Full Text of HB1431 99th General Assembly
HB1431ham001 99TH GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 3/23/2015
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| 1 | | AMENDMENT TO HOUSE BILL 1431
| 2 | | AMENDMENT NO. ______. Amend House Bill 1431 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The AIDS Confidentiality Act is amended by | 5 | | changing Sections 3 and 4 as follows:
| 6 | | (410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
| 7 | | Sec. 3. Definitions. When used in this Act:
| 8 | | (a) "AIDS" means acquired immunodeficiency syndrome. | 9 | | (b) "Authority" means the Illinois Health Information | 10 | | Exchange Authority established pursuant to the Illinois Health | 11 | | Information Exchange and Technology Act. | 12 | | (c) "Business associate" has the meaning ascribed to it | 13 | | under HIPAA, as specified in 45 CFR 160.103. | 14 | | (d) "Covered entity" has the meaning ascribed to it under | 15 | | HIPAA, as specified in 45 CFR 160.103. | 16 | | (e) "De-identified information" means health information |
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| 1 | | that is not individually identifiable as described under HIPAA, | 2 | | as specified in 45 CFR 164.514(b). | 3 | | (f) "Department" means the Illinois Department of Public | 4 | | Health or its designated agents.
| 5 | | (g) "Disclosure" has the meaning ascribed to it under | 6 | | HIPAA, as specified in 45 CFR 160.103. | 7 | | (h) "Health care operations" has the meaning ascribed to it | 8 | | under HIPAA, as specified in 45 CFR 164.501. | 9 | | (i) "Health care professional" means (i) a licensed | 10 | | physician, (ii) a
physician assistant
to whom the physician | 11 | | assistant's supervising physician has delegated the
provision | 12 | | of AIDS and
HIV-related health services, (iii) an advanced | 13 | | practice registered nurse who
has a written
collaborative | 14 | | agreement with a collaborating physician which authorizes the
| 15 | | provision of AIDS
and HIV-related health services, (iv) an | 16 | | advanced practice nurse or physician assistant who practices in | 17 | | a hospital or ambulatory surgical treatment center and | 18 | | possesses appropriate clinical privileges, (v) a licensed | 19 | | dentist, (vi) (v) a licensed podiatric physician, or (vii) (vi) | 20 | | an
individual certified to provide HIV testing and counseling | 21 | | by a state or local
public health
department. | 22 | | (j) "Health care provider" has the meaning ascribed to it | 23 | | under HIPAA, as specified in 45 CFR 160.103.
| 24 | | (k) "Health facility" means a hospital, nursing home, blood | 25 | | bank, blood
center, sperm bank, or other health care | 26 | | institution, including any "health
facility" as that term is |
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| 1 | | defined in the Illinois Finance Authority
Act.
