Full Text of HB1021 103rd General Assembly
HB1021 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1021 Introduced 1/12/2023, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| 410 ILCS 50/3 | from Ch. 111 1/2, par. 5403 |
|
Amends the Medical Patient Rights Act. Provides that each patient has the right to receive care from a medical professional who is culturally sensitive to the patient's life experience.
|
| |
| | A BILL FOR |
|
| | | HB1021 | | LRB103 04883 CPF 49893 b |
|
| 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 5. The Medical Patient Rights Act is amended by | 5 | | changing Section 3 as follows:
| 6 | | (410 ILCS 50/3) (from Ch. 111 1/2, par. 5403)
| 7 | | Sec. 3. The following rights are hereby established:
| 8 | | (a) The right of each patient to care consistent with | 9 | | sound nursing and
medical practices, to be informed of the | 10 | | name of the physician responsible
for coordinating his or | 11 | | her care, to receive information concerning his or
her | 12 | | condition and proposed treatment, to refuse any treatment | 13 | | to the extent
permitted by law, and to privacy and | 14 | | confidentiality of records except as
otherwise provided by | 15 | | law.
| 16 | | (b) The right of each patient, regardless of source of | 17 | | payment, to examine
and receive a reasonable explanation | 18 | | of his total bill for services rendered
by his physician | 19 | | or health care provider, including the itemized charges
| 20 | | for specific services received. Each physician or health | 21 | | care provider
shall be responsible only for a reasonable | 22 | | explanation of those specific
services provided by such | 23 | | physician or health care provider.
|
| | | HB1021 | - 2 - | LRB103 04883 CPF 49893 b |
|
| 1 | | (c) In the event an insurance company or health | 2 | | services corporation cancels
or refuses to renew an | 3 | | individual policy or plan, the insured patient shall
be | 4 | | entitled to timely, prior notice of the termination of | 5 | | such policy or plan.
| 6 | | An insurance company or health services corporation | 7 | | that requires any
insured patient or applicant for new or | 8 | | continued insurance or coverage to
be tested for infection | 9 | | with human immunodeficiency virus (HIV) or any
other | 10 | | identified causative agent of acquired immunodeficiency | 11 | | syndrome
(AIDS) shall (1) give the patient or applicant | 12 | | prior written notice of such
requirement, (2) proceed with | 13 | | such testing only upon the written
authorization of the | 14 | | applicant or patient, and (3) keep the results of such
| 15 | | testing confidential. Notice of an adverse underwriting or | 16 | | coverage
decision may be given to any appropriately | 17 | | interested party, but the
insurer may only disclose the | 18 | | test result itself to a physician designated
by the | 19 | | applicant or patient, and any such disclosure shall be in | 20 | | a manner
that assures confidentiality.
| 21 | | The Department of Insurance shall enforce the | 22 | | provisions of this subsection.
| 23 | | (d) The right of each patient to privacy and | 24 | | confidentiality in health
care. Each physician, health | 25 | | care provider, health services corporation and
insurance | 26 | | company shall refrain from disclosing the nature or |
| | | HB1021 | - 3 - | LRB103 04883 CPF 49893 b |
|
| 1 | | details of
services provided to patients, except that such | 2 | | information may be disclosed: (1) to the
patient, (2) to | 3 | | the party making treatment decisions if the patient is | 4 | | incapable
of making decisions regarding the health | 5 | | services provided, (3) for treatment in accordance with 45 | 6 | | CFR 164.501 and 164.506, (4) for
payment in accordance | 7 | | with 45 CFR 164.501 and 164.506, (5) to those parties | 8 | | responsible for peer review,
utilization review, and | 9 | | quality assurance, (6) for health care operations in | 10 | | accordance with 45 CFR 164.501 and 164.506, (7) to those | 11 | | parties required to
be notified under the Abused and | 12 | | Neglected Child Reporting Act or the
Illinois Sexually | 13 | | Transmissible Disease Control Act, or (8) as otherwise | 14 | | permitted,
authorized, or required by State or federal | 15 | | law. This right may be waived in writing by the
patient or | 16 | | the patient's guardian or legal representative, but a | 17 | | physician or other health care
provider may not condition | 18 | | the provision of services on the patient's,
guardian's, or | 19 | | legal representative's agreement to sign such a waiver. In | 20 | | the interest of public health, safety, and welfare, | 21 | | patient information, including, but not limited to, health | 22 | | information, demographic information, and information | 23 | | about the services provided to patients, may be | 24 | | transmitted to or through a health information exchange, | 25 | | as that term is defined in Section 2 of the Mental Health | 26 | | and Developmental Disabilities Confidentiality Act, in |
| | | HB1021 | - 4 - | LRB103 04883 CPF 49893 b |
|
| 1 | | accordance with the disclosures permitted pursuant to this | 2 | | Section. Patients shall be provided the opportunity to opt | 3 | | out of their health information being transmitted to or | 4 | | through a health information exchange in accordance with | 5 | | the regulations, standards, or contractual obligations | 6 | | adopted by the Illinois Health Information Exchange Office | 7 | | in accordance with Section 9.6 of the Mental Health and | 8 | | Developmental Disabilities Confidentiality Act, Section | 9 | | 9.6 of the AIDS Confidentiality Act, or Section 31.8 of | 10 | | the Genetic Information Privacy Act, as applicable. In the | 11 | | case of a patient choosing to opt out of having his or her | 12 | | information available on an HIE, nothing in this Act shall | 13 | | cause the physician or health care provider to be liable | 14 | | for the release of a patient's health information by other | 15 | | entities that may possess such information, including, but | 16 | | not limited to, other health professionals, providers, | 17 | | laboratories, pharmacies, hospitals, ambulatory surgical | 18 | | centers, and nursing homes.
| 19 | | (e) The right of each patient to receive care from a | 20 | | medical professional who is culturally sensitive to the | 21 | | patient's life experience. | 22 | | (Source: P.A. 101-649, eff. 7-7-20.)
|
|