HB1004 EngrossedLRB099 04835 JLK 24864 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 State Finance Act is amended by changing
5Section 5.666 as follows:
 
6    (30 ILCS 105/5.666)
7    (Section scheduled to be repealed on July 1, 2016)
8    Sec. 5.666. The African-American HIV/AIDS Response Fund.
9This Section is repealed on July 1, 2026 2016.
10(Source: P.A. 94-797, eff. 1-1-07; 95-331, eff. 8-21-07.)
 
11    Section 10. The African-American HIV/AIDS Response Act is
12amended by changing Section 27 as follows:
 
13    (410 ILCS 303/27)
14    (Section scheduled to be repealed on July 1, 2016)
15    Sec. 27. African-American HIV/AIDS Response Fund.
16    (a) The African-American HIV/AIDS Response Fund is created
17as a special fund in the State treasury. Moneys deposited into
18the Fund shall, subject to appropriation, be used for grants
19for programs to prevent the transmission of HIV and other
20programs and activities consistent with the purposes of this
21Act, including, but not limited to, preventing and treating

 

 

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1HIV/AIDS, the creation of an HIV/AIDS service delivery system,
2and the administration of the Act. Moneys for the Fund shall
3come from appropriations by the General Assembly, federal
4funds, and other public resources.
5    (b) The Fund shall provide resources for communities in
6Illinois to create an HIV/AIDS service delivery system that
7reduces the disparity of HIV infection and AIDS cases between
8African-Americans and other population groups in Illinois that
9may be impacted by the disease by, including but, not limited
10to:
11        (1) developing, implementing, and maintaining a
12    comprehensive, culturally sensitive HIV Prevention Plan
13    targeting communities that are identified as high-risk in
14    terms of the impact of the disease on African-Americans;
15        (2) developing, implementing, and maintaining a stable
16    HIV/AIDS service delivery infrastructure in Illinois
17    communities that will meet the needs of African-Americans;
18        (3) developing, implementing, and maintaining a
19    statewide HIV/AIDS testing program;
20        (4) providing funding for HIV/AIDS social and
21    scientific research to improve prevention and treatment;
22        (5) providing comprehensive technical and other
23    assistance to African-American community service
24    organizations that are involved in HIV/AIDS prevention and
25    treatment;
26        (6) developing, implementing, and maintaining an

 

 

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1    infrastructure for African-American community service
2    organizations to make them less dependent on government
3    resources; and
4        (7) creating and maintaining at least 17 one-stop
5    shopping HIV/AIDS facilities across the State.
6    (c) When providing grants pursuant to this Fund, the
7Department of Public Health shall give priority to the
8development of comprehensive medical and social services to
9African-Americans at risk of infection from or infected with
10HIV/AIDS in areas of the State determined to have the greatest
11geographic prevalence of HIV/AIDS in the African-American
12population.
13    (d) The Section is repealed on July 1, 2026 2016.
14(Source: P.A. 94-797, eff. 1-1-07.)
 
15    Section 15. The AIDS Confidentiality Act is amended by
16changing Sections 3, 4, and 9 as follows:
 
17    (410 ILCS 305/3)  (from Ch. 111 1/2, par. 7303)
18    Sec. 3. Definitions. When used in this Act:
19    (a) "AIDS" means acquired immunodeficiency syndrome.
20    (b) "Authority" means the Illinois Health Information
21Exchange Authority established pursuant to the Illinois Health
22Information Exchange and Technology Act.
23    (c) "Business associate" has the meaning ascribed to it
24under HIPAA, as specified in 45 CFR 160.103.

