Bill Text: IL HB5525 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Illinois Insurance Code. Provides that the Department of Insurance shall: provide information to the public on the access to insurance for a living organ donor; and make any received materials related to live organ donation from a recognized live organ procurement organization available to the public. Amends the Illinois Anatomical Gift Act. Provides that a person with a physical or mental disability is not required to demonstrate postoperative independent living abilities in order to have access to a transplant if there is evidence that the person will have sufficient, compensatory support and assistance. Provides that if the Secretary of State receives materials related to live organ donation from a recognized live organ procurement organization, the Secretary shall make the materials available to the public. Provides that the Secretary may seek and accept gifts, grants, or donations from private or public sources. Makes other changes.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5525 Detail]

Download: Illinois-2019-HB5525-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5525

Introduced , by Rep. Nathan D. Reitz

SYNOPSIS AS INTRODUCED:
215 ILCS 5/155.46
755 ILCS 50/5-15 was 755 ILCS 50/4.5
755 ILCS 50/5-47

Amends the Illinois Insurance Code. Provides that the Department of Insurance shall: provide information to the public on the access to insurance for a living organ donor; and make any received materials related to live organ donation from a recognized live organ procurement organization available to the public. Amends the Illinois Anatomical Gift Act. Provides that a person with a physical or mental disability is not required to demonstrate postoperative independent living abilities in order to have access to a transplant if there is evidence that the person will have sufficient, compensatory support and assistance. Provides that if the Secretary of State receives materials related to live organ donation from a recognized live organ procurement organization, the Secretary shall make the materials available to the public. Provides that the Secretary may seek and accept gifts, grants, or donations from private or public sources. Makes other changes.
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A BILL FOR

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1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Insurance Code is amended by
5changing Section 155.46 as follows:
6 (215 ILCS 5/155.46)
7 Sec. 155.46. Prohibition on denial of coverage or increase
8in premiums for living organ donors; information to public on
9insurance for living organ donors.
10 (a) As used in this Section:
11 "Human organ" means all or part of a human's liver,
12pancreas, kidney, intestine, lung, blood, plasma, skin, or bone
13marrow.
14 "Living organ donor" means an individual who has donated
15all or part of a human organ and is not deceased.
16 "Disability insurance policy" means a contract under which
17an entity promises to pay a person a sum of money if an illness
18or injury resulting in a disability prevents that person from
19working.
20 "Life insurance policy" means a contract under which an
21entity promises to pay a designated beneficiary a sum of money
22upon the death of the insured.
23 "Long-term care insurance policy" means a contract for

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1which the only insurance protection provided under the contract
2is coverage of qualified long-term care services.
3 (b) Notwithstanding any other provision of law, it is
4unlawful to refuse to insure, to refuse to continue to insure,
5to limit the amount, extent, or kind of coverage available for
6life insurance, disability insurance, or long-term care
7insurance to an individual, or to charge an individual a
8different rate for the same coverage, solely, and without any
9additional actuarial risks, because of the individual's status
10as a living organ donor.
11 (c) With respect to all other conditions, persons who are
12living organ donors shall be subject to the same standards of
13sound actuarial principles or actual or reasonably anticipated
14experience as are persons who are not organ donors.
15 (d) The Department shall provide information to the public
16on the access to insurance for a living organ donor. If the
17Department receives materials related to live organ donation
18from a recognized live organ procurement organization, the
19Department shall make the materials available to the public.
20(Source: P.A. 101-179, eff. 1-1-20.)
21 Section 10. The Illinois Anatomical Gift Act is amended by
22changing Sections 5-15 and 5-47 as follows:
23 (755 ILCS 50/5-15) (was 755 ILCS 50/4.5)
24 Sec. 5-15. Disability of recipient.

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1 (a) No hospital, physician and surgeon, procurement
2organization, or other person shall determine the ultimate
3recipient of an anatomical gift based upon a potential
4recipient's physical or mental disability, except to the extent
5that the physical or mental disability has been found by a
6physician and surgeon, following a case-by-case evaluation of
7the potential recipient, to be medically significant to the
8provision of the anatomical gift.
9 (b) Subsection (a) shall apply to each part of the organ
10transplant process, including, but not limited to:
11 (1) the referral from a primary care provider to a
12 specialist;
13 (2) the referral from a specialist to a transplant
14 center;
15 (3) the evaluation of the patient for the transplant by
16 the transplant center; and
17 (4) the consideration of the patient for placement on
18 an official waiting list.
19 (b-5) A person with a physical or mental disability is not
20required to demonstrate postoperative independent living
21abilities in order to have access to a transplant if there is
22evidence that the person will have sufficient, compensatory
23support and assistance.
24 (c) The court shall accord priority on its calendar and
25handle expeditiously any action brought to seek any remedy
26authorized by law for purposes of enforcing compliance with

