093_HB0343
LRB093 04377 AMC 04427 b
1 AN ACT concerning patient rights.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Medical Patient Rights Act is amended by
5 changing Section 3 and adding Section 2.06 as follows:
6 (410 ILCS 50/2.06 new)
7 Sec. 2.06. Pharmaceutical company. "Pharmaceutical
8 company" means a company or business, or an agent or
9 representative thereof, that manufactures, sells, or
10 distributes pharmaceuticals, medications, or prescription
11 drugs.
12 (410 ILCS 50/3) (from Ch. 111 1/2, par. 5403)
13 Sec. 3. The following rights are hereby established:
14 (a) The right of each patient to care consistent with
15 sound nursing and medical practices, to be informed of the
16 name of the physician responsible for coordinating his or her
17 care, to receive information concerning his or her condition
18 and proposed treatment, to refuse any treatment to the extent
19 permitted by law, and to privacy and confidentiality of
20 records except as otherwise provided by law.
21 (b) The right of each patient, regardless of source of
22 payment, to examine and receive a reasonable explanation of
23 his total bill for services rendered by his physician or
24 health care provider, including the itemized charges for
25 specific services received. Each physician or health care
26 provider shall be responsible only for a reasonable
27 explanation of those specific services provided by such
28 physician or health care provider.
29 (c) In the event an insurance company or health services
30 corporation cancels or refuses to renew an individual policy
-2- LRB093 04377 AMC 04427 b
1 or plan, the insured patient shall be entitled to timely,
2 prior notice of the termination of such policy or plan.
3 An insurance company or health services corporation that
4 requires any insured patient or applicant for new or
5 continued insurance or coverage to be tested for infection
6 with human immunodeficiency virus (HIV) or any other
7 identified causative agent of acquired immunodeficiency
8 syndrome (AIDS) shall (1) give the patient or applicant prior
9 written notice of such requirement, (2) proceed with such
10 testing only upon the written authorization of the applicant
11 or patient, and (3) keep the results of such testing
12 confidential. Notice of an adverse underwriting or coverage
13 decision may be given to any appropriately interested party,
14 but the insurer may only disclose the test result itself to a
15 physician designated by the applicant or patient, and any
16 such disclosure shall be in a manner that assures
17 confidentiality.
18 The Department of Insurance shall enforce the provisions
19 of this subsection.
20 (d) The right of each patient to privacy and
21 confidentiality in health care. Each physician, health care
22 provider, health services corporation, pharmaceutical
23 company, and insurance company shall refrain from disclosing
24 the nature or details of services provided to patients,
25 except that such information may be disclosed to the patient,
26 the party making treatment decisions if the patient is
27 incapable of making decisions regarding the health services
28 provided, those parties directly involved with providing
29 treatment to the patient or processing the payment for that
30 treatment, those parties responsible for peer review,
31 utilization review and quality assurance, and those parties
32 required to be notified under the Abused and Neglected Child
33 Reporting Act, the Illinois Sexually Transmissible Disease
34 Control Act or where otherwise authorized or required by law.
-3- LRB093 04377 AMC 04427 b
1 This right may be waived in writing by the patient or the
2 patient's guardian, but a physician or other health care
3 provider may not condition the provision of services on the
4 patient's or guardian's agreement to sign such a waiver. A
5 pharmaceutical company may not require a patient to authorize
6 disclosure to receive medications.
7 (Source: P.A. 86-895; 86-902; 86-1028; 87-334.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.