HB3623eng 99TH GENERAL ASSEMBLY

HB3623 Engrossed LRB099 07222 JLK 27319 b

AN ACT concerning health.

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

Section 5. The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois is amended by adding Section 2310-376.5 as follows:

(20 ILCS 2310/2310-376.5 new)

Sec. 2310-376.5. Hepatitis C testing programs; training of counselors.

(a) Subject to appropriation, the Department shall:

(1) establish a program to heighten awareness and enhance knowledge and understanding of hepatitis C, including activities to promote public awareness of risk factors, the value of early detection, available screening services, and available treatment options for hepatitis C;

(2) conduct a study examining both the current and future statuses of the disease in the State;

(3) communicate to health care providers and employers the benefits of disease awareness and prevention; and

(4) develop a prevention program to reduce the risk of transmission of hepatitis C.

(b) In addition to the requirements of subsection (a) of this Section, the Department shall also, subject to appropriation, establish voluntary hepatitis C testing programs that provide confidential counseling and testing at facilities that provide voluntary HIV testing. The Department may contract with public and private entities to perform the testing.

(c) Any test results obtained under subsection (b) of this Section shall not be used for insurance purposes, to screen or determine suitability for employment, or to terminate a person's employment.

(d) A person who violates subsection (c) of this Section is liable to the person injured by the violation, who may bring a civil action for damages and recover from the violator the greater of $1000 or actual damages, and reasonable attorney's fees for each violation. A person may, in addition, bring an action to restrain a violation or threatened violation of subsection (c).

(e) The Department shall also, subject to appropriation, develop and offer a hepatitis C counseling training course that includes information relating to the special needs of persons with positive hepatitis C test results, including the importance of early intervention and treatment and recognition of psychosocial needs. The Department may impose a fee for the course to persons other than employees of entities receiving State or federal funds for hepatitis C counseling and testing program through a contract with the Department. The Department shall maintain a registry of persons who successfully complete the training course.

(f) The Department may adopt any rules necessary to implement the requirements of this Section.

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