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| | HB2847 Enrolled | | LRB101 08522 RAB 53600 b |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 1. This Act may be referred to as the Living Donor |
| 5 | | Protection Act.
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| 6 | | Section 5. The Organ Donor Leave Act is amended by changing |
| 7 | | Section 20 as follows:
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| 8 | | (5 ILCS 327/20)
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| 9 | | Sec. 20. Administration of Act.
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| 10 | | (a) A participating employee subject to this Act who wishes |
| 11 | | to donate blood, an organ, or bone marrow shall request in |
| 12 | | advance leave under this Act.
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| 13 | | (b) An employee may use
(i) up to 30 days of organ donation |
| 14 | | leave in any 12-month period to serve
as a bone marrow donor,
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| 15 | | (ii) up to 30 days of organ donation leave in any 12-month |
| 16 | | period to
serve
as an organ donor,
(iii) up to one hour
to |
| 17 | | donate blood, (iv) up to 1.5 hours to donate double red cells, |
| 18 | | and (v) up to 2 hours
to donate blood platelets. The frequency |
| 19 | | of the blood donation times shall be set by rule in accordance |
| 20 | | with appropriate medical standards
established by the American |
| 21 | | Red Cross, America's Blood Centers, the American Association of |
| 22 | | Blood Banks, or
other nationally-recognized standards.
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| 1 | | (c) An employee may use organ donation leave or other leave |
| 2 | | authorized in
subsection (b) of this Section only after |
| 3 | | obtaining approval
from the employee's agency.
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| 4 | | (d) An employee may not be required to use accumulated sick |
| 5 | | or vacation
leave time before being eligible for organ donor |
| 6 | | leave.
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| 7 | | (e) The Department must adopt rules governing organ |
| 8 | | donation leave,
including rules that (i) establish conditions |
| 9 | | and procedures for requesting
and approving leave and (ii) |
| 10 | | require medical documentation of the proposed
organ or
bone |
| 11 | | marrow donation before leave is approved by the employing |
| 12 | | agency.
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| 13 | | (f) An employer shall not retaliate against an employee for |
| 14 | | requesting or obtaining a leave of absence as provided by this |
| 15 | | Section. |
| 16 | | (Source: P.A. 98-758, eff. 7-16-14.)
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| 17 | | Section 10. The Illinois Insurance Code is amended by |
| 18 | | adding Section 155.46 as follows:
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| 19 | | (215 ILCS 5/155.46 new) |
| 20 | | Sec. 155.46. Prohibition on denial of coverage or increase |
| 21 | | in premiums for living organ donors. |
| 22 | | (a) As used in this Section: |
| 23 | | "Human organ" means all or part of a human's liver, |
| 24 | | pancreas, kidney, intestine, lung, blood, plasma, skin, or bone |
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| 1 | | marrow. |
| 2 | | "Living organ donor" means an individual who has donated |
| 3 | | all or part of a human organ and is not deceased. |
| 4 | | "Disability insurance policy" means a contract under which |
| 5 | | an entity promises to pay a person a sum of money if an illness |
| 6 | | or injury resulting in a disability prevents that person from |
| 7 | | working. |
| 8 | | "Life insurance policy" means a contract under which an |
| 9 | | entity promises to pay a designated beneficiary a sum of money |
| 10 | | upon the death of the insured. |
| 11 | | "Long-term care insurance policy" means a contract for |
| 12 | | which the only insurance protection provided under the contract |
| 13 | | is coverage of qualified long-term care services. |
| 14 | | (b) Notwithstanding any other provision of law, it is |
| 15 | | unlawful to refuse to insure, to refuse to continue to insure, |
| 16 | | to limit the amount, extent, or kind of coverage available for |
| 17 | | life insurance, disability insurance, or long-term care |
| 18 | | insurance to an individual, or to charge an individual a |
| 19 | | different rate for the same coverage, solely because of the |
| 20 | | individual's status as a living organ donor. |
| 21 | | (c) With respect to all other conditions, persons who are |
| 22 | | living organ donors shall be subject to the same standards of |
| 23 | | sound actuarial principles or actual or reasonably anticipated |
| 24 | | experience as are persons who are not organ donors.