| 2 | | (l) "Health information exchange" or "HIE" means a health | 3 | | information exchange or health information organization that | 4 | | oversees and governs the electronic exchange of health | 5 | | information that (i) is established pursuant to the Illinois | 6 | | Health Information Exchange and Technology Act, or any | 7 | | subsequent amendments thereto, and any administrative rules | 8 | | adopted thereunder; (ii) has established a data sharing | 9 | | arrangement with the Authority; or (iii) as of August 16, 2013, | 10 | | was designated by the Authority Board as a member of, or was | 11 | | represented on, the Authority Board's Regional Health | 12 | | Information Exchange Workgroup; provided that such designation
| 13 | | shall not require the establishment of a data sharing | 14 | | arrangement or other participation with the Illinois Health
| 15 | | Information Exchange or the payment of any fee. In certain | 16 | | circumstances, in accordance with HIPAA, an HIE will be a | 17 | | business associate. | 18 | | (m) "Health oversight agency" has the meaning ascribed to | 19 | | it under HIPAA, as specified in 45 CFR 164.501. | 20 | | (n) "HIPAA" means the Health Insurance Portability and | 21 | | Accountability Act of 1996, Public Law 104-191, as amended by | 22 | | the Health Information Technology for Economic and Clinical | 23 | | Health Act of 2009, Public Law 111-05, and any subsequent | 24 | | amendments thereto and any regulations promulgated thereunder. | 25 | | (o) "HIV" means the human immunodeficiency virus. | 26 | | (p) "HIV-related information" means the identity of a |
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| 1 | | person upon whom an HIV test is performed, the results of an | 2 | | HIV test, as well as diagnosis, treatment, and prescription | 3 | | information that reveals a patient is HIV-positive, including | 4 | | such information contained in a limited data set. "HIV-related | 5 | | information" does not include information that has been | 6 | | de-identified in accordance with HIPAA. | 7 | | (q) "Informed consent" means : | 8 | | (1) a process by which an individual or their legal | 9 | | representative receives pre-test information, has an | 10 | | opportunity to ask questions, and consents verbally or in | 11 | | writing to the test; or | 12 | | (2) where a health facility has implemented opt-out | 13 | | testing, the individual or their legal representative has | 14 | | received pre-test information and been given the | 15 | | opportunity to ask questions and the opportunity to decline | 16 | | testing, and has not declined testing. a written or verbal
| 17 | | agreement by the subject of a test or the subject's
legally | 18 | | authorized representative without undue inducement or any | 19 | | element
of force, fraud, deceit, duress, or other form of | 20 | | constraint or coercion,
which entails at least the | 21 | | following pre-test information: | 22 | | (1) a fair explanation of the test, including its | 23 | | purpose, potential
uses, limitations, and the meaning of | 24 | | its results; | 25 | | (2) a fair explanation of the procedures to be | 26 | | followed, including the
voluntary nature of the test, the |
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| 1 | | right to withdraw consent to the testing
process at any | 2 | | time, the right to anonymity to the extent provided by law
| 3 | | with respect to participation in the test and disclosure of | 4 | | test results,
and the right to confidential treatment of
| 5 | | information identifying the subject of the test and the | 6 | | results of the
test, to the extent provided by law; and | 7 | | In addition, (3) where the person providing informed | 8 | | consent is a participant in an HIE, informed consent requires a | 9 | | fair explanation that the results of the patient's HIV test | 10 | | will be accessible through an HIE and meaningful disclosure of | 11 | | the patient's opt-out right under Section 9.6 of this Act. | 12 | | Consent must occur without undue inducement or any element | 13 | | of force, fraud, deceit, duress, or other form of constraint or | 14 | | coercion. | 15 | | A Pre-test information may be provided in writing, | 16 | | verbally, or by video, electronic, or other means. The subject | 17 | | must be offered an opportunity to ask questions about the HIV | 18 | | test and decline testing. Nothing in this Act shall prohibit a | 19 | | health care provider , or health care professional , or health | 20 | | facility may combine from combining a form used to obtain | 21 | | informed consent for HIV testing with forms used to obtain | 22 | | written consent for general medical care or any other medical | 23 | | test or procedure provided that the forms make it clear that | 24 | | the subject may consent to general medical care, tests, or | 25 | | medical procedures without being required to consent to HIV | 26 | | testing and clearly explain how the subject may opt out of HIV |
