Public Act 099-0054
 
HB1004 EnrolledLRB099 04835 JLK 24864 b



    AN ACT concerning health.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The State Finance Act is amended by changing 
Section 5.666 as follows:
 


    (30 ILCS 105/5.666)


    (Section scheduled to be repealed on July 1, 2016)
    Sec. 5.666. The African-American HIV/AIDS Response Fund. 
This Section is repealed on July 1, 2026 2016.
(Source: P.A. 94-797, eff. 1-1-07; 95-331, eff. 8-21-07.)

 
    Section 10. The African-American HIV/AIDS Response Act is 
amended  by changing Section  27 as follows:
 
    (410 ILCS 303/27)
    (Section scheduled to be repealed on July 1, 2016)
    Sec. 27. African-American HIV/AIDS Response Fund.
    (a) The African-American HIV/AIDS Response Fund is created 
as a special fund in the State treasury.  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 
HIV/AIDS, the creation of an HIV/AIDS service delivery system, 
and the administration of the Act. Moneys for the Fund shall 
come from appropriations by the General Assembly, federal 
funds, and other public resources.
    (b) The Fund shall provide resources for communities in 
Illinois to create an HIV/AIDS service delivery system that 
reduces the disparity of HIV infection and AIDS cases between 
African-Americans and other population groups in Illinois that 
may be impacted by the disease by, including but, not limited 
to:
        (1) developing, implementing, and maintaining a 
    comprehensive, culturally sensitive HIV Prevention Plan 
    targeting communities that are identified as high-risk in 
    terms of the impact of the disease on African-Americans;
        (2) developing, implementing, and maintaining a stable 
    HIV/AIDS service delivery infrastructure in Illinois 
    communities that will meet the needs of African-Americans;
        (3) developing, implementing, and maintaining a 
    statewide HIV/AIDS testing program;
        (4) providing funding for HIV/AIDS social and 
    scientific research to improve prevention and treatment;
        (5) providing comprehensive technical and other 
    assistance to African-American community service 
    organizations that are involved in HIV/AIDS prevention and 
    treatment;
        (6) developing, implementing, and maintaining an 
    infrastructure for African-American community service 
    organizations to make them less dependent on government 
    resources; and
        (7) creating and maintaining at least 17 one-stop 
    shopping HIV/AIDS facilities across the State.
    (c) When providing grants pursuant to this Fund, the 
Department of Public Health shall give priority to the 
development of comprehensive medical and social services to 
African-Americans at risk of infection from or infected with 
HIV/AIDS in areas of the State determined to have the greatest 
geographic prevalence of HIV/AIDS in the African-American 
population.
    (d) The Section is repealed on July 1, 2026 2016.

(Source: P.A. 94-797, eff. 1-1-07.)
 
    Section 15. The AIDS Confidentiality Act is amended  by 
changing Sections 3, 4, and 9 as follows:
 


    (410 ILCS 305/3)  (from Ch. 111 1/2, par. 7303)



    Sec. 3. Definitions. When used in this Act: 

    (a) "AIDS" means acquired immunodeficiency syndrome. 
    (b) "Authority" means the Illinois Health Information 
Exchange Authority established pursuant to the Illinois Health 
Information Exchange and Technology Act. 
    (c) "Business associate" has the meaning ascribed to it 
under HIPAA, as specified in 45 CFR 160.103. 
    (d) "Covered entity" has the meaning ascribed to it under 
HIPAA, as specified in 45 CFR 160.103. 
    (e) "De-identified information" means health information 
that is not individually identifiable as described under HIPAA, 
as specified in 45 CFR 164.514(b). 
    (f) "Department" means the Illinois Department of Public 
Health or its designated agents.

    (g) "Disclosure" has the meaning ascribed to it under 
HIPAA, as specified in 45 CFR 160.103. 
    (h) "Health care operations" has the meaning ascribed to it 
under HIPAA, as specified in 45 CFR 164.501. 
    (i) "Health care professional" means (i) a licensed 
physician, (ii) a
physician assistant
to whom the physician 
assistant's supervising physician has delegated the
provision 
of AIDS and
HIV-related health services, (iii) an advanced 
practice registered nurse who
has a written
collaborative 
agreement with a collaborating physician which authorizes the

provision of AIDS
and HIV-related health services, (iv) an 
advanced practice nurse or physician assistant who practices in 
a hospital or ambulatory surgical treatment center and 
possesses appropriate clinical privileges, (v) a licensed 
dentist, (vi) (v) a licensed podiatric physician, or (vii) (vi) 
an
individual certified to provide HIV testing and counseling 
by a state or local
public health
department. 
    (j) "Health care provider" has the meaning ascribed to it 
under HIPAA, as specified in 45 CFR 160.103. 





