Illinois 99th Regular Session Status: Enacted 4 D cosponsors

HB 1004 — HEALTH-TECH

Last action — Public Act . . . . . . . . . 99-0054

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 02, 2015. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 13 sponsors

    0 primary, 13 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Medical Patient Rights Act. Makes a technical change in a Section concerning the purpose of the Act.

Bill Text

What changed in the latest version

17 added · 17 removed

Plain-language change summary

The amendments to Bill HB 1004 replace the term "Engrossed" with "Enrolled" throughout the document. This change clarifies the status of the bill, indicating that it has completed all legislative approvals and is ready for final signature. It matters because using the correct terminology helps ensure everyone understands the bill's current progress in the legislative process.

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Latest
HB1004 Engrossed LRB099 04835 JLK 24864 b AN ACT concerning health.
HB1004 Enrolled LRB099 04835 JLK 24864 b AN ACT concerning health.
Moneys deposited into the Fund shall, subject to appropriation, be used for grants for programs to prevent the transmission of HIV and other programs and activities consistent with the purposes of this Act, including, but not limited to, preventing and treating HB1004 Engrossed - 2 - LRB099 04835 JLK 24864 b HIV/AIDS, the creation of an HIV/AIDS service delivery system, and the administration of the Act.
Moneys deposited into the Fund shall, subject to appropriation, be used for grants for programs to prevent the transmission of HIV and other programs and activities consistent with the purposes of this Act, including, but not limited to, preventing and treating HB1004 Enrolled - 2 - LRB099 04835 JLK 24864 b HIV/AIDS, the creation of an HIV/AIDS service delivery system, and the administration of the Act.
(6) developing, implementing, and maintaining an HB1004 Engrossed - 3 - LRB099 04835 JLK 24864 b infrastructure for African-American community service organizations to make them less dependent on government resources;
(6) developing, implementing, and maintaining an HB1004 Enrolled - 3 - LRB099 04835 JLK 24864 b infrastructure for African-American community service organizations to make them less dependent on government resources;
HB1004 Engrossed - 4 - LRB099 04835 JLK 24864 b (d) "Covered entity" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103.
HB1004 Enrolled - 4 - LRB099 04835 JLK 24864 b (d) "Covered entity" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103.
HB1004 Engrossed - 5 - LRB099 04835 JLK 24864 b (k) "Health facility" means a hospital, nursing home, blood bank, blood center, sperm bank, or other health care institution, including any "health facility" as that term is defined in the Illinois Finance Authority Act.
HB1004 Enrolled - 5 - LRB099 04835 JLK 24864 b (k) "Health facility" means a hospital, nursing home, blood bank, blood center, sperm bank, or other health care institution, including any "health facility" as that term is defined in the Illinois Finance Authority Act.
(n) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended by the Health Information Technology for Economic and Clinical Health Act of 2009, Public Law 111-05, and any subsequent HB1004 Engrossed - 6 - LRB099 04835 JLK 24864 b amendments thereto and any regulations promulgated thereunder.
(n) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended by the Health Information Technology for Economic and Clinical Health Act of 2009, Public Law 111-05, and any subsequent HB1004 Enrolled - 6 - LRB099 04835 JLK 24864 b amendments thereto and any regulations promulgated thereunder.
where such notice is provided, consent for opt-out HIV testing may be HB1004 Engrossed - 7 - LRB099 04835 JLK 24864 b incorporated into the patient's general consent for medical care on the same basis as are other screening or diagnostic tests;
where such notice is provided, consent for opt-out HIV testing may be HB1004 Enrolled - 7 - LRB099 04835 JLK 24864 b incorporated into the patient's general consent for medical care on the same basis as are other screening or diagnostic tests;