 

 

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1    (d) "Covered entity" has the meaning ascribed to it under
2HIPAA, as specified in 45 CFR 160.103.
3    (e) "De-identified information" means health information
4that is not individually identifiable as described under HIPAA,
5as specified in 45 CFR 164.514(b).
6    (f) "Department" means the Illinois Department of Public
7Health or its designated agents.
8    (g) "Disclosure" has the meaning ascribed to it under
9HIPAA, as specified in 45 CFR 160.103.
10    (h) "Health care operations" has the meaning ascribed to it
11under HIPAA, as specified in 45 CFR 164.501.
12    (i) "Health care professional" means (i) a licensed
13physician, (ii) a physician assistant to whom the physician
14assistant's supervising physician has delegated the provision
15of AIDS and HIV-related health services, (iii) an advanced
16practice registered nurse who has a written collaborative
17agreement with a collaborating physician which authorizes the
18provision of AIDS and HIV-related health services, (iv) an
19advanced practice nurse or physician assistant who practices in
20a hospital or ambulatory surgical treatment center and
21possesses appropriate clinical privileges, (v) a licensed
22dentist, (vi) (v) a licensed podiatric physician, or (vii) (vi)
23an individual certified to provide HIV testing and counseling
24by a state or local public health department.
25    (j) "Health care provider" has the meaning ascribed to it
26under HIPAA, as specified in 45 CFR 160.103.

 

 

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1    (k) "Health facility" means a hospital, nursing home, blood
2bank, blood center, sperm bank, or other health care
3institution, including any "health facility" as that term is
4defined in the Illinois Finance Authority Act.
5    (l) "Health information exchange" or "HIE" means a health
6information exchange or health information organization that
7oversees and governs the electronic exchange of health
8information that (i) is established pursuant to the Illinois
9Health Information Exchange and Technology Act, or any
10subsequent amendments thereto, and any administrative rules
11adopted thereunder; (ii) has established a data sharing
12arrangement with the Authority; or (iii) as of August 16, 2013,
13was designated by the Authority Board as a member of, or was
14represented on, the Authority Board's Regional Health
15Information Exchange Workgroup; provided that such designation
16shall not require the establishment of a data sharing
17arrangement or other participation with the Illinois Health
18Information Exchange or the payment of any fee. In certain
19circumstances, in accordance with HIPAA, an HIE will be a
20business associate.
21    (m) "Health oversight agency" has the meaning ascribed to
22it under HIPAA, as specified in 45 CFR 164.501.
23    (n) "HIPAA" means the Health Insurance Portability and
24Accountability Act of 1996, Public Law 104-191, as amended by
25the Health Information Technology for Economic and Clinical
26Health Act of 2009, Public Law 111-05, and any subsequent

 

 

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1amendments thereto and any regulations promulgated thereunder.
2    (o) "HIV" means the human immunodeficiency virus.
3    (p) "HIV-related information" means the identity of a
4person upon whom an HIV test is performed, the results of an
5HIV test, as well as diagnosis, treatment, and prescription
6information that reveals a patient is HIV-positive, including
7such information contained in a limited data set. "HIV-related
8information" does not include information that has been
9de-identified in accordance with HIPAA.
10    (q) "Informed consent" means:
11        (1) where a health care provider, health care
12    professional, or health facility has implemented opt-in
13    testing, a process by which an individual or their legal
14    representative receives pre-test information, has an
15    opportunity to ask questions, and consents verbally or in
16    writing to the test without undue inducement or any element
17    of force, fraud, deceit, duress, or other form of
18    constraint or coercion; or
19        (2) where a health care provider, health care
20    professional, or health facility has implemented opt-out
21    testing, the individual or their legal representative has
22    been notified verbally or in writing that the test is
23    planned, has received pre-test information, has been given
24    the opportunity to ask questions and the opportunity to
25    decline testing, and has not declined testing; where such
26    notice is provided, consent for opt-out HIV testing may be

 

 

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1    incorporated into the patient's general consent for
2    medical care on the same basis as are other screening or
3    diagnostic tests; a separate consent for opt-out HIV
4    testing is not required. a written or verbal agreement by
5    the subject of a test or the subject's legally authorized
6    representative without undue inducement or any element of
7    force, fraud, deceit, duress, or other form of constraint
8    or coercion, which entails at least the following pre-test
9    information:
10        (1) a fair explanation of the test, including its
11    purpose, potential uses, limitations, and the meaning of
12    its results;
13        (2) a fair explanation of the procedures to be
14    followed, including the voluntary nature of the test, the
15    right to withdraw consent to the testing process at any
16    time, the right to anonymity to the extent provided by law
17    with respect to participation in the test and disclosure of
18    test results, and the right to confidential treatment of
19    information identifying the subject of the test and the
20    results of the test, to the extent provided by law; and
21    In addition, (3) where the person providing informed
22consent is a participant in an HIE, informed consent requires a
23fair explanation that the results of the patient's HIV test
24will be accessible through an HIE and meaningful disclosure of
25the patient's opt-out right under Section 9.6 of this Act.
26    A health care provider, health care professional, or health