    (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.

    (l) "Health information exchange" or "HIE" means a health 
information exchange or health information organization that 
oversees and governs the electronic exchange of health 
information that (i) is established pursuant to the Illinois 
Health Information Exchange and Technology Act, or any 
subsequent amendments thereto, and any administrative rules 
adopted thereunder; (ii) has established a data sharing 
arrangement with the Authority; or (iii) as of August 16, 2013, 
was designated by the Authority Board as a member of, or was 
represented on, the Authority Board's Regional Health 
Information Exchange Workgroup; provided that such designation

shall not require the establishment of a data sharing 
arrangement or other participation with the Illinois Health

Information Exchange or the payment of any fee. In certain 
circumstances, in accordance with HIPAA, an HIE will be a 
business associate.
    (m)  "Health oversight agency" has the meaning ascribed to 
it under HIPAA, as specified in 45 CFR 164.501.
    (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 
amendments thereto and any regulations promulgated thereunder.
    (o) "HIV" means the human immunodeficiency virus. 
    (p) "HIV-related information" means the identity of a 
person upon whom an HIV test is performed, the results of an 
HIV test, as well as diagnosis, treatment, and prescription 
information that reveals a patient is HIV-positive, including 
such information contained in a limited data set.  "HIV-related 
information" does not include information that has been 
de-identified in accordance with HIPAA. 
    (q) "Informed consent" means:
        (1) where a health care provider, health care 
    professional, or health facility has implemented opt-in 
    testing, a process by which an individual or their legal 
    representative receives pre-test information, has an 
    opportunity to ask questions, and consents verbally or in 
    writing to the test without undue inducement or any element 
    of force, fraud, deceit, duress, or other form of 
    constraint or coercion; or
        (2) where a health care provider, health care 
    professional, or health facility has implemented opt-out 
    testing, the individual or their legal representative has 
    been notified verbally or in writing that the test is 
    planned, has received pre-test information, has been given 
    the opportunity to ask questions and the opportunity to 
    decline testing, and has not declined testing; where such 
    notice is provided, consent for opt-out HIV testing may be 
    incorporated into the patient's general consent for 
    medical care on the same basis as are other screening or 
    diagnostic tests; a separate consent for opt-out HIV 
    testing is not required. a written or verbal

agreement by 
    the subject of a test or the subject's
legally authorized 
    representative without undue inducement or any element
of 
    force, fraud, deceit, duress, or other form of constraint 
    or coercion,
which entails at least the following pre-test 
    information: 
        (1) a fair explanation of the test, including its 
    purpose, potential
uses, limitations,   and the meaning of 
    its results; 
        (2) a fair explanation of the procedures to be 
    followed, including the
voluntary nature of the test, the 
    right to withdraw consent to the testing
process at any 
    time, the right to anonymity to the extent provided by law

