Illinois Compiled Statutes
Chapter 410 - PUBLIC HEALTH
410 ILCS 50/ - Medical Patient Rights Act.

(410 ILCS 50/0.01) (from Ch. 111 1/2, par. 5400)
Sec. 0.01.
Short Title.
This Act may be cited as the Medical Patient Rights Act.

(Source: P.A. 86-1324.)
 
(410 ILCS 50/1) (from Ch. 111 1/2, par. 5401)
Sec. 1.

The purpose of this Act is to establish certain rights for medical
patients and to provide a penalty for the violation thereof.

(Source: P.A. 81-1167.)
 
(410 ILCS 50/2) (from Ch. 111 1/2, par. 5402)
Sec. 2.

As used in this Act, unless the context otherwise requires, the
terms specified in Sections 2.01 through 2.05 have the meanings
ascribed to them in those Sections.

(Source: P.A. 86-820; 86-1355; 86-1475.)
 
(410 ILCS 50/2.01) (from Ch. 111 1/2, par. 5402.01)
Sec. 2.01.

"Patient" means any person who has received or is receiving
medical care, treatment or services from an individual or institution licensed
to provide medical care or treatment in this State.

(Source: P.A. 81-1167.)
 
(410 ILCS 50/2.02) (from Ch. 111 1/2, par. 5402.02)
Sec. 2.02.

"Health services corporation" means any corporation issuing
a plan for medical or hospital services or for the payment or reimbursement
of expenses arising from such services.

(Source: P.A. 81-1167.)
 
(410 ILCS 50/2.03) (from Ch. 111 1/2, par. 5402.03)
Sec. 2.03.
"Health care provider" means any public or private facility
that provides, on an inpatient or outpatient basis, preventive, diagnostic,
therapeutic, convalescent, rehabilitation, mental health, or intellectual disability
services, including general or special hospitals, skilled nursing homes,
extended care facilities, intermediate care facilities and mental health centers.

(Source: P.A. 97-227, eff. 1-1-12.)
 
(410 ILCS 50/2.04) (from Ch. 111 1/2, par. 5402.04)
Sec. 2.04.

"Insurance company" means (1) an insurance company, fraternal
benefit society, and any other insurer subject to regulation under the
Illinois Insurance Code; or (2) a health maintenance organization.

(Source: P.A. 85-677; 85-679.)
 
(410 ILCS 50/2.05) (from Ch. 111 1/2, par. 5402.05)
Sec. 2.05.

"Experimental procedures" means a research program or an
experimental procedure, as defined under the rules and regulations of the
Hospital Licensing Act.

(Source: P.A. 86-1355.)
 
(410 ILCS 50/3) (from Ch. 111 1/2, par. 5403)
Sec. 3. The following rights are hereby established:
(Source: P.A. 101-649, eff. 7-7-20.)
 
(410 ILCS 50/3.1) (from Ch. 111 1/2, par. 5403.1)
Sec. 3.1.

(a) Any patient who is the subject of a research program or
an experimental procedure, as defined under the rules and regulations of
the Hospital Licensing Act, shall have, at a minimum, the right to receive
an explanation of the nature and possible consequences of such research or
experiment before the research or experiment is conducted, and to consent
to or reject it.
(b) No physician may conduct any research program or experimental
procedure on a patient without the prior informed consent of the patient
or, if the patient is unable to consent, the patient's guardian, spouse,
parent, or authorized agent.
(c) This Section shall not apply to any research program or medical
experimental procedure for patients subject to a life-threatening emergency
that is conducted in accordance with Part 50 of Title 21 of, and Part 46 of
Title 45 of, the Code of Federal Regulations.

(Source: P.A. 90-36, eff. 6-27-97.)
 
