Illinois General Assembly - Full Text of HB5115
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB5115  103rd General Assembly

HB5115 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5115

 

Introduced 2/8/2024, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
110 ILCS 330/8j new
210 ILCS 85/6.35 new
410 ILCS 50/3.5 new

    Amends the University of Illinois Hospital Act and the Hospital Licensing Act. Provides that before using any diagnostic algorithm to diagnose a patient, a hospital must first confirm that the diagnostic algorithm has been certified by the Department of Public Health and the Department of Innovation and Technology, has been shown to achieve as or more accurate diagnostic results than other diagnostic means, and is not the only method of diagnosis available to a patient. Sets forth provisions concerning certification of the diagnostic algorithm and annual reporting by the proprietor of the diagnostic algorithm. Amends the Medical Patient Rights Act. Provides that a patient has the right to be told when a diagnostic algorithm will be used to diagnose them. Provides that before a diagnostic algorithm is used to diagnose a patient, the patient must first be presented with the option of being diagnosed without the diagnostic algorithm and consent to the diagnostic algorithm's use.


LRB103 35748 JAG 65829 b

 

 

A BILL FOR

 

HB5115LRB103 35748 JAG 65829 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 University of Illinois Hospital Act is
5amended by adding Section 8j as follows:
 
6    (110 ILCS 330/8j new)
7    Sec. 8j. Diagnostic algorithm.
8    (a) Before using any diagnostic algorithm to diagnose a
9patient, the University of Illinois Hospital must first
10confirm all of the following:
11        (1) The diagnostic algorithm has been certified by the
12    Department of Public Health and the Department of
13    Innovation and Technology.
14        (2) The diagnostic algorithm has been shown to achieve
15    as or more accurate diagnostic results than other
16    diagnostic means.
17        (3) The diagnostic algorithm is not the only method of
18    diagnosis available to a patient.
19    (b) In order for a diagnostic algorithm to be certified by
20the Department of Public Health and the Department of
21Innovation and Technology, the proprietor of the diagnostic
22algorithm and associated software must regularly evaluate the
23diagnostic algorithm for biases and discrimination against

 

 

HB5115- 2 -LRB103 35748 JAG 65829 b

1protected categories of groups under the Illinois Human Rights
2Act and report its findings on an annual basis to the
3Department of Public Health and the Department of Innovation
4and Technology.
5    (c) Within 3 months after receipt of the report of the
6proprietor of the diagnostic algorithm under subsection (b),
7the Department of Public Health and the Department of
8Innovation and Technology must review the findings and may
9open further investigations by a third party when deemed
10appropriate. If the Department of Public Health and the
11Department of Innovation and Technology find that the
12diagnostic algorithm has perpetuated biases and discrimination
13against protected categories of groups under the Illinois
14Human Rights Act, the proprietor must take prompt action to
15ensure the biases and discrimination are addressed, as
16determined by the Department of Public Health and the
17Department of Innovation and Technology, within 3 months after
18the finding. If the biases and discrimination are not
19addressed within 3 months after the finding, the Department of
20Public Health and the Department of Innovation and Technology
21shall revoke the diagnostic algorithm's certification until
22the biases and discrimination are addressed, as determined by
23the Department of Public Health and Department of Innovation
24and Technology.
 
25    Section 10. The Hospital Licensing Act is amended by

 

 

HB5115- 3 -LRB103 35748 JAG 65829 b

1adding Section 6.35 as follows:
 
2    (210 ILCS 85/6.35 new)
3    Sec. 6.35. Diagnostic algorithm.
4    (a) Before using any diagnostic algorithm to diagnose a
5patient, a hospital licensed under this Act must first confirm
6all of the following:
7        (1) The diagnostic algorithm has been certified by the
8    Department of Public Health and the Department of
9    Innovation and Technology.
10        (2) The diagnostic algorithm has been shown to achieve
11    as or more accurate diagnostic results than other
12    diagnostic means.
13        (3) The diagnostic algorithm is not the only method of
14    diagnosis available to a patient.
15    (b) In order for a diagnostic algorithm to be certified by
16the Department of Public Health and the Department of
17Innovation and Technology, the proprietor of the diagnostic
18algorithm and associated software must regularly evaluate the
19diagnostic algorithm for biases and discrimination against
20protected categories of groups under the Illinois Human Rights
21Act and report its findings on an annual basis to the
22Department of Public Health and the Department of Innovation
23and Technology.
24    (c) Within 3 months after receipt of the report of the
25proprietor of the diagnostic algorithm under subsection (b),

 

 

HB5115- 4 -LRB103 35748 JAG 65829 b

1the Department of Public Health and the Department of
2Innovation and Technology must review the findings and may
3open further investigations by a third party when deemed
4appropriate. If the Department of Public Health and the
5Department of Innovation and Technology find that the
6diagnostic algorithm has perpetuated biases and discrimination
7against protected categories of groups under the Illinois
8Human Rights Act, the proprietor must take prompt action to
9ensure the biases and discrimination are addressed, as
10determined by the Department of Public Health and the
11Department of Innovation and Technology, within 3 months after
12the finding. If the biases and discrimination are not
13addressed within 3 months after the finding, the Department of
14Public Health and the Department of Innovation and Technology
15shall revoke the diagnostic algorithm's certification until
16the biases and discrimination are addressed, as determined by
17the Department of Public Health and Department of Innovation
18and Technology.
 
19    Section 15. The Medical Patient Rights Act is amended by
20adding Section 3.5 as follows:
 
21    (410 ILCS 50/3.5 new)
22    Sec. 3.5. Diagnostic algorithm. A patient has the right to
23be told when a diagnostic algorithm will be used to diagnose
24him or her. Before a diagnostic algorithm is used to diagnose a

 

 

HB5115- 5 -LRB103 35748 JAG 65829 b

1patient, the patient must first:
2        (1) be presented with the option of being diagnosed
3    without the diagnostic algorithm; and
4        (2) consent to the diagnostic algorithm's use.