    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 
    In addition, (3) where the person providing informed 
consent is a participant in an HIE, informed consent requires a 
fair explanation that the results of the patient's HIV test 
will be accessible through an HIE and meaningful disclosure of 
the patient's opt-out right under Section 9.6 of this Act. 
    A health care provider, health care professional, or health 
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. 
Health facility clerical staff or other staff responsible for 
the consent form for general medical care may obtain consent 
for HIV testing through a general consent form. 
    Pre-test information may be provided in writing, verbally, 
or by video, electronic, or other means.  The subject must be 
offered an opportunity to ask questions about the HIV test and 
decline testing. Nothing in this Act shall prohibit a health 
care provider or health care professional from combining 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 
medical procedures without being required to consent to HIV 
testing and clearly explain how the subject may opt out of HIV 
testing.
    (r) "Limited data set" has the meaning ascribed to it under 
HIPAA, as described in 45 CFR 164.514(e)(2).
    (s) "Minimum necessary" means the HIPAA standard for using, 
disclosing, and requesting protected health information found 
in 45 CFR 164.502(b) and 164.514(d). 
    (s-1) "Opt-in testing" means an approach where an HIV test 
is presented by offering the test and the patient accepts or 
declines testing. 
    (s-3) "Opt-out testing" means an approach where an HIV test 
is presented such that a patient is notified that HIV testing 
may occur unless the patient declines. 
    (t) "Organized health care arrangement" has the meaning 
ascribed to it under HIPAA, as specified in 45 CFR 160.103.
    (u) "Patient safety activities" has the meaning ascribed to 
it under 42 CFR 3.20.
    (v) "Payment" has the meaning ascribed to it under HIPAA, 
as specified in 45 CFR 164.501.
    (w) "Person" includes any natural person, partnership, 
association, joint venture, trust, governmental entity, public 
or private corporation, health facility, or other legal entity.
    (w-5) "Pre-test information" means:
        (1) a reasonable explanation of the test, including its 
    purpose, potential uses, limitations, and the meaning of 
    its results; 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 
    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.
    Pre-test information may be provided in writing, verbally, 
or by video, electronic, or other means and may be provided as 
designated by the supervising health care professional or the 
health  facility.
    For the purposes of this definition, a qualified person to 
answer questions is a health care professional or, when acting 
under the supervision of a health care professional, a 
registered nurse, medical assistant, or other person 
determined to be sufficiently knowledgeable about HIV testing, 
its purpose, potential uses, limitations, the meaning of the 
test results, and the testing procedures in the professional 
judgment of a supervising health care professional or as 
designated by a health care facility. 
    (x) "Protected health information" has the meaning 
ascribed to it under HIPAA, as specified in 45 CFR 160.103.
    (y) "Research" has the meaning ascribed to it under HIPAA, 
as specified in 45 CFR 164.501.
    (z) "State agency" means an instrumentality of the State of 
Illinois and any instrumentality of another state that, 
pursuant to applicable law or a written undertaking with an 
instrumentality of the State of Illinois, is bound to protect 
the privacy of HIV-related information of Illinois persons. 


    (aa) "Test" or "HIV test" means a test to determine the 
presence of the
antibody or antigen to HIV, or of HIV 
infection.

    (bb) "Treatment" has the meaning ascribed to it under 
HIPAA, as specified in 45 CFR 164.501.
    (cc) "Use" has the meaning ascribed to it under HIPAA, as 
specified in 45 CFR 160.103, where context dictates. 

(Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15.)
 


    (410 ILCS 305/4)  (from Ch. 111 1/2, par. 7304)




    Sec. 4. Informed consent. No person may order an HIV test 
without first providing pre-test information, as defined under 
subsection (w-5) of Section 3 of this Act, and receiving
the 
documented informed consent
of the subject of the test or the 
subject's legally authorized
representative in accordance with 
paragraph (1) or (2) of subsection (q) of Section 3 of this 
Act.
    A health care provider, health care professional, or health 
care facility conducting opt-in testing and obtaining informed 
consent pursuant to paragraph (1) of subsection (q) of Section 
3 shall document verbal or written consent in the general 
consent for medical care, a separate consent form, or elsewhere 
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 
or the subject's legally authorized representative's 
declination of the test in the medical record. Individual 
documentation of the provision of pre-test information to each 
test subject is not required. A health care provider, health 
care professional, or health facility conducting opt-out 
testing  and shall establish and implement a written procedure 
for conducting opt-out testing pursuant to paragraph (2) of 
subsection (q) of Section 3 and for providing pre-test 
information, as that term is defined under subsection (w-5) of 
Section 3 of this Act. A health care facility or provider may 
offer opt-out HIV testing where the subject or the subject's 
legally authorized representative is informed that the subject 
will be tested for HIV unless he or she refuses.   The health 
care facility or provider must document the provision of 
informed consent, including pre-test information, and whether 
the subject or the subject's legally authorized representative 
declined the offer of HIV testing.


(Source: P.A. 95-7, eff. 6-1-08.)