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| 1 | | testing. Health facility clerical staff responsible for the | 2 | | consent form for general medical care may obtain consent for | 3 | | HIV testing through a general consent form. | 4 | | (r) "Limited data set" has the meaning ascribed to it under | 5 | | HIPAA, as described in 45 CFR 164.514(e)(2). | 6 | | (s) "Minimum necessary" means the HIPAA standard for using, | 7 | | disclosing, and requesting protected health information found | 8 | | in 45 CFR 164.502(b) and 164.514(d). | 9 | | (t) "Organized health care arrangement" has the meaning | 10 | | ascribed to it under HIPAA, as specified in 45 CFR 160.103. | 11 | | (u) "Patient safety activities" has the meaning ascribed to | 12 | | it under 42 CFR 3.20. | 13 | | (v) "Payment" has the meaning ascribed to it under HIPAA, | 14 | | as specified in 45 CFR 164.501. | 15 | | (w) "Person" includes any natural person, partnership, | 16 | | association, joint venture, trust, governmental entity, public | 17 | | or private corporation, health facility, or other legal entity. | 18 | | (w-5) "Pre-test information" means: | 19 | | (1) a reasonable explanation of the test, including its | 20 | | purpose, potential uses, limitations, and the meaning of | 21 | | its results; and | 22 | | (2) a reasonable explanation of the procedures to be | 23 | | followed, including the voluntary nature of the test, the | 24 | | availability of an appropriate person to answer questions, | 25 | | the right to withdraw consent to the testing process at any | 26 | | time, the right to anonymity to the extent provided by law |
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| 1 | | with respect to participation in the test and disclosure of | 2 | | test results, and the right to confidential treatment of | 3 | | information identifying the subject of the test and the | 4 | | results of the test, to the extent provided by law. | 5 | | The pre-test information required as part of the informed | 6 | | consent may be provided in writing, verbally, or by video, | 7 | | electronic, or other means and may be provided as designated by | 8 | | the supervising health care professional or the health | 9 | | facility. For the purposes of this definition and Section 5 of | 10 | | this Act, an appropriate person to answer questions is someone | 11 | | determined to be sufficiently knowledgeable in the | 12 | | professional judgment of a supervising health care | 13 | | professional or as designated by a health facility. | 14 | | (x) "Protected health information" has the meaning | 15 | | ascribed to it under HIPAA, as specified in 45 CFR 160.103. | 16 | | (y) "Research" has the meaning ascribed to it under HIPAA, | 17 | | as specified in 45 CFR 164.501. | 18 | | (z) "State agency" means an instrumentality of the State of | 19 | | Illinois and any instrumentality of another state that, | 20 | | pursuant to applicable law or a written undertaking with an | 21 | | instrumentality of the State of Illinois, is bound to protect | 22 | | the privacy of HIV-related information of Illinois persons.
| 23 | | (aa) "Test" or "HIV test" means a test to determine the | 24 | | presence of the
antibody or antigen to HIV, or of HIV | 25 | | infection.
| 26 | | (bb) "Treatment" has the meaning ascribed to it under |
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| 1 | | HIPAA, as specified in 45 CFR 164.501. | 2 | | (cc) "Use" has the meaning ascribed to it under HIPAA, as | 3 | | specified in 45 CFR 160.103, where context dictates.
| 4 | | (Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15 .)
| 5 | | (410 ILCS 305/4) (from Ch. 111 1/2, par. 7304)
| 6 | | Sec. 4. Informed consent. No person may order an HIV test | 7 | | without first receiving
the documented informed consent
of the | 8 | | subject of the test or the subject's legally authorized
| 9 | | representative. A health care facility or provider may provide | 10 | | offer opt-out HIV testing where the subject or the subject's | 11 | | legally authorized representative is informed that the subject | 12 | | may will be tested for HIV unless he or she refuses. The | 13 | | subject's or the subject's legally authorized representative's | 14 | | verbal or written consent, or declination of opt-out HIV | 15 | | testing, must be documented by the health facility or provider | 16 | | in the general consent for medical care, a separate consent | 17 | | form, or elsewhere in the medical record. The health care | 18 | | facility or provider must document the provision of informed | 19 | | consent, including pre-test information, and whether the | 20 | | subject or the subject's legally authorized representative | 21 | | declined the offer of HIV testing.
| 22 | | (Source: P.A. 95-7, eff. 6-1-08 .)
| 23 | | (410 ILCS 305/5 rep.) | 24 | | Section 10. The AIDS Confidentiality Act is amended by |
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| 1 | | repealing Section 5.".
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