HB1017ham001 98TH GENERAL ASSEMBLY

Rep. Sara Feigenholtz

Filed: 2/25/2013

09800HB1017ham001 LRB098 04914 HEP 41510 a

AMENDMENT TO HOUSE BILL 1017

AMENDMENT NO. ______. Amend House Bill 1017 on page 1, line 6, by replacing "and 11" with "11, and 13"; and

on page 10, by replacing line 7 with the following: "admission, treatment, planning, coordinating care, or discharge, or governmentally mandated public health reporting. Entities shall"; and

on page 13, line 12, by changing "standards, and contractual" to "standards, or contractual"; and

on page 13, line 18, after "reporting.", by inserting the following: "These rules, standards, or contractual obligations shall permit a recipient to revoke a prior decision to opt-out or a decision not to opt-out."; and

on page 14, line 4, after "parties.", by inserting the following: "The Illinois Health Information Exchange Authority shall, through appropriate rules, standards, or contractual obligations binding upon HIE participants, give consideration to the format and content of the meaningful disclosure and the availability to recipients of information regarding an HIE and the rights of recipients under this Section to expressly decline the further disclosure of the record by an HIE to third parties. The Illinois Health Information Exchange Authority shall also give annual consideration to enable a recipient to expressly decline the further disclosure by an HIE to third parties of selected portions of the recipient's record while permitting disclosure of the recipient's remaining patient health information. In establishing rules, standards, or contractual obligations binding upon HIE participants to give effect to recipient disclosure preferences, the Illinois Health Information Exchange Authority in its discretion may consider the extent to which relevant health information technologies reasonably available to therapists and HIEs in this State reasonably enable the effective segmentation of specific information within a recipient's electronic medical record and reasonably enable the effective exclusion of specific information from disclosure by an HIE to third parties, as well as the availability of sufficient authoritative clinical guidance to enable the practical application of such technologies to effect recipient disclosure preferences."; and

on page 21, by inserting the following below line 9:

"(740 ILCS 110/13) (from Ch. 91 1/2, par. 813)

Sec. 13. Whenever disclosure of a record or communication is made without consent pursuant to this Act, other than uses, disclosures, or redisclosures permitted under Sections 9.5, 9.8, 9.9, 9.10, and 9.11 of this Act, or whenever a record is used pursuant to Sections 7 and 8 of this Act, a notation of the information disclosed and the purpose of such disclosure or use shall be noted in the recipient's record together with the date and the name of the person to whom disclosure was made or by whom the record was used.

(Source: P.A. 80-1508.)

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