99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4317

 

Introduced , by Rep. Dwight Kay

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/12-4.50 new

    Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall use a cloud-based repository to store the protected health information of all persons enrolled in a medical assistance program administered by the Department. Provides that access to the repository shall be limited to State employees based in Illinois and that the Department of Healthcare and Family Services may not permit an entity located outside the United States to have access to the information stored in the cloud-based repository. Provides that a violation of this Section is a business offense punishable by a fine of $5,000 for each incident.


LRB099 14850 KTG 39023 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4317LRB099 14850 KTG 39023 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5adding Section 12-4.50 as follows:
 
6    (305 ILCS 5/12-4.50 new)
7    Sec. 12-4.50. Cloud-based repository; protected health
8information.
9    (a) As used in this Section:
10    "Entity" means a proprietorship, partnership, association,
11trust, estate, business trust, group, or corporation, whether
12or not operated for profit, or a governmental agency, unit, or
13subdivision.
14    "Protected health information" means individually
15identifiable health information governed by the Health
16Insurance Portability and Accountability Act (HIPAA), 42
17U.S.C. 1320 et seq., and the regulations promulgated at 45 CFR
18160, 162, and 164, and includes, but is not limited to, social
19security numbers, medical records, laboratory reports, and
20hospital bills.
21    (b) The Department of Healthcare and Family Services shall
22use a cloud-based repository to store the protected health
23information of all persons enrolled in a medical assistance

 

 

HB4317- 2 -LRB099 14850 KTG 39023 b

1program administered by the Department. Access to the
2repository shall be limited to State employees based in
3Illinois. The Department of Healthcare and Family Services may
4not permit an entity located outside the United States to have
5access to the information stored in the cloud-based repository.
6A violation of this Section is a business offense punishable by
7a fine of $5,000 for each incident.