Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1579 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1579 Introduced 2/4/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 410 ILCS 50/2.01 from Ch. 111 1/2, par. 5402.01410 ILCS 50/3 from Ch. 111 1/2, par. 5403410 ILCS 50/3.1 from Ch. 111 1/2, par. 5403.1 Amends the Medical Patient Rights Act. Changes the definition of "patient". Specifies that each patient has the right to be informed of additional information. Adds a right of each patient to be treated with courtesy and respect, to have the patient's human and civil rights maintained, and to have the patient's basic human needs accommodated in a timely manner. Adds a right of each patient to have the patient's medical directives reviewed with the health care provider before any procedures are scheduled or decisions are made. Adds a right of each patient to continuity and coordination of care among and between all disciplines serving the patient's needs. Adds a right of each patient who receives services from an outside provider to be told the identity of the provider. Updates the right of each patient to privacy and confidentiality, adding that (1) the patient shall be given current information in writing concerning certain aspects of the patient's care, (2) the patient may opt out, either digitally or in writing, from certain sharing of health information, and (3) the patient shall not be denied access to care if opting out. Makes changes to provisions regarding experimental procedures. Effective immediately. LRB104 07665 BDA 17709 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1579 Introduced 2/4/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 410 ILCS 50/2.01 from Ch. 111 1/2, par. 5402.01410 ILCS 50/3 from Ch. 111 1/2, par. 5403410 ILCS 50/3.1 from Ch. 111 1/2, par. 5403.1 410 ILCS 50/2.01 from Ch. 111 1/2, par. 5402.01 410 ILCS 50/3 from Ch. 111 1/2, par. 5403 410 ILCS 50/3.1 from Ch. 111 1/2, par. 5403.1 Amends the Medical Patient Rights Act. Changes the definition of "patient". Specifies that each patient has the right to be informed of additional information. Adds a right of each patient to be treated with courtesy and respect, to have the patient's human and civil rights maintained, and to have the patient's basic human needs accommodated in a timely manner. Adds a right of each patient to have the patient's medical directives reviewed with the health care provider before any procedures are scheduled or decisions are made. Adds a right of each patient to continuity and coordination of care among and between all disciplines serving the patient's needs. Adds a right of each patient who receives services from an outside provider to be told the identity of the provider. Updates the right of each patient to privacy and confidentiality, adding that (1) the patient shall be given current information in writing concerning certain aspects of the patient's care, (2) the patient may opt out, either digitally or in writing, from certain sharing of health information, and (3) the patient shall not be denied access to care if opting out. Makes changes to provisions regarding experimental procedures. Effective immediately. LRB104 07665 BDA 17709 b LRB104 07665 BDA 17709 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1579 Introduced 2/4/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
33 410 ILCS 50/2.01 from Ch. 111 1/2, par. 5402.01410 ILCS 50/3 from Ch. 111 1/2, par. 5403410 ILCS 50/3.1 from Ch. 111 1/2, par. 5403.1 410 ILCS 50/2.01 from Ch. 111 1/2, par. 5402.01 410 ILCS 50/3 from Ch. 111 1/2, par. 5403 410 ILCS 50/3.1 from Ch. 111 1/2, par. 5403.1
44 410 ILCS 50/2.01 from Ch. 111 1/2, par. 5402.01
55 410 ILCS 50/3 from Ch. 111 1/2, par. 5403
66 410 ILCS 50/3.1 from Ch. 111 1/2, par. 5403.1
77 Amends the Medical Patient Rights Act. Changes the definition of "patient". Specifies that each patient has the right to be informed of additional information. Adds a right of each patient to be treated with courtesy and respect, to have the patient's human and civil rights maintained, and to have the patient's basic human needs accommodated in a timely manner. Adds a right of each patient to have the patient's medical directives reviewed with the health care provider before any procedures are scheduled or decisions are made. Adds a right of each patient to continuity and coordination of care among and between all disciplines serving the patient's needs. Adds a right of each patient who receives services from an outside provider to be told the identity of the provider. Updates the right of each patient to privacy and confidentiality, adding that (1) the patient shall be given current information in writing concerning certain aspects of the patient's care, (2) the patient may opt out, either digitally or in writing, from certain sharing of health information, and (3) the patient shall not be denied access to care if opting out. Makes changes to provisions regarding experimental procedures. Effective immediately.
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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 Medical Patient Rights Act is amended by
1717 5 changing Sections 2.01, 3 and 3.1 as follows:
1818 6 (410 ILCS 50/2.01) (from Ch. 111 1/2, par. 5402.01)
1919 7 Sec. 2.01. "Patient" means any person who has received or
2020 8 is receiving medical care, treatment or services from an
2121 9 individual or institution licensed to provide medical care or
2222 10 treatment in this State. "Patient" includes any person whose
2323 11 medical care, treatment, or services received include, but are
2424 12 not limited to, medical care, treatment, or services for the
2525 13 purpose of diagnosis or treatment bearing on the physical or
2626 14 mental health of the person, whether as an inpatient or an
2727 15 outpatient. "Patient" includes any person receiving medical
2828 16 and related services provided in the person's residence to
2929 17 support the person's health and well-being.
