102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1728
 
Introduced 2/17/2021, by Rep. Deanne M. Mazzochi
 
SYNOPSIS AS INTRODUCED:
 

 
410 ILCS 50/3.5 new

     Amends the Medical Patient Rights Act. Provides that, in addition to any other right provided under the Act: (1) females over the age of 40 have the right to a breast cancer screening mammogram once per year; and all persons have a right to request annual screening under the age of 40 if such person has a family history of breast cancer; or genetic testing has confirmed likelihood that such person has otherwise tested positive for BRCA1 or BRCA2 mutations; (2) males have the right to prostate-specific antigen testing at once per year if specified requirements are met; (3) all persons have the right to colorectal screening under specified conditions; (4) all persons over the age of 18, or under the age of 18 with one parent's consent, have the right to screening for sexually transmitted diseases or infections at least every 6 months, or in the event of unprotected sexual activity; and (5) all persons over the age of 18, or under the age of 18 with a parent's or legal guardian's consent, have the right to screening for COVID-19 infection and testing for COVID-19 antibodies. Provides that, unless otherwise provided by law, the patient seeking the diagnostic test without a written order from a physician shall be responsible for paying the requested diagnostic costs, provided that the provider of the diagnostic testing must provide the patient in writing the cost of the diagnostic test prior to the test being performed, and the patient agrees in writing to that amount.
  


LRB102 13477 CPF 18824 b

 
 
A BILL FOR
 

  
HB1728LRB102 13477 CPF 18824 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 1. Short title. This Act may be referred to as the 
5Patient Diagnostic Freedom and Better Health Through Early 
6Detection Act.
 
7    Section 5. The Medical Patient Rights Act is amended  by 
8adding Section 3.5 as follows:
 
9    (410 ILCS 50/3.5 new)
10    Sec. 3.5. Patient diagnostic rights.
11    (a) In addition to any other right provided under this 
12Act, a patient has the right to secure the following 
13diagnostic testing for the patient without need for a written 
14request from a physician:
15        (1) females over the age of 40 have the right to a 
16    breast cancer screening mammogram once per year; and all 
17    persons have a right to request annual screening under the 
18    age of 40 if such person has a family history of breast 
19    cancer; or genetic testing has confirmed likelihood that 
20    such person has otherwise tested positive for BRCA1 or 
21    BRCA2 mutations.
22        (2) males have the right to prostate-specific antigen 
 
 
HB1728- 2 -LRB102 13477 CPF 18824 b

1    testing at once per year if he is: 
2            (A) asymptomatic but age 50 and over;
3            (B) African-American but age 40 and over;
4            (C) age 40 and over with a personal or family 
5        history of
        prostate cancer;
6            (D) a Vietnam veteran or has other military 
7        service which may have involved exposure to Agent 
8        Orange; or
9            (E) in possession of prostate biopsy results that 
10        showed a Gleason score above 6. 
11        (3) all persons have the right to colorectal screening 
12    under the following conditions:
13            (A) at least once every 3 years over the age of 45, 
14        if such person has a family history of colorectal 
15        cancer; or
16            (B) at least once every 5 years over the age of 50, 
17        if such person is asymptomatic.
18        (4) all persons over the age of 18, or under the age of 
19    18 with one parent's consent, have the right to screening 
20    for sexually transmitted diseases or infections at least 
21    every 6 months, or in the event of unprotected sexual 
22    activity.
23        (5) all persons over the age of 18, or under the age of 
24    18 with a parent's or legal guardian's consent, have the 
25    right to screening for COVID-19 infection and testing for 
26    COVID-19 antibodies.
 
 
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1    (b) Unless otherwise provided by law, the patient seeking 
2the diagnostic test without a written order from a physician 
3shall be responsible for paying the requested diagnostic 
4costs, provided that the provider of the diagnostic testing 
5must provide the patient in writing the cost of the diagnostic 
6test prior to the test being performed, and the patient agrees 
7in writing to that amount.