Bill Text: IL HB2847 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Organ Donor Leave Act. Provides that an employer shall not retaliate against an employee for requesting or obtaining a leave of absence to donate blood, an organ, or bone marrow. Amends the Illinois Insurance Act. Provides prohibitions on denial of coverage and costs of premiums for living organ donors for life insurance, disability insurance, and long-term care insurance policies. Amends the Illinois Vehicle Code. Requires the Secretary of State to review and update certain public service announcements, websites, and other media relating to live organ donation to educate the public on the benefits of live organ donation and the impact of live organ donation on access to insurance. Effective January 1, 2020.

Spectrum: Moderate Partisan Bill (Democrat 39-8)

Status: (Enrolled) 2019-06-14 - Sent to the Governor [HB2847 Detail]

Download: Illinois-2019-HB2847-Enrolled.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. This Act may be referred to as the Living Donor
5Protection Act.
6 Section 5. The Organ Donor Leave Act is amended by changing
7Section 20 as follows:
8 (5 ILCS 327/20)
9 Sec. 20. Administration of Act.
10 (a) A participating employee subject to this Act who wishes
11to donate blood, an organ, or bone marrow shall request in
12advance leave under this Act.
13 (b) An employee may use (i) up to 30 days of organ donation
14leave in any 12-month period to serve as a bone marrow donor,
15(ii) up to 30 days of organ donation leave in any 12-month
16period to serve as an organ donor, (iii) up to one hour to
17donate blood, (iv) up to 1.5 hours to donate double red cells,
18and (v) up to 2 hours to donate blood platelets. The frequency
19of the blood donation times shall be set by rule in accordance
20with appropriate medical standards established by the American
21Red Cross, America's Blood Centers, the American Association of
22Blood Banks, or other nationally-recognized standards.

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1 (c) An employee may use organ donation leave or other leave
2authorized in subsection (b) of this Section only after
3obtaining approval from the employee's agency.
4 (d) An employee may not be required to use accumulated sick
5or vacation leave time before being eligible for organ donor
6leave.
7 (e) The Department must adopt rules governing organ
8donation leave, including rules that (i) establish conditions
9and procedures for requesting and approving leave and (ii)
10require medical documentation of the proposed organ or bone
11marrow donation before leave is approved by the employing
12agency.
13 (f) An employer shall not retaliate against an employee for
14requesting or obtaining a leave of absence as provided by this
15Section.
16(Source: P.A. 98-758, eff. 7-16-14.)
17 Section 10. The Illinois Insurance Code is amended by
18adding Section 155.46 as follows:
19 (215 ILCS 5/155.46 new)
20 Sec. 155.46. Prohibition on denial of coverage or increase
21in premiums for living organ donors.
22 (a) As used in this Section:
23 "Human organ" means all or part of a human's liver,
24pancreas, kidney, intestine, lung, blood, plasma, skin, or bone

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1marrow.
2 "Living organ donor" means an individual who has donated
3all or part of a human organ and is not deceased.
4 "Disability insurance policy" means a contract under which
5an entity promises to pay a person a sum of money if an illness
6or injury resulting in a disability prevents that person from
7working.
8 "Life insurance policy" means a contract under which an
9entity promises to pay a designated beneficiary a sum of money
10upon the death of the insured.
11 "Long-term care insurance policy" means a contract for
12which the only insurance protection provided under the contract
13is coverage of qualified long-term care services.
14 (b) Notwithstanding any other provision of law, it is
15unlawful to refuse to insure, to refuse to continue to insure,
16to limit the amount, extent, or kind of coverage available for
17life insurance, disability insurance, or long-term care
18insurance to an individual, or to charge an individual a
19different rate for the same coverage, solely because of the
20individual's status as a living organ donor.
21 (c) With respect to all other conditions, persons who are
22living organ donors shall be subject to the same standards of
23sound actuarial principles or actual or reasonably anticipated
24experience as are persons who are not organ donors.
25 Section 15. The Illinois Anatomical Gift Act is amended by

