Illinois · House Bill · 102nd General Assembly
HB69
Illinois HB 69 — AN ACT concerning health (Diagnostic Algorithm)

Status ● Failed Effective N/A Passage Likelihood N/A

WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES

How Is This Bill Enforced

Enforcement Authority
No enforcement mechanism specified. The bill amends hospital licensing and patient rights statutes administered by the Department of Public Health and the Department of Innovation and Technology, which would certify diagnostic algorithms. Existing enforcement authorities under the University of Illinois Hospital Act, the Hospital Licensing Act, and the Medical Patient Rights Act would presumably apply.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
No damages, penalties, or remedies specified in the bill text. Enforcement would rely on existing remedies under the amended statutes.

What This Bill Requires

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.

Statutory Text
Analysis & Obligations
110 ILCS 330/8d
Diagnostic algorithm — University of Illinois Hospital
Deployer

(1)–(3) 1 Sec. 8d. Diagnostic algorithm. Before using any diagnostic algorithm to diagnose a patient, the University of Illinois Hospital must first confirm all of the following: (1) The diagnostic algorithm has been certified by the Department of Public Health and the Department of Innovation and Technology. (2) The diagnostic algorithm has been shown to achieve as or more accurate diagnostic results than other diagnostic means. (3) The diagnostic algorithm is not the only method of diagnosis available to a patient.

This new section imposes a pre-use verification obligation on the University of Illinois Hospital specifically. Before using any diagnostic algorithm on a patient, the hospital must confirm three conditions: the algorithm has been jointly certified by IDPH and DoIT, it has demonstrated equal or superior accuracy compared to other diagnostic means, and it is not the sole method of diagnosis available to the patient. The provision functions as a deployment-gating requirement — certification and accuracy validation must be completed before any clinical use.

Compliance actions 1 item
1
The University of Illinois Hospital must, before using any diagnostic algorithm to diagnose a patient, confirm that the algorithm has been certified by the Department of Public Health and the Department of Innovation and Technology, has been shown to achieve equal or better accuracy than other diagnostic means, and is not the sole method of diagnosis available to the patient.
R-02.3
210 ILCS 85/6.28
Diagnostic algorithm — Licensed hospitals
Deployer

(1)–(3) 2 Sec. 6.28. Diagnostic algorithm. Before using any diagnostic algorithm to diagnose a patient, a hospital licensed under this Act must first confirm all of the following: (1) The diagnostic algorithm has been certified by the Department of Public Health and the Department of Innovation and Technology. (2) The diagnostic algorithm has been shown to achieve as or more accurate diagnostic results than other diagnostic means. (3) The diagnostic algorithm is not the only method of diagnosis available to a patient.

This section extends the same three pre-use conditions imposed on the University of Illinois Hospital to all hospitals licensed under the Hospital Licensing Act. The requirements are substantively identical: joint IDPH and DoIT certification, demonstrated equal or superior accuracy, and availability of an alternative diagnostic method. This provision broadens the obligation to cover the entire Illinois licensed hospital system.

Compliance actions 1 item
2
A hospital licensed under the Hospital Licensing Act must, before using any diagnostic algorithm to diagnose a patient, confirm that the algorithm has been certified by the Department of Public Health and the Department of Innovation and Technology, has been shown to achieve equal or better accuracy than other diagnostic means, and is not the sole method of diagnosis available to the patient.
R-02.3
410 ILCS 50/3.5
Patient rights — Diagnostic algorithm
Deployer

3 Sec. 3.5. Diagnostic algorithm. A patient has the right to be told when a diagnostic algorithm will be used to diagnose him or her.

(1)–(2) 4 Before a diagnostic algorithm is used to diagnose a patient, the patient must first: (1) be presented with the option of being diagnosed without the diagnostic algorithm; and (2) consent to the diagnostic algorithm's use.

This section creates three patient-facing rights when a diagnostic algorithm is used: the right to be told that an algorithm will be used, the right to opt for diagnosis without the algorithm, and the requirement of patient consent before the algorithm is applied. Unlike Sections 8d and 6.28, which impose institutional verification duties, this section is framed as a patient rights provision — placing the disclosure, opt-out, and consent obligations on whoever administers the diagnosis.

Compliance actions 2 items
3
Healthcare providers must inform the patient when a diagnostic algorithm will be used to diagnose them.
H-01.3
4
Healthcare providers must, before using a diagnostic algorithm on a patient, (1) present the patient with the option of being diagnosed without the algorithm and (2) obtain the patient's consent to the algorithm's use.
H-01.3

Passage Likelihood

Failed
Status Failed
Final action Added Chief Co-Sponsor Rep. LaToya Greenwood

Legislative History

2021-01-13 Filed with the Clerk by Rep. Mary E. Flowers
2021-01-14 First Reading
2021-01-14 Referred to Rules Committee
2021-02-23 Assigned to Human Services Committee
2021-03-27 Rule 19(a) / Re-referred to Rules Committee
2021-04-06 Added Chief Co-Sponsor Rep. LaToya Greenwood

Entry Last Reviewed

2026-05-16
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