Public Act 099-0054
 
HB1004 EnrolledLRB099 04835 JLK 24864 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Finance Act is amended by changing
Section 5.666 as follows:
 
    (30 ILCS 105/5.666)
    (Section scheduled to be repealed on July 1, 2016)
    Sec. 5.666. The African-American HIV/AIDS Response Fund.
This Section is repealed on July 1, 2026 2016.
(Source: P.A. 94-797, eff. 1-1-07; 95-331, eff. 8-21-07.)
 
    Section 10. The African-American HIV/AIDS Response Act is
amended by changing Section 27 as follows:
 
    (410 ILCS 303/27)
    (Section scheduled to be repealed on July 1, 2016)
    Sec. 27. African-American HIV/AIDS Response Fund.
    (a) The African-American HIV/AIDS Response Fund is created
as a special fund in the State treasury. Moneys deposited into
the Fund shall, subject to appropriation, be used for grants
for programs to prevent the transmission of HIV and other
programs and activities consistent with the purposes of this
Act, including, but not limited to, preventing and treating
HIV/AIDS, the creation of an HIV/AIDS service delivery system,
and the administration of the Act. Moneys for the Fund shall
come from appropriations by the General Assembly, federal
funds, and other public resources.
    (b) The Fund shall provide resources for communities in
Illinois to create an HIV/AIDS service delivery system that
reduces the disparity of HIV infection and AIDS cases between
African-Americans and other population groups in Illinois that
may be impacted by the disease by, including but, not limited
to:
        (1) developing, implementing, and maintaining a
    comprehensive, culturally sensitive HIV Prevention Plan
    targeting communities that are identified as high-risk in
    terms of the impact of the disease on African-Americans;
        (2) developing, implementing, and maintaining a stable
    HIV/AIDS service delivery infrastructure in Illinois
    communities that will meet the needs of African-Americans;
        (3) developing, implementing, and maintaining a
    statewide HIV/AIDS testing program;
        (4) providing funding for HIV/AIDS social and
    scientific research to improve prevention and treatment;
        (5) providing comprehensive technical and other
    assistance to African-American community service
    organizations that are involved in HIV/AIDS prevention and
    treatment;
        (6) developing, implementing, and maintaining an
    infrastructure for African-American community service
    organizations to make them less dependent on government
    resources; and
        (7) creating and maintaining at least 17 one-stop
    shopping HIV/AIDS facilities across the State.
    (c) When providing grants pursuant to this Fund, the
Department of Public Health shall give priority to the
development of comprehensive medical and social services to
African-Americans at risk of infection from or infected with
HIV/AIDS in areas of the State determined to have the greatest
geographic prevalence of HIV/AIDS in the African-American
population.
    (d) The Section is repealed on July 1, 2026 2016.
(Source: P.A. 94-797, eff. 1-1-07.)
 
    Section 15. The AIDS Confidentiality Act is amended by
changing Sections 3, 4, and 9 as follows:
 