3030 18 (Source: P.A. 81-1167.)
3131 19 (410 ILCS 50/3) (from Ch. 111 1/2, par. 5403)
3232 20 Sec. 3. The following rights are hereby established:
3333 21 (a) The right of each patient to care consistent with
3434 22 sound nursing and medical practices, to be informed of the
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1579 Introduced 2/4/2025, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
3939 410 ILCS 50/2.01 from Ch. 111 1/2, par. 5402.01410 ILCS 50/3 from Ch. 111 1/2, par. 5403410 ILCS 50/3.1 from Ch. 111 1/2, par. 5403.1 410 ILCS 50/2.01 from Ch. 111 1/2, par. 5402.01 410 ILCS 50/3 from Ch. 111 1/2, par. 5403 410 ILCS 50/3.1 from Ch. 111 1/2, par. 5403.1
4040 410 ILCS 50/2.01 from Ch. 111 1/2, par. 5402.01
4141 410 ILCS 50/3 from Ch. 111 1/2, par. 5403
4242 410 ILCS 50/3.1 from Ch. 111 1/2, par. 5403.1
4343 Amends the Medical Patient Rights Act. Changes the definition of "patient". Specifies that each patient has the right to be informed of additional information. Adds a right of each patient to be treated with courtesy and respect, to have the patient's human and civil rights maintained, and to have the patient's basic human needs accommodated in a timely manner. Adds a right of each patient to have the patient's medical directives reviewed with the health care provider before any procedures are scheduled or decisions are made. Adds a right of each patient to continuity and coordination of care among and between all disciplines serving the patient's needs. Adds a right of each patient who receives services from an outside provider to be told the identity of the provider. Updates the right of each patient to privacy and confidentiality, adding that (1) the patient shall be given current information in writing concerning certain aspects of the patient's care, (2) the patient may opt out, either digitally or in writing, from certain sharing of health information, and (3) the patient shall not be denied access to care if opting out. Makes changes to provisions regarding experimental procedures. Effective immediately.
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4646 A BILL FOR
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7373 1 name, specialty, and contact information of the physician
7474 2 responsible for coordinating his or her care, to be
7575 3 informed of how to reach the facility administrator,
7676 4 outside advocate, interpreter, and legal services, to
7777 5 receive information concerning his or her condition and
7878 6 proposed treatment, to refuse any treatment to the extent
7979 7 permitted by law, and to privacy and confidentiality of
8080 8 records except as otherwise provided by law. Current
8181 9 facilities policies, inspection findings of State and
8282 10 local health authorities, and further explanation of the
8383 11 written statement of rights shall be available to
8484 12 patients, their guardians, or their chosen representatives
8585 13 in their preferred language upon reasonable request to the
8686 14 administrator or other designated staff person consistent
8787 15 with Illinois law.
8888 16 (a-5) The right of each patient to be treated with
8989 17 courtesy and respect for the patient's individuality by
9090 18 employees or persons providing medical services or care
9191 19 and to have the patient's human and civil rights
9292 20 maintained in all aspects of medical care. Such employees
9393 21 and persons shall have up-to-date certification,
9494 22 licensure, and training under Illinois law. In accordance
9595 23 with 42 CFR 483.10, patients shall have their basic human
9696 24 needs, including, but not limited to, water, food,
9797 25 medication, toileting, and personal hygiene, accommodated
9898 26 in a timely manner.
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109109 1 (a-10) The right of each patient to have the patient's
110110 2 medical directives reviewed with the health care provider
111111 3 before any procedures are scheduled or decisions are made.
112112 4 (a-15) The right of each patient to continuity and
113113 5 coordination of care among and between all disciplines
114114 6 serving the patient's medical diagnoses and needs.
115115 7 (a-20) The right of each patient who receives services
116116 8 from an outside provider to, upon request, be told the
117117 9 identity of the provider. Disclosed information shall
118118 10 include the name of the outside provider, the address, and
119119 11 a description of the service which may be rendered. In
120120 12 cases where it is medically advisable, as documented by
121121 13 the attending physician in a patient's care record, the
122122 14 information shall be given to the patient's guardian or
123123 15 other person designated by the patient as the patient's
124124 16 representative.
125125 17 (b) The right of each patient, regardless of source of
126126 18 payment, to examine and receive a reasonable explanation
127127 19 of his total bill for services rendered by his physician
128128 20 or health care provider, including the itemized charges
129129 21 for specific services received. Each physician or health
130130 22 care provider shall be responsible only for a reasonable
131131 23 explanation of those specific services provided by such
132132 24 physician or health care provider.
133133 25 (c) In the event an insurance company or health
134134 26 services corporation cancels or refuses to renew an
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145145 1 individual policy or plan, the insured patient shall be
146146 2 entitled to timely, prior notice of the termination of
147147 3 such policy or plan.