A health care provider, health care professional, or health HB1004 Engrossed - 8 - LRB099 04835 JLK 24864 b facility undertaking an informed consent process for HIV testing under this subsection may combine a form used to obtain informed consent for HIV testing with forms used to obtain written consent for general medical care or any other medical test or procedure, provided that the forms make it clear that the subject may consent to general medical care, tests, or procedures without being required to consent to HIV testing, and clearly explain how the subject may decline HIV testing.
A health care provider, health care professional, or health HB1004 Enrolled - 8 - LRB099 04835 JLK 24864 b facility undertaking an informed consent process for HIV testing under this subsection may combine a form used to obtain informed consent for HIV testing with forms used to obtain written consent for general medical care or any other medical test or procedure, provided that the forms make it clear that the subject may consent to general medical care, tests, or procedures without being required to consent to HIV testing, and clearly explain how the subject may decline HIV testing.
(s) "Minimum necessary" means the HIPAA standard for using, HB1004 Engrossed - 9 - LRB099 04835 JLK 24864 b disclosing, and requesting protected health information found in 45 CFR 164.502(b) and 164.514(d).
(s) "Minimum necessary" means the HIPAA standard for using, HB1004 Enrolled - 9 - LRB099 04835 JLK 24864 b disclosing, and requesting protected health information found in 45 CFR 164.502(b) and 164.514(d).
and (2) a reasonable explanation of the procedures to be followed, including the voluntary nature of the test, the availability of a qualified person to answer questions, the right to withdraw consent to the testing process at any time, the right to anonymity to the extent provided by law HB1004 Engrossed - 10 - LRB099 04835 JLK 24864 b with respect to participation in the test and disclosure of test results, and the right to confidential treatment of information identifying the subject of the test and the results of the test, to the extent provided by law.
and (2) a reasonable explanation of the procedures to be followed, including the voluntary nature of the test, the availability of a qualified person to answer questions, the right to withdraw consent to the testing process at any time, the right to anonymity to the extent provided by law HB1004 Enrolled - 10 - LRB099 04835 JLK 24864 b with respect to participation in the test and disclosure of test results, and the right to confidential treatment of information identifying the subject of the test and the results of the test, to the extent provided by law.
HB1004 Engrossed - 11 - LRB099 04835 JLK 24864 b (aa) "Test" or "HIV test" means a test to determine the presence of the antibody or antigen to HIV, or of HIV infection.
HB1004 Enrolled - 11 - LRB099 04835 JLK 24864 b (aa) "Test" or "HIV test" means a test to determine the presence of the antibody or antigen to HIV, or of HIV infection.
A health care provider, health care professional, or health care facility conducting opt-out testing pursuant to paragraph (2) of subsection (q) of Section 3 shall document the subject's HB1004 Engrossed - 12 - LRB099 04835 JLK 24864 b or the subject's legally authorized representative's declination of the test in the medical record.
A health care provider, health care professional, or health care facility conducting opt-out testing pursuant to paragraph (2) of subsection (q) of Section 3 shall document the subject's HB1004 Enrolled - 12 - LRB099 04835 JLK 24864 b or the subject's legally authorized representative's declination of the test in the medical record.
A physician may notify the spouse or civil union partner of the test subject, if the HB1004 Engrossed - 13 - LRB099 04835 JLK 24864 b test result is positive and has been confirmed pursuant to rules adopted by the Department, provided that the physician has first sought unsuccessfully to persuade the patient to notify the spouse or civil union partner or that, a reasonable time after the patient has agreed to make the notification, the physician has reason to believe that the patient has not provided the notification.
