Illinois General Assembly - Full Text of SB1579

LRB104 07665 BDA 17709 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1579

Introduced 2/4/2025, by Sen. Karina Villa

SYNOPSIS AS INTRODUCED:

410 ILCS 50/2.01	from Ch. 111 1/2, par. 5402.01
410 ILCS 50/3	from Ch. 111 1/2, par. 5403
410 ILCS 50/3.1	from Ch. 111 1/2, par. 5403.1

Amends the Medical Patient Rights Act. Changes the definition of "patient". Specifies that each patient has the right to be informed of additional information. Adds a right of each patient to be treated with courtesy and respect, to have the patient's human and civil rights maintained, and to have the patient's basic human needs accommodated in a timely manner. Adds a right of each patient to have the patient's medical directives reviewed with the health care provider before any procedures are scheduled or decisions are made. Adds a right of each patient to continuity and coordination of care among and between all disciplines serving the patient's needs. Adds a right of each patient who receives services from an outside provider to be told the identity of the provider. Updates the right of each patient to privacy and confidentiality, adding that (1) the patient shall be given current information in writing concerning certain aspects of the patient's care, (2) the patient may opt out, either digitally or in writing, from certain sharing of health information, and (3) the patient shall not be denied access to care if opting out. Makes changes to provisions regarding experimental procedures. Effective immediately.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Medical Patient Rights Act is amended by changing Sections 2.01, 3 and 3.1 as follows:

(410 ILCS 50/2.01) (from Ch. 111 1/2, par. 5402.01)

Sec. 2.01. "Patient" means any person who has received or is receiving medical care, treatment or services from an individual or institution licensed to provide medical care or treatment in this State. "Patient" includes any person whose medical care, treatment, or services received include, but are not limited to, medical care, treatment, or services for the purpose of diagnosis or treatment bearing on the physical or mental health of the person, whether as an inpatient or an outpatient. "Patient" includes any person receiving medical and related services provided in the person's residence to support the person's health and well-being.

(Source: P.A. 81-1167.)

(410 ILCS 50/3) (from Ch. 111 1/2, par. 5403)

Sec. 3. 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, specialty, and contact information of the physician responsible for coordinating his or her care, to be informed of how to reach the facility administrator, outside advocate, interpreter, and legal services, 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. Current facilities policies, inspection findings of State and local health authorities, and further explanation of the written statement of rights shall be available to patients, their guardians, or their chosen representatives in their preferred language upon reasonable request to the administrator or other designated staff person consistent with Illinois law.

(a-5) The right of each patient to be treated with courtesy and respect for the patient's individuality by employees or persons providing medical services or care and to have the patient's human and civil rights maintained in all aspects of medical care. Such employees and persons shall have up-to-date certification, licensure, and training under Illinois law. In accordance with 42 CFR 483.10, patients shall have their basic human needs, including, but not limited to, water, food, medication, toileting, and personal hygiene, accommodated in a timely manner.

(a-10) The right of each patient to have the patient's medical directives reviewed with the health care provider before any procedures are scheduled or decisions are made.

(a-15) The right of each patient to continuity and coordination of care among and between all disciplines serving the patient's medical diagnoses and needs.

(a-20) The right of each patient who receives services from an outside provider to, upon request, be told the identity of the provider. Disclosed information shall include the name of the outside provider, the address, and a description of the service which may be rendered. In cases where it is medically advisable, as documented by the attending physician in a patient's care record, the information shall be given to the patient's guardian or other person designated by the patient as the patient's representative.

(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 provide current information concerning the patient's diagnosis, treatment, alternatives, risks, and prognosis in writing to the patient or the patient's legal designee upon request and 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 Transmitted Infection 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, either digitally or in writing, of their health information being transmitted to or through a health information exchange 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. Patients shall not be denied access to care if they choose to opt out of the sharing of such information. 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. 103-508, eff. 8-4-23; 103-1049, eff. 8-9-24.)

(410 ILCS 50/3.1) (from Ch. 111 1/2, par. 5403.1)

Sec. 3.1. (a) Any patient who is the subject of a research program or an experimental procedure, as defined under the rules and regulations of the Hospital Licensing Act, shall have, at a minimum, the right to receive an explanation both in spoken and written words of the nature and possible consequences of such research or experiment before the research or experiment is scheduled or conducted, and to consent to or reject it.

(b) No physician or other provider may conduct any research program or experimental procedure on a patient without the prior informed consent of the patient in writing or, if the patient is unable to consent, the patient's guardian, spouse, parent, or authorized agent. Both the consent and the refusal shall be documented in the individual's care record.

(c) This Section shall not apply to any research program or medical experimental procedure for patients subject to a life-threatening emergency that is conducted in accordance with Part 50 of Title 21 of, and Part 46 of Title 45 of, the Code of Federal Regulations.

(Source: P.A. 90-36, eff. 6-27-97.)

Section 99. Effective date. This Act takes effect upon becoming law.