Illinois General Assembly - Full Text of SB1300
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB1300  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/3/2023, by Sen. Patrick J. Joyce


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

    Amends the Medical Patient Rights Act. Establishes the right of each patient to receive from his or her health care provider an estimated cost of nonemergency medical treatment prior to undergoing the nonemergency medical treatment.

LRB103 27643 CPF 54019 b





SB1300LRB103 27643 CPF 54019 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 Medical Patient Rights Act is amended by
5changing Section 3 as follows:
6    (410 ILCS 50/3)  (from Ch. 111 1/2, par. 5403)
7    Sec. 3. The following rights are hereby established:
8        (a) The right of each patient to care consistent with
9    sound nursing and medical practices, to be informed of the
10    name of the physician responsible for coordinating his or
11    her care, to receive information concerning his or her
12    condition and proposed treatment, to refuse any treatment
13    to the extent permitted by law, and to privacy and
14    confidentiality of records except as otherwise provided by
15    law.
16        (b) The right of each patient, regardless of source of
17    payment, to examine and receive a reasonable explanation
18    of his total bill for services rendered by his physician
19    or health care provider, including the itemized charges
20    for specific services received. Each physician or health
21    care provider shall be responsible only for a reasonable
22    explanation of those specific services provided by such
23    physician or health care provider.



SB1300- 2 -LRB103 27643 CPF 54019 b

1        (c) In the event an insurance company or health
2    services corporation cancels or refuses to renew an
3    individual policy or plan, the insured patient shall be
4    entitled to timely, prior notice of the termination of
5    such policy or plan.
6        An insurance company or health services corporation
7    that requires any insured patient or applicant for new or
8    continued insurance or coverage to be tested for infection
9    with human immunodeficiency virus (HIV) or any other
10    identified causative agent of acquired immunodeficiency
11    syndrome (AIDS) shall (1) give the patient or applicant
12    prior written notice of such requirement, (2) proceed with
13    such testing only upon the written authorization of the
14    applicant or patient, and (3) keep the results of such
15    testing confidential. Notice of an adverse underwriting or
16    coverage decision may be given to any appropriately
17    interested party, but the insurer may only disclose the
18    test result itself to a physician designated by the
19    applicant or patient, and any such disclosure shall be in
20    a manner that assures confidentiality.
21        The Department of Insurance shall enforce the
22    provisions of this subsection.
23        (d) The right of each patient to privacy and
24    confidentiality in health care. Each physician, health
25    care provider, health services corporation and insurance
26    company shall refrain from disclosing the nature or



SB1300- 3 -LRB103 27643 CPF 54019 b

1    details of services provided to patients, except that such
2    information may be disclosed: (1) to the patient, (2) to
3    the party making treatment decisions if the patient is
4    incapable of making decisions regarding the health
5    services provided, (3) for treatment in accordance with 45
6    CFR 164.501 and 164.506, (4) for payment in accordance
7    with 45 CFR 164.501 and 164.506, (5) to those parties
8    responsible for peer review, utilization review, and
9    quality assurance, (6) for health care operations in
10    accordance with 45 CFR 164.501 and 164.506, (7) to those
11    parties required to be notified under the Abused and
12    Neglected Child Reporting Act or the Illinois Sexually
13    Transmissible Disease Control Act, or (8) as otherwise
14    permitted, authorized, or required by State or federal
15    law. This right may be waived in writing by the patient or
16    the patient's guardian or legal representative, but a
17    physician or other health care provider may not condition
18    the provision of services on the patient's, guardian's, or
19    legal representative's agreement to sign such a waiver. In
20    the interest of public health, safety, and welfare,
21    patient information, including, but not limited to, health
22    information, demographic information, and information
23    about the services provided to patients, may be
24    transmitted to or through a health information exchange,
25    as that term is defined in Section 2 of the Mental Health
26    and Developmental Disabilities Confidentiality Act, in



SB1300- 4 -LRB103 27643 CPF 54019 b

1    accordance with the disclosures permitted pursuant to this
2    Section. Patients shall be provided the opportunity to opt
3    out of their health information being transmitted to or
4    through a health information exchange in accordance with
5    the regulations, standards, or contractual obligations
6    adopted by the Illinois Health Information Exchange Office
7    in accordance with Section 9.6 of the Mental Health and
8    Developmental Disabilities Confidentiality Act, Section
9    9.6 of the AIDS Confidentiality Act, or Section 31.8 of
10    the Genetic Information Privacy Act, as applicable. In the
11    case of a patient choosing to opt out of having his or her
12    information available on an HIE, nothing in this Act shall
13    cause the physician or health care provider to be liable
14    for the release of a patient's health information by other
15    entities that may possess such information, including, but
16    not limited to, other health professionals, providers,
17    laboratories, pharmacies, hospitals, ambulatory surgical
18    centers, and nursing homes.
19        (e) The right of each patient to receive from his or
20    her health care provider an estimated cost of nonemergency
21    medical treatment prior to undergoing the nonemergency
22    medical treatment.
23(Source: P.A. 101-649, eff. 7-7-20.)