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91_HB2076
LRB9102809DJcd
1 AN ACT to amend the Medical Patient Rights Act by
2 changing Section 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Medical Patient Rights Act is amended by
6 changing Section 3 as follows:
7 (410 ILCS 50/3) (from Ch. 111 1/2, par. 5403)
8 Sec. 3. The following rights are hereby established:
9 (a) The right of each patient to care consistent with
10 sound nursing and medical practices, to be informed of the
11 name of the physician responsible for coordinating his or her
12 care, to receive information concerning his or her condition
13 and proposed treatment, to refuse any treatment to the extent
14 permitted by law, and to privacy and confidentiality of
15 records except as otherwise provided by law.
16 (b) The right of each patient, regardless of source of
17 payment, to examine and receive a reasonable explanation of
18 his total bill for services rendered by his physician or
19 health care provider, including the itemized charges for
20 specific services received. Each physician or health care
21 provider shall be responsible only for a reasonable
22 explanation of those specific services provided by such
23 physician or health care provider.
24 (c) In the event an insurance company or health services
25 corporation cancels or refuses to renew an individual policy
26 or plan, the insured patient shall be entitled to timely,
27 prior notice of the termination of such policy or plan.
28 An insurance company or health services corporation that
29 requires any insured patient or applicant for new or
30 continued insurance or coverage to be tested for infection
31 with human immunodeficiency virus (HIV) or any other
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1 identified causative agent of acquired immunodeficiency
2 syndrome (AIDS) shall (1) give the patient or applicant prior
3 written notice of such requirement, (2) proceed with such
4 testing only upon the written authorization of the applicant
5 or patient, and (3) keep the results of such testing
6 confidential. Notice of an adverse underwriting or coverage
7 decision may be given to any appropriately interested party,
8 but the insurer may only disclose the test result itself to a
9 physician designated by the applicant or patient, and any
10 such disclosure shall be in a manner that assures
11 confidentiality.
12 The Department of Insurance shall enforce the provisions
13 of this subsection.
14 (d) The right of each patient to privacy and
15 confidentiality in health care. Each physician, health care
16 provider, health services corporation and insurance company
17 shall refrain from disclosing the nature or details of
18 services provided to patients, except that such information
19 may be disclosed to the patient, the party making treatment
20 decisions if the patient is incapable of making decisions
21 regarding the health services provided, those parties
22 directly involved with providing treatment to the patient or
23 processing the payment for that treatment, those parties
24 responsible for peer review, utilization review and quality
25 assurance, and those parties required to be notified under
26 the Abused and Neglected Child Reporting Act, the Illinois
27 Sexually Transmissible Disease Control Act or where otherwise
28 authorized or required by law. This right may be waived in
29 writing by the patient or the patient's guardian, but a
30 physician or other health care provider may not condition the
31 provision of services on the patient's or guardian's
32 agreement to sign such a waiver.
33 (e) The right of each patient, upon the written request
34 of the patient or the patient's guardian or legally
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1 authorized representative, to be furnished a copy of the
2 record of the patient's health history and treatment rendered
3 to the patient by a physician or other health care provider.
4 The right set forth in this paragraph (e) is limited to
5 access consistent with the patient's condition and sound
6 therapeutic treatment as determined by the physician or other
7 health care provider. The physician or other health care
8 provider shall furnish the requested record within a
9 reasonable time after receiving the request therefor and upon
10 payment of a handling fee of not more than $10 plus a fee of
11 not more than $.35 per page for copies of documents made on a
12 standard photocopy machine. The physician or other health
13 care provider may, however, charge for the reasonable cost of
14 all duplications of medical record material or information
15 that cannot routinely be copied or duplicated on a standard
16 commercial photocopy machine. The transfer of the patient's
17 record done in good faith does not render the provider liable
18 to the patient or any other person for any consequences that
19 resulted or may result from disclosure of the patient's
20 record as required by this paragraph (e).
21 (Source: P.A. 86-895; 86-902; 86-1028; 87-334.)