Illinois General Assembly - Full Text of Public Act 101-0445
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Public Act 101-0445


 

Public Act 0445 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0445
 
HB0002 EnrolledLRB101 03317 RPS 48325 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Medical Patient Rights Act is amended by
adding Section 3.4 as follows:
 
    (410 ILCS 50/3.4 new)
    Sec. 3.4. Rights of women; pregnancy and childbirth.
    (a) In addition to any other right provided under this Act,
every 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 her and her infant
    that is consistent with generally accepted medical
    standards.
        (3) The right to choose a certified nurse midwife or
    physician as her maternity care professional.
        (4) The right to choose her birth setting from the full
    range of birthing options available in her community.
        (5) The right to leave her maternity care professional
    and select another if she becomes dissatisfied with her
    care, except as otherwise provided by law.
        (6) The right to receive information about the names of
    those health care professionals involved in her care.
        (7) The right to privacy and confidentiality of
    records, except as provided by law.
        (8) The right to receive information concerning 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 her or her infant in a research study in accordance
    with Section 3.1 of this Act.
        (11) The right to access 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 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 her choice, within
    generally accepted medical standards.
        (15) The right to contact with her newborn, except
    where necessary care must be provided to the mother or
    infant.
        (16) The right to receive information about
    breastfeeding.
        (17) The right to decide collaboratively with
    caregivers when 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.
        (19) The right of each patient, regardless of source of
    payment, to examine and receive a reasonable explanation of
    her total bill for services rendered by 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
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.
 
    Section 99. Effective date. This Act takes effect January
1, 2020.

Effective Date: 1/1/2020