WHAT THIS BILL REGULATES · 3 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a) 1 Before using any diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j to diagnose a patient, the University of Illinois Hospital must first confirm all of the following: (1) The diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j has been certified by the Department of Public Health and the Department of Innovation and Technology. (2) The diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j has been shown to achieve as or more accurate diagnostic results than other diagnostic means. (3) The diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j is not the only method of diagnosis available to a patient.
(b) 2 In order for a diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j to be certified by the Department of Public Health and the Department of Innovation and Technology, the proprietor of the diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j and associated software must regularly evaluate the diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j for biases and discrimination against protected categories of groups under the Illinois Human Rights Act and report its findings on an annual basis to the Department of Public Health and the Department of Innovation and Technology.
(c) 3 Within 3 months after receipt of the report of the proprietor of the diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j under subsection (b), the Department of Public Health and the Department of Innovation and Technology must review the findings and may open further investigations by a third party when deemed appropriate. If the Department of Public Health and the Department of Innovation and Technology find that the diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j has perpetuated biases and discrimination against protected categories of groups under the Illinois Human Rights Act, the proprietor must take prompt action to ensure the biases and discrimination are addressed, as determined by the Department of Public Health and the Department of Innovation and Technology, within 3 months after the finding. If the biases and discrimination are not addressed within 3 months after the finding, the Department of Public Health and the Department of Innovation and Technology shall revoke the diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j's certification until the biases and discrimination are addressed, as determined by the Department of Public Health and Department of Innovation and Technology.
This section imposes pre-use confirmation requirements on the University of Illinois Hospital before it may use any diagnostic algorithm to diagnose a patient. The hospital must verify that the algorithm holds joint certification from the Department of Public Health and the Department of Innovation and Technology, has demonstrated diagnostic accuracy at least equal to other available means, and is not the sole diagnostic method available to the patient.
The section also establishes the certification prerequisites for proprietors of diagnostic algorithms: regular bias evaluations against Illinois Human Rights Act protected categories with annual reporting to both departments. The departments must review the annual report within 3 months and may open third-party investigations. If bias or discrimination is found, the proprietor has a 3-month cure period; failure to remediate triggers mandatory certification revocation.
(a) 4 Before using any diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j to diagnose a patient, a hospital licensed under this Act must first confirm all of the following: (1) The diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j has been certified by the Department of Public Health and the Department of Innovation and Technology. (2) The diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j has been shown to achieve as or more accurate diagnostic results than other diagnostic means. (3) The diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j is not the only method of diagnosis available to a patient.
(b) 5 In order for a diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j to be certified by the Department of Public Health and the Department of Innovation and Technology, the proprietor of the diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j and associated software must regularly evaluate the diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j for biases and discrimination against protected categories of groups under the Illinois Human Rights Act and report its findings on an annual basis to the Department of Public Health and the Department of Innovation and Technology.
(c) 6 Within 3 months after receipt of the report of the proprietor of the diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j under subsection (b), the Department of Public Health and the Department of Innovation and Technology must review the findings and may open further investigations by a third party when deemed appropriate. If the Department of Public Health and the Department of Innovation and Technology find that the diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j has perpetuated biases and discrimination against protected categories of groups under the Illinois Human Rights Act, the proprietor must take prompt action to ensure the biases and discrimination are addressed, as determined by the Department of Public Health and the Department of Innovation and Technology, within 3 months after the finding. If the biases and discrimination are not addressed within 3 months after the finding, the Department of Public Health and the Department of Innovation and Technology shall revoke the diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j's certification until the biases and discrimination are addressed, as determined by the Department of Public Health and Department of Innovation and Technology.
This section extends to all hospitals licensed under the Hospital Licensing Act the same diagnostic algorithm requirements that Section 8j imposes on the University of Illinois Hospital. The substantive obligations are identical: pre-use confirmation of certification, accuracy, and availability of non-algorithmic diagnosis; proprietor bias evaluation and annual reporting; and a 3-month remediation window with certification revocation as the enforcement backstop.
The duplication reflects the bill's structure of amending two separate hospital-governing statutes to achieve comprehensive coverage of Illinois hospitals.
7 A patient has the right to be told when a diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j will be used to diagnose him or her. Before a diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j is used to diagnose a patient, the patient must first be presented with the option of being diagnosed without the diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j and consent to the diagnostic algorithmDiagnostic algorithmThe bill does not provide a formal statutory definition of "diagnostic algorithm." The term is used throughout to refer to any algorithm used to diagnose a patient, subject to certification requirements by the Department of Public Health and the Department of Innovation and Technology.110 ILCS 330/8j's use.
This section amends the Medical Patient Rights Act to create two patient-facing rights when a diagnostic algorithm will be used. First, the patient has the right to be told that a diagnostic algorithm will be used in their diagnosis. Second, the patient must be offered the option of being diagnosed without the algorithm and must consent to the algorithm's use before it proceeds.
The consent-and-alternative requirement is notable — it goes beyond disclosure to guarantee a non-algorithmic diagnostic pathway for any patient who does not wish to be diagnosed by algorithm.