Illinois General Assembly - Full Text of HB1004
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Full Text of HB1004  99th General Assembly

HB1004ham001 99TH GENERAL ASSEMBLY

Rep. La Shawn K. Ford

Filed: 4/10/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1004

2    AMENDMENT NO. ______. Amend House Bill 1004 by replacing
3everything after the enacting clause with the following:
 
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7    (Section scheduled to be repealed on July 1, 2016)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9This Section is repealed on July 1, 2026 2016.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14    (Section scheduled to be repealed on July 1, 2016)

 

 

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1    Sec. 27. African-American HIV/AIDS Response Fund.
2    (a) The African-American HIV/AIDS Response Fund is created
3as a special fund in the State treasury. Moneys deposited into
4the Fund shall, subject to appropriation, be used for grants
5for programs to prevent the transmission of HIV and other
6programs and activities consistent with the purposes of this
7Act, including, but not limited to, preventing and treating
8HIV/AIDS, the creation of an HIV/AIDS service delivery system,
9and the administration of the Act. Moneys for the Fund shall
10come from appropriations by the General Assembly, federal
11funds, and other public resources.
12    (b) The Fund shall provide resources for communities in
13Illinois to create an HIV/AIDS service delivery system that
14reduces the disparity of HIV infection and AIDS cases between
15African-Americans and other population groups in Illinois that
16may be impacted by the disease by, including but, not limited
17to:
18        (1) developing, implementing, and maintaining a
19    comprehensive, culturally sensitive HIV Prevention Plan
20    targeting communities that are identified as high-risk in
21    terms of the impact of the disease on African-Americans;
22        (2) developing, implementing, and maintaining a stable
23    HIV/AIDS service delivery infrastructure in Illinois
24    communities that will meet the needs of African-Americans;
25        (3) developing, implementing, and maintaining a
26    statewide HIV/AIDS testing program;

 

 

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1        (4) providing funding for HIV/AIDS social and
2    scientific research to improve prevention and treatment;
3        (5) providing comprehensive technical and other
4    assistance to African-American community service
5    organizations that are involved in HIV/AIDS prevention and
6    treatment;
7        (6) developing, implementing, and maintaining an
8    infrastructure for African-American community service
9    organizations to make them less dependent on government
10    resources; and
11        (7) creating and maintaining at least 17 one-stop
12    shopping HIV/AIDS facilities across the State.
13    (c) When providing grants pursuant to this Fund, the
14Department of Public Health shall give priority to the
15development of comprehensive medical and social services to
16African-Americans at risk of infection from or infected with
17HIV/AIDS in areas of the State determined to have the greatest
18geographic prevalence of HIV/AIDS in the African-American
19population.
20    (d) The Section is repealed on July 1, 2026 2016.
21(Source: P.A. 94-797, eff. 1-1-07.)
 
22    Section 15. The AIDS Confidentiality Act is amended by
23changing Sections 3, 4, and 9 as follows:
 
24    (410 ILCS 305/3)  (from Ch. 111 1/2, par. 7303)

 

 

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1    Sec. 3. Definitions. When used in this Act:
2    (a) "AIDS" means acquired immunodeficiency syndrome.
3    (b) "Authority" means the Illinois Health Information
4Exchange Authority established pursuant to the Illinois Health
5Information Exchange and Technology Act.
6    (c) "Business associate" has the meaning ascribed to it
7under HIPAA, as specified in 45 CFR 160.103.
8    (d) "Covered entity" has the meaning ascribed to it under
9HIPAA, as specified in 45 CFR 160.103.
10    (e) "De-identified information" means health information
11that is not individually identifiable as described under HIPAA,
12as specified in 45 CFR 164.514(b).
13    (f) "Department" means the Illinois Department of Public
14Health or its designated agents.
15    (g) "Disclosure" has the meaning ascribed to it under
16HIPAA, as specified in 45 CFR 160.103.
17    (h) "Health care operations" has the meaning ascribed to it
18under HIPAA, as specified in 45 CFR 164.501.
19    (i) "Health care professional" means (i) a licensed
20physician, (ii) a physician assistant to whom the physician
21assistant's supervising physician has delegated the provision
22of AIDS and HIV-related health services, (iii) an advanced
23practice registered nurse who has a written collaborative
24agreement with a collaborating physician which authorizes the
25provision of AIDS and HIV-related health services, (iv) an
26advanced practice nurse or physician assistant who practices in

