103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5115
 
Introduced 2/8/2024, by Rep. Daniel Didech
 
SYNOPSIS AS INTRODUCED:
 
110 ILCS 330/8j new
210 ILCS 85/6.35 new
410 ILCS 50/3.5 new
    Amends the University of Illinois Hospital Act and the Hospital Licensing Act. Provides that before using any diagnostic algorithm to diagnose a patient, a hospital must first confirm that the diagnostic algorithm has been certified by the Department of Public Health and the Department of Innovation and Technology, has been shown to achieve as or more accurate diagnostic results than other diagnostic means, and is not the only method of diagnosis available to a patient. Sets forth provisions concerning certification of the diagnostic algorithm and annual reporting by the proprietor of the diagnostic algorithm. Amends the Medical Patient Rights Act. Provides that a patient has the right to be told when a diagnostic algorithm will be used to diagnose them. Provides that before a diagnostic algorithm is used to diagnose a patient, the patient must first be presented with the option of being diagnosed without the diagnostic algorithm and consent to the diagnostic algorithm's use.


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A BILL FOR
 
HB5115LRB103 35748 JAG 65829 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The University of Illinois Hospital Act is 
5amended by adding Section 8j as follows:
 
6    (110 ILCS 330/8j new)
7    Sec. 8j. Diagnostic algorithm.
8    (a) Before using any diagnostic algorithm to diagnose a 
9patient, the University of Illinois Hospital must first 
10confirm all of the following:
11        (1) The diagnostic algorithm has been certified by the 
12    Department of Public Health and the Department of 
13    Innovation and Technology.
14        (2) The diagnostic algorithm has been shown to achieve 
15    as or more accurate diagnostic results than other 
16    diagnostic means.
17        (3) The diagnostic algorithm is not the only method of 
18    diagnosis available to a patient. 
19    (b) In order for a diagnostic algorithm to be certified by 
20the Department of Public Health and the Department of 
21Innovation and Technology, the proprietor of the diagnostic 
22algorithm and associated software must regularly evaluate the 
23diagnostic algorithm for biases and discrimination against 
 
 
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1protected categories of groups under the Illinois Human Rights 
2Act and report its findings on an annual basis to the 
3Department of Public Health and the Department of Innovation 
4and Technology. 
5    (c) Within 3 months after receipt of the report of the 
6proprietor of the diagnostic algorithm under subsection (b), 
7the Department of Public Health and the Department of 
8Innovation and Technology must review the findings and may 
9open further investigations by a third party when deemed 
10appropriate. If the Department of Public Health and the 
11Department of Innovation and Technology find that the 
12diagnostic algorithm has perpetuated biases and discrimination 
13against protected categories of groups under the Illinois 
14Human Rights Act, the proprietor must take prompt action to 
15ensure the biases and discrimination are addressed, as 
16determined by the Department of Public Health and the 
17Department of Innovation and Technology, within 3 months after 
18the finding. If the biases and discrimination are not 
19addressed within 3 months after the finding, the Department of 
20Public Health and the Department of Innovation and Technology 
21shall revoke the diagnostic algorithm's certification until 
22the biases and discrimination are addressed, as determined by 
23the Department of Public Health and Department of Innovation 
24and Technology. 
 
25    Section 10. The Hospital Licensing Act is amended by 
 
 
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1adding Section 6.35 as follows:
 
2    (210 ILCS 85/6.35 new)
3    Sec. 6.35. Diagnostic algorithm.
4    (a) Before using any diagnostic algorithm to diagnose a 
5patient, a hospital licensed under this Act must first confirm 
6all of the following:
7        (1) The diagnostic algorithm has been certified by the 
8    Department of Public Health and the Department of 
9    Innovation and Technology.
10        (2) The diagnostic algorithm has been shown to achieve 
11    as or more accurate diagnostic results than other 
12    diagnostic means.
13        (3) The diagnostic algorithm is not the only method of 
14    diagnosis available to a patient. 
15    (b) In order for a diagnostic algorithm to be certified by 
16the Department of Public Health and the Department of 
17Innovation and Technology, the proprietor of the diagnostic 
18algorithm and associated software must regularly evaluate the 
19diagnostic algorithm for biases and discrimination against 
20protected categories of groups under the Illinois Human Rights 
21Act and report its findings on an annual basis to the 
22Department of Public Health and the Department of Innovation 
23and Technology. 
24    (c) Within 3 months after receipt of the report of the 
25proprietor of the diagnostic algorithm under subsection (b), 
 
 
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1the Department of Public Health and the Department of 
2Innovation and Technology must review the findings and may 
3open further investigations by a third party when deemed 
4appropriate. If the Department of Public Health and the 
5Department of Innovation and Technology find that the 
6diagnostic algorithm has perpetuated biases and discrimination 
7against protected categories of groups under the Illinois 
8Human Rights Act, the proprietor must take prompt action to 
9ensure the biases and discrimination are addressed, as 
10determined by the Department of Public Health and the 
11Department of Innovation and Technology, within 3 months after 
12the finding. If the biases and discrimination are not 
13addressed within 3 months after the finding, the Department of 
14Public Health and the Department of Innovation and Technology 
15shall revoke the diagnostic algorithm's certification until 
16the biases and discrimination are addressed, as determined by 
17the Department of Public Health and Department of Innovation 
18and Technology. 
 
19    Section 15. The Medical Patient Rights Act is amended by 
20adding Section 3.5 as follows:
 
21    (410 ILCS 50/3.5 new)
22    Sec. 3.5. Diagnostic algorithm. A patient has the right to 
23be told when a diagnostic algorithm will be used to diagnose 
24him or her. Before a diagnostic algorithm is used to diagnose a 
 
 
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1patient, the patient must first:
2        (1) be presented with the option of being diagnosed 
3    without the diagnostic algorithm; and
4        (2) consent to the diagnostic algorithm's use.