State of Illinois
2023 and 2024


Introduced 2/9/2024, by Sen. Mike Simmons


New Act

    Creates the Equitable Health Outcomes Act. Provides that an entity required to collect health data and report it to the Department of Public Health shall include, in the patient data collected, the following items: (i) race; (ii) ethnicity; (iii) sexual orientation; (iv) gender identity; (v) language; and (vi) such other demographic information as the Department requires by rule. Creates the Health Outcomes Review Board. Provides that the Board shall be tasked with annually reviewing and reporting data on health outcomes, including illnesses, treatments, and causes of death in Illinois and facilitating adoption of solutions. Provides that the Board shall be composed of a minimum of 21 and a maximum of 25 members appointed by the Director of Public Health or the Director's designee. Provides that members shall serve 3-year terms. Provides for qualifications and requirements of Board members. Provides that the first Board meeting shall be held as soon as practicable following the appointment of a majority of members. Provides that the Board shall meet no less than 4 times per calendar year. Provides that each Board member shall sign a confidentiality agreement regarding personally identifiable information that the Department deems necessary to the Board's objectives or that is disclosed to the Board inadvertently. Provides that a Board member who knowingly violates the confidentiality agreement commits a misdemeanor. Provides for immunity from subpoenas regarding the information presented in or opinions formed as a result of a meeting or communication of the Board. Provides that notes, statements, medical records, reports, communications, and memoranda that contain, or may contain, patient information are not subject to subpoena, discovery, or introduction into evidence in any civil, criminal, or administrative proceeding. Describes the Board's duties. Provides requirements for reports prepared by the Board. Provides for the adoption of rules to implement the Act. Makes other changes.

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SB3751LRB103 36642 CES 66751 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Equitable Health Outcomes Act.
6    Section 5. Purpose. The purpose of this Act is to
7establish data collection standards to save lives, promote
8equitable health care outcomes, decrease healthcare costs, and
9ensure quality healthcare for all through a Health Outcomes
10Review Board.
11    Section 10. Data collection requirements. Beginning one
12year after the effective date of this Act, an entity required
13to collect health data and report it to the Department of
14Public Health shall include, in the patient data collected,
15the following information, using the minimum standards for
16data collection as outlined by the United States Department of
17Health and Human Services:
18        (1) race;
19        (2) ethnicity;
20        (3) sexual orientation;
21        (4) gender identity;
22        (5) language; and



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1        (6) such other demographic information as the
2    Department of Public Health requires through regulation.
3    Section 15. Health Outcomes Review Board.
4    (a) There is hereby established a Health Outcomes Review
5Board, which is tasked with annually reviewing and reporting
6data on health outcomes, including illnesses, treatments, and
7causes of death in Illinois, disaggregated as outlined in
8Section 10, and which is also tasked with facilitating
9adoption of solutions that will improve health outcomes in
11    (b) The Board shall be composed of a minimum of 21 and a
12maximum of 25 members, appointed by the Director of Public
13Health or the Director's designee to serve 3-year terms. The
14Director of Public Health or the Director's designee shall
15serve as Chair.
16        (1) Members of the Board shall be appointed from
17    geographic areas throughout the State with knowledge of
18    healthcare and social determinants of health, including:
19            (A) representatives of hospitals, clinics, and
20        group and private medical practices;
21            (B) health care providers;
22            (C) nursing providers;
23            (D) the Director of each Department having
24        knowledge, data, or relevant jurisdiction over aspects
25        of the health care process;



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1            (E) at least 2 representatives from communities in
2        Illinois most impacted by inequitable health outcomes;
3            (F) representatives of an association of
4        healthcare providers;
5            (G) at least 2 representatives of nonprofit
6        organizations that work in health equity, to be
7        appointed by the Governor; and
8            (H) other health care professionals and
9        representatives that the Director or the Director's
10        designee deems appropriate.
11        (2) In appointing members to the Board, the Director
12    shall follow best practices as outlined by the Centers for
13    Disease Control and Prevention in the United States
14    Department of Health and Human Services.
15        (3) All initial appointments to the Board shall be
16    made within 60 days after the effective date of this Act.
17        (4) Board members shall serve without compensation or
18    perquisite arising from their service.
19    (c) The Director or the Director's designee shall call the
20first Board meeting as soon as practicable following the
21appointment of a majority of Board members, and in no case no
22later than 6 months after the effective date of this Act.
23Thereafter, the Board shall meet pursuant to a schedule that
24is established during the first Board meeting, but no less
25than 4 times per calendar year. The Board may additionally
26meet at the call of the Chair.



