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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Health Statistics Act is amended by | ||||||
5 | changing Section 5 as follows: | ||||||
6 | (410 ILCS 520/5) (from Ch. 111 1/2, par. 5605) | ||||||
7 | Sec. 5. (a) The Department may make no disclosure of any | ||||||
8 | item, collection
or grouping of health data which makes the | ||||||
9 | individual supplying or described
in such data identifiable | ||||||
10 | unless: | ||||||
11 | (1) The individual described in the data has consented to | ||||||
12 | the disclosure. | ||||||
13 | (2) The disclosure is to a governmental entity in this | ||||||
14 | State, in another
state or to the federal government, provided | ||||||
15 | that: | ||||||
16 | (i) the data will be used for a purpose for which the data | ||||||
17 | was collected
by the Department; and | ||||||
18 | (ii) the recipient of the data has entered into a written | ||||||
19 | agreement satisfactory
to the Department, that it will protect | ||||||
20 | such data in accordance with the
requirements of this Act and | ||||||
21 | will not permit further disclosure without
prior approval of | ||||||
22 | the Department. | ||||||
23 | (3) The disclosure is to an individual or organization, for |
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1 | a specified
time period determined by the Department, solely | ||||||
2 | for bona fide research
and statistical purposes, as determined | ||||||
3 | in accordance with guidelines adopted
by the Department, and | ||||||
4 | the Department determines that: (i) the disclosures
of the data | ||||||
5 | to the requesting individual or organization is required for
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6 | the research and statistical purposes proposed; and (ii) the | ||||||
7 | requesting
individual or organization has entered into a | ||||||
8 | written agreement satisfactory
to the Department that it will | ||||||
9 | protect such data in accordance with the
requirements of this | ||||||
10 | Act and will not permit further disclosure without
prior | ||||||
11 | approval of the Department. In no event, however, may the name, | ||||||
12 | address
or other unique personal identifier of an individual | ||||||
13 | supplying the data
or described in it be disclosed under this | ||||||
14 | subparagraph to the requesting
individual or organization , | ||||||
15 | unless a Department-approved Institutional Review Board or its | ||||||
16 | equivalent on the protection of human subjects in research has | ||||||
17 | reviewed and approved the data request . | ||||||
18 | (4) The disclosure is to a governmental entity for the | ||||||
19 | purpose of conducting
an audit, evaluation or investigation of | ||||||
20 | the Department and such governmental
entity agrees not to use | ||||||
21 | such data for making any determination to whom
the health data | ||||||
22 | relates. | ||||||
23 | (b) Any disclosure provided for in paragraph (a) of this | ||||||
24 | Section shall
be made at the discretion of the Department | ||||||
25 | except that the disclosure provided
for in subparagraph (4) of | ||||||
26 | paragraph (a) of this Section must be made when
the |
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1 | requirements of that subparagraph have been met. | ||||||
2 | (c) No identifiable health data obtained in the course of | ||||||
3 | activities undertaken
or supported under this Act shall be | ||||||
4 | subject to subpoena or similar compulsory
process in any civil | ||||||
5 | or criminal, judicial, administrative or legislative
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6 | proceeding, nor shall any individual or organization with | ||||||
7 | lawful access
to identifiable health data under the provisions | ||||||
8 | of this Act be compelled
to testify with regard to such health | ||||||
9 | data, except that data pertaining
to a party in litigation may | ||||||
10 | be subject to subpoena or similar compulsory
process in an | ||||||
11 | action brought by or on behalf of such individual to enforce
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12 | any liability arising under this Act. | ||||||
13 | (Source: P.A. 82-215.)
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
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