 

 

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1facility undertaking an informed consent process for HIV
2testing under this subsection may combine a form used to obtain
3informed consent for HIV testing with forms used to obtain
4written consent for general medical care or any other medical
5test or procedure, provided that the forms make it clear that
6the subject may consent to general medical care, tests, or
7procedures without being required to consent to HIV testing,
8and clearly explain how the subject may decline HIV testing.
9Health facility clerical staff or other staff responsible for
10the consent form for general medical care may obtain consent
11for HIV testing through a general consent form.
12    Pre-test information may be provided in writing, verbally,
13or by video, electronic, or other means. The subject must be
14offered an opportunity to ask questions about the HIV test and
15decline testing. Nothing in this Act shall prohibit a health
16care provider or health care professional from combining a form
17used to obtain informed consent for HIV testing with forms used
18to obtain written consent for general medical care or any other
19medical test or procedure provided that the forms make it clear
20that the subject may consent to general medical care, tests, or
21medical procedures without being required to consent to HIV
22testing and clearly explain how the subject may opt out of HIV
23testing.
24    (r) "Limited data set" has the meaning ascribed to it under
25HIPAA, as described in 45 CFR 164.514(e)(2).
26    (s) "Minimum necessary" means the HIPAA standard for using,

 

 

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1disclosing, and requesting protected health information found
2in 45 CFR 164.502(b) and 164.514(d).
3    (s-1) "Opt-in testing" means an approach where an HIV test
4is presented by offering the test and the patient accepts or
5declines testing.
6    (s-3) "Opt-out testing" means an approach where an HIV test
7is presented such that a patient is notified that HIV testing
8may occur unless the patient declines.
9    (t) "Organized health care arrangement" has the meaning
10ascribed to it under HIPAA, as specified in 45 CFR 160.103.
11    (u) "Patient safety activities" has the meaning ascribed to
12it under 42 CFR 3.20.
13    (v) "Payment" has the meaning ascribed to it under HIPAA,
14as specified in 45 CFR 164.501.
15    (w) "Person" includes any natural person, partnership,
16association, joint venture, trust, governmental entity, public
17or private corporation, health facility, or other legal entity.
18    (w-5) "Pre-test information" means:
19        (1) a reasonable explanation of the test, including its
20    purpose, potential uses, limitations, and the meaning of
21    its results; and
22        (2) a reasonable explanation of the procedures to be
23    followed, including the voluntary nature of the test, the
24    availability of a qualified person to answer questions, the
25    right to withdraw consent to the testing process at any
26    time, the right to anonymity to the extent provided by law

 

 

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1    with respect to participation in the test and disclosure of
2    test results, and the right to confidential treatment of
3    information identifying the subject of the test and the
4    results of the test, to the extent provided by law.
5    Pre-test information may be provided in writing, verbally,
6or by video, electronic, or other means and may be provided as
7designated by the supervising health care professional or the
8health facility.
9    For the purposes of this definition, a qualified person to
10answer questions is a health care professional or, when acting
11under the supervision of a health care professional, a
12registered nurse, medical assistant, or other person
13determined to be sufficiently knowledgeable about HIV testing,
14its purpose, potential uses, limitations, the meaning of the
15test results, and the testing procedures in the professional
16judgment of a supervising health care professional or as
17designated by a health care facility.
18    (x) "Protected health information" has the meaning
19ascribed to it under HIPAA, as specified in 45 CFR 160.103.
20    (y) "Research" has the meaning ascribed to it under HIPAA,
21as specified in 45 CFR 164.501.
22    (z) "State agency" means an instrumentality of the State of
23Illinois and any instrumentality of another state that,
24pursuant to applicable law or a written undertaking with an
25instrumentality of the State of Illinois, is bound to protect
26the privacy of HIV-related information of Illinois persons.

