IL
Illinois House Bill HB5115

Illinois 2023-2024 Regular Session

Illinois House Bill HB5115 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5115 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 110 ILCS 330/8j new210 ILCS 85/6.35 new410 ILCS 50/3.5 new Amends the University of Illinois Hospital Act and the Hospital Licensing Act. Provides that before using any diagnostic algorithm to diagnose a patient, a hospital must first confirm that the diagnostic algorithm has been certified by the Department of Public Health and the Department of Innovation and Technology, has been shown to achieve as or more accurate diagnostic results than other diagnostic means, and is not the only method of diagnosis available to a patient. Sets forth provisions concerning certification of the diagnostic algorithm and annual reporting by the proprietor of the diagnostic algorithm. Amends the Medical Patient Rights Act. Provides that a patient has the right to be told when a diagnostic algorithm will be used to diagnose them. Provides that before a diagnostic algorithm is used to diagnose a patient, the patient must first be presented with the option of being diagnosed without the diagnostic algorithm and consent to the diagnostic algorithm's use. LRB103 35748 JAG 65829 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5115 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 110 ILCS 330/8j new210 ILCS 85/6.35 new410 ILCS 50/3.5 new 110 ILCS 330/8j new 210 ILCS 85/6.35 new 410 ILCS 50/3.5 new Amends the University of Illinois Hospital Act and the Hospital Licensing Act. Provides that before using any diagnostic algorithm to diagnose a patient, a hospital must first confirm that the diagnostic algorithm has been certified by the Department of Public Health and the Department of Innovation and Technology, has been shown to achieve as or more accurate diagnostic results than other diagnostic means, and is not the only method of diagnosis available to a patient. Sets forth provisions concerning certification of the diagnostic algorithm and annual reporting by the proprietor of the diagnostic algorithm. Amends the Medical Patient Rights Act. Provides that a patient has the right to be told when a diagnostic algorithm will be used to diagnose them. Provides that before a diagnostic algorithm is used to diagnose a patient, the patient must first be presented with the option of being diagnosed without the diagnostic algorithm and consent to the diagnostic algorithm's use. LRB103 35748 JAG 65829 b LRB103 35748 JAG 65829 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5115 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
33 110 ILCS 330/8j new210 ILCS 85/6.35 new410 ILCS 50/3.5 new 110 ILCS 330/8j new 210 ILCS 85/6.35 new 410 ILCS 50/3.5 new
44 110 ILCS 330/8j new
55 210 ILCS 85/6.35 new
66 410 ILCS 50/3.5 new
77 Amends the University of Illinois Hospital Act and the Hospital Licensing Act. Provides that before using any diagnostic algorithm to diagnose a patient, a hospital must first confirm that the diagnostic algorithm has been certified by the Department of Public Health and the Department of Innovation and Technology, has been shown to achieve as or more accurate diagnostic results than other diagnostic means, and is not the only method of diagnosis available to a patient. Sets forth provisions concerning certification of the diagnostic algorithm and annual reporting by the proprietor of the diagnostic algorithm. Amends the Medical Patient Rights Act. Provides that a patient has the right to be told when a diagnostic algorithm will be used to diagnose them. Provides that before a diagnostic algorithm is used to diagnose a patient, the patient must first be presented with the option of being diagnosed without the diagnostic algorithm and consent to the diagnostic algorithm's use.
88 LRB103 35748 JAG 65829 b LRB103 35748 JAG 65829 b
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1010 A BILL FOR
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1313 1 AN ACT concerning health.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The University of Illinois Hospital Act is
1717 5 amended by adding Section 8j as follows:
1818 6 (110 ILCS 330/8j new)
1919 7 Sec. 8j. Diagnostic algorithm.
2020 8 (a) Before using any diagnostic algorithm to diagnose a
2121 9 patient, the University of Illinois Hospital must first
2222 10 confirm all of the following:
2323 11 (1) The diagnostic algorithm has been certified by the
2424 12 Department of Public Health and the Department of
2525 13 Innovation and Technology.
2626 14 (2) The diagnostic algorithm has been shown to achieve
2727 15 as or more accurate diagnostic results than other
2828 16 diagnostic means.
2929 17 (3) The diagnostic algorithm is not the only method of
3030 18 diagnosis available to a patient.
3131 19 (b) In order for a diagnostic algorithm to be certified by
3232 20 the Department of Public Health and the Department of
3333 21 Innovation and Technology, the proprietor of the diagnostic
3434 22 algorithm and associated software must regularly evaluate the
3535 23 diagnostic algorithm for biases and discrimination against
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3939 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5115 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
4040 110 ILCS 330/8j new210 ILCS 85/6.35 new410 ILCS 50/3.5 new 110 ILCS 330/8j new 210 ILCS 85/6.35 new 410 ILCS 50/3.5 new
4141 110 ILCS 330/8j new
4242 210 ILCS 85/6.35 new
4343 410 ILCS 50/3.5 new
4444 Amends the University of Illinois Hospital Act and the Hospital Licensing Act. Provides that before using any diagnostic algorithm to diagnose a patient, a hospital must first confirm that the diagnostic algorithm has been certified by the Department of Public Health and the Department of Innovation and Technology, has been shown to achieve as or more accurate diagnostic results than other diagnostic means, and is not the only method of diagnosis available to a patient. Sets forth provisions concerning certification of the diagnostic algorithm and annual reporting by the proprietor of the diagnostic algorithm. Amends the Medical Patient Rights Act. Provides that a patient has the right to be told when a diagnostic algorithm will be used to diagnose them. Provides that before a diagnostic algorithm is used to diagnose a patient, the patient must first be presented with the option of being diagnosed without the diagnostic algorithm and consent to the diagnostic algorithm's use.