    (410 ILCS 305/3)  (from Ch. 111 1/2, par. 7303)
    Sec. 3. Definitions. When used in this Act:
    (a) "AIDS" means acquired immunodeficiency syndrome.
    (b) "Authority" means the Illinois Health Information
Exchange Authority established pursuant to the Illinois Health
Information Exchange and Technology Act.
    (c) "Business associate" has the meaning ascribed to it
under HIPAA, as specified in 45 CFR 160.103.
    (d) "Covered entity" has the meaning ascribed to it under
HIPAA, as specified in 45 CFR 160.103.
    (e) "De-identified information" means health information
that is not individually identifiable as described under HIPAA,
as specified in 45 CFR 164.514(b).
    (f) "Department" means the Illinois Department of Public
Health or its designated agents.
    (g) "Disclosure" has the meaning ascribed to it under
HIPAA, as specified in 45 CFR 160.103.
    (h) "Health care operations" has the meaning ascribed to it
under HIPAA, as specified in 45 CFR 164.501.
    (i) "Health care professional" means (i) a licensed
physician, (ii) a physician assistant to whom the physician
assistant's supervising physician has delegated the provision
of AIDS and HIV-related health services, (iii) an advanced
practice registered nurse who has a written collaborative
agreement with a collaborating physician which authorizes the
provision of AIDS and HIV-related health services, (iv) an
advanced practice nurse or physician assistant who practices in
a hospital or ambulatory surgical treatment center and
possesses appropriate clinical privileges, (v) a licensed
dentist, (vi) (v) a licensed podiatric physician, or (vii) (vi)
an individual certified to provide HIV testing and counseling
by a state or local public health department.
    (j) "Health care provider" has the meaning ascribed to it
under HIPAA, as specified in 45 CFR 160.103.
    (k) "Health facility" means a hospital, nursing home, blood
bank, blood center, sperm bank, or other health care
institution, including any "health facility" as that term is
defined in the Illinois Finance Authority Act.
    (l) "Health information exchange" or "HIE" means a health
information exchange or health information organization that
oversees and governs the electronic exchange of health
information that (i) is established pursuant to the Illinois
Health Information Exchange and Technology Act, or any
subsequent amendments thereto, and any administrative rules
adopted thereunder; (ii) has established a data sharing
arrangement with the Authority; or (iii) as of August 16, 2013,
was designated by the Authority Board as a member of, or was
represented on, the Authority Board's Regional Health
Information Exchange Workgroup; provided that such designation
shall not require the establishment of a data sharing
arrangement or other participation with the Illinois Health
Information Exchange or the payment of any fee. In certain
circumstances, in accordance with HIPAA, an HIE will be a
business associate.
    (m) "Health oversight agency" has the meaning ascribed to
it under HIPAA, as specified in 45 CFR 164.501.
    (n) "HIPAA" means the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, as amended by
the Health Information Technology for Economic and Clinical
Health Act of 2009, Public Law 111-05, and any subsequent
amendments thereto and any regulations promulgated thereunder.
    (o) "HIV" means the human immunodeficiency virus.
    (p) "HIV-related information" means the identity of a
person upon whom an HIV test is performed, the results of an
HIV test, as well as diagnosis, treatment, and prescription
information that reveals a patient is HIV-positive, including
such information contained in a limited data set. "HIV-related
information" does not include information that has been
de-identified in accordance with HIPAA.
    (q) "Informed consent" means:
        (1) where a health care provider, health care
    professional, or health facility has implemented opt-in
    testing, a process by which an individual or their legal
    representative receives pre-test information, has an
    opportunity to ask questions, and consents verbally or in
    writing to the test without undue inducement or any element
    of force, fraud, deceit, duress, or other form of
    constraint or coercion; or
        (2) where a health care provider, health care
    professional, or health facility has implemented opt-out
    testing, the individual or their legal representative has
    been notified verbally or in writing that the test is
    planned, has received pre-test information, has been given
    the opportunity to ask questions and the opportunity to
    decline testing, and has not declined testing; where such
    notice is provided, consent for opt-out HIV testing may be
    incorporated into the patient's general consent for
    medical care on the same basis as are other screening or
    diagnostic tests; a separate consent for opt-out HIV
    testing is not required. a written or verbal agreement by
    the subject of a test or the subject's legally authorized
    representative without undue inducement or any element of
    force, fraud, deceit, duress, or other form of constraint
    or coercion, which entails at least the following pre-test
    information:
        (1) a fair explanation of the test, including its
    purpose, potential uses, limitations, and the meaning of
    its results;
        (2) a fair explanation of the procedures to be
    followed, including the voluntary nature of the test, the
    right to withdraw consent to the testing process at any
    time, the right to anonymity to the extent provided by law
    with respect to participation in the test and disclosure of
    test results, and the right to confidential treatment of
    information identifying the subject of the test and the
    results of the test, to the extent provided by law; and
    In addition, (3) where the person providing informed
consent is a participant in an HIE, informed consent requires a
fair explanation that the results of the patient's HIV test
will be accessible through an HIE and meaningful disclosure of
the patient's opt-out right under Section 9.6 of this Act.
    A health care provider, health care professional, or health
facility undertaking an informed consent process for HIV
testing under this subsection may combine a form used to obtain
informed consent for HIV testing with forms used to obtain
written consent for general medical care or any other medical
test or procedure, provided that the forms make it clear that
the subject may consent to general medical care, tests, or
procedures without being required to consent to HIV testing,
and clearly explain how the subject may decline HIV testing.
Health facility clerical staff or other staff responsible for
the consent form for general medical care may obtain consent
for HIV testing through a general consent form.
    Pre-test information may be provided in writing, verbally,
or by video, electronic, or other means. The subject must be
offered an opportunity to ask questions about the HIV test and
decline testing. Nothing in this Act shall prohibit a health
care provider or health care professional from combining a form
used to obtain informed consent for HIV testing with forms used
to obtain written consent for general medical care or any other
medical test or procedure provided that the forms make it clear
that the subject may consent to general medical care, tests, or
medical procedures without being required to consent to HIV
testing and clearly explain how the subject may opt out of HIV
testing.
    (r) "Limited data set" has the meaning ascribed to it under
HIPAA, as described in 45 CFR 164.514(e)(2).
    (s) "Minimum necessary" means the HIPAA standard for using,
disclosing, and requesting protected health information found
in 45 CFR 164.502(b) and 164.514(d).
    (s-1) "Opt-in testing" means an approach where an HIV test
is presented by offering the test and the patient accepts or
declines testing.
    (s-3) "Opt-out testing" means an approach where an HIV test
is presented such that a patient is notified that HIV testing
may occur unless the patient declines.
    (t) "Organized health care arrangement" has the meaning
ascribed to it under HIPAA, as specified in 45 CFR 160.103.
    (u) "Patient safety activities" has the meaning ascribed to
it under 42 CFR 3.20.
    (v) "Payment" has the meaning ascribed to it under HIPAA,
as specified in 45 CFR 164.501.
    (w) "Person" includes any natural person, partnership,
association, joint venture, trust, governmental entity, public
or private corporation, health facility, or other legal entity.
    (w-5) "Pre-test information" means:
        (1) a reasonable explanation of the test, including its
    purpose, potential uses, limitations, and the meaning of
    its results; and
        (2) a reasonable explanation of the procedures to be
    followed, including the voluntary nature of the test, the
    availability of a qualified person to answer questions, the
    right to withdraw consent to the testing process at any
    time, the right to anonymity to the extent provided by law
    with respect to participation in the test and disclosure of
    test results, and the right to confidential treatment of
    information identifying the subject of the test and the
    results of the test, to the extent provided by law.
    Pre-test information may be provided in writing, verbally,
or by video, electronic, or other means and may be provided as
designated by the supervising health care professional or the
health facility.
    For the purposes of this definition, a qualified person to
answer questions is a health care professional or, when acting
under the supervision of a health care professional, a
registered nurse, medical assistant, or other person
determined to be sufficiently knowledgeable about HIV testing,
its purpose, potential uses, limitations, the meaning of the
test results, and the testing procedures in the professional
judgment of a supervising health care professional or as
designated by a health care facility.
    (x) "Protected health information" has the meaning
ascribed to it under HIPAA, as specified in 45 CFR 160.103.
    (y) "Research" has the meaning ascribed to it under HIPAA,
as specified in 45 CFR 164.501.
    (z) "State agency" means an instrumentality of the State of
Illinois and any instrumentality of another state that,
pursuant to applicable law or a written undertaking with an
instrumentality of the State of Illinois, is bound to protect
the privacy of HIV-related information of Illinois persons.
    (aa) "Test" or "HIV test" means a test to determine the
presence of the antibody or antigen to HIV, or of HIV
infection.
    (bb) "Treatment" has the meaning ascribed to it under
HIPAA, as specified in 45 CFR 164.501.
    (cc) "Use" has the meaning ascribed to it under HIPAA, as
specified in 45 CFR 160.103, where context dictates.
(Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15.)
 
