HB1286eng 95TH GENERAL ASSEMBLY

HB1286 Engrossed LRB095 07327 MJR 27468 b

AN ACT concerning health.

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

Section 5. The Civil Administrative Code of Illinois is amended by adding Section 2310-317 as follows:

(20 ILCS 2310/2310-317 new)

Sec. 2310-317. Program to diagnose and link to care individuals who are undiagnosed with HIV.

(a) The Department shall develop a program to identify in health care facilities individuals who are infected with HIV but unaware of their infection. The program shall promote early diagnosis of HIV infection to engage individuals in medical treatment. Individuals shall also be informed of the need for treatment for HIV and offered referrals to medical care for their HIV infection. The program shall aim to reduce stigma related to HIV testing and ethnic and racial disparities in the diagnosis of HIV.

(b) The Department shall target activities under this Section towards increasing voluntary HIV testing in health care facilities such as hospitals, federally qualified health centers, or clinics operated by a unit of local or county government or a local health department. Health facilities targeted shall serve populations at high risk for HIV as determined by the Department based on such factors as HIV and AIDS epidemiological data and rates of uninsurance. Activities shall target geographic areas with concentrations of individuals living with known HIV infection as determined by the Department based on statewide HIV and AIDS epidemiological data.

(c) The Department shall make grants to expand voluntary HIV testing in health facilities described in subsection (b) of this Section. Grants may be used for the following purposes: rapid HIV test kits, other HIV testing diagnostics, clinical and social service staff necessary to conduct testing, administration, evaluation, training, material development, and other activities related to the expansion of voluntary HIV testing in health care facilities.

(d) The Department shall provide training and technical assistance to health care facilities described in subsection (b) of this Section that is available to all health care facilities and health care providers. The goals of the activities shall be to; (i) increase the number of people offered testing in health care facilities; (ii) increase the number of cases of HIV diagnosed in health care facilities; and (iii) increase the number of HIV-positive people linked to medical care and other appropriate services for treatment of their HIV infection. Activities shall include but are not limited to:

(1) developing training for health care providers, including health care providers who offer primary medical care for adolescents and adults;

(2) providing technical assistance for health care facilities, including developing procedures for referring HIV positive individuals to medical care and social services related to their HIV diagnosis;

(3) developing and disseminating written, video, electronic, and other materials containing information required when conducting HIV testing as described in the AIDS Confidentiality Act;

(4) developing and disseminating model HIV testing consent forms that contain a written consent for general medical treatment and a written informed consent for HIV testing;

(5) developing and disseminating materials including model scripts that health care providers may use to conduct HIV testing and deliver test results, including brief HIV prevention information for HIV-negative individuals; and

(6) research to evaluate the effectiveness of such grants in identifying individuals with undiagnosed HIV infection.

The Department shall collaborate with organizations representing health care facilities and health care providers to develop the program and disseminate information about effective programs to identify individuals with undiagnosed HIV infection. All materials developed under this Section shall be culturally appropriate to the ethnic and racial groups targeted for HIV testing and available in the 3 languages most commonly spoken in this State and alternative formats for individuals with disabilities.

(e) Implementation of this Section is subject to appropriation.

Section 10. The AIDS Confidentiality Act is amended by changing Section 3 and by adding Section 9.5 as follows:

(410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)

Sec. 3. When used in this Act:

(a) "Department" means the Illinois Department of Public Health.

(b) "AIDS" means acquired immunodeficiency syndrome.

(c) "HIV" means the Human Immunodeficiency Virus or any other identified causative agent of AIDS.

(d) "Written informed consent" means an agreement in writing executed by the subject of a test or the subject's legally authorized representative without undue inducement or any element of force, fraud, deceit, duress or other form of constraint or coercion, which entails at least the following:

(1) a fair explanation of the test, including its purpose, potential uses, limitations and the meaning of its results; and

(2) a fair explanation of the procedures to be followed, including the voluntary nature of the test, the right to withdraw consent to the testing process at any time, the right to anonymity to the extent provided by law with respect to participation in the test and disclosure of test results, and the right to confidential treatment of information identifying the subject of the test and the results of the test, to the extent provided by law.

Information may be provided in writing, verbally, or by video, electronic, or other means that is easily understandable by the subject. The subject must be offered an opportunity to ask questions about the HIV test and decline testing. Nothing in this Act shall prohibit a health care provider from combining the form used to obtain written informed consent for HIV testing with forms used to obtain written consent for general medical care or any other medical test or procedure provided that the forms make it clear that the subject may consent to general medical care, test, or medical procedure without being required to consent to HIV testing.

(e) "Health facility" means a hospital, nursing home, blood bank, blood center, sperm bank, or other health care institution, including any "health facility" as that term is defined in the Illinois Finance Authority Act.

(f) "Health care provider" means any health care professional, nurse, paramedic, psychologist or other person providing medical, nursing, psychological, or other health care services of any kind.

(f-5) "Health care professional" means (i) a licensed physician, (ii) a physician assistant to whom the physician assistant's supervising physician has delegated the provision of AIDS and HIV-related health services, (iii) an advanced practice registered nurse who has a written collaborative agreement with a collaborating physician which authorizes the provision of AIDS and HIV-related health services, (iv) a licensed dentist, (v) a licensed podiatrist, or (vi) an individual certified to provide HIV testing and counseling by a state or local public health department.

(g) "Test" or "HIV test" means a test to determine the presence of the antibody or antigen to HIV, or of HIV infection.

(h) "Person" includes any natural person, partnership, association, joint venture, trust, governmental entity, public or private corporation, health facility or other legal entity.

(Source: P.A. 93-205, eff. 1-1-04; 93-482, eff. 8-8-03; revised 9-12-03.)

(410 ILCS 305/9.5 new)

Sec. 9.5. Delivery of test results.

(a) The subject of the test or the subject's legally authorized representative may be notified of the results of a negative HIV test in writing, by telephone, or by any other means that maintains the confidentiality of the test result as set forth in Section 9 of this Act.

(b) The subject of the test or the subject's legally authorized representative shall be notified by personal contact whenever possible of the indeterminate result of an HIV test and the need for repeat testing.

If the subject is known to be at high risk of HIV infection and the subject has negative or indeterminate test results, the subject or the subject's legally authorized representative shall be advised of the need for repeat testing and offered counseling to prevent HIV infection or offered a referral to counseling to prevent HIV infection.

(c) The subject of the test or the subject's legally authorized representative shall be notified by personal contact whenever possible of the positive or preliminary positive result of an HIV test. When the subject or the subject's legally authorized representative is notified of a positive or preliminary positive test result, the health care provider or professional shall provide the subject or the subject's legally authorized representative with a referral to counseling in connection with the positive or preliminary positive test result and a referral to an appropriate medical facility for the treatment and management of HIV.

(d) A health care provider shall not be in violation of this Section when an attempt to contact the test subject or the subject's legally authorized representative at the address or telephone number provided by the test subject or the test subject's legally authorized representative does not result in contact and notification or where an attempt to deliver results by person contact has not been successful.

(e) The Department of Public Health may exempt from this Section alternative blood test services provided for under Section 2310-315 of the Civil Administrative Code of Illinois.

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