SB-2259
IL · State · USA
IL
USA
● Pending
Proposed Effective Date
2026-01-01
Illinois SB 2259 — Health Care Generative AI Use (amending 225 ILCS 60 by adding Section 67)
Requires health facilities, clinics, physician's offices, and group practice offices in Illinois that use generative AI to produce patient communications about clinical information to include a prominent disclaimer that the communication was AI-generated and clear instructions for contacting a human provider. The disclaimer format varies by communication medium (written, chat, audio, video). Communications that are AI-generated but read and reviewed by a licensed or certified human health care provider before delivery are exempt. Violations by licensed facilities or clinics are subject to Department of Financial and Professional Regulation penalties by rule; violations by physicians are subject to Medical Board penalties. No private right of action is created.
Summary

Requires health facilities, clinics, physician's offices, and group practice offices in Illinois that use generative AI to produce patient communications about clinical information to include a prominent disclaimer that the communication was AI-generated and clear instructions for contacting a human provider. The disclaimer format varies by communication medium (written, chat, audio, video). Communications that are AI-generated but read and reviewed by a licensed or certified human health care provider before delivery are exempt. Violations by licensed facilities or clinics are subject to Department of Financial and Professional Regulation penalties by rule; violations by physicians are subject to Medical Board penalties. No private right of action is created.

Enforcement & Penalties
Enforcement Authority
Enforcement is split by entity type. For licensed health facilities and licensed clinics, the Department of Financial and Professional Regulation enforces via penalties implemented by rule. For physicians, the Illinois State Medical Board determines and imposes penalties. Enforcement is agency-initiated; no private right of action is created. No cure period or safe harbor is specified beyond the human-review exemption in subsection (c).
Penalties
Penalties for licensed health facilities and licensed clinics are to be implemented by the Department of Financial and Professional Regulation by rule. Penalties for physicians are to be determined by the Illinois State Medical Board. No statutory minimum, maximum, or specific remedy type is specified in the bill text — penalty amounts and types are delegated to rulemaking and board determination.
Who Is Covered
Compliance Obligations 3 obligations · click obligation ID to open requirement page
T-01 AI Identity Disclosure · T-01.1 · Deployer · Healthcare
225 ILCS 60/67(b)(1)(A)-(D)
Plain Language
Health facilities, clinics, physician's offices, and group practice offices that use generative AI to create patient communications about clinical information must include a prominent disclaimer that the communication was AI-generated. The required format varies by medium: for letters, emails, and similar written messages, the disclaimer must appear prominently at the beginning; for chat-based telehealth and continuous online interactions, it must be displayed throughout; for audio, it must be stated verbally at the start and end; and for video, it must be displayed throughout. This obligation applies only to communications pertaining to patient clinical information — administrative messages about scheduling, billing, or clerical matters are excluded.
Statutory Text
(b) A health facility, clinic, physician's office, or office of a group practice that uses generative artificial intelligence to generate written or verbal patient communications pertaining to patient clinical information shall ensure that the communications include both of the following: (1) A disclaimer that indicates to the patient that the communication was generated by generative artificial intelligence and that is provided in the following manner: (A) for written communications involving physical and digital media, including letters, emails, and other occasional messages, the disclaimer shall appear prominently at the beginning of each communication; (B) for written communications involving continuous online interactions, including chat-based telehealth, the disclaimer shall be prominently displayed throughout the interaction; (C) for audio communications, the disclaimer shall be provided verbally at the start and the end of the interaction; or (D) for video communications, the disclaimer shall be prominently displayed throughout the interaction.
H-01 Human Oversight of Automated Decisions · H-01.4 · Deployer · Healthcare
225 ILCS 60/67(b)(2)
Plain Language
Every AI-generated patient communication about clinical information must include clear instructions for how the patient can contact a human health care provider or other appropriate staff member. This is a standalone requirement that applies alongside the AI-generation disclaimer and ensures patients always have an accessible path to a human. The instructions must be included in every covered communication — the bill does not specify format requirements for this element beyond 'clear instructions.'
Statutory Text
(2) Clear instructions describing how a patient may contact a human health care provider, employee of the health facility, clinic, physician's office, or office of a group provider, or other appropriate person.
HC-02 AI in Licensed Professional Practice Restrictions · HC-02.1 · Professional · Healthcare
225 ILCS 60/67(c)
Plain Language
If a licensed or certified human health care provider reads and reviews an AI-generated patient communication before it is sent, the disclaimer and human-contact-instructions requirements do not apply. This creates a human-review safe harbor: facilities can avoid the labeling obligations entirely by having a credentialed provider review each AI-generated clinical communication. The bill does not specify what 'read and reviewed' entails beyond the plain meaning — it does not require the provider to affirmatively approve, sign, or modify the communication, only that they have read and reviewed it.
Statutory Text
(c) If a communication is generated by generative artificial intelligence and read and reviewed by a human licensed or certified health care provider, the requirements of subdivision (b) do not apply.