Full Text of HB3695 94th General Assembly
HB3695 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3695
Introduced 2/24/2005, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
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410 ILCS 50/3 |
from Ch. 111 1/2, par. 5403 |
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Amends the Medical Patient Rights Act. Provides that a physician-patient relationship does not exist until a physician consents to it for a specific course of treatment or care. Provides that a physician-patient relationship is not created by a referral to a physician by any person, receipt of patient health care information, or establishment of an appointment.
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A BILL FOR
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HB3695 |
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LRB094 09356 RXD 39600 b |
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| AN ACT concerning health.
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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 5. The Medical Patient Rights Act is amended by | 5 |
| changing Section 3 as follows:
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| (410 ILCS 50/3) (from Ch. 111 1/2, par. 5403)
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| Sec. 3. The following rights are hereby established:
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| (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
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| permitted by law, and to privacy and confidentiality of records | 14 |
| except as
otherwise provided by law. A physician-patient | 15 |
| relationship does not exist until a physician consents to it | 16 |
| for a specific course of treatment or care. A physician-patient | 17 |
| relationship is not created by a referral to a physician by any | 18 |
| person, receipt of patient health care information, or | 19 |
| establishment of an appointment.
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| (b) The right of each patient, regardless of source of | 21 |
| payment, to examine
and receive a reasonable explanation of his | 22 |
| total bill for services rendered
by his physician or health | 23 |
| care provider, including the itemized charges
for specific | 24 |
| services received. Each physician or health care provider
shall | 25 |
| be responsible only for a reasonable explanation of those | 26 |
| specific
services provided by such physician or health care | 27 |
| provider.
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| (c) In the event an insurance company or health services | 29 |
| corporation cancels
or refuses to renew an individual policy or | 30 |
| plan, the insured patient shall
be entitled to timely, prior | 31 |
| notice of the termination of such policy or plan.
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| An insurance company or health services corporation that |
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HB3695 |
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LRB094 09356 RXD 39600 b |
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| requires any
insured patient or applicant for new or continued | 2 |
| insurance or coverage to
be tested for infection with human | 3 |
| immunodeficiency virus (HIV) or any
other identified causative | 4 |
| agent of acquired immunodeficiency syndrome
(AIDS) shall (1) | 5 |
| give the patient or applicant prior written notice of such
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| requirement, (2) proceed with such testing only upon the | 7 |
| written
authorization of the applicant or patient, and (3) keep | 8 |
| the results of such
testing confidential. Notice of an adverse | 9 |
| underwriting or coverage
decision may be given to any | 10 |
| appropriately interested party, but the
insurer may only | 11 |
| disclose the test result itself to a physician designated
by | 12 |
| the applicant or patient, and any such disclosure shall be in a | 13 |
| manner
that assures confidentiality.
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| The Department of Insurance shall enforce the provisions of | 15 |
| this subsection.
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| (d) The right of each patient to privacy and | 17 |
| confidentiality in health
care. Each physician, health care | 18 |
| provider, health services corporation and
insurance company | 19 |
| shall refrain from disclosing the nature or details of
services | 20 |
| provided to patients, except that such information may be | 21 |
| disclosed to the
patient, the party making treatment decisions | 22 |
| if the patient is incapable
of making decisions regarding the | 23 |
| health services provided, those parties
directly involved with | 24 |
| providing treatment to the patient or processing the
payment | 25 |
| for that treatment, those parties responsible for peer review,
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| utilization review and quality assurance, and those parties | 27 |
| required to
be notified under the Abused and Neglected Child | 28 |
| Reporting Act, the
Illinois Sexually Transmissible Disease | 29 |
| Control Act or where otherwise
authorized or required by law. | 30 |
| This right may be waived in writing by the
patient or the | 31 |
| patient's guardian, but a physician or other health care
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| provider may not condition the provision of services on the | 33 |
| patient's or
guardian's agreement to sign such a waiver.
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| (Source: P.A. 86-895; 86-902; 86-1028; 87-334.)
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