HR0535 103RD GENERAL ASSEMBLY

HR0535 LRB103 36209 LAW 66302 r

HOUSE RESOLUTION

WHEREAS, The recent congressional investigation that unearthed a pattern of behavior by law enforcement agencies seeking access to patient prescription records through pharmacies without a warrant is alarming; and

WHEREAS, Of the eight major pharmacy chains surveyed by Congress, only Amazon Pharmacy stated it had a policy of informing customers when law enforcement requested the customer's records; and

WHEREAS, Three of the eight pharmacy chains reported staff facing extreme pressure from law enforcement to provide an immediate response; and

WHEREAS, The people of these United States, and of the great State of Illinois, enjoy a broad array of privacy rights; and

WHEREAS, Prescription records are among the most private pieces of information the government can obtain about an individual; and

WHEREAS, The people of the U.S. are protected from warrantless search and seizure by the 4th Amendment of the Constitution of the United States; and

WHEREAS, Pharmacies can and should insist on a warrant and can and should invite law enforcement agencies that insist on demanding patient medical records with solely a subpoena to go to court to enforce that demand; and

WHEREAS, Due to the state of the third-party doctrine in the federal courts, it is necessary for the Congress of the United States to pass further positive legislation to reinforce Americans' reasonable expectations of privacy in medical data, regardless of where this data is held or by whom it is owned; and

WHEREAS, With the foregoing in mind, Senator Wyden and Congresswomen Jayapal and Jacobs concluded that the federal Department of Health and Human Services (HHS) must consider further strengthening its HIPAA regulations to more closely align them with Americans' reasonable expectations of privacy and constitutional principles; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge pharmacies in the State of Illinois to insist on a warrant or court order prior to releasing patient information to protect Americans' reasonable expectations of privacy and constitutional principles; and be it further

RESOLVED, That we urge the Congress of the United States to pass further positive legislation to reinforce Americans' reasonable expectations of privacy in medical data and to protect Americans' reasonable expectations of privacy and constitutional principles; and be it further

RESOLVED, That we urge the federal Department of Health and Human Services (HHS) to consider further strengthening its HIPAA regulations to more closely align them with Americans' reasonable expectations of privacy and constitutional principles; and be it further

RESOLVED, That a suitable copy of this resolution be presented to the Speaker of the House of Representatives of the United States, Mike Johnson, the President Pro Tempore of the United States Senate, Patty Murray, the Secretary of Health and Human Services, Xavier Becerra, and the Illinois Pharmacists Association.