 



    (410 ILCS 305/9)  (from Ch. 111 1/2, par. 7309)



    Sec. 9. (1) No person may disclose or be compelled to 
disclose HIV-related information, except to the following 
persons:

        (a) The subject of an HIV test or the subject's legally

    authorized representative.  A physician may notify the 
    spouse or civil union partner of the
test subject, if the 
    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. This 
    paragraph shall not create a duty or
obligation under which 
    a physician must notify the spouse or civil union partner 
    of the test
results, nor shall such duty or obligation be 
    implied. No civil liability
or criminal sanction under this 
    Act shall be imposed for any disclosure or
non-disclosure 
    of a test result to a spouse or civil union partner by a 
    physician acting in good
faith under this paragraph.  For 
    the purpose of any proceedings, civil or
criminal, the good 
    faith of any physician acting under this paragraph shall
be 
    presumed.

        (b) Any person designated in a legally effective 
    authorization for release of the HIV-related information 
    executed by the subject of the HIV-related information or 
    the subject's legally
authorized representative.

        (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 
    tissues,
and the agent or employee has a need to know such 
    information.

        (d) The Department and local health authorities 
    serving a population of over 1,000,000 residents or other 
    local health authorities as designated by the Department, 
    in accordance with rules for reporting, preventing, and

    controlling the spread of disease and the conduct of public 
    health surveillance, public health investigations, and 
    public health interventions, as otherwise provided by 
    State law.

The Department,

local health authorities, and 
    authorized representatives shall not disclose HIV test 
    results and HIV-related
information, publicly or in any 
    action of any kind in any court or
before any tribunal, 
    board, or agency.  HIV test results and HIV-related 
    information shall be
protected from disclosure in 
    accordance with the provisions of Sections 8-2101
through 
    8-2105 of the Code of Civil Procedure.

        (e) A health facility, health care provider, or health 
    care professional which procures, processes,
distributes 
    or uses: (i) a human body part from a deceased person
with 
    respect to medical information regarding that person; or 
    (ii) semen
provided prior to the effective date of this Act 
    for the purpose of
artificial insemination.

        (f) Health facility staff committees for the purposes 
    of conducting
program monitoring, program evaluation or 
    service reviews.

        (f-5)  A court in accordance with the provisions of 
    Section 12-5.01 of the Criminal Code of 2012. 
        (g) (Blank).

        (h) Any health care provider, health care 
    professional, or employee of a health facility, and any

    firefighter or EMR, EMT, A-EMT, paramedic, PHRN, or EMT-I, 
    involved in an accidental direct
skin or mucous membrane 
    contact with the blood or bodily fluids of an
individual 
    which is of a nature that may transmit HIV, as determined 
    by a
physician in his medical judgment.

        (i) Any law enforcement officer, as defined in 
    subsection (c) of
Section 7, involved in the line of duty 
    in a direct skin or mucous membrane
contact with the blood 
    or bodily fluids of an individual which is of a
nature that 
    may transmit HIV, as determined by a physician in his 
    medical
judgment.

        (j) A temporary caretaker of a child taken into 
    temporary protective
custody by the Department of Children 
    and Family Services pursuant to Section 5
of the Abused and 
    Neglected Child Reporting Act, as now or hereafter amended.

        (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 
    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.  This subsection
shall not create 
    a duty or obligation under which a health care professional

    must notify the minor's parent or legal guardian of the 
    test results, nor
shall a duty or obligation be implied.  No 
    civil liability or criminal sanction
under this Act shall 
    be imposed for any notification or non-notification of a

    minor's test result by a health care professional acting in 
    good faith under this
subsection.  For the purpose of any 
    proceeding, civil or criminal, the good
faith of any health 
    care professional acting under this subsection shall be

    presumed.

    (2) All information and records held by a State agency, 
local health authority, or health oversight agency pertaining 
to HIV-related information shall be strictly confidential and 
exempt from copying and inspection under the Freedom of 
Information Act. 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 
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:
        (A) when made with the written consent of all persons 
    to whom the information pertains; or
        (B) when authorized by Section 5-4-3 of the Unified 
    Code of Corrections. 
    Disclosure shall be limited to those who have a need to 
know the information, and no additional disclosures may be 
made. 
(Source: P.A. 97-1046, eff. 8-21-12; 97-1150, eff. 1-25-13; 
98-973, eff. 8-15-14; 98-1046, eff. 1-1-15; revised 10-1-14.)


 
    (410 ILCS 305/5 rep.)
    Section 20. The AIDS Confidentiality Act is amended by 
repealing Section 5.