4545 LRB103 35748 JAG 65829 b LRB103 35748 JAG 65829 b
4646 LRB103 35748 JAG 65829 b
4747 A BILL FOR
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7474 1 protected categories of groups under the Illinois Human Rights
7575 2 Act and report its findings on an annual basis to the
7676 3 Department of Public Health and the Department of Innovation
7777 4 and Technology.
7878 5 (c) Within 3 months after receipt of the report of the
7979 6 proprietor of the diagnostic algorithm under subsection (b),
8080 7 the Department of Public Health and the Department of
8181 8 Innovation and Technology must review the findings and may
8282 9 open further investigations by a third party when deemed
8383 10 appropriate. If the Department of Public Health and the
8484 11 Department of Innovation and Technology find that the
8585 12 diagnostic algorithm has perpetuated biases and discrimination
8686 13 against protected categories of groups under the Illinois
8787 14 Human Rights Act, the proprietor must take prompt action to
8888 15 ensure the biases and discrimination are addressed, as
8989 16 determined by the Department of Public Health and the
9090 17 Department of Innovation and Technology, within 3 months after
9191 18 the finding. If the biases and discrimination are not
9292 19 addressed within 3 months after the finding, the Department of
9393 20 Public Health and the Department of Innovation and Technology
9494 21 shall revoke the diagnostic algorithm's certification until
9595 22 the biases and discrimination are addressed, as determined by
9696 23 the Department of Public Health and Department of Innovation
9797 24 and Technology.
9898 25 Section 10. The Hospital Licensing Act is amended by
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109109 1 adding Section 6.35 as follows:
110110 2 (210 ILCS 85/6.35 new)
111111 3 Sec. 6.35. Diagnostic algorithm.
112112 4 (a) Before using any diagnostic algorithm to diagnose a
113113 5 patient, a hospital licensed under this Act must first confirm
114114 6 all of the following:
115115 7 (1) The diagnostic algorithm has been certified by the
116116 8 Department of Public Health and the Department of
117117 9 Innovation and Technology.
118118 10 (2) The diagnostic algorithm has been shown to achieve
119119 11 as or more accurate diagnostic results than other
120120 12 diagnostic means.
121121 13 (3) The diagnostic algorithm is not the only method of
122122 14 diagnosis available to a patient.
123123 15 (b) In order for a diagnostic algorithm to be certified by
124124 16 the Department of Public Health and the Department of
125125 17 Innovation and Technology, the proprietor of the diagnostic
126126 18 algorithm and associated software must regularly evaluate the
127127 19 diagnostic algorithm for biases and discrimination against
128128 20 protected categories of groups under the Illinois Human Rights
129129 21 Act and report its findings on an annual basis to the
130130 22 Department of Public Health and the Department of Innovation
131131 23 and Technology.
132132 24 (c) Within 3 months after receipt of the report of the
133133 25 proprietor of the diagnostic algorithm under subsection (b),
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144144 1 the Department of Public Health and the Department of
145145 2 Innovation and Technology must review the findings and may
146146 3 open further investigations by a third party when deemed
147147 4 appropriate. If the Department of Public Health and the
148148 5 Department of Innovation and Technology find that the
149149 6 diagnostic algorithm has perpetuated biases and discrimination
150150 7 against protected categories of groups under the Illinois
151151 8 Human Rights Act, the proprietor must take prompt action to
152152 9 ensure the biases and discrimination are addressed, as
153153 10 determined by the Department of Public Health and the
154154 11 Department of Innovation and Technology, within 3 months after
155155 12 the finding. If the biases and discrimination are not
156156 13 addressed within 3 months after the finding, the Department of
157157 14 Public Health and the Department of Innovation and Technology
158158 15 shall revoke the diagnostic algorithm's certification until
159159 16 the biases and discrimination are addressed, as determined by
160160 17 the Department of Public Health and Department of Innovation
161161 18 and Technology.
162162 19 Section 15. The Medical Patient Rights Act is amended by
163163 20 adding Section 3.5 as follows:
164164 21 (410 ILCS 50/3.5 new)
165165 22 Sec. 3.5. Diagnostic algorithm. A patient has the right to
166166 23 be told when a diagnostic algorithm will be used to diagnose
167167 24 him or her. Before a diagnostic algorithm is used to diagnose a
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