Bill Text: IL HB1021 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Medical Patient Rights Act. Provides that each patient has the right to receive care from a medical professional who is culturally sensitive to the patient's life experience.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB1021 Detail]

Download: Illinois-2023-HB1021-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1021 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
410 ILCS 50/3 from Ch. 111 1/2, par. 5403
Amends the Medical Patient Rights Act. Provides that each patient has the right to receive care from a medical professional who is culturally sensitive to the patient's life experience.
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A BILL FOR
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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
changing Section 3 as follows:
(410 ILCS 50/3) (from Ch. 111 1/2, par. 5403)
Sec. 3. The following rights are hereby established:
(a) The right of each patient to care consistent with
sound nursing and medical practices, to be informed of the
name of the physician responsible for coordinating his or
her care, to receive information concerning his or her
condition and proposed treatment, to refuse any treatment
to the extent permitted by law, and to privacy and
confidentiality of records except as otherwise provided by
law.
(b) The right of each patient, regardless of source of
payment, to examine and receive a reasonable explanation
of his total bill for services rendered by his physician
or health care provider, including the itemized charges
for specific services received. Each physician or health
care provider shall be responsible only for a reasonable
explanation of those specific services provided by such
physician or health care provider.

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(c) In the event an insurance company or health
services corporation cancels or refuses to renew an
individual policy or plan, the insured patient shall be
entitled to timely, prior notice of the termination of
such policy or plan.
An insurance company or health services corporation
that requires any insured patient or applicant for new or
continued insurance or coverage to be tested for infection
with human immunodeficiency virus (HIV) or any other
identified causative agent of acquired immunodeficiency
syndrome (AIDS) shall (1) give the patient or applicant
prior written notice of such requirement, (2) proceed with
such testing only upon the written authorization of the
applicant or patient, and (3) keep the results of such
testing confidential. Notice of an adverse underwriting or
coverage decision may be given to any appropriately
interested party, but the insurer may only disclose the
test result itself to a physician designated by the
applicant or patient, and any such disclosure shall be in
a manner that assures confidentiality.
The Department of Insurance shall enforce the
provisions of this subsection.
(d) The right of each patient to privacy and
confidentiality in health care. Each physician, health
care provider, health services corporation and insurance
company shall refrain from disclosing the nature or

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details of services provided to patients, except that such
information may be disclosed: (1) to the patient, (2) to
the party making treatment decisions if the patient is
incapable of making decisions regarding the health
services provided, (3) for treatment in accordance with 45
CFR 164.501 and 164.506, (4) for payment in accordance
with 45 CFR 164.501 and 164.506, (5) to those parties
responsible for peer review, utilization review, and
quality assurance, (6) for health care operations in
accordance with 45 CFR 164.501 and 164.506, (7) to those
parties required to be notified under the Abused and
Neglected Child Reporting Act or the Illinois Sexually
Transmissible Disease Control Act, or (8) as otherwise
permitted, authorized, or required by State or federal
law. This right may be waived in writing by the patient or
the patient's guardian or legal representative, but a
physician or other health care provider may not condition
the provision of services on the patient's, guardian's, or
legal representative's agreement to sign such a waiver. In
the interest of public health, safety, and welfare,
patient information, including, but not limited to, health
information, demographic information, and information
about the services provided to patients, may be
transmitted to or through a health information exchange,
as that term is defined in Section 2 of the Mental Health
and Developmental Disabilities Confidentiality Act, in

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accordance with the disclosures permitted pursuant to this
Section. Patients shall be provided the opportunity to opt
out of their health information being transmitted to or
through a health information exchange in accordance with
the regulations, standards, or contractual obligations
adopted by the Illinois Health Information Exchange Office
in accordance with Section 9.6 of the Mental Health and
Developmental Disabilities Confidentiality Act, Section
9.6 of the AIDS Confidentiality Act, or Section 31.8 of
the Genetic Information Privacy Act, as applicable. In the
case of a patient choosing to opt out of having his or her
information available on an HIE, nothing in this Act shall
cause the physician or health care provider to be liable
for the release of a patient's health information by other
entities that may possess such information, including, but
not limited to, other health professionals, providers,
laboratories, pharmacies, hospitals, ambulatory surgical
centers, and nursing homes.
(e) The right of each patient to receive care from a
medical professional who is culturally sensitive to the
patient's life experience.
(Source: P.A. 101-649, eff. 7-7-20.)