A physician may notify the spouse or civil union partner of the test subject, if the HB1004 Enrolled - 13 - LRB099 04835 JLK 24864 b test result is positive and has been confirmed pursuant to rules adopted by the Department, provided that the physician has first sought unsuccessfully to persuade the patient to notify the spouse or civil union partner or that, a reasonable time after the patient has agreed to make the notification, the physician has reason to believe that the patient has not provided the notification.
(c) An authorized agent or employee of a health facility or health care provider if the health facility or health care provider itself is authorized to obtain the test results, the agent or employee provides patient care or handles or processes specimens of body fluids or HB1004 Engrossed - 14 - LRB099 04835 JLK 24864 b tissues, and the agent or employee has a need to know such information.
(c) An authorized agent or employee of a health facility or health care provider if the health facility or health care provider itself is authorized to obtain the test results, the agent or employee provides patient care or handles or processes specimens of body fluids or HB1004 Enrolled - 14 - LRB099 04835 JLK 24864 b tissues, and the agent or employee has a need to know such information.
HB1004 Engrossed - 15 - LRB099 04835 JLK 24864 b (f-5) A court in accordance with the provisions of Section 12-5.01 of the Criminal Code of 2012.
HB1004 Enrolled - 15 - LRB099 04835 JLK 24864 b (f-5) A court in accordance with the provisions of Section 12-5.01 of the Criminal Code of 2012.
(k) In the case of a minor under 18 years of age whose test result is positive and has been confirmed pursuant to rules adopted by the Department, the health care professional who ordered the test shall make a reasonable effort to notify the minor's parent or legal guardian if, in the professional judgment of the health care HB1004 Engrossed - 16 - LRB099 04835 JLK 24864 b professional, notification would be in the best interest of the child and the health care professional has first sought unsuccessfully to persuade the minor to notify the parent or legal guardian or a reasonable time after the minor has agreed to notify the parent or legal guardian, the health care professional has reason to believe that the minor has not made the notification.
(k) In the case of a minor under 18 years of age whose test result is positive and has been confirmed pursuant to rules adopted by the Department, the health care professional who ordered the test shall make a reasonable effort to notify the minor's parent or legal guardian if, in the professional judgment of the health care HB1004 Enrolled - 16 - LRB099 04835 JLK 24864 b professional, notification would be in the best interest of the child and the health care professional has first sought unsuccessfully to persuade the minor to notify the parent or legal guardian or a reasonable time after the minor has agreed to notify the parent or legal guardian, the health care professional has reason to believe that the minor has not made the notification.
The information and records shall not be released or made public by the State agency, local health authority, or health oversight agency, shall not be admissible as evidence nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or person, and HB1004 Engrossed - 17 - LRB099 04835 JLK 24864 b shall be treated in the same manner as the information and those records subject to the provisions of Part 21 of Article VIII of the Code of Civil Procedure, except under the following circumstances:
The information and records shall not be released or made public by the State agency, local health authority, or health oversight agency, shall not be admissible as evidence nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or person, and HB1004 Enrolled - 17 - LRB099 04835 JLK 24864 b shall be treated in the same manner as the information and those records subject to the provisions of Part 21 of Article VIII of the Code of Civil Procedure, except under the following circumstances:
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Action History

