HB1017sam001 98TH GENERAL ASSEMBLY

Sen. Heather A. Steans

Filed: 4/30/2013

09800HB1017sam001 LRB098 04914 JLS 45113 a

AMENDMENT TO HOUSE BILL 1017

AMENDMENT NO. ______. Amend House Bill 1017 on page 2 by replacing lines 7 through 14 with the following:

""Health information exchange" or "HIE" means a health information exchange or health information organization that oversees and governs the electronic exchange of health information that (i) is established pursuant to the Illinois Health Information Exchange and Technology Act, or any subsequent amendments thereto, and any administrative rules promulgated thereunder; or (ii) has established a data sharing arrangement with the Illinois Health Information Exchange; or (iii) as of the effective date of this amendatory Act of the 98th General Assembly, was designated by the Illinois Health Information Exchange Authority Board as a member of, or was represented on, the Authority Board's Regional Health Information Exchange Workgroup; provided that such designation shall not require the establishment of a data sharing arrangement or other participation with the Illinois Health Information Exchange or the payment of any fee."; and

on page 3 by replacing lines 8 and 9 with the following:

"coordinating the care and treatment for a recipient of mental health or developmental disability services. The group may be composed of individuals employed by"; and

on page 9, line 21, by replacing "receiving payments from" with "or receiving payments from"; and

on page 10 by replacing lines 13 and 14 with the following:

"another setting. No records or communications may be disclosed to a county"; and

on page 13 by replacing lines 13 and 14 with the following:

"standards, or contractual obligations, which shall be binding upon any HIE, as defined under Section 2, require that participants of such HIE provide each recipient whose record is"; and

on page 14 by replacing lines 18 and 19 with the following:

"rules, standards, or contractual obligations, which shall be binding upon any HIE, as defined under Section 2, give consideration to the format and content of"; and

on page 15 by replacing line 4 with the following:

"binding upon HIEs under this Section to give effect to recipient"; and

on page 15 by replacing line 15 with the following:

"recipient disclosure preferences. The provisions of this Section 9.6 shall not apply to the secure electronic transmission of data which is point-to-point communication directed by the data custodian. Any rules or standards promulgated under this Section which apply to HIEs shall be limited to that subject matter required by this Section and shall not include any requirement that an HIE enter a data sharing arrangement or otherwise participate with the Illinois Health Information Exchange. In connection with its annual consideration regarding the issue of segmentation of information within a medical record and prior to the adoption of any rules or standards regarding that issue, the Authority Board shall consider information provided by affected persons or organizations regarding the feasibility, availability, cost, reliability, and interoperability of any technology or process under consideration by the Board. Nothing in this Act shall be construed to limit the authority of the Illinois Health Information Exchange Authority to impose limits or conditions on consent for disclosures to or through any HIE, as defined under Section 2, which are more restrictive than the requirements under this Act or under HIPAA."; and

on page 15 by replacing lines 17 through 23 with the following:

"Sec. 9.7. Other limitations on consent requirements. The consent requirements under Section 5 may not be"; and

on page 16 by replacing lines 3 and 4 with the following:

"purposes and in accordance with this Act."; and

on page 17 by replacing lines 2 and 3 with the following:

"services necessary to support and enable the establishment and"; and

on page 22 by replacing lines 7 and 8 with the following:

"requirements of the HIE."; and

on page 22, line 25, by replacing "or" with "or other than uses, disclosures, or redisclosures permitted under Sections 9, 9.2, and 9.4 of this Act effected by electronic transmission, or ".