PATIENT RIGHTS

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SB1579 - 104th General Assembly

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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. 5402.01
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

A BILL FOR

SB1579
LRB104 07665 BDA 17709 b
1

AN ACT concerning health.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Medical Patient Rights Act is amended by
5
changing Sections 2.01, 3 and 3.1 as follows:

6

(410 ILCS 50/2.01)

(from Ch. 111 1/2, par. 5402.01)
7

Sec. 2.01.
"Patient" means any person who has received or
8
is receiving medical care, treatment or services from an
9
individual or institution licensed to provide medical care or
10
treatment in this State.
"Patient" includes any person whose
11
medical care, treatment, or services received include, but are
12
not limited to, medical care, treatment, or services for the
13
purpose of diagnosis or treatment bearing on the physical or
14
mental health of the person, whether as an inpatient or an
15
outpatient. "Patient" includes any person receiving medical
16
and related services provided in the person's residence to
17
support the person's health and well-being.

18
(Source: P.A. 81-1167.)

19

(410 ILCS 50/3)

(from Ch. 111 1/2, par. 5403)
20

Sec. 3.
The following rights are hereby established:
21

(a) The right of each patient to care consistent with
22

sound nursing and medical practices, to be informed of the

SB1579
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LRB104 07665 BDA 17709 b
1

name
, specialty, and contact information
of the physician
2

responsible for coordinating his or her care,
to be
3

informed of how to reach the facility administrator,
4

outside advocate, interpreter, and legal services,
to
5

receive information concerning his or her condition and
6

proposed treatment, to refuse any treatment to the extent
7

permitted by law, and to privacy and confidentiality of
8

records except as otherwise provided by law.
Current
9

facilities policies, inspection findings of State and
10

local health authorities, and further explanation of the
11

written statement of rights shall be available to
12

patients, their guardians, or their chosen representatives
13

in their preferred language upon reasonable request to the
14

administrator or other designated staff person consistent
15

with Illinois law.
16

(a-5) The right of each patient to be treated with
17

courtesy and respect for the patient's individuality by
18

employees or persons providing medical services or care
19

and to have the patient's human and civil rights
20

maintained in all aspects of medical care. Such employees
21

and persons shall have up-to-date certification,
22

licensure, and training under Illinois law. In accordance
23

with 42 CFR 483.10, patients shall have their basic human
24

needs, including, but not limited to, water, food,
25

medication, toileting, and personal hygiene, accommodated
26

in a timely manner.

SB1579
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LRB104 07665 BDA 17709 b
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(a-10) The right of each patient to have the patient's
2

medical directives reviewed with the health care provider
3

before any procedures are scheduled or decisions are made.
4

(a-15) The right of each patient to continuity and
5

coordination of care among and between all disciplines
6

serving the patient's medical diagnoses and needs.
7

(a-20) The right of each patient who receives services
8

from an outside provider to, upon request, be told the
9

identity of the provider. Disclosed information shall
10

include the name of the outside provider, the address, and
11

a description of the service which may be rendered. In
12

cases where it is medically advisable, as documented by
13

the attending physician in a patient's care record, the
14

information shall be given to the patient's guardian or
15

other person designated by the patient as the patient's
16

representative.

17

(b) The right of each patient, regardless of source of
18

payment, to examine and receive a reasonable explanation
19

of his total bill for services rendered by his physician
20

or health care provider, including the itemized charges
21

for specific services received. Each physician or health
22

care provider shall be responsible only for a reasonable
23

explanation of those specific services provided by such
24

physician or health care provider.
25

(c) In the event an insurance company or health
26

services corporation cancels or refuses to renew an

SB1579
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LRB104 07665 BDA 17709 b
1

individual policy or plan, the insured patient shall be
2

entitled to timely, prior notice of the termination of
3

such policy or plan.
4

An insurance company or health services corporation
5

that requires any insured patient or applicant for new or
6

continued insurance or coverage to be tested for infection
7

with human immunodeficiency virus (HIV) or any other
8

identified causative agent of acquired immunodeficiency
9

syndrome (AIDS) shall (1) give the patient or applicant
10

prior written notice of such requirement, (2) proceed with
11

such testing only upon the written authorization of the
12

applicant or patient, and (3) keep the results of such
13

testing confidential. Notice of an adverse underwriting or
14

coverage decision may be given to any appropriately
15

interested party, but the insurer may only disclose the
16

test result itself to a physician designated by the
17

applicant or patient, and any such disclosure shall be in
18

a manner that assures confidentiality.
19

The Department of Insurance shall enforce the
20

provisions of this subsection.
21

(d) The right of each patient to privacy and
22

confidentiality in health care. Each physician, health
23

care provider, health services corporation and insurance
24

company shall
provide current information concerning the
25

patient's diagnosis, treatment, alternatives, risks, and
26

prognosis in writing to the patient or the patient's legal

SB1579
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LRB104 07665 BDA 17709 b
1