148148 4 An insurance company or health services corporation
149149 5 that requires any insured patient or applicant for new or
150150 6 continued insurance or coverage to be tested for infection
151151 7 with human immunodeficiency virus (HIV) or any other
152152 8 identified causative agent of acquired immunodeficiency
153153 9 syndrome (AIDS) shall (1) give the patient or applicant
154154 10 prior written notice of such requirement, (2) proceed with
155155 11 such testing only upon the written authorization of the
156156 12 applicant or patient, and (3) keep the results of such
157157 13 testing confidential. Notice of an adverse underwriting or
158158 14 coverage decision may be given to any appropriately
159159 15 interested party, but the insurer may only disclose the
160160 16 test result itself to a physician designated by the
161161 17 applicant or patient, and any such disclosure shall be in
162162 18 a manner that assures confidentiality.
163163 19 The Department of Insurance shall enforce the
164164 20 provisions of this subsection.
165165 21 (d) The right of each patient to privacy and
166166 22 confidentiality in health care. Each physician, health
167167 23 care provider, health services corporation and insurance
168168 24 company shall provide current information concerning the
169169 25 patient's diagnosis, treatment, alternatives, risks, and
170170 26 prognosis in writing to the patient or the patient's legal
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181181 1 designee upon request and shall refrain from disclosing
182182 2 the nature or details of services provided to patients,
183183 3 except that such information may be disclosed: (1) to the
184184 4 patient, (2) to the party making treatment decisions if
185185 5 the patient is incapable of making decisions regarding the
186186 6 health services provided, (3) for treatment in accordance
187187 7 with 45 CFR 164.501 and 164.506, (4) for payment in
188188 8 accordance with 45 CFR 164.501 and 164.506, (5) to those
189189 9 parties responsible for peer review, utilization review,
190190 10 and quality assurance, (6) for health care operations in
191191 11 accordance with 45 CFR 164.501 and 164.506, (7) to those
192192 12 parties required to be notified under the Abused and
193193 13 Neglected Child Reporting Act or the Illinois Sexually
194194 14 Transmitted Infection Control Act, or (8) as otherwise
195195 15 permitted, authorized, or required by State or federal
196196 16 law. This right may be waived in writing by the patient or
197197 17 the patient's guardian or legal representative, but a
198198 18 physician or other health care provider may not condition
199199 19 the provision of services on the patient's, guardian's, or
200200 20 legal representative's agreement to sign such a waiver. In
201201 21 the interest of public health, safety, and welfare,
202202 22 patient information, including, but not limited to, health
203203 23 information, demographic information, and information
204204 24 about the services provided to patients, may be
205205 25 transmitted to or through a health information exchange,
206206 26 as that term is defined in Section 2 of the Mental Health
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217217 1 and Developmental Disabilities Confidentiality Act, in
218218 2 accordance with the disclosures permitted pursuant to this
219219 3 Section. Patients shall be provided the opportunity to opt
220220 4 out, either digitally or in writing, of their health
221221 5 information being transmitted to or through a health
222222 6 information exchange in accordance with Section 9.6 of the
223223 7 Mental Health and Developmental Disabilities
224224 8 Confidentiality Act, Section 9.6 of the AIDS
225225 9 Confidentiality Act, or Section 31.8 of the Genetic
226226 10 Information Privacy Act, as applicable. Patients shall not
227227 11 be denied access to care if they choose to opt out of the
228228 12 sharing of such information. In the case of a patient
229229 13 choosing to opt out of having his or her information
230230 14 available on an HIE, nothing in this Act shall cause the
231231 15 physician or health care provider to be liable for the
232232 16 release of a patient's health information by other
233233 17 entities that may possess such information, including, but
234234 18 not limited to, other health professionals, providers,
235235 19 laboratories, pharmacies, hospitals, ambulatory surgical
236236 20 centers, and nursing homes.
237237 21 (Source: P.A. 103-508, eff. 8-4-23; 103-1049, eff. 8-9-24.)
238238 22 (410 ILCS 50/3.1) (from Ch. 111 1/2, par. 5403.1)
239239 23 Sec. 3.1. (a) Any patient who is the subject of a research
240240 24 program or an experimental procedure, as defined under the
241241 25 rules and regulations of the Hospital Licensing Act, shall
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252252 1 have, at a minimum, the right to receive an explanation both in
253253 2 spoken and written words of the nature and possible
254254 3 consequences of such research or experiment before the
255255 4 research or experiment is scheduled or conducted, and to
256256 5 consent to or reject it.
257257 6 (b) No physician or other provider may conduct any
258258 7 research program or experimental procedure on a patient
259259 8 without the prior informed consent of the patient in writing
260260 9 or, if the patient is unable to consent, the patient's
261261 10 guardian, spouse, parent, or authorized agent. Both the
262262 11 consent and the refusal shall be documented in the
263263 12 individual's care record.
264264 13 (c) This Section shall not apply to any research program
265265 14 or medical experimental procedure for patients subject to a
266266 15 life-threatening emergency that is conducted in accordance
267267 16 with Part 50 of Title 21 of, and Part 46 of Title 45 of, the
268268 17 Code of Federal Regulations.
269269 18 (Source: P.A. 90-36, eff. 6-27-97.)
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