HB5794 94TH GENERAL ASSEMBLY

LRB094 20696 RAS 59011 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5794

Introduced 07/18/06, by Rep. Monique D. Davis

SYNOPSIS AS INTRODUCED:

New Act

Creates the Licensed Health Care Worker Patient Confidentiality Act. Provides that a health care worker shall refrain from disclosing to any unauthorized party any patient information deemed personal or confidential by federal or State law or by rule of the Department of Financial and Professional Regulation, including without limitation the nature or details of services provided to patients. Provides that any violation of any provision of the Act shall serve as grounds for disciplinary action concerning the worker's license, certificate, or certificate of registration and that a civil penalty shall be imposed upon any licensed, certified, or registered health care worker found to be in violation of any provision of the Act. Grants rulemaking authority to the Department.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Licensed Health Care Worker Patient Confidentiality Act.

Section 5. Definitions. In this Act:

"Department" means the Department of Financial and Professional Regulation.

"Health care worker" means any individual licensed, certified, or registered under the laws of this State to provide, on an inpatient or outpatient basis, preventive, diagnostic, convalescent, rehabilitation, mental health, or therapeutic health care services. "Health care worker" includes any individual employed by a general or special hospital, skilled nursing home, extended care facility, intermediate care facility, or mental health center who provides health care services for which licensure, certification, or registration is required under the laws of this State and who possesses such license, certificate, or certificate of registration.

Section 10. Patient confidentiality required.

(a) For the purposes of this Section, "authorized party" includes the patient, the party making treatment decisions if the patient is incapable of making decisions regarding the health services provided, those parties directly involved with providing treatment to the patient or processing the payment for that treatment, those parties responsible for peer review, utilization review, and quality assurance, and those parties required to be notified under the Abused and Neglected Child Reporting Act, the Illinois Sexually Transmissible Disease Control Act, or where otherwise authorized or required by law.

(b) A health care worker shall refrain from disclosing to any unauthorized party any patient information deemed personal or confidential by federal or State law or by Department rule, including without limitation the nature or details of services provided to patients.

Section 15. Violations; administrative penalty.

(a) Any violation of any provision of this Act by a health care worker shall serve as grounds for disciplinary action concerning the worker's license, certificate, or certificate of registration.

(b) A civil penalty of an amount determined by the Department shall be imposed upon any health care worker found to be in violation of any provision of this Act.

Section 20. Rulemaking. The Department shall adopt all rules necessary for the implementation and administration of this Act.