HB4282 104TH GENERAL ASSEMBLY

LRB104 17129 JRC 30548 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4282

Introduced 1/14/2026, by Rep. Amy Briel

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.1038 new
745 ILCS 70/6.1
745 ILCS 70/12	from Ch. 111 1/2, par. 5312

Amends the State Finance Act to create the Women's Reproductive Health Care Fund. Amends the Health Care Right of Conscience Act. Makes a protocol provision mandatory (instead of at the request of the patient or legal representative of the patient) that the health care facility, physician, or health care personnel must: (i) refer the patient to, or (ii) transfer the patient to, or (iii) provide in writing information to the patient about other health care providers who they reasonably believe may offer the health care service the health care facility, physician, or health personnel refuses to permit, perform, or participate in because of a conscience-based objection. Provides that the injured person shall recover $5,000 in damages, and the violator shall pay to the circuit court clerk a penalty of $5,000 that is to be remitted as soon as practicable to the Department of Healthcare and Family Services for deposit into the Women's Reproductive Health Care Fund, a special fund created in the State treasury. Provides that, subject to appropriation and as directed by the Department of Healthcare and Family Services, all monies in the Fund shall be expended to improve women's reproductive health care and for no other purpose.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The State Finance Act is amended by adding Section 5.1038 as follows:

(30 ILCS 105/5.1038 new)

Sec. 5.1038. The Women's Reproductive Health Care Fund.

Section 10. The Health Care Right of Conscience Act is amended by changing Sections 6.1 and 12 as follows:

(745 ILCS 70/6.1)

Sec. 6.1. Access to care and information protocols. All health care facilities shall adopt written access to care and information protocols that are designed to ensure that conscience-based objections do not cause impairment of patients' health and that explain how conscience-based objections will be addressed in a timely manner to facilitate patient health care services. The protections of Sections 4, 5, 7, 8, 9, 10, and 11 of this Act only apply if conscience-based refusals occur in accordance with these protocols. These protocols must, at a minimum, address the following:

(1) The health care facility, physician, or health care personnel shall inform a patient of the patient's condition, prognosis, legal treatment options, and risks and benefits of the treatment options in a timely manner, consistent with current standards of medical practice or care.

(2) When a health care facility, physician, or health care personnel is unable to permit, perform, or participate in a health care service that is a diagnostic or treatment option requested by a patient because the health care service is contrary to the conscience of the health care facility, physician, or health care personnel, then the patient shall either be provided the requested health care service by others in the facility or be notified that the health care will not be provided and be referred, transferred, or given information in accordance with paragraph (3).

(3) The If requested by the patient or the legal representative of the patient, the health care facility, physician, or health care personnel shall: (i) refer the patient to, or (ii) transfer the patient to, or (iii) provide in writing information to the patient about other health care providers who they reasonably believe may offer the health care service the health care facility, physician, or health personnel refuses to permit, perform, or participate in because of a conscience-based objection.

(4) If requested by the patient or the legal representative of the patient, the health care facility, physician, or health care personnel shall provide copies of medical records to the patient or to another health care professional or health care facility designated by the patient in accordance with Illinois law, without undue delay.

(Source: P.A. 99-690, eff. 1-1-17.)

(745 ILCS 70/12) (from Ch. 111 1/2, par. 5312)

Sec. 12. Actions; damages. Any person, association, corporation, entity or health care facility injured by any public or private person, association, agency, entity or corporation by reason of any action prohibited by this Act may commence a suit therefor, and shall recover threefold the actual damages, including pain and suffering, sustained by such person, association, corporation, entity or health care facility, the costs of the suit and reasonable attorney's fees; but in no case shall recovery be less than $2,500 for each violation in addition to costs of the suit and reasonable attorney's fees. If the injury is caused by a violation of paragraph (3) of Section 6.1, the injured person shall recover $5,000 in damages, and the violator shall pay to the circuit court clerk a penalty of $5,000 that is to be remitted as soon as practicable to the Department of Healthcare and Family Services for deposit into the Women's Reproductive Health Care Fund, a special fund created in the State treasury. Subject to appropriation and as directed by the Department of Healthcare and Family Services, all monies in the Fund are to be expended to improve women's reproductive health care and for no other purpose. These damage remedies shall be cumulative, and not exclusive of other remedies afforded under any other state or federal law.

(Source: P.A. 90-246, eff. 1-1-98.)