101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3619

 

Introduced 2/14/2020, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 50/3  from Ch. 111 1/2, par. 5403

    Amends the Medical Patient Rights Act. Provides that if a covered entity under the federal Health Insurance Portability and Accountability Act of 1996 intends to use or disclose an individual's protected and individually identifiable health information to engage in fundraising communications or communications for marketing purposes, the covered entity must, prior to the use or disclosure, obtain valid authorization from the individual who is the subject of the protected and individually identifiable health information. Contains language stating the intent of the General Assembly. Effective immediately.


LRB101 20676 CPF 70340 b

 

 

A BILL FOR

 

SB3619LRB101 20676 CPF 70340 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 sound
9nursing and medical practices, to be informed of the name of
10the physician responsible for coordinating his or her care, to
11receive information concerning his or her condition and
12proposed treatment, to refuse any treatment to the extent
13permitted by law, and to privacy and confidentiality of records
14except as otherwise provided by law.
15    (b) The right of each patient, regardless of source of
16payment, to examine and receive a reasonable explanation of his
17total bill for services rendered by his physician or health
18care provider, including the itemized charges for specific
19services received. Each physician or health care provider shall
20be responsible only for a reasonable explanation of those
21specific services provided by such physician or health care
22provider.
23    (c) In the event an insurance company or health services

 

 

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

 

 

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

 

 

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1Health Information Exchange Authority in accordance with
2Section 9.6 of the Mental Health and Developmental Disabilities
3Confidentiality Act, Section 9.6 of the AIDS Confidentiality
4Act, or Section 31.8 of the Genetic Information Privacy Act, as
5applicable. In the case of a patient choosing to opt out of
6having his or her information available on an HIE, nothing in
7this Act shall cause the physician or health care provider to
8be liable for the release of a patient's health information by
9other entities that may possess such information, including,
10but not limited to, other health professionals, providers,
11laboratories, pharmacies, hospitals, ambulatory surgical
12centers, and nursing homes.
13    (e) In this subsection:
14    "Covered entity" means a covered entity under the federal
15Health Insurance Portability and Accountability Act of 1996 or
16any rules adopted under that Act.
17    "Marketing" means making a communication about a product or
18service that encourages recipients of the communication to
19purchase or use the product or service.
20    "Opt in" means a patient consenting to marketing or
21fundraising provisions, in writing and separately from any
22consent to treatment, using the patient's initials or
23signature.
24    "Valid authorization" means:
25        (A) for use or disclosure of protected and individually
26    identifiable health information to engage in fundraising

 

 

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1    communications, an individual has opted in to receiving
2    communications from a covered entity to raise funds; or
3        (B) for use or disclosure of protected and individually
4    identifiable health information for marketing purposes, an
5    individual has opted in to receiving communications from a
6    covered entity for marketing purposes.
7    If a covered entity intends to use or disclose an
8individual's protected and individually identifiable health
9information to engage in fundraising communications or for
10marketing purposes, the covered entity must, prior to the use
11or disclosure, obtain valid authorization from the individual
12who is the subject of the protected and individually
13identifiable health information.
14    It is the intent of the General Assembly that the
15requirements of this subsection (e) increase privacy
16protections afforded to an individual who is the subject of the
17protected and individually identifiable health information.
18(Source: P.A. 98-1046, eff. 1-1-15.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.