Full Text of HB3484 101st General Assembly
HB3484 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3484 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: |
| 410 ILCS 50/3 | from Ch. 111 1/2, par. 5403 |
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Amends the Medical Patient Rights Act. Provides that a patient or representative of the patient must give informed consent, or informed permission in the case of an infant, for biochemical testing for controlled substances unless there is a medical emergency and there is inadequate time to obtain consent. Describes the specific information that health care providers to supply to a patient, or a patient’s representative, before informed consent can be given. Effective immediately.
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| | A BILL FOR |
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| | | HB3484 | | LRB101 08276 RAB 53342 b |
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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 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 sound | 9 | | nursing and
medical practices, to be informed of the name of | 10 | | the physician responsible
for coordinating his or her care, to | 11 | | receive information concerning his or
her condition and | 12 | | proposed treatment, to refuse any treatment to the extent
| 13 | | permitted by law, and to privacy and confidentiality of records | 14 | | except as
otherwise provided by law.
| 15 | | (b) The right of each patient, regardless of source of | 16 | | payment, to examine
and receive a reasonable explanation of his | 17 | | total bill for services rendered
by his physician or health | 18 | | care provider, including the itemized charges
for specific | 19 | | services received. Each physician or health care provider
shall | 20 | | be responsible only for a reasonable explanation of those | 21 | | specific
services provided by such physician or health care | 22 | | provider.
| 23 | | (c) In the event an insurance company or health services |
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| 1 | | corporation cancels
or refuses to renew an individual policy or | 2 | | plan, the insured patient shall
be entitled to timely, prior | 3 | | notice of the termination of such policy or plan.
| 4 | | An insurance company or health services corporation that | 5 | | requires any
insured patient or applicant for new or continued | 6 | | insurance or coverage to
be tested for infection with human | 7 | | immunodeficiency virus (HIV) or any
other identified causative | 8 | | agent of acquired immunodeficiency syndrome
(AIDS) shall (1) | 9 | | give the patient or applicant prior written notice of such
| 10 | | requirement, (2) proceed with such testing only upon the | 11 | | written
authorization of the applicant or patient, and (3) keep | 12 | | the results of such
testing confidential. Notice of an adverse | 13 | | underwriting or coverage
decision may be given to any | 14 | | appropriately interested party, but the
insurer may only | 15 | | disclose the test result itself to a physician designated
by | 16 | | the applicant or patient, and any such disclosure shall be in a | 17 | | manner
that assures confidentiality.
| 18 | | The Department of Insurance shall enforce the provisions of | 19 | | this subsection.
| 20 | | (d) The right of each patient to privacy and | 21 | | confidentiality in health
care. Each physician, health care | 22 | | provider, health services corporation and
insurance company | 23 | | shall refrain from disclosing the nature or details of
services | 24 | | provided to patients, except that such information may be | 25 | | disclosed: (1) to the
patient, (2) to the party making | 26 | | treatment decisions if the patient is incapable
of making |
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| 1 | | decisions regarding the health services provided, (3) for | 2 | | treatment in accordance with 45 CFR 164.501 and 164.506, (4) | 3 | | for
payment in accordance with 45 CFR 164.501 and 164.506, (5) | 4 | | to those parties responsible for peer review,
utilization | 5 | | review, and quality assurance, (6) for health care operations | 6 | | in accordance with 45 CFR 164.501 and 164.506, (7) to those | 7 | | parties required to
be notified under the Abused and Neglected | 8 | | Child Reporting Act or the
Illinois Sexually Transmissible | 9 | | Disease Control Act, or (8) as otherwise permitted,
authorized, | 10 | | or required by State or federal law. This right may be waived | 11 | | in writing by the
patient or the patient's guardian or legal | 12 | | representative, but a physician or other health care
provider | 13 | | may not condition the provision of services on the patient's,
| 14 | | guardian's, or legal representative's agreement to sign such a | 15 | | waiver. In the interest of public health, safety, and welfare, | 16 | | patient information, including, but not limited to, health | 17 | | information, demographic information, and information about | 18 | | the services provided to patients, may be transmitted to or | 19 | | through a health information exchange, as that term is defined | 20 | | in Section 2 of the Mental Health and Developmental | 21 | | Disabilities Confidentiality Act, in accordance with the | 22 | | disclosures permitted pursuant to this Section. Patients shall | 23 | | be provided the opportunity to opt out of their health | 24 | | information being transmitted to or through a health | 25 | | information exchange in accordance with the regulations, | 26 | | standards, or contractual obligations adopted by the Illinois |
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| 1 | | Health Information Exchange Authority in accordance with | 2 | | Section 9.6 of the Mental Health and Developmental Disabilities | 3 | | Confidentiality Act, Section 9.6 of the AIDS Confidentiality | 4 | | Act, or Section 31.8 of the Genetic Information Privacy Act, as | 5 | | applicable. In the case of a patient choosing to opt out of | 6 | | having his or her information available on an HIE, nothing in | 7 | | this Act shall cause the physician or health care provider to | 8 | | be liable for the release of a patient's health information by | 9 | | other entities that may possess such information, including, | 10 | | but not limited to, other health professionals, providers, | 11 | | laboratories, pharmacies, hospitals, ambulatory surgical | 12 | | centers, and nursing homes. | 13 | | (e) With the exception of medical emergencies with | 14 | | inadequate time to obtain consent, the right of each patient, | 15 | | or patient's representative, to specific informed consent, or | 16 | | informed permission in the case of an infant, including the | 17 | | health and legal benefits and risks regarding biochemical | 18 | | testing for controlled substances. Health care providers will | 19 | | provide to patients, or patient's representative, a written | 20 | | description of the foreseeable health and legal risks and | 21 | | benefits of biochemical testing for controlled substances, | 22 | | information about reasonable alternatives, information about | 23 | | how to obtain answers to questions about substance abuse | 24 | | treatment, applicability of Federal Safe Harbor Protections, | 25 | | extent of confidentiality and the voluntariness of agreement to | 26 | | biochemical testing for controlled substances.
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| 1 | | (Source: P.A. 98-1046, eff. 1-1-15 .)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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