093_HB0343eng

 
HB0343 Engrossed                     LRB093 04377 AMC 04427 b

 1        AN ACT concerning patient rights.

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

 4        Section  5.  The Medical Patient Rights Act is amended by
 5    changing Section 3 and adding Section 2.06 as follows:

 6        (410 ILCS 50/2.06 new)
 7        Sec.  2.06.  Pharmaceutical   company.    "Pharmaceutical
 8    company"  means  a  company  or  business,  or  an  agent  or
 9    representative  thereof,  that  manufactures,  or distributes
10    wholesale  pharmaceuticals,  medications,   or   prescription
11    drugs.

12        (410 ILCS 50/3) (from Ch. 111 1/2, par. 5403)
13        Sec. 3. The following rights are hereby established:
14        (a)  The  right  of  each patient to care consistent with
15    sound nursing and medical practices, to be  informed  of  the
16    name of the physician responsible for coordinating his or her
17    care,  to receive information concerning his or her condition
18    and proposed treatment, to refuse any treatment to the extent
19    permitted by law,  and  to  privacy  and  confidentiality  of
20    records except as otherwise provided by law.
21        (b)  The  right  of each patient, regardless of source of
22    payment, to examine and receive a reasonable  explanation  of
23    his  total  bill  for  services  rendered by his physician or
24    health care provider,  including  the  itemized  charges  for
25    specific  services  received.   Each physician or health care
26    provider  shall  be  responsible  only   for   a   reasonable
27    explanation  of  those  specific  services  provided  by such
28    physician or health care provider.
29        (c)  In the event an insurance company or health services
30    corporation cancels or refuses to renew an individual  policy
 
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 1    or  plan,  the  insured  patient shall be entitled to timely,
 2    prior notice of the termination of such policy or plan.
 3        An insurance company or health services corporation  that
 4    requires   any  insured  patient  or  applicant  for  new  or
 5    continued insurance or coverage to be  tested  for  infection
 6    with   human   immunodeficiency  virus  (HIV)  or  any  other
 7    identified  causative  agent  of  acquired   immunodeficiency
 8    syndrome (AIDS) shall (1) give the patient or applicant prior
 9    written  notice  of  such  requirement, (2) proceed with such
10    testing only upon the written authorization of the  applicant
11    or  patient,  and  (3)  keep  the  results  of  such  testing
12    confidential.   Notice of an adverse underwriting or coverage
13    decision may be given to any appropriately interested  party,
14    but the insurer may only disclose the test result itself to a
15    physician  designated  by  the  applicant or patient, and any
16    such  disclosure  shall  be  in   a   manner   that   assures
17    confidentiality.
18        The  Department of Insurance shall enforce the provisions
19    of this subsection.
20        (d)  The  right  of   each   patient   to   privacy   and
21    confidentiality  in  health care. Each physician, health care
22    provider,   health   services   corporation,   pharmaceutical
23    company, and insurance company shall refrain from  disclosing
24    the  nature  or  details  of  services  provided to patients,
25    except that such information may be disclosed to the patient,
26    the party  making  treatment  decisions  if  the  patient  is
27    incapable  of  making decisions regarding the health services
28    provided, those  parties  directly  involved  with  providing
29    treatment  to  the patient or processing the payment for that
30    treatment,  those  parties  responsible  for   peer   review,
31    utilization  review  and quality assurance, and those parties
32    required to be notified under the Abused and Neglected  Child
33    Reporting  Act,  the  Illinois Sexually Transmissible Disease
34    Control Act or where otherwise authorized or required by law.
 
HB0343 Engrossed            -3-      LRB093 04377 AMC 04427 b
 1    This right may be waived in writing by  the  patient  or  the
 2    patient's  guardian,  but  a  physician  or other health care
 3    provider may not condition the provision of services  on  the
 4    patient's  or  guardian's agreement to sign such a waiver.  A
 5    pharmaceutical company may not require a patient to authorize
 6    disclosure to receive medications. A  patient  may,  however,
 7    authorize  the disclosure of information necessary for his or
 8    her  participation   in   a   patient   assistance   program,
 9    prescription  drug  discount program or other offers for free
10    or reduced price medicine, clinical research project, limited
11    supply distribution program,  compassionate  use  program,  a
12    program  of  research  conducted  by  or for a pharmaceutical
13    company, research sanctioned  by  the  FDA  or  the  National
14    Institutes  of  Health,  or a patient registry established in
15    accordance with FDA  regulations.  In  addition,  information
16    concerning  the  nature  or  details  of services provided to
17    patients may be disclosed  for  the  compilation  of  medical
18    records used for epidemiological, pharmacoeconomic, or health
19    outcome  studies  that  do  not  reveal  the  identity of the
20    patient.
21    (Source: P.A. 86-895; 86-902; 86-1028; 87-334.)

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