    (410 ILCS 305/4)  (from Ch. 111 1/2, par. 7304)
    Sec. 4. Informed consent. No person may order an HIV test
without first providing pre-test information, as defined under
subsection (w-5) of Section 3 of this Act, and receiving the
documented informed consent of the subject of the test or the
subject's legally authorized representative in accordance with
paragraph (1) or (2) of subsection (q) of Section 3 of this
Act.
    A health care provider, health care professional, or health
care facility conducting opt-in testing and obtaining informed
consent pursuant to paragraph (1) of subsection (q) of Section
3 shall document verbal or written consent in the general
consent for medical care, a separate consent form, or elsewhere
in the medical record.
    A health care provider, health care professional, or health
care facility conducting opt-out testing pursuant to paragraph
(2) of subsection (q) of Section 3 shall document the subject's
or the subject's legally authorized representative's
declination of the test in the medical record. Individual
documentation of the provision of pre-test information to each
test subject is not required. A health care provider, health
care professional, or health facility conducting opt-out
testing and shall establish and implement a written procedure
for conducting opt-out testing pursuant to paragraph (2) of
subsection (q) of Section 3 and for providing pre-test
information, as that term is defined under subsection (w-5) of
Section 3 of this Act. A health care facility or provider may
offer opt-out HIV testing where the subject or the subject's
legally authorized representative is informed that the subject
will be tested for HIV unless he or she refuses. The health
care facility or provider must document the provision of
informed consent, including pre-test information, and whether
the subject or the subject's legally authorized representative
declined the offer of HIV testing.
(Source: P.A. 95-7, eff. 6-1-08.)
 
