093_HB0343eng HB0343 Engrossed 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, or distributes 10 wholesale 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 HB0343 Engrossed -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. HB0343 Engrossed -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. A patient may, however, 7 authorize the disclosure of information necessary for his or 8 her participation in a patient assistance program, 9 prescription drug discount program or other offers for free 10 or reduced price medicine, clinical research project, limited 11 supply distribution program, compassionate use program, a 12 program of research conducted by or for a pharmaceutical 13 company, research sanctioned by the FDA or the National 14 Institutes of Health, or a patient registry established in 15 accordance with FDA regulations. In addition, information 16 concerning the nature or details of services provided to 17 patients may be disclosed for the compilation of medical 18 records used for epidemiological, pharmacoeconomic, or health 19 outcome studies that do not reveal the identity of the 20 patient. 21 (Source: P.A. 86-895; 86-902; 86-1028; 87-334.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.