  1. Public Act . . . . . . . . . 99-0054

  2. Effective Date January 1, 2016

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Added as Alternate Co-Sponsor Sen. John G. Mulroe

  7. Third Reading - Passed; 053-000-000

  8. Placed on Calendar Order of 3rd Reading May 13, 2015

  9. Second Reading

  10. Placed on Calendar Order of 2nd Reading May 7, 2015

  11. Do Pass Public Health; 007-000-000

  12. Added as Alternate Co-Sponsor Sen. Heather A. Steans

  13. Added as Alternate Co-Sponsor Sen. Iris Y. Martinez

  14. Added as Alternate Co-Sponsor Sen. Martin A. Sandoval

  15. Added as Alternate Co-Sponsor Sen. Napoleon Harris, III

  16. Added as Alternate Co-Sponsor Sen. Dan Kotowski

  17. Added as Alternate Co-Sponsor Sen. Mattie Hunter

  18. Added as Alternate Co-Sponsor Sen. Donne E. Trotter

  19. Added as Alternate Co-Sponsor Sen. Jennifer Bertino-Tarrant

  20. Added as Alternate Co-Sponsor Sen. James F. Clayborne, Jr.

  21. Added as Alternate Co-Sponsor Sen. Toi W. Hutchinson

  22. Added as Alternate Co-Sponsor Sen. Kimberly A. Lightford

  23. Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins

  24. Alternate Chief Sponsor Changed to Sen. Emil Jones, III

  25. Sponsor Removed Sen. Emil Jones, III

  26. Added as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt

  27. Assigned to Public Health

  28. Added as Alternate Chief Co-Sponsor Sen. Daniel Biss

  29. Added as Alternate Chief Co-Sponsor Sen. Emil Jones, III

  30. Referred to Assignments

  31. First Reading

  32. Chief Senate Sponsor Sen. John J. Cullerton

  33. Placed on Calendar Order of First Reading

  34. Arrive in Senate

  35. Third Reading - Short Debate - Passed 114-000-000

  36. Added Co-Sponsor Rep. Elizabeth Hernandez

  37. Added Co-Sponsor Rep. Sara Feigenholtz

  38. Placed on Calendar Order of 3rd Reading - Short Debate

  39. House Floor Amendment No. 3 Fiscal Note Requested as Amended - Withdrawn by Rep. Ed Sullivan

  40. House Floor Amendment No. 2 Fiscal Note Requested as Amended - Withdrawn by Rep. Ed Sullivan

  41. Added Co-Sponsor Rep. Cynthia Soto

  42. Held on Calendar Order of Second Reading - Short Debate

  43. House Floor Amendment No. 3 Adopted

  44. House Floor Amendment No. 3 Fiscal Note Requested as Amended by Rep. Ed Sullivan

  45. House Floor Amendment No. 2 Fiscal Note Requested as Amended by Rep. Ed Sullivan

  46. House Floor Amendment No. 3 Recommends Be Adopted Human Services Committee; 014-000-000

  47. House Floor Amendment No. 3 Rules Refers to Human Services Committee

  48. Held on Calendar Order of Second Reading - Short Debate

  49. Recalled to Second Reading - Short Debate

  50. House Floor Amendment No. 3 Referred to Rules Committee

  51. House Floor Amendment No. 3 Filed with Clerk by Rep. La Shawn K. Ford

  52. Placed on Calendar Order of 3rd Reading - Short Debate

  53. House Floor Amendment No. 2 Adopted

  54. Second Reading - Short Debate

  55. Added Co-Sponsor Rep. Rita Mayfield

  56. Added Co-Sponsor Rep. Camille Y. Lilly

  57. Added Co-Sponsor Rep. Arthur Turner

  58. Added Co-Sponsor Rep. Esther Golar

  59. Added Co-Sponsor Rep. Thaddeus Jones

  60. Added Chief Co-Sponsor Rep. Christian L. Mitchell

  61. Added Chief Co-Sponsor Rep. Mary E. Flowers

  62. Added Chief Co-Sponsor Rep. Kelly M. Cassidy

  63. Added Chief Co-Sponsor Rep. Gregory Harris

  64. Chief Sponsor Changed to Rep. La Shawn K. Ford

  65. House Floor Amendment No. 2 Recommends Be Adopted Human Services Committee; 008-005-000

  66. House Floor Amendment No. 2 Rules Refers to Human Services Committee

  67. House Floor Amendment No. 2 Referred to Rules Committee

  68. House Floor Amendment No. 2 Filed with Clerk by Rep. La Shawn K. Ford

  69. Placed on Calendar 2nd Reading - Short Debate

  70. House Committee Amendment No. 1 Tabled Pursuant to Rule 40

  71. Do Pass / Short Debate Executive Committee; 011-000-000

  72. House Committee Amendment No. 1 Referred to Rules Committee

  73. House Committee Amendment No. 1 Filed with Clerk by Rep. La Shawn K. Ford

  74. Committee Deadline Extended-Rule 9(b) April 30, 2015

  75. Assigned to Executive Committee

  76. Referred to Rules Committee

  77. First Reading

  78. Filed with the Clerk by Rep. Michael J. Madigan

Sponsors

  • Kimberly A. Lightford · Cosponsor
  • Toi W. Hutchinson · Cosponsor
  • Jr. James F. Clayborne · Cosponsor
  • Jennifer Bertino-Tarrant · Cosponsor
  • Donne E. Trotter · Cosponsor
  • Mattie Hunter · Cosponsor
  • Dan Kotowski · Cosponsor
  • Napoleon Harris III · Cosponsor
  • Martin A. Sandoval · Cosponsor
  • Iris Y. Martinez · Cosponsor
  • Heather A. Steans · Cosponsor
  • John G. Mulroe · Cosponsor
  • La Shawn K. Ford · Cosponsor

Sponsorship breakdown

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0 sponsors · 13 co-sponsors · 170 not signed on

Sponsors (0)

None.

