Sen. Cristina Castro

Filed: 3/1/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 1909 on page 3, by
3replacing line 16 with the following:
4"by adding Sections 10-23 and 10-24 as follows:
5    (20 ILCS 1305/10-23 new)
6    Sec. 10-23. High Risk Infant Follow-Up program. The
7Department's High Risk Infant Follow-Up program shall be
8expanded to serve any pregnant or postpartum woman identified
9as high-risk by a Level I, Level II, or Level III hospital. The
10services shall be provided by registered nurses.
11    The Department, in conjunction with the Department of
12Public Health, a statewide organization representing
13registered nurses, and a statewide organization representing
14obstetricians and gynecologists, shall develop rules and
15appropriate revisions to the High Risk Infant Follow-Up program
16to expand existing services provided by registered nurses to



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1pregnant and postpartum women. Such rules shall be adopted no
2later than January 1, 2021."; and
3on page 77, immediately below line 22, by inserting the
5    "Section 57. The Medical Patient Rights Act is amended by
6changing Section 3 as follows:
7    (410 ILCS 50/3)  (from Ch. 111 1/2, par. 5403)
8    Sec. 3. The following rights are hereby established:
9    (a) The right of each patient to care consistent with sound
10nursing and medical practices, to be informed of the name of
11the physician responsible for coordinating his or her care, to
12receive information concerning his or her condition and
13proposed treatment, to refuse any treatment to the extent
14permitted by law, and to privacy and confidentiality of records
15except as otherwise provided by law.
16    (b) The right of each patient, regardless of source of
17payment, to examine and receive a reasonable explanation of his
18total bill for services rendered by his physician or health
19care provider, including the itemized charges for specific
20services received. Each physician or health care provider shall
21be responsible only for a reasonable explanation of those
22specific services provided by such physician or health care



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1    (c) In the event an insurance company or health services
2corporation cancels or refuses to renew an individual policy or
3plan, the insured patient shall be entitled to timely, prior
4notice of the termination of such policy or plan.
5    An insurance company or health services corporation that
6requires any insured patient or applicant for new or continued
7insurance or coverage to be tested for infection with human
8immunodeficiency virus (HIV) or any other identified causative
9agent of acquired immunodeficiency syndrome (AIDS) shall (1)
10give the patient or applicant prior written notice of such
11requirement, (2) proceed with such testing only upon the
12written authorization of the applicant or patient, and (3) keep
13the results of such testing confidential. Notice of an adverse
14underwriting or coverage decision may be given to any
15appropriately interested party, but the insurer may only
16disclose the test result itself to a physician designated by
17the applicant or patient, and any such disclosure shall be in a
18manner that assures confidentiality.
19    The Department of Insurance shall enforce the provisions of
20this subsection.
21    (d) The right of each patient to privacy and
22confidentiality in health care. Each physician, health care
23provider, health services corporation and insurance company
24shall refrain from disclosing the nature or details of services
25provided to patients, except that such information may be
26disclosed: (1) to the patient, (2) to the party making



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1treatment decisions if the patient is incapable of making
2decisions regarding the health services provided, (3) for
3treatment in accordance with 45 CFR 164.501 and 164.506, (4)
4for payment in accordance with 45 CFR 164.501 and 164.506, (5)
5to those parties responsible for peer review, utilization
6review, and quality assurance, (6) for health care operations
7in accordance with 45 CFR 164.501 and 164.506, (7) to those
8parties required to be notified under the Abused and Neglected
9Child Reporting Act or the Illinois Sexually Transmissible
10Disease Control Act, or (8) as otherwise permitted, authorized,
11or required by State or federal law. This right may be waived
12in writing by the patient or the patient's guardian or legal
13representative, but a physician or other health care provider
14may not condition the provision of services on the patient's,
15guardian's, or legal representative's agreement to sign such a
16waiver. In the interest of public health, safety, and welfare,
17patient information, including, but not limited to, health
18information, demographic information, and information about
19the services provided to patients, may be transmitted to or
20through a health information exchange, as that term is defined
21in Section 2 of the Mental Health and Developmental
22Disabilities Confidentiality Act, in accordance with the
23disclosures permitted pursuant to this Section. Patients shall
24be provided the opportunity to opt out of their health
25information being transmitted to or through a health
26information exchange in accordance with the regulations,



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1standards, or contractual obligations adopted by the Illinois
2Health Information Exchange Authority in accordance with
3Section 9.6 of the Mental Health and Developmental Disabilities
4Confidentiality Act, Section 9.6 of the AIDS Confidentiality
5Act, or Section 31.8 of the Genetic Information Privacy Act, as
6applicable. In the case of a patient choosing to opt out of
7having his or her information available on an HIE, nothing in
8this Act shall cause the physician or health care provider to
9be liable for the release of a patient's health information by
10other entities that may possess such information, including,
11but not limited to, other health professionals, providers,
12laboratories, pharmacies, hospitals, ambulatory surgical
13centers, and nursing homes.
14    (e) With the exception of medical emergencies with
15inadequate time to obtain consent, the right of each patient,
16or patient's representative, to specific informed consent, or
17informed permission in the case of an infant, including
18information regarding the health and legal benefits and risks
19regarding biochemical testing for controlled substances.
20Health care providers shall provide to patients, or patients'
21representatives, in writing, the following:
22        (1) foreseeable health and legal risks and benefits of
23    biochemical testing for controlled substances;
24        (2) reasonable alternatives to biochemical testing for
25    controlled substances;
26        (3) information on how to obtain answers to questions



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1    about substance abuse treatment;
2        (4) information on the applicability of federal safe
3    harbor protections; and
4        (5) an explanation of the extent of confidentiality and
5    the voluntariness of agreement to biochemical testing for
6    controlled substances.
7(Source: P.A. 98-1046, eff. 1-1-15.)".