Illinois General Assembly - Full Text of HB2847
Illinois General Assembly

Previous General Assemblies

Full Text of HB2847  101st General Assembly


Rep. Deb Conroy

Filed: 4/5/2019





10100HB2847ham002LRB101 08522 SMS 59323 a


2    AMENDMENT NO. ______. Amend House Bill 2847, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 1. This Act may be referred to as the Living Donor
6Protection Act.
7    Section 5. The Organ Donor Leave Act is amended by changing
8Section 20 as follows:
9    (5 ILCS 327/20)
10    Sec. 20. Administration of Act.
11    (a) A participating employee subject to this Act who wishes
12to donate blood, an organ, or bone marrow shall request in
13advance leave under this Act.
14    (b) An employee may use (i) up to 30 days of organ donation
15leave in any 12-month period to serve as a bone marrow donor,



10100HB2847ham002- 2 -LRB101 08522 SMS 59323 a

1(ii) up to 30 days of organ donation leave in any 12-month
2period to serve as an organ donor, (iii) up to one hour to
3donate blood, (iv) up to 1.5 hours to donate double red cells,
4and (v) up to 2 hours to donate blood platelets. The frequency
5of the blood donation times shall be set by rule in accordance
6with appropriate medical standards established by the American
7Red Cross, America's Blood Centers, the American Association of
8Blood Banks, or other nationally-recognized standards.
9    (c) An employee may use organ donation leave or other leave
10authorized in subsection (b) of this Section only after
11obtaining approval from the employee's agency.
12    (d) An employee may not be required to use accumulated sick
13or vacation leave time before being eligible for organ donor
15    (e) The Department must adopt rules governing organ
16donation leave, including rules that (i) establish conditions
17and procedures for requesting and approving leave and (ii)
18require medical documentation of the proposed organ or bone
19marrow donation before leave is approved by the employing
21    (f) An employer shall not retaliate against an employee for
22requesting or obtaining a leave of absence as provided by this
24(Source: P.A. 98-758, eff. 7-16-14.)
25    Section 10. The Illinois Insurance Code is amended by



10100HB2847ham002- 3 -LRB101 08522 SMS 59323 a

1adding Section 155.46 as follows:
2    (215 ILCS 5/155.46 new)
3    Sec. 155.46. Prohibition on denial of coverage or increase
4in premiums for living organ donors.
5    (a) As used in this Section:
6    "Human organ" means all or part of a human's liver,
7pancreas, kidney, intestine, lung, blood, plasma, skin, or bone
9    "Living organ donor" means an individual who has donated
10all or part of a human organ and is not deceased.
11    "Disability insurance policy" means a contract under which
12an entity promises to pay a person a sum of money if an illness
13or injury resulting in a disability prevents that person from
15    "Life insurance policy" means a contract under which an
16entity promises to pay a designated beneficiary a sum of money
17upon the death of the insured.
18    "Long-term care insurance policy" means a contract for
19which the only insurance protection provided under the contract
20is coverage of qualified long-term care services.
21    (b) Notwithstanding any other provision of law, it is
22unlawful to refuse to insure, to refuse to continue to insure,
23to limit the amount, extent, or kind of coverage available for
24life insurance, disability insurance, or long-term care
25insurance to an individual, or to charge an individual a



10100HB2847ham002- 4 -LRB101 08522 SMS 59323 a

1different rate for the same coverage, solely because of the
2individual's status as a living organ donor.
3    (c) With respect to all other conditions, persons who are
4living organ donors shall be subject to the same standards of
5sound actuarial principles or actual or reasonably anticipated
6experience as are persons who are not organ donors.
7    Section 15. The Illinois Anatomical Gift Act is amended by
8changing Section 5-47 as follows:
9    (755 ILCS 50/5-47)
10    Sec. 5-47. Rights and duties of procurement organizations
11and others.
12    (a) When a hospital refers an individual at or near death
13to a procurement organization, the organization shall make a
14reasonable search of the records of the Secretary of State and
15any donor registry that it knows exists for the geographical
16area in which the individual resides to ascertain whether the
17individual has made an anatomical gift.
18    (b) A procurement organization shall be allowed reasonable
19access to information in the records of the Secretary of State
20to ascertain whether an individual at or near death is a donor.
21If the individual is a donor who is an unemancipated minor, the
22procurement organization shall conduct a reasonable search for
23a parent or guardian of the donor and shall provide the parent
24or guardian with an opportunity to amend or revoke the



10100HB2847ham002- 5 -LRB101 08522 SMS 59323 a

1anatomical gift of the donor's body.
2    (c) Unless prohibited by law other than this Act, at any
3time after a donor's death, the person to which a part passes
4under Section 5-12 may conduct any reasonable examination
5necessary to ensure the medical suitability of the body or part
6for its intended purpose.
7    (d) Unless prohibited by law other than this Act, an
8examination under subsection (c) may include an examination of
9all medical and dental records of the donor or prospective
11    (e) Upon referral by a hospital under subsection (a) of
12this Section, a procurement organization shall make a
13reasonable search for any person listed in subsection (b) of
14Section 5-5 having priority to make an anatomical gift on
15behalf of a prospective donor. If a procurement organization
16receives information that an anatomical gift to any other
17person was made, amended, or revoked, it shall promptly advise
18the other person of all relevant information.
19    (f) Subject to subsection (i) of Section 5-12, the rights
20of the person to which a part passes under Section 5-12 are
21superior to the rights of all others with respect to the part.
22The person may accept or reject an anatomical gift in whole or
23in part. Subject to the terms of the document of gift and this
24Act, a person who accepts an anatomical gift of an entire body
25may allow embalming, burial or cremation, and use of remains in
26a funeral service. If the gift is of a part, the person to



10100HB2847ham002- 6 -LRB101 08522 SMS 59323 a

1which the part passes under Section 5-12, upon the death of the
2donor and before embalming, burial, or cremation, shall cause
3the part to be removed without unnecessary mutilation.
4    (g) Neither the physician who attends the decedent at death
5nor the physician who determines the time of the decedent's
6death may participate in the procedures for removing or
7transplanting a part from the decedent.
8    (h) A physician or technician may remove a donated part
9from the body of a donor that the physician or technician is
10qualified to remove.
11    (i) Not later than July 1, 2020, the Secretary of State
12shall create a database consisting of all individuals who have
13consented to having their names included in the First Person
14Consent organ and tissue donor registry maintained by the
15Secretary of State pursuant to Section 6-117 of the Illinois
16Vehicle Code. This database shall include identifying
17information for each individual, including, where available,
18the individual's name, address, gender, date of birth, driver's
19license or identification card number, social security number
20only if the donor does not have a driver's license or
21identification card number, and date of consent to join the
22registry. The Secretary of State shall update the database not
23less often than every 7 days. Upon executing a data access
24agreement with the Secretary of State, an organ procurement
25organization, as defined in this Act, providing services in the
26State of Illinois shall be granted online access to the



10100HB2847ham002- 7 -LRB101 08522 SMS 59323 a

1database for the purpose of determining whether a potential
2organ and tissue donor is included in the First Person Consent
3organ and tissue donor registry.
4    The organ procurement organization shall indemnify and
5hold harmless the State of Illinois, its officials, and
6employees for any judgments, assessments, damages, fines,
7fees, and legal costs arising out of the acts, omissions,
8decisions, or other conduct of the organ procurement
9organization and its officials, employees, and agents in the
10use of the database.
11(Source: P.A. 100-41, eff. 1-1-18.)
12    Section 99. Effective date. This Act takes effect January
131, 2020.".