HLTH CARE RIGHT OF CONSCIENCE Senate SponsorsSen. Daniel Biss, Michael Noland-Julie A. Morrison, Heather A. Steans, William Delgado-Toi W. Hutchinson-Linda Holmes, Iris Y. Martinez-Kimberly A. Lightford, Jacqueline Y. Collins, Emil Jones, III, Donne E. Trotter, Mattie Hunter and Kwame Raoul House Sponsors(Rep. Robyn Gabel-Barbara Flynn Currie-Pamela Reaves-Harris-Will Guzzardi, Ann M. Williams, Deb Conroy, Jaime M. Andrade, Jr., Kelly M. Cassidy, Marcus C. Evans, Jr., Martin J. Moylan, Mike Smiddy, Litesa E. Wallace, Gregory Harris, Emanuel Chris Welch, Silvana Tabares, Elizabeth Hernandez, Carol Sente, Scott Drury, Christian L. Mitchell, Anna Moeller and Sara Feigenholtz) 7/29/2016SenatePublic Act . . . . . . . . . 99-0690 745 ILCS 70/2from Ch. 111 1/2, par. 5302745 ILCS 70/3from Ch. 111 1/2, par. 5303745 ILCS 70/6.1 new745 ILCS 70/6.2 new745 ILCS 70/7from Ch. 111 1/2, par. 5307745 ILCS 70/9from Ch. 111 1/2, par. 5309Amends the Health Care Right of Conscience Act. Makes changes in the Section concerning findings and policy. Defines "access to care and information protocols" and "material information". Provides that notwithstanding any other law, a health care facility, or any physician or health care personnel working in the facility, may refuse to permit, perform, assist in, counsel about, suggest, recommend, refer for, or participate in health care services because of a conscience-based objection only if the refusal occurs in accordance with written access to care and information protocols designed to ensure that (1) the patient receives material information in a timely fashion; and (2) the refusal will not impair the patient's health by causing delay of or inability to access the refused health care service. Provides that nothing in the Act shall be construed to prevent a health care facility from requiring that physicians or health care personnel working in the facility comply with access to care and information protocols. Makes other changes in Sections concerning: (i) discrimination by employers or institutions; and (ii) liability.Senate Committee Amendment No. 2 Makes a change in the Section concerning findings and policy. Provides that the amendatory provisions are applicable notwithstanding other provisions of the Health Care Right of Conscience Act or any other law (rather than "notwithstanding any other law").Senate Floor Amendment No. 3 Deletes reference to:745 ILCS 70/7Adds reference to:745 ILCS 70/6from Ch. 111 1/2, par. 5306Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced, but with the following changes: In a provision defining terms: (i) removes the terms "access to care and information protocols" and "material information" and their corresponding definitions; and (ii) defines "undue delay" as unreasonable delay that causes impairment of the patient's health. Makes changes to a provision concerning the duty of physicians and other health care personnel. Removes a provision concerning the duty to enact and comply with access to care and information protocols and instead provides that all health care facilities shall adopt written access to care and information protocols that are designed to ensure that conscience-based objections do not cause impairment of patients' health and that explain how conscience-based objections will be addressed in a timely manner to facilitate patient health care services. Provides that certain protections under the Act only apply if conscience-based refusals occur in accordance with these protocols. Provides that the protocols must, at a minimum, address certain matters. Removes changes made to a provision concerning discrimination by employers or institutions. Adds a January 1, 2016 effective date.State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) Does not create a State mandate.Correctional Note (Dept of Corrections) There are no penalty enhancements associated with SB 1564. The bill would have no fiscal or population impact on the Department of Corrections. Land Conveyance Appraisal Note (Dept. of Transportation) No land conveyances are included in SB 1564; therefore, there