Full Text of HB5506 101st General Assembly
HB5506 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5506 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: |
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Creates the Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act. Requires crisis pregnancy centers to display a specified notice regarding planning services, prenatal care, and abortion. Requires unlicensed covered facilities to provide notice regarding the lack of a medical provider who provides or directly supervises the provision of services. Contains requirements for the notice. Provides a civil penalty of $500 for a first offense and $1,000 for each subsequent offense. Provides that the Act shall not apply to a clinic directly conducted, maintained, or operated by the United States or any of its departments, officers, or agencies. Defines "crisis pregnancy center" and "unlicensed covered facility". Contains other provisions.
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| | | FISCAL NOTE ACT MAY APPLY | |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Reproductive FACT (Freedom, Accountability, Comprehensive | 6 | | Care, and Transparency) Act. | 7 | | Section 5. Definitions. In this Act: | 8 | | "Crisis pregnancy center" means a health care facility as | 9 | | defined under Section 3 of the Health Care Right of Conscience | 10 | | Act whose primary purpose is providing family planning or | 11 | | pregnancy-related services, and that satisfies 2 or more of the | 12 | | following: | 13 | | (1) The health care facility offers obstetric | 14 | | ultrasounds, obstetric sonograms, or prenatal care to | 15 | | pregnant women. | 16 | | (2) The health care facility provides, or offers | 17 | | counseling about, contraception or contraceptive methods. | 18 | | (3) The health care facility offers pregnancy testing | 19 | | or pregnancy diagnosis. | 20 | | (4) The health care facility advertises or solicits | 21 | | patrons with offers to provide prenatal sonography, | 22 | | pregnancy tests, or pregnancy options counseling. | 23 | | (5) The health care facility offers abortion services. |
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| 1 | | (6) The health care facility has staff or volunteers | 2 | | who collect health information from clients. | 3 | | "Unlicensed covered facility" means a facility that is not | 4 | | licensed by the State and does not have a licensed medical | 5 | | provider on staff or under contract who provides or directly | 6 | | supervises the provision of all of the services, whose primary | 7 | | purpose is providing pregnancy-related services, and that | 8 | | satisfies 2 or more of the following: | 9 | | (1) The facility offers obstetric ultrasounds, | 10 | | obstetric sonograms, or prenatal care to pregnant women. | 11 | | (2) The facility offers pregnancy testing or pregnancy | 12 | | diagnosis. | 13 | | (3) The facility advertises or solicits patrons with | 14 | | offers to provide prenatal sonography, pregnancy tests, or | 15 | | pregnancy options counseling. | 16 | | (4) The facility has staff or volunteers who collect | 17 | | health information from clients.
| 18 | | Section 10. Notice.
| 19 | | (a) A crisis pregnancy center shall disseminate to clients | 20 | | on site the following notice in English and in the primary | 21 | | threshold languages for Illinois Medical Assistance | 22 | | beneficiaries as determined by the Department of Healthcare and | 23 | | Family Services for the county in which the crisis pregnancy | 24 | | center is located. The notice shall state: | 25 | | "Illinois has public programs that provide immediate |
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| 1 | | free or low-cost access to comprehensive family planning | 2 | | services (including all FDA-approved methods of | 3 | | contraception), prenatal care, and abortion for eligible | 4 | | women. To determine whether you qualify, contact the county | 5 | | social services office at [insert the telephone number].".
| 6 | | The information shall be disclosed in one of the following | 7 | | ways: | 8 | | (1) A public notice posted in a conspicuous place where | 9 | | individuals wait that may be easily read by those seeking | 10 | | services from the crisis pregnancy center. The notice shall | 11 | | be at least 8.5 inches by 11 inches and written in no less | 12 | | than 22-point type. | 13 | | (2) A printed notice distributed to all clients in no | 14 | | less than 14-point type. | 15 | | (3) A digital notice distributed to all clients that | 16 | | can be read at the time of check in or arrival, in the same | 17 | | point type as other digital disclosures. A printed notice | 18 | | as described in paragraph (2) shall be available for all | 19 | | clients who cannot or do not wish to receive the | 20 | | information in a digital format.
| 21 | | The notice may be combined with other mandated disclosures. | 22 | | (b) An unlicensed covered facility shall disseminate to | 23 | | clients on site and in any print and digital advertising | 24 | | materials, including, but not limited to, websites, the | 25 | | following notice in English and in the primary threshold | 26 | | languages for beneficiaries of medical assistance under |
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| 1 | | Article V of the Illinois Public Aid Code as determined by the | 2 | | Department of Healthcare and Family Services for the county in | 3 | | which the unlicensed covered facility is located. The notice | 4 | | shall state: | 5 | | "This facility is not licensed as a medical facility by | 6 | | the State of Illinois and has no licensed medical provider | 7 | | who provides or directly supervises the provision of | 8 | | services.". | 9 | | The on site notice shall be a sign at least 8.5 inches by | 10 | | 11 inches and written in no less than 48-point type and shall | 11 | | be posted conspicuously in the entrance of the facility and at | 12 | | least one additional area where clients wait to receive | 13 | | services. | 14 | | The notice in the advertising material shall be clear and | 15 | | conspicuous. As used in this paragraph, "clear and conspicuous" | 16 | | means: in larger point type than the surrounding text; in | 17 | | contrasting type, font, or color to the surrounding text of the | 18 | | same size; or set off from the surrounding text of the same | 19 | | size by symbols or other marks that call attention to the | 20 | | language.
| 21 | | Section 15. Civil penalties.
| 22 | | (a) A crisis pregnancy center or unlicensed covered | 23 | | facility that fails to comply with the requirements of this Act | 24 | | is liable for a civil penalty of $500 for a first offense and | 25 | | $1,000 for each subsequent offense. The Attorney General or the |
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| 1 | | State's Attorney of the county in which a violation occurred | 2 | | may bring an action to impose a civil penalty under this | 3 | | Section after doing both of the following: | 4 | | (1) Providing the crisis pregnancy center or | 5 | | unlicensed covered facility with reasonable notice of | 6 | | noncompliance that informs the crisis pregnancy center or | 7 | | unlicensed covered facility that it is subject to a civil | 8 | | penalty if it does not correct the violation within 30 days | 9 | | after the date the notice is sent to the crisis pregnancy | 10 | | center or unlicensed covered facility. | 11 | | (2) Verifying that the violation was not corrected | 12 | | within the 30-day period described in paragraph (1). | 13 | | (b) The civil penalty shall be deposited into the General | 14 | | Revenue Fund if the action is brought by the Attorney General. | 15 | | If the action is brought by the State's Attorney of the county | 16 | | in which a violation occurred, the civil penalty shall be paid | 17 | | to the treasurer of the unit of local government in which the | 18 | | judgment is entered.
| 19 | | Section 20. Application. This Act shall not apply to a | 20 | | clinic directly conducted, maintained, or operated by the | 21 | | United States or any of its departments, officers, or agencies.
| 22 | | Section 25. Severability. The provisions of this Act are | 23 | | severable under Section 1.31 of the Statute on Statutes.
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