Illinois Compiled Statutes
410 ILCS 50/3 (2026)
The following rights are hereby established: (a) The right of each patient to care consistent with sound nursing and medical practices, to be informed of the name of the physician responsible for coordinating his or her care, to receive information concerning his or her condition and proposed treatment, to refuse any treatment to the extent permitted by law, and to privacy and confidentiality of records except as otherwise provided by law
✓ current as of May 2026
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(410 ILCS 50/3)
(from Ch. 111 1/2, par. 5403) Sec. 3. The following rights are hereby established: (a) The right of each patient to care consistent with | sound nursing and medical practices, to be informed of the name of the physician responsible for coordinating his or her care, to receive information concerning his or her condition and proposed treatment, to refuse any treatment to the extent permitted by law, and to privacy and confidentiality of records except as otherwise provided by law. |
(b) The right of each patient, regardless of source | of payment, to examine and receive a reasonable explanation of his total bill for services rendered by his physician or health care provider, including the itemized charges for specific services received. Each physician or health care provider shall be responsible only for a reasonable explanation of those specific services provided by such physician or health care provider. |
(c) In the event an insurance company or health | services corporation cancels or refuses to renew an individual policy or plan, the insured patient shall be entitled to timely, prior notice of the termination of such policy or plan. |
An insurance company or health services corporation | that requires any insured patient or applicant for new or continued insurance or coverage to be tested for infection with human immunodeficiency virus (HIV) or any other identified causative agent of acquired immunodeficiency syndrome (AIDS) shall (1) give the patient or applicant prior written notice of such requirement, (2) proceed with such testing only upon the written authorization of the applicant or patient, and (3) keep the results of such testing confidential. Notice of an adverse underwriting or coverage decision may be given to any appropriately interested party, but the insurer may only disclose the test result itself to a physician designated by the applicant or patient, and any such disclosure shall be in a manner that assures confidentiality. |
The Department of Insurance shall enforce the | provisions of this subsection. |
(d) The right of each patient to privacy and | confidentiality in health care. Each physician, health care provider, health services corporation and insurance company shall refrain from disclosing the nature or details of services provided to patients, except that such information may be disclosed: (1) to the patient, (2) to the party making treatment decisions if the patient is incapable of making decisions regarding the health services provided, (3) for treatment in accordance with 45 CFR 164.501 and 164.506, (4) for payment in accordance with 45 CFR 164.501 and 164.506, (5) to those parties responsible for peer review, utilization review, and quality assurance, (6) for health care operations in accordance with 45 CFR 164.501 and 164.506, (7) to those parties required to be notified under the Abused and Neglected Child Reporting Act or the Illinois Sexually Transmitted Infection Control Act, or (8) as otherwise permitted, authorized, or required by State or federal law. This right may be waived in writing by the patient or the patient's guardian or legal representative, but a physician or other health care provider may not condition the provision of services on the patient's, guardian's, or legal representative's agreement to sign such a waiver. In the interest of public health, safety, and welfare, patient information, including, but not limited to, health information, demographic information, and information about the services provided to patients, may be transmitted to or through a health information exchange, as that term is defined in Section 2 of the Mental Health and Developmental Disabilities Confidentiality Act, in accordance with the disclosures permitted pursuant to this Section. Patients shall be provided the opportunity to opt out of their health information being transmitted to or through a health information exchange in accordance with Section 9.6 of the Mental Health and Developmental Disabilities Confidentiality Act, Section 9.6 of the AIDS Confidentiality Act, or Section 31.8 of the Genetic Information Privacy Act, as applicable. In the case of a patient choosing to opt out of having his or her information available on an HIE, nothing in this Act shall cause the physician or health care provider to be liable for the release of a patient's health information by other entities that may possess such information, including, but not limited to, other health professionals, providers, laboratories, pharmacies, hospitals, ambulatory surgical centers, and nursing homes. |
(Source: P.A. 103-508, eff. 8-4-23; 103-1049, eff. 8-9-24.)
