This blog is written by Mr. Steven C. Schurr, Esq. and focuses on health care law matters that pertain to food and drug law, regulatory compliance, privacy rights, insurance coverage, state and federal disability coverage, patient advocacy issues, and mental health coverage and treatment.

Thursday, January 5, 2017

Revision to the Illinois Health Care Right of Conscience Act and Court Injunction

This 40-year old Illinois law has been updated to require medical providers who have ethical or religious objections to certain procedures, such as providing abortions or contraception, and therefore choose to decline to offer them, to now offer to their patients information on any treatment options they will not perform.  This law technically goes into effect January 1, 2017.  However it cannot presently be enforced because a Winnebago County Circuit Court Judge issued a preliminary injunction on December 20, 2016 preventing the state from enforcing the law against providers during the duration of an ongoing lawsuit that was filed last year.  The judge ruled that the anti-abortion providers who sued had "raised a fair question" on whether the law violates "their right to be free from government-compelled speech".  For a copy of the court's injunction, see Pregnancy Care Center of Rockford, Inc. v. Rauner, (IL Cir. Ct., Dec. 20, 2016).  For a copy of the amended law, the Illinois Health Care Right of Conscience Act, view P.A. 99-0690. 

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