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| Public Act 101-0179 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. This Act may be referred to as the Living Donor | ||||
Protection Act. | ||||
Section 5. The Organ Donor Leave Act is amended by changing | ||||
Section 20 as follows:
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(5 ILCS 327/20)
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Sec. 20. Administration of Act.
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(a) A participating employee subject to this Act who wishes | ||||
to donate blood, an organ, or bone marrow shall request in | ||||
advance leave under this Act.
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(b) An employee may use
(i) up to 30 days of organ donation | ||||
leave in any 12-month period to serve
as a bone marrow donor,
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(ii) up to 30 days of organ donation leave in any 12-month | ||||
period to
serve
as an organ donor,
(iii) up to one hour
to | ||||
donate blood, (iv) up to 1.5 hours to donate double red cells, | ||||
and (v) up to 2 hours
to donate blood platelets. The frequency | ||||
of the blood donation times shall be set by rule in accordance | ||||
with appropriate medical standards
established by the American | ||||
Red Cross, America's Blood Centers, the American Association of | ||||
Blood Banks, or
other nationally-recognized standards.
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(c) An employee may use organ donation leave or other leave | ||
authorized in
subsection (b) of this Section only after | ||
obtaining approval
from the employee's agency.
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(d) An employee may not be required to use accumulated sick | ||
or vacation
leave time before being eligible for organ donor | ||
leave.
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(e) The Department must adopt rules governing organ | ||
donation leave,
including rules that (i) establish conditions | ||
and procedures for requesting
and approving leave and (ii) | ||
require medical documentation of the proposed
organ or
bone | ||
marrow donation before leave is approved by the employing | ||
agency.
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(f) An employer shall not retaliate against an employee for | ||
requesting or obtaining a leave of absence as provided by this | ||
Section. | ||
(Source: P.A. 98-758, eff. 7-16-14.)
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Section 10. The Illinois Insurance Code is amended by | ||
adding Section 155.46 as follows: | ||
(215 ILCS 5/155.46 new) | ||
Sec. 155.46. Prohibition on denial of coverage or increase | ||
in premiums for living organ donors. | ||
(a) As used in this Section: | ||
"Human organ" means all or part of a human's liver, | ||
pancreas, kidney, intestine, lung, blood, plasma, skin, or bone | ||
marrow. | ||
"Living organ donor" means an individual who has donated | ||
all or part of a human organ and is not deceased. | ||
"Disability insurance policy" means a contract under which | ||
an entity promises to pay a person a sum of money if an illness | ||
or injury resulting in a disability prevents that person from | ||
working. | ||
"Life insurance policy" means a contract under which an | ||
entity promises to pay a designated beneficiary a sum of money | ||
upon the death of the insured. | ||
"Long-term care insurance policy" means a contract for | ||
which the only insurance protection provided under the contract | ||
is coverage of qualified long-term care services. | ||
(b) Notwithstanding any other provision of law, it is | ||
unlawful to refuse to insure, to refuse to continue to insure, | ||
to limit the amount, extent, or kind of coverage available for | ||
life insurance, disability insurance, or long-term care | ||
insurance to an individual, or to charge an individual a | ||
different rate for the same coverage, solely because of the | ||
individual's status as a living organ donor. | ||
(c) With respect to all other conditions, persons who are | ||
living organ donors shall be subject to the same standards of | ||
sound actuarial principles or actual or reasonably anticipated | ||
experience as are persons who are not organ donors. | ||
Section 15. The Illinois Anatomical Gift Act is amended by | ||
changing Section 5-47 as follows: | ||
(755 ILCS 50/5-47) | ||
Sec. 5-47. Rights and duties of procurement organizations | ||
and others. | ||
(a) When a hospital refers an individual at or near death | ||
to a procurement organization, the organization shall make a | ||
reasonable search of the records of the Secretary of State and | ||
any donor registry that it knows exists for the geographical | ||
area in which the individual resides to ascertain whether the | ||
individual has made an anatomical gift. | ||
(b) A procurement organization shall be allowed reasonable | ||
access to information in the records of the Secretary of State | ||
to ascertain whether an individual at or near death is a donor. | ||
If the individual is a donor who is an unemancipated minor, the | ||
procurement organization shall conduct a reasonable search for | ||
a parent or guardian of the donor and shall provide the parent | ||
or guardian with an opportunity to amend or revoke the | ||
anatomical gift of the donor's body. | ||
(c) Unless prohibited by law other than this Act, at any | ||
time after a donor's death, the person to which a part passes | ||
under Section 5-12 may conduct any reasonable examination | ||
necessary to ensure the medical suitability of the body or part | ||
for its intended purpose. | ||
(d) Unless prohibited by law other than this Act, an | ||
examination under subsection (c) may include an examination of | ||
all medical and dental records of the donor or prospective | ||
donor. | ||
(e) Upon referral by a hospital under subsection (a) of | ||
this Section, a procurement organization shall make a | ||
reasonable search for any person listed in subsection (b) of | ||
Section 5-5 having priority to make an anatomical gift on | ||
behalf of a prospective donor. If a procurement organization | ||
receives information that an anatomical gift to any other | ||
person was made, amended, or revoked, it shall promptly advise | ||
the other person of all relevant information. | ||
(f) Subject to subsection (i) of Section 5-12, the rights | ||
of the person to which a part passes under Section 5-12 are | ||
superior to the rights of all others with respect to the part. | ||
The person may accept or reject an anatomical gift in whole or | ||
in part. Subject to the terms of the document of gift and this | ||
Act, a person who accepts an anatomical gift of an entire body | ||
may allow embalming, burial or cremation, and use of remains in | ||
a funeral service. If the gift is of a part, the person to | ||
which the part passes under Section 5-12, upon the death of the | ||
donor and before embalming, burial, or cremation, shall cause | ||
the part to be removed without unnecessary mutilation. | ||
(g) Neither the physician who attends the decedent at death | ||
nor the physician who determines the time of the decedent's | ||
death may participate in the procedures for removing or | ||
transplanting a part from the decedent. | ||
(h) A physician or technician may remove a donated part | ||
from the body of a donor that the physician or technician is | ||
qualified to remove.
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(i) Not later than July 1, 2020, the Secretary of State | ||
shall create a database consisting of all individuals who have | ||
consented to having their names included in the First Person | ||
Consent organ and tissue donor registry maintained by the | ||
Secretary of State pursuant to Section 6-117 of the Illinois | ||
Vehicle Code. This database shall include identifying | ||
information for each individual, including, where available, | ||
the individual's name, address, gender, date of birth, driver's | ||
license or identification card number, social security number | ||
only if the donor does not have a driver's license or | ||
identification card number, and date of consent to join the | ||
registry. The Secretary of State shall update the database not | ||
less often than every 7 days. Upon executing a data access | ||
agreement with the Secretary of State, an organ procurement | ||
organization, as defined in this Act, providing services in the | ||
State of Illinois shall be granted online access to the | ||
database for the purpose of determining whether a potential | ||
organ and tissue donor is included in the First Person Consent | ||
organ and tissue donor registry. | ||
The organ procurement organization shall indemnify and | ||
hold harmless the State of Illinois, its officials, and | ||
employees for any judgments, assessments, damages, fines, | ||
fees, and legal costs arising out of the acts, omissions, | ||
decisions, or other conduct of the organ procurement | ||
organization and its officials, employees, and agents in the | ||
use of the database. | ||
(Source: P.A. 100-41, eff. 1-1-18.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2020.
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