Bill Text: IL HB5115 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-02-08 - Referred to Rules Committee [HB5115 Detail]

Download: Illinois-2023-HB5115-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5115 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
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.
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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 University of Illinois Hospital Act is
amended by adding Section 8j as follows:
(110 ILCS 330/8j new)
Sec. 8j. Diagnostic algorithm.
(a) Before using any diagnostic algorithm to diagnose a
patient, the University of Illinois Hospital must first
confirm all of the following:
(1) The diagnostic algorithm has been certified by the
Department of Public Health and the Department of
Innovation and Technology.
(2) The diagnostic algorithm has been shown to achieve
as or more accurate diagnostic results than other
diagnostic means.
(3) The diagnostic algorithm is not the only method of
diagnosis available to a patient.
(b) In order for a diagnostic algorithm to be certified by
the Department of Public Health and the Department of
Innovation and Technology, the proprietor of the diagnostic
algorithm and associated software must regularly evaluate the
diagnostic algorithm for biases and discrimination against

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protected categories of groups under the Illinois Human Rights
Act and report its findings on an annual basis to the
Department of Public Health and the Department of Innovation
and Technology.
(c) Within 3 months after receipt of the report of the
proprietor of the diagnostic algorithm under subsection (b),
the Department of Public Health and the Department of
Innovation and Technology must review the findings and may
open further investigations by a third party when deemed
appropriate. If the Department of Public Health and the
Department of Innovation and Technology find that the
diagnostic algorithm has perpetuated biases and discrimination
against protected categories of groups under the Illinois
Human Rights Act, the proprietor must take prompt action to
ensure the biases and discrimination are addressed, as
determined by the Department of Public Health and the
Department of Innovation and Technology, within 3 months after
the finding. If the biases and discrimination are not
addressed within 3 months after the finding, the Department of
Public Health and the Department of Innovation and Technology
shall revoke the diagnostic algorithm's certification until
the biases and discrimination are addressed, as determined by
the Department of Public Health and Department of Innovation
and Technology.
Section 10. The Hospital Licensing Act is amended by

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adding Section 6.35 as follows:
(210 ILCS 85/6.35 new)
Sec. 6.35. Diagnostic algorithm.
(a) Before using any diagnostic algorithm to diagnose a
patient, a hospital licensed under this Act must first confirm
all of the following:
(1) The diagnostic algorithm has been certified by the
Department of Public Health and the Department of
Innovation and Technology.
(2) The diagnostic algorithm has been shown to achieve
as or more accurate diagnostic results than other
diagnostic means.
(3) The diagnostic algorithm is not the only method of
diagnosis available to a patient.
(b) In order for a diagnostic algorithm to be certified by
the Department of Public Health and the Department of
Innovation and Technology, the proprietor of the diagnostic
algorithm and associated software must regularly evaluate the
diagnostic algorithm for biases and discrimination against
protected categories of groups under the Illinois Human Rights
Act and report its findings on an annual basis to the
Department of Public Health and the Department of Innovation
and Technology.
(c) Within 3 months after receipt of the report of the
proprietor of the diagnostic algorithm under subsection (b),

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the Department of Public Health and the Department of
Innovation and Technology must review the findings and may
open further investigations by a third party when deemed
appropriate. If the Department of Public Health and the
Department of Innovation and Technology find that the
diagnostic algorithm has perpetuated biases and discrimination
against protected categories of groups under the Illinois
Human Rights Act, the proprietor must take prompt action to
ensure the biases and discrimination are addressed, as
determined by the Department of Public Health and the
Department of Innovation and Technology, within 3 months after
the finding. If the biases and discrimination are not
addressed within 3 months after the finding, the Department of
Public Health and the Department of Innovation and Technology
shall revoke the diagnostic algorithm's certification until
the biases and discrimination are addressed, as determined by
the Department of Public Health and Department of Innovation
and Technology.
Section 15. The Medical Patient Rights Act is amended by
adding Section 3.5 as follows:
(410 ILCS 50/3.5 new)
Sec. 3.5. Diagnostic algorithm. A patient has the right to
be told when a diagnostic algorithm will be used to diagnose
him or her. Before a diagnostic algorithm is used to diagnose a

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