SB1679 104TH GENERAL ASSEMBLY

LRB104 08541 BAB 18593 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1679

Introduced 2/5/2025, by Sen. Omar Aquino

SYNOPSIS AS INTRODUCED:

New Act

Creates the Health Care Transparency Act. Provides that the Department of Public Health shall identify reproductive health care services, LGBTQ health care services, and end-of-life health care services that are or may be subject to denial of care for nonmedical reasons in the State and develop a clear and simple disclosure form for the purpose of conveying to patients and to the public which of the identified health care services are and are not generally available, are subject to restriction for nonmedical reasons, and are subject to restrictions on referral by each covered entity. Requires the Department to publish and maintain on its public-facing website a current list of covered entities and provide for public access to the disclosure form submitted by each covered entity; adopt rules implementing the Department's duties; and develop and administer to the public an education and awareness program regarding how denial of care may negatively impact health care access and quality, may be avoided, and affects vulnerable people and communities. Establishes disclosure requirements for covered entities. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

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

Section 1. Short title. This Act may be cited as the Health Care Transparency Act.

Section 5. Findings. The General Assembly finds that:

(1) The right of every patient to receive basic information necessary to give full and informed consent is a fundamental tenet of good public health policy and has long been the established law of this State.

(2) Every person having ultimate responsibility for decisions respecting their own health care also possesses a concomitant right of access to complete information respecting their condition and care provided.

(3) For nonmedical reasons, some health care facilities do not provide a full range of health care services and may prohibit, significantly restrict, or otherwise refuse to provide services such as sterilization, infertility treatments, abortion, or contraceptive services, including emergency contraception.

(4) Health care facilities may also deny or selectively restrict care relating to stigmatized populations, including lesbian, gay, bisexual, transgender, and queer individuals, for nonmedical reasons even if equivalent procedures are provided for other patients.

(5) Persons seeking health care frequently lack information about which facilities refuse to provide various health care services for nonmedical reasons and what services they restrict or refuse to provide.

(6) Patients are not well-positioned to understand what treatment options are available to them when health facilities do not disclose treatment options that they refuse to provide for nonmedical reasons.

(7) Consequently, when health care facilities do not disclose that they restrict or refuse to provide various health care services for nonmedical reasons, they can deprive patients of a knowledgeable choice as to alternative treatments, which is inconsistent with the underlying principle of informed consent.

(8) Refusals to provide health care services for nonmedical reasons may:

(A) have long-term negative consequences, resulting in injury, disability, and death;

(B) cause trauma to patients;

(C) impact quality of life;

(D) result in greater health care expenses for patient and payers; and

(E) some denials of care violate State and federal law.

(9) It is the intent of the General Assembly to ensure that patients are given full information about available health care services frequently subject to denial of care for nonmedical reasons to allow them to make well-informed health care decisions.

Section 10. Definitions. As used in this Act:

"Covered entity" means any hospital required to be licensed by the Department of Public Health pursuant to the Hospital Licensing Act that provides general medical and surgical hospital services, except long-term acute care hospitals and rehabilitation hospitals; any ambulatory surgical treatment center licensed under the Ambulatory Surgical Treatment Center Act; and any freestanding emergency center licensed under the Emergency Medical Services (EMS) Systems Act. "Covered entity" does not include a health care practitioner.

"Department" means the Department of Public Health.

"Denial of care" means any refusal by a covered entity to provide a health care service for nonmedical reasons or to provide a referral for a health care service for nonmedical reasons. "Denial of care" includes the following practices, whether based on formal or informal policies or practices, that are not based on generally accepted standards of care:

(1) selective refusal to provide a health care service to some, but not all, patients based on a protected characteristic described in paragraph (A) of Section 1-102 of the Illinois Human Rights Act, objections to a health care service, or some other nonmedical reason; or

(2) a significant restriction on the availability of specific health care services.

"Disclosure form" means the form created by the Department and completed by covered entities pursuant to this Act.

"End-of-life health care services" means any medical, surgical, preventive, counseling, or referral services provided to an individual who is near the end of life or who has a terminal illness. "End-of-life health care services" includes any services relating to palliative care, advanced directives, withdrawal of nutrition services, and hospice care.

"Health care practitioner" means any health care professional licensed to provide health care services.