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1this Section.
2 (d) This Section shall not be deemed to require referrals
3or recommendations for or the performance of medically
4inappropriate organ transplants.
5 (e) As used in this Section "disability" has the same
6meaning as in the federal Americans with Disabilities Act of
71990 (42 U.S.C. 12101 et seq., Public Law 101-336) as may be
8amended from time to time.
9(Source: P.A. 98-172, eff. 1-1-14.)
10 (755 ILCS 50/5-47)
11 Sec. 5-47. Rights and duties of procurement organizations,
12the Secretary of State, and others.
13 (a) When a hospital refers an individual at or near death
14to a procurement organization, the organization shall make a
15reasonable search of the records of the Secretary of State and
16any donor registry that it knows exists for the geographical
17area in which the individual resides to ascertain whether the
18individual has made an anatomical gift.
19 (b) A procurement organization shall be allowed reasonable
20access to information in the records of the Secretary of State
21to ascertain whether an individual at or near death is a donor.
22If the individual is a donor who is an unemancipated minor, the
23procurement organization shall conduct a reasonable search for
24a parent or guardian of the donor and shall provide the parent
25or guardian with an opportunity to amend or revoke the

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1anatomical gift of the donor's body.
2 (c) Unless prohibited by law other than this Act, at any
3time after a donor's death, the person to which a part passes
4under Section 5-12 may conduct any reasonable examination
5necessary to ensure the medical suitability of the body or part
6for its intended purpose.
7 (d) Unless prohibited by law other than this Act, an
8examination under subsection (c) may include an examination of
9all medical and dental records of the donor or prospective
10donor.
11 (e) Upon referral by a hospital under subsection (a) of
12this Section, a procurement organization shall make a
13reasonable search for any person listed in subsection (b) of
14Section 5-5 having priority to make an anatomical gift on
15behalf of a prospective donor. If a procurement organization
16receives information that an anatomical gift to any other
17person was made, amended, or revoked, it shall promptly advise
18the other person of all relevant information.
19 (f) Subject to subsection (i) of Section 5-12, the rights
20of the person to which a part passes under Section 5-12 are
21superior to the rights of all others with respect to the part.
22The person may accept or reject an anatomical gift in whole or
23in part. Subject to the terms of the document of gift and this
24Act, a person who accepts an anatomical gift of an entire body
25may allow embalming, burial or cremation, and use of remains in
26a funeral service. If the gift is of a part, the person to

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1which the part passes under Section 5-12, upon the death of the
2donor and before embalming, burial, or cremation, shall cause
3the part to be removed without unnecessary mutilation.
4 (g) Neither the physician who attends the decedent at death
5nor the physician who determines the time of the decedent's
6death may participate in the procedures for removing or
7transplanting a part from the decedent.
8 (h) A physician or technician may remove a donated part
9from the body of a donor that the physician or technician is
10qualified to remove.
11 (i) Not later than July 1, 2020, the Secretary of State
12shall create a database consisting of all individuals who have
13consented to having their names included in the First Person
14Consent organ and tissue donor registry maintained by the
15Secretary of State pursuant to Section 6-117 of the Illinois
16Vehicle Code. This database shall include identifying
17information for each individual, including, where available,
18the individual's name, address, gender, date of birth, driver's
19license or identification card number, social security number
20only if the donor does not have a driver's license or
21identification card number, and date of consent to join the
22registry. The Secretary of State shall update the database not
23less often than every 7 days. Upon executing a data access
24agreement with the Secretary of State, an organ procurement
25organization, as defined in this Act, providing services in the
26State of Illinois shall be granted online access to the

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1database for the purpose of determining whether a potential
2organ and tissue donor is included in the First Person Consent
3organ and tissue donor registry.
4 The organ procurement organization shall indemnify and
5hold harmless the State of Illinois, its officials, and
6employees for any judgments, assessments, damages, fines,
7fees, and legal costs arising out of the acts, omissions,
8decisions, or other conduct of the organ procurement
9organization and its officials, employees, and agents in the
10use of the database.
11 (j) If the Secretary of State receives materials related to
12live organ donation from a recognized live organ procurement
13organization, the Secretary of State shall make the materials
14available to the public. The Secretary of State may seek and
15accept gifts, grants, or donations from private or public
16sources for the purposes of this subsection. The Secretary of
17State may adopt rules as necessary for the implementation of
18this subsection.
19(Source: P.A. 100-41, eff. 1-1-18; 101-179, eff. 1-1-20.)
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