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.