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 1998–2022 · leading case: Turner v. Mem'l Med. Ctr., 911 N.E.2d 369 (Ill. 2009).
Turner v. Mem'l Med. Ctr., 911 N.E.2d 369 (Ill. 2009). “’ ” 410 ILCS 50/3 (West 2006). However, the mere citation of a constitutional or statutory provision in a complaint will not, by itself, be sufficient to state a cause of action for retaliatory discharge.”
Coy v. Washington Cnty. Hosp. Dist., 866 N.E.2d 651 (Ill. App. Ct. 2007). “Illinois law recognizes *657 an individual's right to privacy and confidentiality in health care and medical records in the Medical Patient Rights Act (410 ILCS 50/3(d) (West 2004)) and the Hospital Licensing Act (210 ILCS 85/6.”
Martis v. Pekin Mem'l Hosp., Inc., 917 N.E.2d 598 (Ill. App. Ct. 2009). “" 410 ILCS 50/3(b) (West 2006). Here, we need not decide whether the Medical Patient Rights Act allows a private right of action since we find that plaintiff has failed to state a claim under the Act.”
Moss v. Amira, 826 N.E.2d 1001 (Ill. App. Ct. 2005). “The court reviewed Illinois' Code of Civil Procedure (735 ILCS 5/8-802 (West 2002)), the Medical Patients Rights Act (410 ILCS 50/3(a), (d) (West 2002)), and the Hospital Licensing Act (210 ILCS 85/6.”
People v. Austin, 2019 IL 123910 (Ill. 2019). “5 is similar to laws prohibiting the unauthorized disclosure of other forms of private information, such as medical records (410 ILCS 50/3(d) (West 2016)), biometric data (740 ILCS 14/15 (West 2016)), or Social Security numbers (5 ILCS 179/10 (West 2016)).”
Chicago Sun-Times v. Cook Cnty. Health & Hosp. Sys., 2022 IL 127519 (Ill. 2022). “¶ 48 Defendant cites provisions in the Medical Rights Act (410 ILCS 50/3(d) (West 2018)), the Managed Care Reform and Patient Rights Act (215 ILCS 134/5(a)(4) (West 2018)), and the Hospital Licensing Act (210 ILCS 85/6.”
Roberts v. Bd. of Trs. Cmty. Coll. Dist. No. 508, 2018 IL App (1st) 170067 (Ill. App. Ct. 2018). “The court found that neither Joint Commission standards nor section 3 of the Medical Patient Rights Act ( 410 ILCS 50/3 (West 2006) ) established a clear public policy that plaintiff's discharge violated.”
Sutherland v. Leonart, 507 F. App'x 598 (7th Cir. 2013). “She also alleged that the Illinois defendants aided and abetted violations of federal law by failing to enforce Illinois statutes, see 210 ILCS 88/5(b)(4)-(5); 410 ILCS 50/3(b), and she sought a writ of mandamus compelling these defendants to remedy that problem as well.”
Roberts v. Bd. of Trs. Cmty. Coll. Dist. No. 508, 2018 IL App (1st) 170067 (Ill. App. Ct. 2018). “The court found that neither Joint Commission standards nor section 3 of the Medical Patient Rights Act (410 ILCS 50/3 (West 2006)) established a clear public policy that plaintiff’s discharge violated.”
Winfield v. Mercy Hosp., 552 F. App'x 586 (7th Cir. 2014). “The court granted the motion. On appeal Ms. Winfield asserts generally that her suit involves questions of federal law and should not have been dismissed for lack of subject-matter jurisdiction.”
People v. Austin, 2019 IL 123910 (Ill. 2020). “5 is similar to laws prohibiting the unauthorized disclosure of other forms of private information, such as medical records (410 ILCS 50/3(d) (West 2016)), biometric data (740 ILCS 14/15 (West 2016)), or Social Security numbers (5 ILCS 179/10 (West 2016)).”