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1changing Section 5-47 as follows:
2 (755 ILCS 50/5-47)
3 Sec. 5-47. Rights and duties of procurement organizations
4and others.
5 (a) When a hospital refers an individual at or near death
6to a procurement organization, the organization shall make a
7reasonable search of the records of the Secretary of State and
8any donor registry that it knows exists for the geographical
9area in which the individual resides to ascertain whether the
10individual has made an anatomical gift.
11 (b) A procurement organization shall be allowed reasonable
12access to information in the records of the Secretary of State
13to ascertain whether an individual at or near death is a donor.
14If the individual is a donor who is an unemancipated minor, the
15procurement organization shall conduct a reasonable search for
16a parent or guardian of the donor and shall provide the parent
17or guardian with an opportunity to amend or revoke the
18anatomical gift of the donor's body.
19 (c) Unless prohibited by law other than this Act, at any
20time after a donor's death, the person to which a part passes
21under Section 5-12 may conduct any reasonable examination
22necessary to ensure the medical suitability of the body or part
23for its intended purpose.
24 (d) Unless prohibited by law other than this Act, an
25examination under subsection (c) may include an examination of

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1all medical and dental records of the donor or prospective
2donor.
3 (e) Upon referral by a hospital under subsection (a) of
4this Section, a procurement organization shall make a
5reasonable search for any person listed in subsection (b) of
6Section 5-5 having priority to make an anatomical gift on
7behalf of a prospective donor. If a procurement organization
8receives information that an anatomical gift to any other
9person was made, amended, or revoked, it shall promptly advise
10the other person of all relevant information.
11 (f) Subject to subsection (i) of Section 5-12, the rights
12of the person to which a part passes under Section 5-12 are
13superior to the rights of all others with respect to the part.
14The person may accept or reject an anatomical gift in whole or
15in part. Subject to the terms of the document of gift and this
16Act, a person who accepts an anatomical gift of an entire body
17may allow embalming, burial or cremation, and use of remains in
18a funeral service. If the gift is of a part, the person to
19which the part passes under Section 5-12, upon the death of the
20donor and before embalming, burial, or cremation, shall cause
21the part to be removed without unnecessary mutilation.
22 (g) Neither the physician who attends the decedent at death
23nor the physician who determines the time of the decedent's
24death may participate in the procedures for removing or
25transplanting a part from the decedent.
26 (h) A physician or technician may remove a donated part

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1from the body of a donor that the physician or technician is
2qualified to remove.
3 (i) Not later than July 1, 2020, the Secretary of State
4shall create a database consisting of all individuals who have
5consented to having their names included in the First Person
6Consent organ and tissue donor registry maintained by the
7Secretary of State pursuant to Section 6-117 of the Illinois
8Vehicle Code. This database shall include identifying
9information for each individual, including, where available,
10the individual's name, address, gender, date of birth, driver's
11license or identification card number, social security number
12only if the donor does not have a driver's license or
13identification card number, and date of consent to join the
14registry. The Secretary of State shall update the database not
15less often than every 7 days. Upon executing a data access
16agreement with the Secretary of State, an organ procurement
17organization, as defined in this Act, providing services in the
18State of Illinois shall be granted online access to the
19database for the purpose of determining whether a potential
20organ and tissue donor is included in the First Person Consent
21organ and tissue donor registry.
22 The organ procurement organization shall indemnify and
23hold harmless the State of Illinois, its officials, and
24employees for any judgments, assessments, damages, fines,
25fees, and legal costs arising out of the acts, omissions,
26decisions, or other conduct of the organ procurement

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1organization and its officials, employees, and agents in the
2use of the database.
3(Source: P.A. 100-41, eff. 1-1-18.)
4 Section 99. Effective date. This Act takes effect January
51, 2020.
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