 

 

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1a hospital or ambulatory surgical treatment center and
2possesses appropriate clinical privileges, (v) a licensed
3dentist, (vi) (v) a licensed podiatric physician, or (vii) (vi)
4an individual certified to provide HIV testing and counseling
5by a state or local public health department.
6    (j) "Health care provider" has the meaning ascribed to it
7under HIPAA, as specified in 45 CFR 160.103.
8    (k) "Health facility" means a hospital, nursing home, blood
9bank, blood center, sperm bank, or other health care
10institution, including any "health facility" as that term is
11defined in the Illinois Finance Authority Act.
12    (l) "Health information exchange" or "HIE" means a health
13information exchange or health information organization that
14oversees and governs the electronic exchange of health
15information that (i) is established pursuant to the Illinois
16Health Information Exchange and Technology Act, or any
17subsequent amendments thereto, and any administrative rules
18adopted thereunder; (ii) has established a data sharing
19arrangement with the Authority; or (iii) as of August 16, 2013,
20was designated by the Authority Board as a member of, or was
21represented on, the Authority Board's Regional Health
22Information Exchange Workgroup; provided that such designation
23shall not require the establishment of a data sharing
24arrangement or other participation with the Illinois Health
25Information Exchange or the payment of any fee. In certain
26circumstances, in accordance with HIPAA, an HIE will be a

 

 

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1business associate.
2    (m) "Health oversight agency" has the meaning ascribed to
3it under HIPAA, as specified in 45 CFR 164.501.
4    (n) "HIPAA" means the Health Insurance Portability and
5Accountability Act of 1996, Public Law 104-191, as amended by
6the Health Information Technology for Economic and Clinical
7Health Act of 2009, Public Law 111-05, and any subsequent
8amendments thereto and any regulations promulgated thereunder.
9    (o) "HIV" means the human immunodeficiency virus.
10    (p) "HIV-related information" means the identity of a
11person upon whom an HIV test is performed, the results of an
12HIV test, as well as diagnosis, treatment, and prescription
13information that reveals a patient is HIV-positive, including
14such information contained in a limited data set. "HIV-related
15information" does not include information that has been
16de-identified in accordance with HIPAA.
17    (q) "Informed consent" means:
18        (1) a process by which an individual or their legal
19    representative receives pre-test information, has an
20    opportunity to ask questions, and consents verbally or in
21    writing to the test without undue inducement or any element
22    of force, fraud, deceit, duress, or other form of
23    constraint or coercion; or
24        (2) where a health facility has implemented opt-out
25    testing, the individual or their legal representative has
26    been notified verbally or in writing that the test is

 

 

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

 

 

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

 

 

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1in 45 CFR 164.502(b) and 164.514(d).
2    (t) "Organized health care arrangement" has the meaning
3ascribed to it under HIPAA, as specified in 45 CFR 160.103.
4    (u) "Patient safety activities" has the meaning ascribed to
5it under 42 CFR 3.20.
6    (v) "Payment" has the meaning ascribed to it under HIPAA,
7as specified in 45 CFR 164.501.
8    (w) "Person" includes any natural person, partnership,
9association, joint venture, trust, governmental entity, public
10or private corporation, health facility, or other legal entity.
11    (w-5) "Pre-test information" means:
12        (1) a reasonable explanation of the test, including its
13    purpose, potential uses, limitations, and the meaning of
14    its results; and
15        (2) a reasonable explanation of the procedures to be
16    followed, including the voluntary nature of the test, the
17    availability of a qualified person to answer questions, the
18    right to withdraw consent to the testing process at any
19    time, the right to anonymity to the extent provided by law
20    with respect to participation in the test and disclosure of
21    test results, and the right to confidential treatment of
22    information identifying the subject of the test and the
23    results of the test, to the extent provided by law.
24    Pre-test information may be provided in writing, verbally,
25or by video, electronic, or other means and may be provided as
26designated by the supervising health care professional or the

 

 