 

 

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1    (aa) "Test" or "HIV test" means a test to determine the
2presence of the antibody or antigen to HIV, or of HIV
3infection.
4    (bb) "Treatment" has the meaning ascribed to it under
5HIPAA, as specified in 45 CFR 164.501.
6    (cc) "Use" has the meaning ascribed to it under HIPAA, as
7specified in 45 CFR 160.103, where context dictates.
8(Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15.)
 
9    (410 ILCS 305/4)  (from Ch. 111 1/2, par. 7304)
10    Sec. 4. Informed consent. No person may order an HIV test
11without first providing pre-test information, as defined under
12subsection (w-5) of Section 3 of this Act, and receiving the
13documented informed consent of the subject of the test or the
14subject's legally authorized representative in accordance with
15paragraph (1) or (2) of subsection (q) of Section 3 of this
16Act.
17    A health care provider, health care professional, or health
18care facility conducting opt-in testing and obtaining informed
19consent pursuant to paragraph (1) of subsection (q) of Section
203 shall document verbal or written consent in the general
21consent for medical care, a separate consent form, or elsewhere
22in the medical record.
23    A health care provider, health care professional, or health
24care facility conducting opt-out testing pursuant to paragraph
25(2) of subsection (q) of Section 3 shall document the subject's

 

 

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1or the subject's legally authorized representative's
2declination of the test in the medical record. Individual
3documentation of the provision of pre-test information to each
4test subject is not required. A health care provider, health
5care professional, or health facility conducting opt-out
6testing and shall establish and implement a written procedure
7for conducting opt-out testing pursuant to paragraph (2) of
8subsection (q) of Section 3 and for providing pre-test
9information, as that term is defined under subsection (w-5) of
10Section 3 of this Act. A health care facility or provider may
11offer opt-out HIV testing where the subject or the subject's
12legally authorized representative is informed that the subject
13will be tested for HIV unless he or she refuses. The health
14care facility or provider must document the provision of
15informed consent, including pre-test information, and whether
16the subject or the subject's legally authorized representative
17declined the offer of HIV testing.
18(Source: P.A. 95-7, eff. 6-1-08.)
 
19    (410 ILCS 305/9)  (from Ch. 111 1/2, par. 7309)
20    Sec. 9. (1) No person may disclose or be compelled to
21disclose HIV-related information, except to the following
22persons:
23        (a) The subject of an HIV test or the subject's legally
24    authorized representative. A physician may notify the
25    spouse or civil union partner of the test subject, if the

 

 

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1    test result is positive and has been confirmed pursuant to
2    rules adopted by the Department, provided that the
3    physician has first sought unsuccessfully to persuade the
4    patient to notify the spouse or civil union partner or
5    that, a reasonable time after the patient has agreed to
6    make the notification, the physician has reason to believe
7    that the patient has not provided the notification. This
8    paragraph shall not create a duty or obligation under which
9    a physician must notify the spouse or civil union partner
10    of the test results, nor shall such duty or obligation be
11    implied. No civil liability or criminal sanction under this
12    Act shall be imposed for any disclosure or non-disclosure
13    of a test result to a spouse or civil union partner by a
14    physician acting in good faith under this paragraph. For
15    the purpose of any proceedings, civil or criminal, the good
16    faith of any physician acting under this paragraph shall be
17    presumed.
18        (b) Any person designated in a legally effective
19    authorization for release of the HIV-related information
20    executed by the subject of the HIV-related information or
21    the subject's legally authorized representative.
22        (c) An authorized agent or employee of a health
23    facility or health care provider if the health facility or
24    health care provider itself is authorized to obtain the
25    test results, the agent or employee provides patient care
26    or handles or processes specimens of body fluids or

 

 