Chicago Sun-Times v. Cook Cnty. Health & Hosp. Sys., 2021 IL App (1st) 192551 (Ill. App. Ct. 2021). “410 ILCS 50/3(d) (West 2018). ¶ 24 But the logic that led us to conclude that disclosure of the requested information does not violate HIPAA regulations compels us to reach the same conclusion here.”
— 410 ILCS 50/3(a) — 3 cases
Turner v. Mem'l Med. Ctr., 911 N.E.2d 369 (Ill. 2009). “’ ” 410 ILCS 50/3 (West 2006). However, the mere citation of a constitutional or statutory provision in a complaint will not, by itself, be sufficient to state a cause of action for retaliatory discharge.”
Moss v. Amira, 826 N.E.2d 1001 (Ill. App. Ct. 2005). “The court reviewed Illinois' Code of Civil Procedure (735 ILCS 5/8-802 (West 2002)), the Medical Patients Rights Act (410 ILCS 50/3(a), (d) (West 2002)), and the Hospital Licensing Act (210 ILCS 85/6.”
Moss v. Amira (Ill. App. Ct. 2005).
— 410 ILCS 50/3(b) — 3 cases
Martis v. Pekin Mem'l Hosp., Inc., 917 N.E.2d 598 (Ill. App. Ct. 2009). “" 410 ILCS 50/3(b) (West 2006). Here, we need not decide whether the Medical Patient Rights Act allows a private right of action since we find that plaintiff has failed to state a claim under the Act.”
Sutherland v. Leonart, 507 F. App'x 598 (7th Cir. 2013). “She also alleged that the Illinois defendants aided and abetted violations of federal law by failing to enforce Illinois statutes, see 210 ILCS 88/5(b)(4)-(5); 410 ILCS 50/3(b), and she sought a writ of mandamus compelling these defendants to remedy that problem as well.”
Martis v. Pekin Mem'l Hosp. (Ill. App. Ct. 2009).
— 410 ILCS 50/3(d) — 7 cases
Coy v. Washington Cnty. Hosp. Dist., 866 N.E.2d 651 (Ill. App. Ct. 2007). “Illinois law recognizes *657 an individual's right to privacy and confidentiality in health care and medical records in the Medical Patient Rights Act (410 ILCS 50/3(d) (West 2004)) and the Hospital Licensing Act (210 ILCS 85/6.”
People v. Austin, 2019 IL 123910 (Ill. 2019). “5 is similar to laws prohibiting the unauthorized disclosure of other forms of private information, such as medical records (410 ILCS 50/3(d) (West 2016)), biometric data (740 ILCS 14/15 (West 2016)), or Social Security numbers (5 ILCS 179/10 (West 2016)).”
Chicago Sun-Times v. Cook Cnty. Health & Hosp. Sys., 2022 IL 127519 (Ill. 2022). “¶ 48 Defendant cites provisions in the Medical Rights Act (410 ILCS 50/3(d) (West 2018)), the Managed Care Reform and Patient Rights Act (215 ILCS 134/5(a)(4) (West 2018)), and the Hospital Licensing Act (210 ILCS 85/6.”
People v. Austin, 2019 IL 123910 (Ill. 2020). “5 is similar to laws prohibiting the unauthorized disclosure of other forms of private information, such as medical records (410 ILCS 50/3(d) (West 2016)), biometric data (740 ILCS 14/15 (West 2016)), or Social Security numbers (5 ILCS 179/10 (West 2016)).”
Chicago Sun-Times v. Cook Cnty. Health & Hosp. Sys., 2021 IL App (1st) 192551 (Ill. App. Ct. 2021). “410 ILCS 50/3(d) (West 2018). ¶ 24 But the logic that led us to conclude that disclosure of the requested information does not violate HIPAA regulations compels us to reach the same conclusion here.”
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