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1health facility.
2    For the purposes of this definition, a qualified person to
3answer questions is a health care professional or, when acting
4under the supervision of a health care professional, a
5registered nurse, medical assistant, or other person
6determined to be sufficiently knowledgeable about HIV testing,
7its purpose, potential uses, limitations, the meaning of the
8test results, and the testing procedures in the professional
9judgment of a supervising health care professional or as
10designated by a health care facility.
11    (x) "Protected health information" has the meaning
12ascribed to it under HIPAA, as specified in 45 CFR 160.103.
13    (y) "Research" has the meaning ascribed to it under HIPAA,
14as specified in 45 CFR 164.501.
15    (z) "State agency" means an instrumentality of the State of
16Illinois and any instrumentality of another state that,
17pursuant to applicable law or a written undertaking with an
18instrumentality of the State of Illinois, is bound to protect
19the privacy of HIV-related information of Illinois persons.
20    (aa) "Test" or "HIV test" means a test to determine the
21presence of the antibody or antigen to HIV, or of HIV
22infection.
23    (bb) "Treatment" has the meaning ascribed to it under
24HIPAA, as specified in 45 CFR 164.501.
25    (cc) "Use" has the meaning ascribed to it under HIPAA, as
26specified in 45 CFR 160.103, where context dictates.

 

 

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1(Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15.)
 
2    (410 ILCS 305/4)  (from Ch. 111 1/2, par. 7304)
3    Sec. 4. Informed consent. No person may order an HIV test
4without first providing pre-test information, as defined under
5subsection (w-5) of Section 3 of this Act, and receiving the
6documented informed consent of the subject of the test or the
7subject's legally authorized representative in accordance with
8paragraph (1) or (2) of subsection (q) of Section 3 of this
9Act. Health care facilities or providers obtaining informed
10consent pursuant to paragraph (1) of subsection (q) of Section
113 shall document verbal or written consent in the general
12consent for medical care, a separate consent form, or elsewhere
13in the medical record. Health care facilities or providers
14offering opt-out testing pursuant to paragraph (2) of
15subsection (q) of Section 3 shall document the subject's or the
16subject's legally authorized representative's declination of
17the test in the medical record and shall establish and document
18their procedure for providing pre-test information, as that
19term is defined under subsection (w-5) of Section 3 of this
20Act. A health care facility or provider may offer opt-out HIV
21testing where the subject or the subject's legally authorized
22representative is informed that the subject will be tested for
23HIV unless he or she refuses. The health care facility or
24provider must document the provision of informed consent,
25including pre-test information, and whether the subject or the

 

 

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1subject's legally authorized representative declined the offer
2of HIV testing.
3(Source: P.A. 95-7, eff. 6-1-08.)
 
4    (410 ILCS 305/9)  (from Ch. 111 1/2, par. 7309)
5    Sec. 9. (1) No person may disclose or be compelled to
6disclose HIV-related information, except to the following
7persons:
8        (a) The subject of an HIV test or the subject's legally
9    authorized representative. A physician may notify the
10    spouse or civil union partner of the test subject, if the
11    test result is positive and has been confirmed pursuant to
12    rules adopted by the Department, provided that the
13    physician has first sought unsuccessfully to persuade the
14    patient to notify the spouse or civil union partner or
15    that, a reasonable time after the patient has agreed to
16    make the notification, the physician has reason to believe
17    that the patient has not provided the notification. This
18    paragraph shall not create a duty or obligation under which
19    a physician must notify the spouse or civil union partner
20    of the test results, nor shall such duty or obligation be
21    implied. No civil liability or criminal sanction under this
22    Act shall be imposed for any disclosure or non-disclosure
23    of a test result to a spouse or civil union partner by a
24    physician acting in good faith under this paragraph. For
25    the purpose of any proceedings, civil or criminal, the good

 

 

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1    faith of any physician acting under this paragraph shall be
2    presumed.
3        (b) Any person designated in a legally effective
4    authorization for release of the HIV-related information
5    executed by the subject of the HIV-related information or
6    the subject's legally authorized representative.
7        (c) An authorized agent or employee of a health
8    facility or health care provider if the health facility or
9    health care provider itself is authorized to obtain the
10    test results, the agent or employee provides patient care
11    or handles or processes specimens of body fluids or
12    tissues, and the agent or employee has a need to know such
13    information.
14        (d) The Department and local health authorities
15    serving a population of over 1,000,000 residents or other
16    local health authorities as designated by the Department,
17    in accordance with rules for reporting, preventing, and
18    controlling the spread of disease and the conduct of public
19    health surveillance, public health investigations, and
20    public health interventions, as otherwise provided by
21    State law. The Department, local health authorities, and
22    authorized representatives shall not disclose HIV test
23    results and HIV-related information, publicly or in any
24    action of any kind in any court or before any tribunal,
25    board, or agency. HIV test results and HIV-related
26    information shall be protected from disclosure in