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1    tissues, and the agent or employee has a need to know such
2    information.
3        (d) The Department and local health authorities
4    serving a population of over 1,000,000 residents or other
5    local health authorities as designated by the Department,
6    in accordance with rules for reporting, preventing, and
7    controlling the spread of disease and the conduct of public
8    health surveillance, public health investigations, and
9    public health interventions, as otherwise provided by
10    State law. The Department, local health authorities, and
11    authorized representatives shall not disclose HIV test
12    results and HIV-related information, publicly or in any
13    action of any kind in any court or before any tribunal,
14    board, or agency. HIV test results and HIV-related
15    information shall be protected from disclosure in
16    accordance with the provisions of Sections 8-2101 through
17    8-2105 of the Code of Civil Procedure.
18        (e) A health facility, health care provider, or health
19    care professional which procures, processes, distributes
20    or uses: (i) a human body part from a deceased person with
21    respect to medical information regarding that person; or
22    (ii) semen provided prior to the effective date of this Act
23    for the purpose of artificial insemination.
24        (f) Health facility staff committees for the purposes
25    of conducting program monitoring, program evaluation or
26    service reviews.

 

 

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1        (f-5) A court in accordance with the provisions of
2    Section 12-5.01 of the Criminal Code of 2012.
3        (g) (Blank).
4        (h) Any health care provider, health care
5    professional, or employee of a health facility, and any
6    firefighter or EMR, EMT, A-EMT, paramedic, PHRN, or EMT-I,
7    involved in an accidental direct skin or mucous membrane
8    contact with the blood or bodily fluids of an individual
9    which is of a nature that may transmit HIV, as determined
10    by a physician in his medical judgment.
11        (i) Any law enforcement officer, as defined in
12    subsection (c) of Section 7, involved in the line of duty
13    in a direct skin or mucous membrane contact with the blood
14    or bodily fluids of an individual which is of a nature that
15    may transmit HIV, as determined by a physician in his
16    medical judgment.
17        (j) A temporary caretaker of a child taken into
18    temporary protective custody by the Department of Children
19    and Family Services pursuant to Section 5 of the Abused and
20    Neglected Child Reporting Act, as now or hereafter amended.
21        (k) In the case of a minor under 18 years of age whose
22    test result is positive and has been confirmed pursuant to
23    rules adopted by the Department, the health care
24    professional who ordered the test shall make a reasonable
25    effort to notify the minor's parent or legal guardian if,
26    in the professional judgment of the health care

 

 

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1    professional, notification would be in the best interest of
2    the child and the health care professional has first sought
3    unsuccessfully to persuade the minor to notify the parent
4    or legal guardian or a reasonable time after the minor has
5    agreed to notify the parent or legal guardian, the health
6    care professional has reason to believe that the minor has
7    not made the notification. This subsection shall not create
8    a duty or obligation under which a health care professional
9    must notify the minor's parent or legal guardian of the
10    test results, nor shall a duty or obligation be implied. No
11    civil liability or criminal sanction under this Act shall
12    be imposed for any notification or non-notification of a
13    minor's test result by a health care professional acting in
14    good faith under this subsection. For the purpose of any
15    proceeding, civil or criminal, the good faith of any health
16    care professional acting under this subsection shall be
17    presumed.
18    (2) All information and records held by a State agency,
19local health authority, or health oversight agency pertaining
20to HIV-related information shall be strictly confidential and
21exempt from copying and inspection under the Freedom of
22Information Act. The information and records shall not be
23released or made public by the State agency, local health
24authority, or health oversight agency, shall not be admissible
25as evidence nor discoverable in any action of any kind in any
26court or before any tribunal, board, agency, or person, and

 

 

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1shall be treated in the same manner as the information and
2those records subject to the provisions of Part 21 of Article
3VIII of the Code of Civil Procedure, except under the following
4circumstances:
5        (A) when made with the written consent of all persons
6    to whom the information pertains; or
7        (B) when authorized by Section 5-4-3 of the Unified
8    Code of Corrections.
9    Disclosure shall be limited to those who have a need to
10know the information, and no additional disclosures may be
11made.
12(Source: P.A. 97-1046, eff. 8-21-12; 97-1150, eff. 1-25-13;
1398-973, eff. 8-15-14; 98-1046, eff. 1-1-15; revised 10-1-14.)
 
14    (410 ILCS 305/5 rep.)
15    Section 20. The AIDS Confidentiality Act is amended by
16repealing Section 5.