Public Act 096-0966
 		





HB5076 Enrolled
LRB096 19115 KTG 34506 b






    AN ACT concerning State government.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Illinois Health Statistics Act is amended  by 
changing Section 5 as follows:
 
    (410 ILCS 520/5)  (from Ch. 111 1/2, par. 5605)
    Sec. 5. (a) The Department may make no disclosure of any 
item, collection
or grouping of health data which makes the 
individual supplying or described
in such data identifiable 
unless:
    (1) The individual described in the data has consented to 
the disclosure.
    (2) The disclosure is to a governmental entity in this 
State, in another
state or to the federal government, provided 
that:
    (i) the data will be used for a purpose for which the data 
was collected
by the Department; and
    (ii) the recipient of the data has entered into a written 
agreement satisfactory
to the Department, that it will protect 
such data in accordance with the
requirements of this Act and 
will not permit further disclosure without
prior approval of 
the Department.
    (3) The disclosure is to an individual or organization, for 
a specified
time period determined by the Department, solely 
for bona fide research
and statistical purposes, as determined 
in accordance with guidelines adopted
by the Department, and 
the Department determines that: (i) the disclosures
of the data 
to the requesting individual or organization is required for

the research and statistical purposes proposed; and (ii) the 
requesting
individual or organization has entered into a 
written agreement satisfactory
to the Department that it will 
protect such data in accordance with the
requirements of this 
Act and will not permit further disclosure without
prior 
approval of the Department. In no event, however, may the name, 
address
or other unique personal identifier of an individual 
supplying the data
or described in it be disclosed under this 
subparagraph to the requesting
individual or organization, 
unless a Department-approved Institutional Review Board or its 
equivalent on the protection of human subjects in research has 
reviewed and approved the data request.
    (4) The disclosure is to a governmental entity for the 
purpose of conducting
an audit, evaluation or investigation of 
the Department and such governmental
entity agrees not to use 
such data for making any determination to whom
the health data 
relates.
    (b) Any disclosure provided for in paragraph (a) of this 
Section shall
be made at the discretion of the Department 
except that the disclosure provided
for in subparagraph (4) of 
paragraph (a) of this Section must be made when
the 
requirements of that subparagraph have been met.
    (c) No identifiable health data obtained in the course of 
activities undertaken
or supported under this Act shall be 
subject to subpoena or similar compulsory
process in any civil 
or criminal, judicial, administrative or legislative

proceeding, nor shall any individual or organization with 
lawful access
to identifiable health data under the provisions 
of this Act be compelled
to testify with regard to such health 
data, except that data pertaining
to a party in litigation may 
be subject to subpoena or similar compulsory
process in an 
action brought by or on behalf of such individual to enforce

any liability arising under this Act.
(Source: P.A. 82-215.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.