HB0003ham003 103RD GENERAL ASSEMBLY

Rep. Mary E. Flowers

Filed: 2/24/2023

10300HB0003ham003 LRB103 03564 LNS 58000 a

AMENDMENT TO HOUSE BILL 3

AMENDMENT NO. ______. Amend House Bill 3, AS AMENDED, with reference to page and line numbers of House Amendment No. 2, by replacing line 24 on page 17 through line 13 on page 22 with:

"Section 25. The Medical Patient Rights Act is amended by changing Section 3.4 and by adding Section 3.5 as follows:

(410 ILCS 50/3.4)

Sec. 3.4. Rights of patients women; pregnancy and childbirth.

(a) In addition to any other right provided under this Act, every patient woman has the following rights with regard to pregnancy and childbirth:

(1) The right to receive health care before, during, and after pregnancy and childbirth.

(2) The right to receive care for the patient and the patient's newborn her and her infant that is consistent with all clinical consensus documents, committee statements, committee opinions, and obstetric care consensus documents published or reaffirmed by the American College of Obstetricians and Gynecologists on or after January 1, 2019 generally accepted medical standards.

(3) The right to choose a maternity care provider from the full range of providers available in the patient's community certified nurse midwife or physician as her maternity care professional.

(4) The right to choose the patient's her birth setting from the full range of birthing options available in the patient's her community.

(5) The right to leave the patient's her maternity care professional and select another if the patient she becomes dissatisfied with the quality of the care provided her care, except as otherwise provided by law.

(6) The right to receive information about the names of those health care professionals involved in the patient's her care and the care of the patient's newborn.

(7) The right to privacy and confidentiality of records, except as provided by law.

(8) The right to receive information concerning the patient's her condition and proposed treatment, including methods of relieving pain.

(9) The right to accept or refuse any treatment, to the extent medically possible.

(10) The right to be informed if her caregivers wish to enroll the patient her or the patient's her infant in a research study in accordance with Section 3.1 of this Act.

(11) The right to access the patient's own her medical records in accordance with Section 8-2001 of the Code of Civil Procedure.

(12) The right to receive information in a language in which the patient she can communicate in accordance with federal law.

(13) The right to receive emotional and physical support during labor and birth.

(14) The right to freedom of movement during labor and to give birth in the position of the patient's her choice, to the extent medically possible within generally accepted medical standards.

(15) The right to contact with the patient's her newborn, except where necessary care must be provided to the patient mother or infant.

(16) The right to receive information about breastfeeding.

(17) The right to decide, in consultation collaboratively with the patient's caregivers, when the patient and the patient's newborn she and her baby will leave the birth site for home, based on their conditions and circumstances.

(18) The right to be treated with respect at all times before, during, and after pregnancy by her health care professionals involved in the patient's care or in the care of the patient's newborn.

(19) The right of each patient, regardless of source of payment, to examine and receive a reasonable explanation of the patient's her total bill for services rendered by the patient's her maternity care professional or health care provider, including itemized charges for specific services received. Each maternity care professional or health care provider shall be responsible only for a reasonable explanation of those specific services provided by the maternity care professional or health care provider.

(b) The Department of Public Health, Department of Healthcare and Family Services, Department of Children and Family Services, and Department of Human Services shall post, either by physical or electronic means, information about these rights on their publicly available websites. Every health care provider, day care center licensed under the Child Care Act of 1969, Head Start, and community center shall post information about these rights in a prominent place and on their websites, if applicable.

(c) The Department of Public Health shall adopt rules to implement this Section.

(d) Nothing in this Section or any rules adopted under subsection (c) shall be construed to require a physician, health care professional, hospital, hospital affiliate, or health care provider to provide care inconsistent with generally accepted medical standards or available capabilities or resources.

(Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.)

(410 ILCS 50/3.5 new)

Sec. 3.5. Disclosure of medical information. Notwithstanding any other provision of law, and except as otherwise provided in this Section, a patient has the right for a physician, health care provider, health services corporation, or insurance company to administer any of the following medical tests without disclosing the results of the test or tests to a State or local law enforcement agency or the Department of Children and Family Services:

(1) Any verbal screening or questioning concerning the drug or alcohol use of a pregnant or postpartum person.

(2) Any toxicology test administered to a person who is pregnant or has given birth within the previous 12 weeks.

(3) Any toxicology test administered to a newborn.

A physician, health care provider, health services corporation, or insurance company who administers a medical test described under paragraph (1), (2), or (3), may disclose the results of the test if a law enforcement agency has successfully obtained and furnished a search warrant issued under Section 108-3 of the Code of Criminal Procedure of 1963.".