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90_HB2914
410 ILCS 50/2.01 from Ch. 111 1/2, par. 5402.01
410 ILCS 50/2.06 new
410 ILCS 50/3 from Ch. 111 1/2, par. 5403
Amends the Medical Patient Rights Act. Defines "patient"
to include any person who presents himself or herself for
emergency services at an institution equipped to provide
emergency services. Defines "emergency services" as the
provision of health care services for sudden and, at the
time, unexpected onset of a health condition that would lead
a prudent layperson to believe that failure to receive
immediate medical attention would result in serious
impairment to bodily function or serious dysfunction of any
body organ or part or would place the person's health in
serious jeopardy. Adds the prompt provision of emergency
services as a right of each patient. Effective immediately.
LRB9010852SMdvA
LRB9010852SMdvA
1 AN ACT to amend the Medical Patient Rights Act by
2 changing Sections 2.01 and 3 and adding Section 2.06.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Medical Patient Rights Act is amended by
6 changing Sections 2.01 and 3 and adding Section 2.06 as
7 follows:
8 (410 ILCS 50/2.01) (from Ch. 111 1/2, par. 5402.01)
9 Sec. 2.01. "Patient" means any person who has received or
10 is receiving medical care, treatment or services from an
11 individual or institution licensed to provide medical care or
12 treatment in this State, or any person who presents himself
13 or herself for emergency services at an institution equipped
14 to provide emergency services.
15 (Source: P.A. 81-1167.)
16 (410 ILCS 50/2.06 new)
17 Sec. 2.06. "Emergency services" means the provision of
18 health care services for sudden and, at the time, unexpected
19 onset of a health condition that would lead a prudent
20 layperson to believe that failure to receive immediate
21 medical attention would result in serious impairment to
22 bodily function or serious dysfunction of any body organ or
23 part or would place the person's health in serious jeopardy.
24 (410 ILCS 50/3) (from Ch. 111 1/2, par. 5403)
25 Sec. 3. The following rights are hereby established:
26 (a) The right of each patient to care consistent with
27 sound nursing and medical practices, to prompt provision of
28 emergency services, to be informed of the name of the
29 physician responsible for coordinating his or her care, to
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1 receive information concerning his or her condition and
2 proposed treatment, to refuse any treatment to the extent
3 permitted by law, and to privacy and confidentiality of
4 records except as otherwise provided by law.
5 (b) The right of each patient, regardless of source of
6 payment, to examine and receive a reasonable explanation of
7 his total bill for services rendered by his physician or
8 health care provider, including the itemized charges for
9 specific services received. Each physician or health care
10 provider shall be responsible only for a reasonable
11 explanation of those specific services provided by such
12 physician or health care provider.
13 (c) In the event an insurance company or health services
14 corporation cancels or refuses to renew an individual policy
15 or plan, the insured patient shall be entitled to timely,
16 prior notice of the termination of such policy or plan.
17 An insurance company or health services corporation that
18 requires any insured patient or applicant for new or
19 continued insurance or coverage to be tested for infection
20 with human immunodeficiency virus (HIV) or any other
21 identified causative agent of acquired immunodeficiency
22 syndrome (AIDS) shall (1) give the patient or applicant prior
23 written notice of such requirement, (2) proceed with such
24 testing only upon the written authorization of the applicant
25 or patient, and (3) keep the results of such testing
26 confidential. Notice of an adverse underwriting or coverage
27 decision may be given to any appropriately interested party,
28 but the insurer may only disclose the test result itself to a
29 physician designated by the applicant or patient, and any
30 such disclosure shall be in a manner that assures
31 confidentiality.
32 The Department of Insurance shall enforce the provisions
33 of this subsection.
34 (d) The right of each patient to privacy and
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1 confidentiality in health care. Each physician, health care
2 provider, health services corporation and insurance company
3 shall refrain from disclosing the nature or details of
4 services provided to patients, except that such information
5 may be disclosed to the patient, the party making treatment
6 decisions if the patient is incapable of making decisions
7 regarding the health services provided, those parties
8 directly involved with providing treatment to the patient or
9 processing the payment for that treatment, those parties
10 responsible for peer review, utilization review and quality
11 assurance, and those parties required to be notified under
12 the Abused and Neglected Child Reporting Act, the Illinois
13 Sexually Transmissible Disease Control Act or where otherwise
14 authorized or required by law. This right may be waived in
15 writing by the patient or the patient's guardian, but a
16 physician or other health care provider may not condition the
17 provision of services on the patient's or guardian's
18 agreement to sign such a waiver.
19 (Source: P.A. 86-895; 86-902; 86-1028; 87-334.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.