designee upon request and shall
refrain from disclosing
2

the nature or details of services provided to patients,
3

except that such information may be disclosed: (1) to the
4

patient, (2) to the party making treatment decisions if
5

the patient is incapable of making decisions regarding the
6

health services provided, (3) for treatment in accordance
7

with 45 CFR 164.501 and 164.506, (4) for payment in
8

accordance with 45 CFR 164.501 and 164.506, (5) to those
9

parties responsible for peer review, utilization review,
10

and quality assurance, (6) for health care operations in
11

accordance with 45 CFR 164.501 and 164.506, (7) to those
12

parties required to be notified under the Abused and
13

Neglected Child Reporting Act or the Illinois Sexually
14

Transmitted Infection Control Act, or (8) as otherwise
15

permitted, authorized, or required by State or federal
16

law. This right may be waived in writing by the patient or
17

the patient's guardian or legal representative, but a
18

physician or other health care provider may not condition
19

the provision of services on the patient's, guardian's, or
20

legal representative's agreement to sign such a waiver. In
21

the interest of public health, safety, and welfare,
22

patient information, including, but not limited to, health
23

information, demographic information, and information
24

about the services provided to patients, may be
25

transmitted to or through a health information exchange,
26

as that term is defined in Section 2 of the Mental Health

SB1579
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LRB104 07665 BDA 17709 b
1

and Developmental Disabilities Confidentiality Act, in
2

accordance with the disclosures permitted pursuant to this
3

Section. Patients shall be provided the opportunity to opt
4

out
, either digitally or in writing,
of their health
5

information being transmitted to or through a health
6

information exchange in accordance with Section 9.6 of the
7

Mental Health and Developmental Disabilities
8

Confidentiality Act, Section 9.6 of the AIDS
9

Confidentiality Act, or Section 31.8 of the Genetic
10

Information Privacy Act, as applicable.
Patients shall not
11

be denied access to care if they choose to opt out of the
12

sharing of such information.
In the case of a patient
13

choosing to opt out of having his or her information
14

available on an HIE, nothing in this Act shall cause the
15

physician or health care provider to be liable for the
16

release of a patient's health information by other
17

entities that may possess such information, including, but
18

not limited to, other health professionals, providers,
19

laboratories, pharmacies, hospitals, ambulatory surgical
20

centers, and nursing homes.
21
(Source: P.A. 103-508, eff. 8-4-23; 103-1049, eff. 8-9-24.)

22

(410 ILCS 50/3.1)

(from Ch. 111 1/2, par. 5403.1)
23

Sec. 3.1.
(a) Any patient who is the subject of a research
24
program or an experimental procedure, as defined under the
25
rules and regulations of the Hospital Licensing Act, shall

SB1579
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LRB104 07665 BDA 17709 b
1
have, at a minimum, the right to receive an explanation
both in
2
spoken and written words
of the nature and possible
3
consequences of such research or experiment before the
4
research or experiment is
scheduled or
conducted, and to
5
consent to or reject it.
6

(b) No physician
or other provider
may conduct any
7
research program or experimental procedure on a patient
8
without the prior informed consent of the patient
in writing

9
or, if the patient is unable to consent, the patient's
10
guardian, spouse, parent, or authorized agent.
Both the
11
consent and the refusal shall be documented in the
12
individual's care record.

13

(c) This Section shall not apply to any research program
14
or medical experimental procedure for patients subject to a
15
life-threatening emergency that is conducted in accordance
16
with Part 50 of Title 21 of, and Part 46 of Title 45 of, the
17
Code of Federal Regulations.
18
(Source: P.A. 90-36, eff. 6-27-97.)

19

Section 99.
Effective date.
This Act takes effect upon
20
becoming law.

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