Bill Text: IL HB0002 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Medical Patient Rights Act. Provides that every woman has certain rights with regard to pregnancy and childbirth, including the right to receive care that is consistent with current scientific evidence about benefits and risks, the right to choose her birth setting, the right to be provided with certain information, and the right to be treated with respect at all times before, during, and after pregnancy by her health care professionals and to have a health care professional that is culturally competent and treats her appropriately regardless of her ethnicity, sexual orientation, or religious background. Requires the Department of Public Health, Department of Healthcare and Family Services, Department of Children and Family Services, and Department of Human Services to post information about these rights on their publicly available websites. Requires every health care provider, day care center, Head Start, and community center to post information about these rights in a prominent place and on their websites, if applicable. Requires the Department of Public Health to adopt rules to implement the provisions. Effective immediately.

Spectrum: Partisan Bill (Democrat 50-0)

Status: (Enrolled) 2019-06-28 - Sent to the Governor [HB0002 Detail]

Download: Illinois-2019-HB0002-Enrolled.html



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1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Medical Patient Rights Act is amended by
5adding Section 3.4 as follows:
6 (410 ILCS 50/3.4 new)
7 Sec. 3.4. Rights of women; pregnancy and childbirth.
8 (a) In addition to any other right provided under this Act,
9every woman has the following rights with regard to pregnancy
10and childbirth:
11 (1) The right to receive health care before, during,
12 and after pregnancy and childbirth.
13 (2) The right to receive care for her and her infant
14 that is consistent with generally accepted medical
15 standards.
16 (3) The right to choose a certified nurse midwife or
17 physician as her maternity care professional.
18 (4) The right to choose her birth setting from the full
19 range of birthing options available in her community.
20 (5) The right to leave her maternity care professional
21 and select another if she becomes dissatisfied with her
22 care, except as otherwise provided by law.
23 (6) The right to receive information about the names of

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1 those health care professionals involved in her care.
2 (7) The right to privacy and confidentiality of
3 records, except as provided by law.
4 (8) The right to receive information concerning her
5 condition and proposed treatment, including methods of
6 relieving pain.
7 (9) The right to accept or refuse any treatment, to the
8 extent medically possible.
9 (10) The right to be informed if her caregivers wish to
10 enroll her or her infant in a research study in accordance
11 with Section 3.1 of this Act.
12 (11) The right to access her medical records in
13 accordance with Section 8-2001 of the Code of Civil
14 Procedure.
15 (12) The right to receive information in a language in
16 which she can communicate in accordance with federal law.
17 (13) The right to receive emotional and physical
18 support during labor and birth.
19 (14) The right to freedom of movement during labor and
20 to give birth in the position of her choice, within
21 generally accepted medical standards.
22 (15) The right to contact with her newborn, except
23 where necessary care must be provided to the mother or
24 infant.
25 (16) The right to receive information about
26 breastfeeding.

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1 (17) The right to decide collaboratively with
2 caregivers when she and her baby will leave the birth site
3 for home, based on their conditions and circumstances.
4 (18) The right to be treated with respect at all times
5 before, during, and after pregnancy by her health care
6 professionals.
7 (19) The right of each patient, regardless of source of
8 payment, to examine and receive a reasonable explanation of
9 her total bill for services rendered by her maternity care
10 professional or health care provider, including itemized
11 charges for specific services received. Each maternity
12 care professional or health care provider shall be
13 responsible only for a reasonable explanation of those
14 specific services provided by the maternity care
15 professional or health care provider.
16 (b) The Department of Public Health, Department of
17Healthcare and Family Services, Department of Children and
18Family Services, and Department of Human Services shall post
19information about these rights on their publicly available
20websites. Every health care provider, day care center licensed
21under the Child Care Act of 1969, Head Start, and community
22center shall post information about these rights in a prominent
23place and on their websites, if applicable.
24 (c) The Department of Public Health shall adopt rules to
25implement this Section.
26 (d) Nothing in this Section or any rules adopted under

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1subsection (c) shall be construed to require a physician,
2health care professional, hospital, hospital affiliate, or
3health care provider to provide care inconsistent with
4generally accepted medical standards or available capabilities
5or resources.
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