Full Text of SB1909 101st General Assembly
SB1909sam001 101ST GENERAL ASSEMBLY | Sen. Cristina Castro Filed: 3/1/2019
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| 1 | | AMENDMENT TO SENATE BILL 1909
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1909 on page 3, by | 3 | | replacing line 16 with the following:
| 4 | | "by adding Sections 10-23 and 10-24 as follows: | 5 | | (20 ILCS 1305/10-23 new) | 6 | | Sec. 10-23. High Risk Infant Follow-Up program. The | 7 | | Department's High Risk Infant Follow-Up program shall be | 8 | | expanded to serve any pregnant or postpartum woman identified | 9 | | as high-risk by a Level I, Level II, or Level III hospital. The | 10 | | services shall be provided by registered nurses. | 11 | | The Department, in conjunction with the Department of | 12 | | Public Health, a statewide organization representing | 13 | | registered nurses, and a statewide organization representing | 14 | | obstetricians and gynecologists, shall develop rules and | 15 | | appropriate revisions to the High Risk Infant Follow-Up program | 16 | | to expand existing services provided by registered nurses to |
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| 1 | | pregnant and postpartum women. Such rules shall be adopted no | 2 | | later than January 1, 2021. "; and | 3 | | on page 77, immediately below line 22, by inserting the | 4 | | following: | 5 | | "Section 57. The Medical Patient Rights Act is amended by | 6 | | changing Section 3 as follows:
| 7 | | (410 ILCS 50/3) (from Ch. 111 1/2, par. 5403)
| 8 | | Sec. 3. The following rights are hereby established:
| 9 | | (a) The right of each patient to care consistent with sound | 10 | | nursing and
medical practices, to be informed of the name of | 11 | | the physician responsible
for coordinating his or her care, to | 12 | | receive information concerning his or
her condition and | 13 | | proposed treatment, to refuse any treatment to the extent
| 14 | | permitted by law, and to privacy and confidentiality of records | 15 | | except as
otherwise provided by law.
| 16 | | (b) The right of each patient, regardless of source of | 17 | | payment, to examine
and receive a reasonable explanation of his | 18 | | total bill for services rendered
by his physician or health | 19 | | care provider, including the itemized charges
for specific | 20 | | services received. Each physician or health care provider
shall | 21 | | be responsible only for a reasonable explanation of those | 22 | | specific
services provided by such physician or health care | 23 | | provider.
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| 1 | | (c) In the event an insurance company or health services | 2 | | corporation cancels
or refuses to renew an individual policy or | 3 | | plan, the insured patient shall
be entitled to timely, prior | 4 | | notice of the termination of such policy or plan.
| 5 | | An insurance company or health services corporation that | 6 | | requires any
insured patient or applicant for new or continued | 7 | | insurance or coverage to
be tested for infection with human | 8 | | immunodeficiency virus (HIV) or any
other identified causative | 9 | | agent of acquired immunodeficiency syndrome
(AIDS) shall (1) | 10 | | give the patient or applicant prior written notice of such
| 11 | | requirement, (2) proceed with such testing only upon the | 12 | | written
authorization of the applicant or patient, and (3) keep | 13 | | the results of such
testing confidential. Notice of an adverse | 14 | | underwriting or coverage
decision may be given to any | 15 | | appropriately interested party, but the
insurer may only | 16 | | disclose the test result itself to a physician designated
by | 17 | | the applicant or patient, and any such disclosure shall be in a | 18 | | manner
that assures confidentiality.
| 19 | | The Department of Insurance shall enforce the provisions of | 20 | | this subsection.
| 21 | | (d) The right of each patient to privacy and | 22 | | confidentiality in health
care. Each physician, health care | 23 | | provider, health services corporation and
insurance company | 24 | | shall refrain from disclosing the nature or details of
services | 25 | | provided to patients, except that such information may be | 26 | | disclosed: (1) to the
patient, (2) to the party making |
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| 1 | | treatment decisions if the patient is incapable
of making | 2 | | decisions regarding the health services provided, (3) for | 3 | | treatment in accordance with 45 CFR 164.501 and 164.506, (4) | 4 | | for
payment in accordance with 45 CFR 164.501 and 164.506, (5) | 5 | | to those parties responsible for peer review,
utilization | 6 | | review, and quality assurance, (6) for health care operations | 7 | | in accordance with 45 CFR 164.501 and 164.506, (7) to those | 8 | | parties required to
be notified under the Abused and Neglected | 9 | | Child Reporting Act or the
Illinois Sexually Transmissible | 10 | | Disease Control Act, or (8) as otherwise permitted,
authorized, | 11 | | or required by State or federal law. This right may be waived | 12 | | in writing by the
patient or the patient's guardian or legal | 13 | | representative, but a physician or other health care
provider | 14 | | may not condition the provision of services on the patient's,
| 15 | | guardian's, or legal representative's agreement to sign such a | 16 | | waiver. In the interest of public health, safety, and welfare, | 17 | | patient information, including, but not limited to, health | 18 | | information, demographic information, and information about | 19 | | the services provided to patients, may be transmitted to or | 20 | | through a health information exchange, as that term is defined | 21 | | in Section 2 of the Mental Health and Developmental | 22 | | Disabilities Confidentiality Act, in accordance with the | 23 | | disclosures permitted pursuant to this Section. Patients shall | 24 | | be provided the opportunity to opt out of their health | 25 | | information being transmitted to or through a health | 26 | | information exchange in accordance with the regulations, |
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| 1 | | standards, or contractual obligations adopted by the Illinois | 2 | | Health Information Exchange Authority in accordance with | 3 | | Section 9.6 of the Mental Health and Developmental Disabilities | 4 | | Confidentiality Act, Section 9.6 of the AIDS Confidentiality | 5 | | Act, or Section 31.8 of the Genetic Information Privacy Act, as | 6 | | applicable. In the case of a patient choosing to opt out of | 7 | | having his or her information available on an HIE, nothing in | 8 | | this Act shall cause the physician or health care provider to | 9 | | be liable for the release of a patient's health information by | 10 | | other entities that may possess such information, including, | 11 | | but not limited to, other health professionals, providers, | 12 | | laboratories, pharmacies, hospitals, ambulatory surgical | 13 | | centers, and nursing homes. | 14 | | (e) With the exception of medical emergencies with | 15 | | inadequate time to obtain consent, the right of each patient, | 16 | | or patient's representative, to specific informed consent, or | 17 | | informed permission in the case of an infant, including | 18 | | information regarding the health and legal benefits and risks | 19 | | regarding biochemical testing for controlled substances. | 20 | | Health care providers shall provide to patients, or patients' | 21 | | representatives, in writing, the following: | 22 | | (1) foreseeable health and legal risks and benefits of | 23 | | biochemical testing for controlled substances; | 24 | | (2) reasonable alternatives to biochemical testing for | 25 | | controlled substances; | 26 | | (3) information on how to obtain answers to questions |
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| 1 | | about substance abuse treatment; | 2 | | (4) information on the applicability of federal safe | 3 | | harbor protections; and | 4 | | (5) an explanation of the extent of confidentiality and | 5 | | the voluntariness of agreement to biochemical testing for | 6 | | controlled substances.
| 7 | | (Source: P.A. 98-1046, eff. 1-1-15 .)".
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