are no appraisals to be filed. Pension Note (Government Forecasting & Accountability) SB 1564 will not impact any public pension fund or retirement system in Illinois. State Debt Impact Note (Government Forecasting & Accountability) SB 1564 as Engrossed, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.Home Rule Note (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. Balanced Budget Note (Office of Management and Budget) This bill will not have a fiscal impact to the State.Judicial Note (Admin Office of the Illinois Courts) This bill would neither increase nor decrease the number of judges needed in the State. Fiscal Note (Dept. of Public Health) SB 1564 has zero fiscal impact on the Department of Public Health. Fiscal Note (Dept. of Healthcare & Family Services) It is unclear if the passage of SB 1564 would jeopardize federal funding for the Illinois Medical Assistance Program. The Church Amendment codified at 42 U.S.C. § 300a-7, stipulates that for healthcare services funded in whole or in part by a program administered by the U.S. Department of Health and Human Services (HHS), no person may be required to "perform or assist in the performance of any sterilization procedure or abortion if his performance or assistance in the performance of such procedure or abortion would be contrary to his religious beliefs or moral convictions." The requirement in SB 1564 that the provider refer individuals to other providers who perform the procedure, especially if abortion or sterilization, violates the Church amendment; such referral could be interpreted as assistance with a morally objectionable procedure. Housing Affordability Impact Note (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. House Floor Amendment No. 1 Removes the effective date Section.Land Conveyance Appraisal Note, House Floor Amendment No. 1 (Dept. of Transportation) No land conveyances are included in Senate Bill 1564 as amended by HA1; therefore, there are no appraisals to be filed.Correctional Note, House Floor Amendment No. 1 (Dept of Corrections) There are no penalty enhancements associated with SB 1564 HA#1. The bill would have no fiscal or population impact on the Department.State Debt Impact Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) Would not affect the affect the level of State indebtedness.Judicial Note, House Floor Amendment No. 1 (Admin Office of the Illinois Courts) Would neither increase nor decrease the number of judges needed in the State.Pension Note, House Floor Amendment No. 1 (Government Forecasting & Accountability) SB 1564 will not impact any public pension fund or retirement system in Illinois.Balanced Budget Note, House Floor Amendment No. 1 (Office of Management and Budget) This bill will not have a fiscal impact to the State.Fiscal Note, House Floor Amendment No. 1 (Dept. of Public Health) SB 1564 has zero fiscal impact on the Department of Public Health. Housing Affordability Impact Note, House Floor Amendment No. 1 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Home Rule Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This legislation does pre-empt home rule authority. State Mandates Fiscal Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This legislation does create a State mandate. 2/20/2015SenateFiled with Secretary by Sen. Daniel Biss 2/20/2015SenateFirst Reading 2/20/2015SenateReferred to Assignments 2/24/2015SenateAdded as Co-Sponsor Sen. Michael Noland 2/26/2015SenateAdded as Chief Co-Sponsor Sen. Julie A. Morrison 3/2/2015SenateAdded as Co-Sponsor Sen. Heather A. Steans 3/3/2015SenateAssigned to Judiciary 3/3/2015SenateAdded as Co-Sponsor Sen. William Delgado 3/3/2015SenateAdded as Chief Co-Sponsor Sen. Toi W. Hutchinson 3/4/2015SenateAdded as Chief Co-Sponsor Sen. Linda Holmes 3/4/2015SenateAdded as Co-Sponsor Sen. Iris Y. Martinez 3/5/2015SenateAdded as Chief Co-Sponsor Sen. Kimberly A. Lightford 3/5/2015SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Daniel Biss 3/5/2015SenateSenate Committee Amendment No. 1 Referred to Assignments 3/10/2015SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary 3/11/2015SenatePostponed - Judiciary 3/16/2015SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Daniel Biss 3/16/2015SenateSenate Committee Amendment No. 2 Referred to Assignments 3/17/2015SenateSenate Committee Amendment No. 2 Assignments Refers to Judiciary 3/17/2015SenateSenate Committee Amendment No. 2 Adopted 3/18/2015SenateDo Pass as Amended Judiciary; 007-003-000 3/18/2015SenatePlaced on Calendar Order of 2nd Reading March 19, 2015 3/19/2015SenateAdded as Co-Sponsor Sen. Jacqueline Y. Collins 3/25/2015SenateAdded as Co-Sponsor Sen. Emil Jones, III 3/27/2015SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments 4/15/2015SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Daniel Biss 4/15/2015SenateSenate Floor Amendment No. 3 Referred to Assignments 4/15/2015SenateSecond Reading 4/15/2015SenatePlaced on Calendar Order of 3rd Reading April 16, 2015 4/21/2015SenateSenate Floor Amendment No. 3 Assignments Refers to Judiciary 4/21/2015SenateAdded as Co-Sponsor Sen. Donne E. Trotter 4/22/2015SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 008-003-000 4/22/2015SenateRecalled to Second Reading 4/22/2015SenateSenate Floor Amendment No. 3 Adopted; Biss 4/22/2015SenatePlaced on Calendar Order of 3rd Reading 4/22/2015SenateAdded as Co-Sponsor Sen. Mattie Hunter 4/22/2015SenateAdded as Co-Sponsor Sen. Kwame Raoul 4/22/2015SenateThird Reading - Passed; 034-019-000 4/22/2015SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a) 4/23/2015HouseArrived in House 4/23/2015HouseChief House Sponsor Rep. Robyn Gabel 4/23/2015HouseFirst Reading 4/23/2015HouseReferred to Rules Committee 4/24/2015HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie 4/29/2015HouseAdded Alternate Co-Sponsor Rep. Ann M. Williams 4/29/2015HouseAdded Alternate Co-Sponsor Rep. Will Guzzardi 4/29/2015HouseAdded Alternate Co-Sponsor Rep. Deb Conroy 4/29/2015HouseAdded Alternate Chief Co-Sponsor Rep. Pamela Reaves-Harris 4/30/2015HouseAdded Alternate Co-Sponsor Rep. Jaime M. Andrade, Jr. 4/30/2015HouseAdded Alternate Co-Sponsor Rep. Kelly M. Cassidy 4/30/2015HouseAdded Alternate Co-Sponsor Rep. Marcus C. Evans, Jr. 4/30/2015HouseAdded Alternate Co-Sponsor Rep. Martin J. Moylan 4/30/2015HouseAdded Alternate Co-Sponsor Rep. Mike Smiddy 4/30/2015HouseAdded Alternate Co-Sponsor Rep. Litesa E. Wallace 5/4/2015HouseAssigned to Human Services Committee 5/6/2015HouseAdded Alternate Co-Sponsor Rep. Gregory Harris 5/6/2015HouseAdded Alternate Co-Sponsor Rep. Emanuel Chris Welch 5/6/2015HouseAdded Alternate Co-Sponsor Rep. Silvana Tabares 5/7/2015HouseAdded Alternate Co-Sponsor Rep. Elizabeth Hernandez 5/8/2015HouseCommittee Deadline Extended-Rule 9(b) May 15, 2015 5/13/2015HouseDo Pass / Short Debate Human Services Committee; 008-005-000 5/13/2015HousePlaced on Calendar 2nd Reading - Short Debate 5/13/2015HouseAdded Alternate Co-Sponsor Rep. Carol Sente 5/14/2015HouseState Mandates Fiscal Note Requested by Rep. Peter Breen 5/15/2015HouseState Mandates Fiscal Note Filed 5/15/2015HouseAdded Alternate Co-Sponsor Rep. Scott Drury 5/15/2015HouseAdded Alternate Co-Sponsor Rep. Christian L. Mitchell 5/18/2015HouseFiscal Note Requested by Rep. Peter Breen 5/18/2015HouseBalanced Budget Note Requested by Rep. Peter Breen 5/18/2015HouseCorrectional Note Requested by Rep. Peter Breen 5/18/2015HouseHome Rule Note Requested by Rep. Peter Breen 5/18/2015HouseHousing Affordability Impact Note Requested by Rep. Peter Breen 5/18/2015HouseJudicial Note Requested by Rep. Peter Breen 5/18/2015HouseLand Conveyance Appraisal Note Requested by Rep. Peter Breen 5/18/2015HousePension Note Requested by Rep. Peter Breen 5/18/2015HouseState Debt Impact Note Requested by Rep. Peter Breen 5/18/2015HouseSecond Reading - Short Debate 5/18/2015HouseHeld on Calendar Order of Second Reading - Short Debate 5/19/2015HouseCorrectional Note Filed 5/19/2015HouseLand Conveyance Appraisal Note Filed 5/19/2015HousePension Note Filed 5/19/2015HouseState Debt Impact Note Filed 5/19/2015HouseHome Rule Note Filed 5/19/2015HouseBalanced Budget Note Filed 5/20/2015HouseJudicial Note Filed 