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Public Act 101-0179


 

Public Act 0179 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0179
 
HB2847 EnrolledLRB101 08522 RAB 53600 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. This Act may be referred to as the Living Donor
Protection Act.
 
    Section 5. The Organ Donor Leave Act is amended by changing
Section 20 as follows:
 
    (5 ILCS 327/20)
    Sec. 20. Administration of Act.
    (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.
    (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,
(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.
    (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.
    (d) An employee may not be required to use accumulated sick
or vacation leave time before being eligible for organ donor
leave.
    (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.
    (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.)
 
    Section 10. The Illinois Insurance Code is amended by
adding Section 155.46 as follows:
 
    (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
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.
 
    Section 15. The Illinois Anatomical Gift Act is amended by
changing Section 5-47 as follows:
 
    (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
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
from the body of a donor that the physician or technician is
qualified to remove.
    (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
organization and its officials, employees, and agents in the
use of the database.
(Source: P.A. 100-41, eff. 1-1-18.)
 
    Section 99. Effective date. This Act takes effect January
1, 2020.

Effective Date: 1/1/2020