Human Services Committee
Filed: 3/17/2010
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 5076 




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    AMENDMENT NO. ______. Amend House Bill 5076 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Illinois Health Statistics Act is amended  
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by changing Section 5 as follows:
 
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    (410 ILCS 520/5)  (from Ch. 111 1/2, par. 5605)
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    Sec. 5. (a) The Department may make no disclosure of any 
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item, collection
or grouping of health data which makes the 
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individual supplying or described
in such data identifiable 
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unless:
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    (1) The individual described in the data has consented to 
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the disclosure.
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    (2) The disclosure is to a governmental entity in this 
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State, in another
state or to the federal government, provided 
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that:
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    (i) the data will be used for a purpose for which the data 
 


 






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was collected
by the Department; and
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    (ii) the recipient of the data has entered into a written 
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agreement satisfactory
to the Department, that it will protect 
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such data in accordance with the
requirements of this Act and 
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will not permit further disclosure without
prior approval of 
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the Department.
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    (3) The disclosure is to an individual or organization, for 
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a specified
time period determined by the Department, solely 
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for bona fide research
and statistical purposes, as determined 
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in accordance with guidelines adopted
by the Department, and 
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the Department determines that: (i) the disclosures
of the data 
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to the requesting individual or organization is required for

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the research and statistical purposes proposed; and (ii) the 
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requesting
individual or organization has entered into a 
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written agreement satisfactory
to the Department that it will 
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protect such data in accordance with the
requirements of this 
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Act and will not permit further disclosure without
prior 
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approval of the Department. In no event, however, may the name, 
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address
or other unique personal identifier of an individual 
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supplying the data
or described in it be disclosed under this 
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subparagraph to the requesting
individual or organization, 
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unless a Department-approved Institutional Review Board or its 
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equivalent on the protection of human subjects in research has 
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reviewed and approved the data request.
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    (4) The disclosure is to a governmental entity for the 
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purpose of conducting
an audit, evaluation or investigation of 
 


 






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the Department and such governmental
entity agrees not to use 
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such data for making any determination to whom
the health data 
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relates.
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    (b) Any disclosure provided for in paragraph (a) of this 
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Section shall
be made at the discretion of the Department 
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except that the disclosure provided
for in subparagraph (4) of 
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paragraph (a) of this Section must be made when
the 
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requirements of that subparagraph have been met.
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    (c) No identifiable health data obtained in the course of 
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activities undertaken
or supported under this Act shall be 
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subject to subpoena or similar compulsory
process in any civil 
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or criminal, judicial, administrative or legislative

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

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

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