 

 

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1    accordance with the provisions of Sections 8-2101 through
2    8-2105 of the Code of Civil Procedure.
3        (e) A health facility, health care provider, or health
4    care professional which procures, processes, distributes
5    or uses: (i) a human body part from a deceased person with
6    respect to medical information regarding that person; or
7    (ii) semen provided prior to the effective date of this Act
8    for the purpose of artificial insemination.
9        (f) Health facility staff committees for the purposes
10    of conducting program monitoring, program evaluation or
11    service reviews.
12        (f-5) A court in accordance with the provisions of
13    Section 12-5.01 of the Criminal Code of 2012.
14        (g) (Blank).
15        (h) Any health care provider, health care
16    professional, or employee of a health facility, and any
17    firefighter or EMR, EMT, A-EMT, paramedic, PHRN, or EMT-I,
18    involved in an accidental direct skin or mucous membrane
19    contact with the blood or bodily fluids of an individual
20    which is of a nature that may transmit HIV, as determined
21    by a physician in his medical judgment.
22        (i) Any law enforcement officer, as defined in
23    subsection (c) of Section 7, involved in the line of duty
24    in a direct skin or mucous membrane contact with the blood
25    or bodily fluids of an individual which is of a nature that
26    may transmit HIV, as determined by a physician in his

 

 

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1    medical judgment.
2        (j) A temporary caretaker of a child taken into
3    temporary protective custody by the Department of Children
4    and Family Services pursuant to Section 5 of the Abused and
5    Neglected Child Reporting Act, as now or hereafter amended.
6        (k) In the case of a minor under 18 years of age whose
7    test result is positive and has been confirmed pursuant to
8    rules adopted by the Department, the health care
9    professional who ordered the test shall make a reasonable
10    effort to notify the minor's parent or legal guardian if,
11    in the professional judgment of the health care
12    professional, notification would be in the best interest of
13    the child and the health care professional has first sought
14    unsuccessfully to persuade the minor to notify the parent
15    or legal guardian or a reasonable time after the minor has
16    agreed to notify the parent or legal guardian, the health
17    care professional has reason to believe that the minor has
18    not made the notification. This subsection shall not create
19    a duty or obligation under which a health care professional
20    must notify the minor's parent or legal guardian of the
21    test results, nor shall a duty or obligation be implied. No
22    civil liability or criminal sanction under this Act shall
23    be imposed for any notification or non-notification of a
24    minor's test result by a health care professional acting in
25    good faith under this subsection. For the purpose of any
26    proceeding, civil or criminal, the good faith of any health

 

 

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1    care professional acting under this subsection shall be
2    presumed.
3    (2) All information and records held by a State agency,
4local health authority, or health oversight agency pertaining
5to HIV-related information shall be strictly confidential and
6exempt from copying and inspection under the Freedom of
7Information Act. The information and records shall not be
8released or made public by the State agency, local health
9authority, or health oversight agency, shall not be admissible
10as evidence nor discoverable in any action of any kind in any
11court or before any tribunal, board, agency, or person, and
12shall be treated in the same manner as the information and
13those records subject to the provisions of Part 21 of Article
14VIII of the Code of Civil Procedure, except under the following
15circumstances:
16        (A) when made with the written consent of all persons
17    to whom the information pertains; or
18        (B) when authorized by Section 5-4-3 of the Unified
19    Code of Corrections.
20    Disclosure shall be limited to those who have a need to
21know the information, and no additional disclosures may be
22made.
23(Source: P.A. 97-1046, eff. 8-21-12; 97-1150, eff. 1-25-13;
2498-973, eff. 8-15-14; 98-1046, eff. 1-1-15; revised 10-1-14.)
 
25    (410 ILCS 305/5 rep.)

 

 

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1    Section 20. The AIDS Confidentiality Act is amended by
2repealing Section 5.".