(410 ILCS 50/3.2) (from Ch. 111 1/2, par. 5403.2)
Sec. 3.2. Visitation rights, policies, and procedures.
(a) Every health care facility in this State shall permit
visitation by any person or persons designated by a patient who is 18 years
of age or older and who is allowed rights of visitation unless (1) the
facility does not allow any visitation for a patient or patients, or (2)
the facility or the patient's physician determines that visitation would
endanger the physical health or safety of a patient or visitor, or would
interfere with the operations of the facility.
(a-5) Notwithstanding subsection (a), during a period for which the Governor has issued a proclamation under Section 7 of the Illinois Emergency Management Agency Act declaring that a disaster exists or in the event of an outbreak or epidemic of a communicable disease in the community in which the health care facility is located, a health care facility shall ensure an opportunity for at least one visitor to visit a resident or patient of the health care facility. A health care facility shall not count a clergy member toward any limit on the number of visitors permitted to visit a resident or patient at one time and shall permit a clergy member to visit with a resident or patient in addition to the permitted number of visitors. Visitation shall be subject to the guidelines, conditions, and limitations of the health care facility's visitation policy and any rules or guidelines established by the U.S. Centers for Medicare and Medicaid Services and the Centers for Disease Control and Prevention.
Visitors under this subsection may be required by the health care facility to submit to health screenings necessary to prevent the spread of infectious disease. A health care facility may restrict facility access to a visitor who does not pass its health screening requirement. A health care facility may require a visitor to adhere to infection control procedures, including wearing personal protective equipment. A health care facility may deny visitation under this Act if visitation would endanger the physical health or safety of a patient, the visitor, or health care workers or would otherwise create a public health or safety problem.
(a-10) Notwithstanding subsection (a), a skilled nursing home, extended care facility, or intermediate care facility may prohibit an individual from visiting a resident or patient of the nursing home or facility if specific facts demonstrate that the individual would endanger his or her physical health or safety or the health or safety of a resident, patient, or health care worker of the nursing home or facility. Any denial of visitation under this subsection (a-10) shall be in writing and shall be provided to the individual and the resident or patient with whom the individual was denied visitation.
(a-15) Each skilled nursing home, extended care facility, and intermediate care facility shall:
(b) Except as provided in subsection (a-5), nothing in this Section shall be construed to further limit or
restrict the right of visitation provided by other provisions of law or to restrict the ability of a health care facility to regulate hours of visitation, the number of visitors per patient, or the movement of visitors within the health care facility.
(c) For the purposes of this Section a "health care facility" does not
include a developmental disability facility, a mental health facility or a
mental health center.

(Source: P.A. 102-989, eff. 5-27-22.)
 
(410 ILCS 50/3.3)
Sec. 3.3. Prohibition on the markup of anatomic pathology services.
(a) A physician who orders, but who does not supervise or perform, an anatomic pathology service shall disclose in a bill for such service presented to the patient:
(b) A physician subject to the requirement of subsection (a) of this Section when billing a patient, insurer, or third-party payer shall not markup, or directly or indirectly increase, the amount subject to disclosure under paragraph (2) of subsection (a) of this Section in any bill presented to a patient, insurer, or third-party payer.
(c) This Section does not prohibit a referring physician from charging a specimen acquisition or processing charge if:
(d) The requirements of this Section do not apply to an anatomic pathology service ordered or provided by:
(e) No patient, insurer, or other third-party payer, shall be required to reimburse any licensed health care professional for charges or claims submitted in violation of this Section.
(f) A person who receives a bill for an anatomic pathology service made in knowing and willful violation of this Section may maintain an action to recover the actual amount paid for the bill.
(g) The Department of Insurance shall enforce the provisions of this Section for any bill submitted to a payer in violation of this Section.
(h) For the purposes of this Section, "anatomic pathology services" means:
(Source: P.A. 98-1127, eff. 1-1-15.)
 
(410 ILCS 50/3.4)
Sec. 3.4. Rights of women; pregnancy and childbirth.
(a) In addition to any other right provided under this Act, every woman has the following rights with regard to pregnancy and childbirth:
(b) The Department of Public Health, Department of Healthcare and Family Services, Department of Children and Family Services, and Department of Human Services shall post, either by physical or electronic means, information about these rights on their publicly available websites. Every health care provider, day care center licensed under the Child Care Act of 1969, Head Start, and community center shall post information about these rights in a prominent place and on their websites, if applicable.
(c) The Department of Public Health shall adopt rules to implement this Section.
(d) Nothing in this Section or any rules adopted under subsection (c) shall be construed to require a physician, health care professional, hospital, hospital affiliate, or health care provider to provide care inconsistent with generally accepted medical standards or available capabilities or resources.

(Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.)
 
(410 ILCS 50/4) (from Ch. 111 1/2, par. 5404)
Sec. 4.
Violations.
Any physician or health care provider that violates
a patient's rights as set forth in subparagraph (b) of Section 3
is guilty of a petty offense and shall be fined $500. Any insurance company
or health service corporation that violates a patient's rights as set forth
in subparagraph (c) of Section 3 is guilty of a petty offense and
shall be fined $1,000. Any physician, health care provider, health services
corporation or insurance company that violates a patient's rights as set forth
in subsection (d) of Section 3 is guilty of a petty offense and
shall be fined $1,000.

(Source: P.A. 92-651, eff. 7-11-02.)
 
(410 ILCS 50/5)
Sec. 5. Statement of hospital patient's rights.
(a) Each patient admitted to a hospital, and the guardian or authorized
representative or parent of a minor patient, shall be given a written
statement of all the rights enumerated in this Act, or a similar statement of
patients' rights required of the hospital by the Joint Commission on
Accreditation of Healthcare Organizations or a similar accrediting
organization. The statement shall be given at the time of admission or as soon
thereafter as the condition of the patient permits.
(b) If a patient is unable to read the written statement, a hospital
shall make a reasonable effort to provide it to the guardian or authorized
representative of the patient.
(c) The statement shall also include the right not to be discriminated against by the hospital due to the patient's race, color, or national origin where such characteristics are not relevant to the patient's medical diagnosis and treatment. The statement shall further provide each admitted patient or the patient's representative or guardian with notice of how to initiate a grievance regarding improper discrimination with the hospital and how the patient may lodge a grievance with the Illinois Department of Public Health and the Illinois Department of Human Rights regardless of whether the patient has first used the hospital's grievance process.

(Source: P.A. 97-485, eff. 8-22-11.)
 
(410 ILCS 50/5.1)
Sec. 5.1. Discrimination grievance procedures. Upon receipt of a grievance alleging unlawful discrimination on the basis of race, color, or national origin, the hospital must investigate the claim and work with the patient to address valid or proven concerns in accordance with the hospital's grievance process. At the conclusion of the hospital's grievance process, the hospital shall inform the patient that such grievances may be reported to the Illinois Department of Public Health if not resolved to the patient's satisfaction at the hospital level.

(Source: P.A. 97-485, eff. 8-22-11.)
 
(410 ILCS 50/5.2)
Sec. 5.2. Emergency room anti-discrimination notice. Every hospital shall post, either by physical or electronic means, a sign next to or in close proximity of its sign required by Section 489.20(q)(1) of Title 42 of the Code of Federal Regulations stating the following:
"You have the right not to be discriminated against by the hospital due to your race, color, or national origin if these characteristics are unrelated to your diagnosis or treatment. If you believe this right has been violated, please call (insert number for hospital grievance officer).".

(Source: P.A. 102-4, eff. 4-27-21.)
 
(410 ILCS 50/6)
Sec. 6. Identification badges. A health care facility that provides treatment or care to a patient in this
State
shall require each employee of or volunteer for the facility, including a
student, who examines or treats
a patient or resident of the facility to wear an identification badge that
readily discloses the first name, licensure status, if any, and staff position
of the person examining or treating the patient or resident. This Section does not apply to a facility licensed or certified under the ID/DD Community Care Act, the MC/DD Act, or the Community-Integrated Living Arrangements Licensure and Certification Act.

(Source: P.A. 98-243, eff. 1-1-14; 98-890, eff. 1-1-15; 99-180, eff. 7-29-15.)
 
(410 ILCS 50/7)
Sec. 7. Patient examination. Any physician, medical student, resident, advanced practice registered nurse, registered nurse, or physician assistant who provides treatment or care to a patient shall inform the patient of his or her profession upon providing the treatment or care, which includes but is not limited to any physical examination, such as a pelvic examination. In the case of an unconscious patient, any care or treatment must be related to the patient's illness, condition, or disease.

(Source: P.A. 100-513, eff. 1-1-18.)
 
(410 ILCS 50/99)
Sec. 99.
This Act takes effect on becoming a law.

(Source: P.A. 88-670, eff. 12-2-94.)

Structure Illinois Compiled Statutes