(410 ILCS 50/3)
(from Ch. 111 1/2, par. 5403)
The following rights are hereby established:
(a) The right of each patient to care consistent with sound nursing and
medical practices, to be informed of the name of the physician responsible
for coordinating his or her care, to receive information concerning his or
her condition and proposed treatment, to refuse any treatment to the extent
permitted by law, and to privacy and confidentiality of records except as
otherwise provided by law.
(b) The right of each patient, regardless of source of payment, to examine
and receive a reasonable explanation of his total bill for services rendered
by his physician or health care provider, including the itemized charges
for specific services received. Each physician or health care provider
shall be responsible only for a reasonable explanation of those specific
services provided by such physician or health care provider.
(c) In the event an insurance company or health services corporation cancels
or refuses to renew an individual policy or plan, the insured patient shall
be entitled to timely, prior notice of the termination of such policy or plan.
An insurance company or health services corporation that requires any
insured patient or applicant for new or continued insurance or coverage to
be tested for infection with human immunodeficiency virus (HIV) or any
other identified causative agent of acquired immunodeficiency syndrome
(AIDS) shall (1) give the patient or applicant prior written notice of such
requirement, (2) proceed with such testing only upon the written
authorization of the applicant or patient, and (3) keep the results of such
testing confidential. Notice of an adverse underwriting or coverage
decision may be given to any appropriately interested party, but the
insurer may only disclose the test result itself to a physician designated
by the applicant or patient, and any such disclosure shall be in a manner
that assures confidentiality.
The Department of Insurance shall enforce the provisions of this subsection.
(d) The right of each patient to privacy and confidentiality in health
care. Each physician, health care provider, health services corporation and
insurance company shall refrain from disclosing the nature or details of
services provided to patients, except that such information may be disclosed: (1) to the
patient, (2) to the party making treatment decisions if the patient is incapable
of making decisions regarding the health services provided, (3) for treatment in accordance with 45 CFR 164.501 and 164.506, (4) for
payment in accordance with 45 CFR 164.501 and 164.506, (5) to those parties responsible for peer review,
utilization review, and quality assurance, (6) for health care operations in accordance with 45 CFR 164.501 and 164.506, (7) to those parties required to
be notified under the Abused and Neglected Child Reporting Act or the
Illinois Sexually Transmissible Disease Control Act, or (8) as otherwise permitted,
authorized, or required by State or federal law. This right may be waived in writing by the
patient or the patient's guardian or legal representative, but a physician or other health care
provider may not condition the provision of services on the patient's,
guardian's, or legal representative's agreement to sign such a waiver. In the interest of public health, safety, and welfare, patient information, including, but not limited to, health information, demographic information, and information about the services provided to patients, may be transmitted to or through a health information exchange, as that term is defined in Section 2 of the Mental Health and Developmental Disabilities Confidentiality Act, in accordance with the disclosures permitted pursuant to this Section. Patients shall be provided the opportunity to opt out of their health information being transmitted to or through a health information exchange in accordance with the regulations, standards, or contractual obligations adopted by the Illinois Health Information Exchange Authority in accordance with Section 9.6 of the Mental Health and Developmental Disabilities Confidentiality Act, Section 9.6 of the AIDS Confidentiality Act, or Section 31.8 of the Genetic Information Privacy Act, as applicable. In the case of a patient choosing to opt out of having his or her information available on an HIE, nothing in this Act shall cause the physician or health care provider to be liable for the release of a patient's health information by other entities that may possess such information, including, but not limited to, other health professionals, providers, laboratories, pharmacies, hospitals, ambulatory surgical centers, and nursing homes.
(Source: P.A. 98-1046, eff. 1-1-15