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| 25 | | Section 15. The Illinois Anatomical Gift Act is amended by |
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| 1 | | changing Section 5-47 as follows:
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| 2 | | (755 ILCS 50/5-47) |
| 3 | | Sec. 5-47. Rights and duties of procurement organizations |
| 4 | | and others. |
| 5 | | (a) When a hospital refers an individual at or near death |
| 6 | | to a procurement organization, the organization shall make a |
| 7 | | reasonable search of the records of the Secretary of State and |
| 8 | | any donor registry that it knows exists for the geographical |
| 9 | | area in which the individual resides to ascertain whether the |
| 10 | | individual has made an anatomical gift. |
| 11 | | (b) A procurement organization shall be allowed reasonable |
| 12 | | access to information in the records of the Secretary of State |
| 13 | | to ascertain whether an individual at or near death is a donor. |
| 14 | | If the individual is a donor who is an unemancipated minor, the |
| 15 | | procurement organization shall conduct a reasonable search for |
| 16 | | a parent or guardian of the donor and shall provide the parent |
| 17 | | or guardian with an opportunity to amend or revoke the |
| 18 | | anatomical gift of the donor's body. |
| 19 | | (c) Unless prohibited by law other than this Act, at any |
| 20 | | time after a donor's death, the person to which a part passes |
| 21 | | under Section 5-12 may conduct any reasonable examination |
| 22 | | necessary to ensure the medical suitability of the body or part |
| 23 | | for its intended purpose. |
| 24 | | (d) Unless prohibited by law other than this Act, an |
| 25 | | examination under subsection (c) may include an examination of |
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| 1 | | all medical and dental records of the donor or prospective |
| 2 | | donor. |
| 3 | | (e) Upon referral by a hospital under subsection (a) of |
| 4 | | this Section, a procurement organization shall make a |
| 5 | | reasonable search for any person listed in subsection (b) of |
| 6 | | Section 5-5 having priority to make an anatomical gift on |
| 7 | | behalf of a prospective donor. If a procurement organization |
| 8 | | receives information that an anatomical gift to any other |
| 9 | | person was made, amended, or revoked, it shall promptly advise |
| 10 | | the other person of all relevant information. |
| 11 | | (f) Subject to subsection (i) of Section 5-12, the rights |
| 12 | | of the person to which a part passes under Section 5-12 are |
| 13 | | superior to the rights of all others with respect to the part. |
| 14 | | The person may accept or reject an anatomical gift in whole or |
| 15 | | in part. Subject to the terms of the document of gift and this |
| 16 | | Act, a person who accepts an anatomical gift of an entire body |
| 17 | | may allow embalming, burial or cremation, and use of remains in |
| 18 | | a funeral service. If the gift is of a part, the person to |
| 19 | | which the part passes under Section 5-12, upon the death of the |
| 20 | | donor and before embalming, burial, or cremation, shall cause |
| 21 | | the part to be removed without unnecessary mutilation. |
| 22 | | (g) Neither the physician who attends the decedent at death |
| 23 | | nor the physician who determines the time of the decedent's |
| 24 | | death may participate in the procedures for removing or |
| 25 | | transplanting a part from the decedent. |
| 26 | | (h) A physician or technician may remove a donated part |
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| 1 | | from the body of a donor that the physician or technician is |
| 2 | | qualified to remove.
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| 3 | | (i) Not later than July 1, 2020, the Secretary of State |
| 4 | | shall create a database consisting of all individuals who have |
| 5 | | consented to having their names included in the First Person |
| 6 | | Consent organ and tissue donor registry maintained by the |
| 7 | | Secretary of State pursuant to Section 6-117 of the Illinois |
| 8 | | Vehicle Code. This database shall include identifying |
| 9 | | information for each individual, including, where available, |
| 10 | | the individual's name, address, gender, date of birth, driver's |
| 11 | | license or identification card number, social security number |
| 12 | | only if the donor does not have a driver's license or |
| 13 | | identification card number, and date of consent to join the |
| 14 | | registry. The Secretary of State shall update the database not |
| 15 | | less often than every 7 days. Upon executing a data access |
| 16 | | agreement with the Secretary of State, an organ procurement |
| 17 | | organization, as defined in this Act, providing services in the |
| 18 | | State of Illinois shall be granted online access to the |
| 19 | | database for the purpose of determining whether a potential |
| 20 | | organ and tissue donor is included in the First Person Consent |
| 21 | | organ and tissue donor registry. |
| 22 | | The organ procurement organization shall indemnify and |
| 23 | | hold harmless the State of Illinois, its officials, and |
| 24 | | employees for any judgments, assessments, damages, fines, |
| 25 | | fees, and legal costs arising out of the acts, omissions, |
| 26 | | decisions, or other conduct of the organ procurement |