Co-sponsors (13)

Not signed on (170)

170 members have not signed on to this bill.

Show all 170 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 53 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 37005
Republican 3001
Democrat 13000
Total 53006
% of votes cast 90%0%0%10%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Link — Yea
Luechtefeld — Not Voting
Althoff — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
McCarter — Not Voting
Manar — Yea
Duffy — Yea
Forby — Yea
Kotowski — Yea
LaHood — Yea
Landek — Yea
Bennett — Yea
Harris — Yea
Martinez — Yea
McCann — Yea
McConnaughay — Yea
McGuire — Yea
Mulroe — Yea
Muñoz — Yea
Sullivan — Yea
Nybo — Yea
Oberweis — Yea
Cullerton, T. — Yea
Cullerton — Yea
Brady — Not Voting
Silverstein — Yea
Steans — Yea
Trotter — Not Voting
Bush — Yea
Clayborne — Yea
Connelly — Yea
Haine — Yea
Hutchinson — Yea
Noland — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Van Pelt — Not Voting
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Not Voting
Neil Anderson Republican Yea
Sue Rezin Republican Yea

Official roll call →

Third Reading

Passed 114 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 80004
Democrat 28000
Republican 6000
Total 114004
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Sandack — Yea
Willis — Yea
Zalewski — Yea
Madigan — Not Voting
Acevedo — Yea
Andersson — Yea
Anthony — Yea
Arroyo — Yea
Batinick — Yea
Beiser — Yea
Bellock — Yea
Mautino — Yea
Bourne — Yea
Breen — Yea
Brown — Not Voting
Butler — Yea
McAsey — Yea
Ives — Yea
Jesiel — Yea
Phelps — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Lang — Yea
Leitch — Yea
Sente — Yea
Smiddy — Yea
Sommer — Yea
Bennett — Yea
Harris, David — Yea
Soto — Yea
Harris, Greg — Yea
Bradley — Yea
Stewart — Yea
Brady — Yea
Hernandez — Yea
Tabares — Yea
Thapedi — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Wallace — Yea
Jones — Yea
Sullivan — Yea
Wehrli — Yea
Cavaletto — Yea
Cloonen — Yea
Conroy — Yea
Costello — Yea
Currie — Yea
Frese — Yea
Golar — Yea
Hays — Yea
Hurley — Yea
Jackson — Yea
Davis, Monique — Yea
Wheeler, Barbara — Yea
Wheeler, Keith — Yea
Williams — Yea
Mitchell, Bill — Yea
Mitchell, Christian — Yea
McAuliffe — Yea
McDermed — Yea
McSweeney — Yea
Moffitt — Yea
Unes — Not Voting
Winger — Yea
D'Amico — Not Voting
Demmer — Yea
Drury — Yea
Dunkin — Yea
Durkin — Yea
Yingling — Yea
Nekritz — Yea
Kay — Yea
Phillips — Yea
Poe — Yea
Pritchard — Yea
Reaves-Harris — Yea
Reis — Yea
Riley — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Terri Bryant Republican Yea

Official roll call →

Subjects

healthcare technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1004 do?
Amends the Medical Patient Rights Act. Makes a technical change in a Section concerning the purpose of the Act.
Who sponsors HB 1004?
HB 1004 is sponsored by Kimberly A. Lightford (Democrat), Toi W. Hutchinson, James F. Clayborne, Jr., Jennifer Bertino-Tarrant, Donne E. Trotter, Mattie Hunter (Democrat), Dan Kotowski, Napoleon Harris III (Democrat), Martin A. Sandoval, Iris Y. Martinez, Heather A. Steans, John G. Mulroe, and La Shawn K. Ford (Democrat).
What is the current status of HB 1004?
This bill has been enacted into law. Introduced February 02, 2015. Enacted.
Where can I track HB 1004?
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