"Health care service" means the provision of treatment, care, advice or guidance, or services or supplies, including;

(1) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care;

(2) counseling, assessment, procedures, or other services; or

(3) selling, dispensing, or administering a prescription or nonprescription drug, device, or equipment.

"LGBTQ health care services" means any medical, surgical, preventive, counseling, or referral services that are specifically targeted to or that disproportionately affect lesbian, gay, bisexual, transgender, or queer individuals, including gender-affirming care, HIV-related care, and family-building services.

"Nonmedical reasons" means nonclinical criteria, rules, or policies, whether written or unwritten, that restrict health care practitioners at a covered entity from providing a health care service that a health care practitioner is authorized under law to provide and that the covered entity is licensed to provide.

"Reproductive health care services" means any medical, surgical, preventive, counseling, or referral services relating to the human reproductive system, including services relating to contraception, sterilization, assisted reproduction, maternity care, pregnancy, and the termination of a pregnancy.

Section 15. Departmental duties.

(a) Not later than January 1, 2026, the Department shall, in consultation with stakeholders, including a hospital association, patient advocacy groups, and groups representing populations that are disproportionately impacted by denial of care:

(1) identify reproductive health care services, LGBTQ health care services, and end-of-life health care services that are or may be subject to denial of care in the State; and

(2) develop a clear and simple disclosure form for the purpose of conveying to patients and to the public which of the identified health care services are and are not generally available, are subject to restriction for nonmedical reasons, and are subject to restrictions on referral at each covered entity.

(A) This disclosure form must include contact information for the covered entity completing the form in case patients have specific questions about services available at the covered entity.

(B) The Department shall review and, if appropriate, update this form at least biennially in consultation with stakeholders. The Department may develop versions of the disclosure form appropriate for different categories of covered entities.

(b) Beginning on or before March 1, 2026, the Department shall publish and maintain on its public-facing website a current list of covered entities and shall provide for public access the disclosure form submitted by each covered entity. The Department may use various methods of displaying the information to enable patients to compare services by covered entities.

(c) The Department shall adopt rules to implement this Section. The Department's rules must include a process for receiving and investigating complaints regarding covered entities that fail to comply with this Section and for assessing fines against covered entities.

(d) The Department shall develop and administer to the public an education and awareness program regarding how denial of care:

(1) may negatively impact health care access and quality;

(2) may be avoided; and

(3) affects vulnerable people and communities.

Section 20. Covered entity duties.

(a) Not later than 60 days after the Department issues or updates the disclosure form, each covered entity shall submit a completed disclosure form to the Department. A covered entity shall also submit an updated disclosure form within 30 days after making a change to the availability of a health care service identified on the disclosure form.

(b) Not later than March 1, 2026, each covered entity shall adopt a policy for providing patients with its completed disclosure form as part of the informed consent process prior to the initiation of health care services and for recording the patient's receipt of the form. The covered entity's policy must also require health care practitioners who maintain admitting privileges at a covered entity and refer or schedule their patients to receive health care services at the covered entity to provide the covered entity's disclosure form to the patient or the patient's representative prior to referring or scheduling their patients to receive health care services at the covered entity.

(c) On and after March 1, 2026, each covered entity shall:

(1) provide the current disclosure form to the patient or the patient's representative as part of the informed consent process before any health care service is initiated. If informed consent is impracticable because of an emergency or other circumstance, the covered entity may delay the provision of the disclosure form, as appropriate, until the informed consent process is conducted;

(2) maintain a record of a patient's or the patient's representative's receipt of the disclosure form as part of the informed consent process; and

(3) provide its completed disclosure form to any person upon request.

Section 25. Construction.

(a) This Act does not:

(1) permit or authorize restrictions on health care services for nonmedical reasons or discrimination in the provision of health care services; or

(2) limit any cause of action under State or federal law, nor limit any remedy in law or equity, against a covered entity, health care practitioner, or provider of a health benefit plan.

(b) Compliance with this Act does not reduce or limit any potential liability for a covered entity, health care practitioner, or provider of a health benefit plan associated with restrictions on health care services for nonmedical reasons or any violations of State or federal law.

(c) Neither the Health Care Right of Conscience Act nor the Religious Freedom Restoration Act shall provide a claim concerning or a defense to a claim under this Act nor shall those Acts provide a basis for challenging the application or enforcement of this Act or funds appropriated or expended in operation of this Act.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.