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Public Act 101-0179
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| HB2847 Enrolled | LRB101 08522 RAB 53600 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. This Act may be referred to as the Living Donor |
Protection Act.
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Section 5. The Organ Donor Leave Act is amended by changing |
Section 20 as follows:
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(5 ILCS 327/20)
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Sec. 20. Administration of Act.
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(a) A participating employee subject to this Act who wishes |
to donate blood, an organ, or bone marrow shall request in |
advance leave under this Act.
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(b) An employee may use
(i) up to 30 days of organ donation |
leave in any 12-month period to serve
as a bone marrow donor,
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(ii) up to 30 days of organ donation leave in any 12-month |
period to
serve
as an organ donor,
(iii) up to one hour
to |
donate blood, (iv) up to 1.5 hours to donate double red cells, |
and (v) up to 2 hours
to donate blood platelets. The frequency |
of the blood donation times shall be set by rule in accordance |
with appropriate medical standards
established by the American |
Red Cross, America's Blood Centers, the American Association of |
Blood Banks, or
other nationally-recognized standards.
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(c) An employee may use organ donation leave or other leave |
authorized in
subsection (b) of this Section only after |
obtaining approval
from the employee's agency.
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(d) An employee may not be required to use accumulated sick |
or vacation
leave time before being eligible for organ donor |
leave.
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(e) The Department must adopt rules governing organ |
donation leave,
including rules that (i) establish conditions |
and procedures for requesting
and approving leave and (ii) |
require medical documentation of the proposed
organ or
bone |
marrow donation before leave is approved by the employing |
agency.
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(f) An employer shall not retaliate against an employee for |
requesting or obtaining a leave of absence as provided by this |
Section. |
(Source: P.A. 98-758, eff. 7-16-14.)
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Section 10. The Illinois Insurance Code is amended by |
adding Section 155.46 as follows:
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(215 ILCS 5/155.46 new) |
Sec. 155.46. Prohibition on denial of coverage or increase |
in premiums for living organ donors. |
(a) As used in this Section: |
"Human organ" means all or part of a human's liver, |
pancreas, kidney, intestine, lung, blood, plasma, skin, or bone |
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marrow. |
"Living organ donor" means an individual who has donated |
all or part of a human organ and is not deceased. |
"Disability insurance policy" means a contract under which |
an entity promises to pay a person a sum of money if an illness |
or injury resulting in a disability prevents that person from |
working. |
"Life insurance policy" means a contract under which an |
entity promises to pay a designated beneficiary a sum of money |
upon the death of the insured. |
"Long-term care insurance policy" means a contract for |
which the only insurance protection provided under the contract |
is coverage of qualified long-term care services. |
(b) Notwithstanding any other provision of law, it is |
unlawful to refuse to insure, to refuse to continue to insure, |
to limit the amount, extent, or kind of coverage available for |
life insurance, disability insurance, or long-term care |
insurance to an individual, or to charge an individual a |
different rate for the same coverage, solely because of the |
individual's status as a living organ donor. |
(c) With respect to all other conditions, persons who are |
living organ donors shall be subject to the same standards of |
sound actuarial principles or actual or reasonably anticipated |
experience as are persons who are not organ donors.
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Section 15. The Illinois Anatomical Gift Act is amended by |
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changing Section 5-47 as follows:
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(755 ILCS 50/5-47) |
Sec. 5-47. Rights and duties of procurement organizations |
and others. |
(a) When a hospital refers an individual at or near death |
to a procurement organization, the organization shall make a |
reasonable search of the records of the Secretary of State and |
any donor registry that it knows exists for the geographical |
area in which the individual resides to ascertain whether the |
individual has made an anatomical gift. |
(b) A procurement organization shall be allowed reasonable |
access to information in the records of the Secretary of State |
to ascertain whether an individual at or near death is a donor. |
If the individual is a donor who is an unemancipated minor, the |
procurement organization shall conduct a reasonable search for |
a parent or guardian of the donor and shall provide the parent |
or guardian with an opportunity to amend or revoke the |
anatomical gift of the donor's body. |
(c) Unless prohibited by law other than this Act, at any |
time after a donor's death, the person to which a part passes |
under Section 5-12 may conduct any reasonable examination |
necessary to ensure the medical suitability of the body or part |
for its intended purpose. |
(d) Unless prohibited by law other than this Act, an |
examination under subsection (c) may include an examination of |
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all medical and dental records of the donor or prospective |
donor. |
(e) Upon referral by a hospital under subsection (a) of |
this Section, a procurement organization shall make a |
reasonable search for any person listed in subsection (b) of |
Section 5-5 having priority to make an anatomical gift on |
behalf of a prospective donor. If a procurement organization |
receives information that an anatomical gift to any other |
person was made, amended, or revoked, it shall promptly advise |
the other person of all relevant information. |
(f) Subject to subsection (i) of Section 5-12, the rights |
of the person to which a part passes under Section 5-12 are |
superior to the rights of all others with respect to the part. |
The person may accept or reject an anatomical gift in whole or |
in part. Subject to the terms of the document of gift and this |
Act, a person who accepts an anatomical gift of an entire body |
may allow embalming, burial or cremation, and use of remains in |
a funeral service. If the gift is of a part, the person to |
which the part passes under Section 5-12, upon the death of the |
donor and before embalming, burial, or cremation, shall cause |
the part to be removed without unnecessary mutilation. |
(g) Neither the physician who attends the decedent at death |
nor the physician who determines the time of the decedent's |
death may participate in the procedures for removing or |
transplanting a part from the decedent. |
(h) A physician or technician may remove a donated part |
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from the body of a donor that the physician or technician is |
qualified to remove.
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(i) Not later than July 1, 2020, the Secretary of State |
shall create a database consisting of all individuals who have |
consented to having their names included in the First Person |
Consent organ and tissue donor registry maintained by the |
Secretary of State pursuant to Section 6-117 of the Illinois |
Vehicle Code. This database shall include identifying |
information for each individual, including, where available, |
the individual's name, address, gender, date of birth, driver's |
license or identification card number, social security number |
only if the donor does not have a driver's license or |
identification card number, and date of consent to join the |
registry. The Secretary of State shall update the database not |
less often than every 7 days. Upon executing a data access |
agreement with the Secretary of State, an organ procurement |
organization, as defined in this Act, providing services in the |
State of Illinois shall be granted online access to the |
database for the purpose of determining whether a potential |
organ and tissue donor is included in the First Person Consent |
organ and tissue donor registry. |
The organ procurement organization shall indemnify and |
hold harmless the State of Illinois, its officials, and |
employees for any judgments, assessments, damages, fines, |
fees, and legal costs arising out of the acts, omissions, |
decisions, or other conduct of the organ procurement |