    (410 ILCS 305/9)  (from Ch. 111 1/2, par. 7309)
    Sec. 9. (1) No person may disclose or be compelled to
disclose HIV-related information, except to the following
persons:
        (a) The subject of an HIV test or the subject's legally
    authorized representative. A physician may notify the
    spouse or civil union partner of the test subject, if the
    test result is positive and has been confirmed pursuant to
    rules adopted by the Department, provided that the
    physician has first sought unsuccessfully to persuade the
    patient to notify the spouse or civil union partner or
    that, a reasonable time after the patient has agreed to
    make the notification, the physician has reason to believe
    that the patient has not provided the notification. This
    paragraph shall not create a duty or obligation under which
    a physician must notify the spouse or civil union partner
    of the test results, nor shall such duty or obligation be
    implied. No civil liability or criminal sanction under this
    Act shall be imposed for any disclosure or non-disclosure
    of a test result to a spouse or civil union partner by a
    physician acting in good faith under this paragraph. For
    the purpose of any proceedings, civil or criminal, the good
    faith of any physician acting under this paragraph shall be
    presumed.
        (b) Any person designated in a legally effective
    authorization for release of the HIV-related information
    executed by the subject of the HIV-related information or
    the subject's legally authorized representative.
        (c) An authorized agent or employee of a health
    facility or health care provider if the health facility or
    health care provider itself is authorized to obtain the
    test results, the agent or employee provides patient care
    or handles or processes specimens of body fluids or
    tissues, and the agent or employee has a need to know such
    information.
        (d) The Department and local health authorities
    serving a population of over 1,000,000 residents or other
    local health authorities as designated by the Department,
    in accordance with rules for reporting, preventing, and
    controlling the spread of disease and the conduct of public
    health surveillance, public health investigations, and
    public health interventions, as otherwise provided by
    State law. The Department, local health authorities, and
    authorized representatives shall not disclose HIV test
    results and HIV-related information, publicly or in any
    action of any kind in any court or before any tribunal,
    board, or agency. HIV test results and HIV-related
    information shall be protected from disclosure in
    accordance with the provisions of Sections 8-2101 through
    8-2105 of the Code of Civil Procedure.
        (e) A health facility, health care provider, or health
    care professional which procures, processes, distributes
    or uses: (i) a human body part from a deceased person with
    respect to medical information regarding that person; or
    (ii) semen provided prior to the effective date of this Act
    for the purpose of artificial insemination.
        (f) Health facility staff committees for the purposes
    of conducting program monitoring, program evaluation or
    service reviews.
        (f-5) A court in accordance with the provisions of
    Section 12-5.01 of the Criminal Code of 2012.
        (g) (Blank).
        (h) Any health care provider, health care
    professional, or employee of a health facility, and any
    firefighter or EMR, EMT, A-EMT, paramedic, PHRN, or EMT-I,
    involved in an accidental direct skin or mucous membrane
    contact with the blood or bodily fluids of an individual
    which is of a nature that may transmit HIV, as determined
    by a physician in his medical judgment.
        (i) Any law enforcement officer, as defined in
    subsection (c) of Section 7, involved in the line of duty
    in a direct skin or mucous membrane contact with the blood
    or bodily fluids of an individual which is of a nature that
    may transmit HIV, as determined by a physician in his
    medical judgment.
        (j) A temporary caretaker of a child taken into
    temporary protective custody by the Department of Children
    and Family Services pursuant to Section 5 of the Abused and
    Neglected Child Reporting Act, as now or hereafter amended.
        (k) In the case of a minor under 18 years of age whose
    test result is positive and has been confirmed pursuant to
    rules adopted by the Department, the health care
    professional who ordered the test shall make a reasonable
    effort to notify the minor's parent or legal guardian if,
    in the professional judgment of the health care
    professional, notification would be in the best interest of
    the child and the health care professional has first sought
    unsuccessfully to persuade the minor to notify the parent
    or legal guardian or a reasonable time after the minor has
    agreed to notify the parent or legal guardian, the health
    care professional has reason to believe that the minor has
    not made the notification. This subsection shall not create
    a duty or obligation under which a health care professional
    must notify the minor's parent or legal guardian of the
    test results, nor shall a duty or obligation be implied. No
    civil liability or criminal sanction under this Act shall
    be imposed for any notification or non-notification of a
    minor's test result by a health care professional acting in
    good faith under this subsection. For the purpose of any
    proceeding, civil or criminal, the good faith of any health
    care professional acting under this subsection shall be
    presumed.
    (2) All information and records held by a State agency,
local health authority, or health oversight agency pertaining
to HIV-related information shall be strictly confidential and
exempt from copying and inspection under the Freedom of
Information Act. The information and records shall not be
released or made public by the State agency, local health
authority, or health oversight agency, shall not be admissible
as evidence nor discoverable in any action of any kind in any
court or before any tribunal, board, agency, or person, and
shall be treated in the same manner as the information and
those records subject to the provisions of Part 21 of Article
VIII of the Code of Civil Procedure, except under the following
circumstances:
        (A) when made with the written consent of all persons
    to whom the information pertains; or
        (B) when authorized by Section 5-4-3 of the Unified
    Code of Corrections.
    Disclosure shall be limited to those who have a need to
know the information, and no additional disclosures may be
made.
(Source: P.A. 97-1046, eff. 8-21-12; 97-1150, eff. 1-25-13;
98-973, eff. 8-15-14; 98-1046, eff. 1-1-15; revised 10-1-14.)
 
    (410 ILCS 305/5 rep.)
    Section 20. The AIDS Confidentiality Act is amended by
repealing Section 5.