5/21/2015HouseFiscal Note Filed 5/21/2015HouseFiscal Note Filed 5/21/2015HouseHousing Affordability Impact Note Filed 5/21/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/22/2015HouseFinal Action Deadline Extended-9(b) May 31, 2015 5/31/2015HouseFinal Action Deadline Extended-9(b) June 30, 2015 6/30/2015HouseFinal Action Deadline Extended-9(b) July 31, 2015 7/7/2015HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Robyn Gabel 7/7/2015HouseHouse Floor Amendment No. 1 Referred to Rules Committee 7/8/2015HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000 7/9/2015HouseRecalled to Second Reading - Short Debate 7/9/2015HouseHouse Floor Amendment No. 1 Adopted 056-052-000 7/9/2015HouseHeld on Calendar Order of Second Reading - Short Debate 7/9/2015HouseHouse Floor Amendment No. 1 Fiscal Note Requested as Amended by Rep. David B. Reis 7/9/2015HouseHouse Floor Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. David B. Reis 7/9/2015HouseHouse Floor Amendment No. 1 Balanced Budget Note Requested as Amended by Rep. David B. Reis 7/9/2015HouseHouse Floor Amendment No. 1 Judicial Note Requested as Amended by Rep. David B. Reis 7/9/2015HouseHouse Floor Amendment No. 1 State Debt Impact Note Requested as Amended by Rep. David B. Reis 7/9/2015HouseAdded Alternate Chief Co-Sponsor Rep. Will Guzzardi 7/9/2015HouseAlternate Co-Sponsor Removed Rep. Will Guzzardi 7/9/2015HouseHouse Floor Amendment No. 1 Land Conveyance Appraisal Note Filed as Amended 7/9/2015HouseHouse Floor Amendment No. 1 Correctional Note Filed as Amended 7/9/2015HouseHouse Floor Amendment No. 1 State Debt Impact Note Filed as Amended 7/9/2015HouseHouse Floor Amendment No. 1 Judicial Note Filed as Amended 7/9/2015HouseHouse Floor Amendment No. 1 Pension Note Filed as Amended 7/9/2015HouseHouse Floor Amendment No. 1 Balanced Budget Note Filed as Amended 7/10/2015HouseHouse Floor Amendment No. 1 Fiscal Note Filed as Amended 7/13/2015HouseHouse Floor Amendment No. 1 Housing Affordability Impact Note Filed as Amended 7/31/2015HouseFinal Action Deadline Extended-9(b) August 31, 2015 8/31/2015HouseFinal Action Deadline Extended-9(b) September 30, 2015 9/30/2015HouseFinal Action Deadline Extended-9(b) October 31, 2015 10/30/2015HouseFinal Action Deadline Extended-9(b) December 4, 2015 11/10/2015HouseAdded Alternate Co-Sponsor Rep. Anna Moeller 12/4/2015HouseFinal Action Deadline Extended-9(b) January 29, 2016 1/29/2016HouseFinal Action Deadline Extended-9(b) April 28, 2016 4/12/2016HouseSecond Reading - Short Debate 4/12/2016HouseHeld on Calendar Order of Second Reading - Short Debate 4/12/2016HouseHouse Floor Amendment No. 1 Home Rule Note Requested as Amended by Rep. Robyn Gabel 4/19/2016HouseHouse Floor Amendment No. 1 Home Rule Note Filed as Amended 4/19/2016HouseHouse Floor Amendment No. 1 State Mandates Fiscal Note Filed as Amended 4/28/2016HouseRule 19(a) / Re-referred to Rules Committee 5/19/2016HouseApproved for Consideration Rules Committee; 003-001-000 5/19/2016HousePlaced on Calendar 2nd Reading - Short Debate 5/19/2016HouseFinal Action Deadline Extended-9(b) May 27, 2016 5/23/2016HouseSecond Reading - Short Debate 5/23/2016HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/25/2016HouseAdded Alternate Co-Sponsor Rep. Sara Feigenholtz 5/25/2016HouseThird Reading - Short Debate - Passed 061-054-000 5/25/2016HouseVerified 5/25/2016SenateSecretary's Desk - Concurrence House Amendment(s) 1 5/25/2016SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 26, 2016 5/25/2016SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Daniel Biss 5/25/2016SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments 5/26/2016SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Judiciary 5/30/2016SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 007-004-000 5/31/2016SenateVerified 5/31/2016SenateHouse Floor Amendment No. 1 Senate Concurs 034-019-001 5/31/2016SenateSenate Concurs 5/31/2016SenatePassed Both Houses 6/20/2016SenateSent to the Governor 7/29/2016SenateGovernor Approved 7/29/2016SenateEffective Date January 1, 2017 7/29/2016SenatePublic Act . . . . . . . . . 99-0690