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92_SB1878
LRB9215923DJgc
1 AN ACT in relation to health.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Hospital Licensing Act is amended by
5 adding Section 6.21 as follows:
6 (210 ILCS 85/6.21 new)
7 Sec. 6.21. Patient's informed consent.
8 (a) In this Section, "health services corporation" has
9 the same meaning as in the Medical Patient Rights Act.
10 (b) Every hospital must develop a procedure to obtain a
11 patient's informed consent, in a non-emergent situation, to
12 any services or procedures to be performed in the hospital by
13 a physician who is neither (i) included in a contract between
14 the hospital and a health services corporation or insurance
15 company nor (ii) otherwise participating in the patient's
16 health services corporation or insurance company plan. To be
17 "informed" for purposes of this Section, a patient's consent
18 must be based on all of the following, which must be provided
19 by the hospital to the patient:
20 (1) An explanation of the itemized services to be
21 rendered.
22 (2) An itemized explanation of the estimated
23 charges for the services to be rendered.
24 (3) An explanation of the patient's responsibility
25 for any charges.
26 (c) This Section applies only when there is a contract
27 in force between a hospital and a health services corporation
28 or insurance company.
29 (d) The Department shall enforce the provisions of this
30 Section. The Department shall adopt rules to establish the
31 following:
-2- LRB9215923DJgc
1 (1) A process by which patients may file complaints
2 with the Department alleging a violation of this Section.
3 (2) A process for the investigation of complaints
4 filed under item (1).
5 (3) A hearing process to determine whether a
6 complaint filed under item (1) has merit.
7 (4) Appropriate fines and penalties to be imposed
8 if the Department determines that a violation of this
9 Section has occurred.
10 Section 10. The Medical Patient Rights Act is amended by
11 adding Section 7 as follows:
12 (410 ILCS 50/7 new)
13 Sec. 6.20. Patient's informed consent.
14 (a) Every hospital must develop a procedure to obtain a
15 patient's informed consent, in a non-emergent situation, to
16 any services or procedures to be performed in the hospital by
17 a physician who is neither (i) included in a contract between
18 the hospital and a health services corporation or insurance
19 company nor (ii) otherwise participating in the patient's
20 health services corporation or insurance company plan. To be
21 "informed" for purposes of this Section, a patient's consent
22 must be based on all of the following, which must be provided
23 by the hospital to the patient:
24 (1) An explanation of the itemized services to be
25 rendered.
26 (2) An itemized explanation of the estimated
27 charges for the services to be rendered.
28 (3) An explanation of the patient's responsibility
29 for any charges.
30 (b) This Section applies only when there is a contract
31 in force between a hospital and a health services corporation
32 or insurance company.
-3- LRB9215923DJgc
1 (c) The Department of Public Health shall enforce the
2 provisions of this Section. The Department shall adopt rules
3 to establish the following:
4 (1) A process by which patients may file complaints
5 with the Department alleging a violation of this Section.
6 (2) A process for the investigation of complaints
7 filed under item (1).
8 (3) A hearing process to determine whether a
9 complaint filed under item (1) has merit.
10 (4) Appropriate fines and penalties to be imposed
11 if the Department determines that a violation of this
12 Section has occurred.