On January 13, 2023, Illinois enacted Public Act 102-1117 (H.B. 4664), increasing protections for individuals, both health care providers and patients, who receive abortion care or gender-affirming care in that State. The Act expands access to care by providing for temporary health care provider permits and licenses, and further, prevents insurers from increasing rates based on the provision of or participation in health care services that are lawful in Illinois but unlawful in other states.
In addition, the Act protects providers and patients from lawsuits both inside and outside of Illinois in a variety of ways. Procedurally, subject to certain exceptions, the Act prohibits enforcing foreign subpoenas that either relate to enforcement of another state's abortion laws, or request information relating to abortion or gender-affirming. Substantively, the Act provides a cause of action for any person who had a judgment entered against them in a court of any state based on the provision of reproductive health care that is lawful in Illinois. Further, the Act clarifies that a lawful abortion in Illinois does not give rise to a statutory wrongful death action on behalf of the fetus.
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