AS AMENDED, with reference to page and line numbers of House Amendment No. 2, on page 17, line 10, by replacing "Any" with "Within 150 days of the effective date of this amendatory Act of the 103rd General Assembly, any"; and

by replacing line 24 on page 17 through line 13 on page 22 with the following:

"(410 ILCS 50/3.4 rep.)

Section 25. The Medical Patient Rights Act is amended by repealing Section 3.4."; and

on page 60, line 25, after "eff. 8-20-21.)" by inserting the following:

"Section 50. The Illinois Human Rights Act is amended by adding Section 6-103 as follows:

(775 ILCS 5/6-103 new)

Sec. 6-103. Rights of patients; maternity care; disclosure of medical information.

(a) As used in this Section:

"Maternity care" means the health care provided in relation to pregnancy, labor, and childbirth, and the postpartum period, and includes prenatal care, care during labor and birthing, and postpartum care extending through one-year postpartum. Maternity care shall seek to optimize positive outcomes for the patient, and be provided on the basis of the physical and psychosocial needs of the patient. Notwithstanding any of the above, all care shall be subject to the informed and voluntary consent of the patient, or the patient's legal proxy, when the patient is unable to give consent.

"State" includes any branch, department, agency, instrumentality, and official or other person acting under color of law of this State or a political subdivision of the State, including any unit of local government (including a home rule unit), school district, instrumentality, or public subdivision.

(b) In addition to any other right provided under this Act, every patient has the following rights whenever receiving maternity care:

(1) The right to choose a maternity care provider from the full range of providers available in the patient's community.

(2) The right to choose the patient's birth setting from the full range of birthing options available in the patient's community.

(3) The right to leave the patient's maternity care professional to select another if the patient becomes dissatisfied with the quality of the care provided.

(4) The right to receive information about the names of those health care professionals involved in the patient's care and in the care of the patient's newborn.

(5) The right to privacy and confidentiality of records, except as provided by law.

(6) The right to receive information concerning the patient's condition and proposed treatment, including methods of relieving pain.

(7) The right to refuse any treatment offered to the patient or the patient's infant.

(8) The right to be informed if the patient's caregivers wish to enroll the patient or the patient's infant in a research study.

(9) The right to access the patient's own medical records under Section 8-2001 of the Code of Civil Procedure.

(10) The right to receive information in a language in which the patient can communicate in accordance with federal law.

(11) The right to receive emotional and physical support during labor and birth.

(12) The right to freedom of movement during labor and to give birth in the position of the patient's choice, to the extent medically possible.

(13) The right to contact with the patient's newborn, except where necessary care must be provided to the patient or the patient's infant.

(14) The right to decide, in consultation with their caregivers, when the patient or the patient's newborn will leave the birth site for home, based on their conditions and circumstances.

(c) The Department of Public Health, the Department of Healthcare and Family Services, the Department of Children and Family Services, and the Department of Human Services shall post, either by physical or electronic means, information about these rights on their publicly available websites. Every health care provider, day care center licensed under the Child Care Act of 1969, Head Start, and community center shall post information about these rights in a prominent place and on their websites, if applicable.

(d) The Department of Human Rights shall adopt rules to implement this Section.

(e) Nothing in this Section or any rules adopted under subsection (d) shall be construed to require a physician, health care professional, hospital, hospital affiliate, or health care provider to provide care inconsistent with generally accepted medical standards or available capabilities or resources.

(f) Notwithstanding any other provision of law, and except as otherwise provided in this Section, a patient has the right for a physician, health care provider, health services corporation, or insurance company to administer any of the following medical tests without disclosing the results of the tests to a State or local law enforcement agency or the Department of Children and Family Services:

(1) Any verbal screening or questioning concerning the drug or alcohol use of a pregnant or postpartum person.

(2) Any toxicology test administered to a person who is pregnant or has given birth within the previous 12 weeks.

(3) Any toxicology test administered to a newborn.

A physician, health care provider, health services corporation, or insurance company who administers a medical test described under paragraph (1), (2), or (3), may disclose the results of the test if a law enforcement agency has successfully obtained and furnished a search warrant issued under Section 108-3 of the Code of Criminal Procedure of 1963.

Section 99. Effective date. This Act takes effect upon becoming law.".