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1    (d) A majority of the total number of members appointed to
2the Board shall constitute a quorum for the conducting of
3official Board business. Any recommendations of the Board
4shall be approved by a majority of the members present.
5    (e) In addition to any relevant national or publicly
6available data, the Board shall have access to de-identified
7data sets collected by the Department of Public Health.
8        (1) The data sets provided by the Department and all
9    activities or communications of the commission shall
10    comply with all State and federal laws relating to the
11    transmission of health information.
12        (2) Such data sets shall contain all relevant
13    information of patients that received care in Illinois
14    during the previous calendar year.
15        (3) Such data sets shall have all personally
16    identifying information removed. The information to be
17    redacted from data sets includes, but is not limited to:
18            (A) names;
19            (B) street address;
20            (C) facial photographs;
21            (D) phone numbers;
22            (E) social security numbers; and
23            (F) other personal information not relevant to the
24        diagnosis, treatment, or care provided.
25        (4) Each member of the Board shall sign a
26    confidentiality agreement regarding personally



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1    identifying information that the Department deems
2    necessary to the Board's objective, or that is disclosed
3    to the Board inadvertently. A Board member who knowingly
4    violates the confidentiality agreement commits a class C
5    misdemeanor.
6        (5) Members of the Board are not subject to subpoena
7    in any civil, criminal, or administrative proceeding
8    regarding the information presented in or opinions formed
9    as a result of a meeting or communication of the Board;
10    except that this subsection (e)(5) does not prevent a
11    member of the Board from testifying regarding information
12    or opinions obtained independently of the Board or that
13    are public information.
14        (6) Notes, statements, medical records, reports,
15    communications, and memoranda that contain, or may
16    contain, patient information are not subject to subpoena,
17    discovery, or introduction into evidence in any civil,
18    criminal, or administrative proceeding, unless the
19    subpoena is directed to a source that is separate and
20    apart from the Board. Nothing in this Section limits or
21    restricts the right to discover or use in a civil,
22    criminal, or administrative proceeding notes, statements,
23    medical records, reports, communications, or memoranda
24    that are available from another source separate and apart
25    from the Board and that arise entirely independent of the
26    Board's activities.



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1    (f) The Board shall:
2        (1) provide clear and effective guidelines on data
3    collection to all healthcare facilities, including, but
4    not limited to, hospitals, community health centers,
5    physician and group practices, and insurance programs;
6        (2) review illness and death incidents in the State
7    using the de-identified data sets that the Department
8    provides or any other lawful source of relevant
9    information;
10        (3) review research that substantiates the connections
11    between social determinants of health before, during, and
12    after, hospital treatment;
13        (4) outline trends and patterns disaggregated by race,
14    ethnicity, and language relating to illness, death, and
15    treatments in Illinois;
16        (5) review comprehensive, nationwide data collection
17    on illness, death, and treatments, including data
18    disaggregated by race, ethnicity, and language;
19        (6) review any information provided by the Department
20    on social and environmental risk factors for all people,
21    and especially, people of color;
22        (7) review research to identify best practices and
23    effective interventions for improving the quality and
24    safety of health care and compare those to practices
25    currently in use in Illinois;
26        (8) review research to identify best practices and



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1    effective interventions in order to address pre-disease
2    pathways of adverse health and compare those to practices
3    currently in use in Illinois;
4        (9) review research to identify effective
5    interventions for addressing social determinants of health
6    disparities;
7        (10) serve as a link with equitable health outcome
8    review teams throughout the country and participate in
9    regional and national review team activities;
10        (11) request input and feedback from interested and
11    affected stakeholders;
12        (12) compile annual reports, using aggregate data
13    based on the cases that the Department identifies for
14    reporting in an effort to further study the causes and
15    problems associated with inequitable health outcomes and
16    distribute these reports on the Department's website and
17    to the General Assembly, government agencies, health care
18    providers and others as necessary to provide equitable
19    health care in the State; and
20        (13) produce annually a report highlighting
21    recommended solutions and steps that could be taken in
22    Illinois to reduce inequitable health outcomes, including
23    complications, morbidity, and near-death or
24    life-threatening incidents, which shall include
25    recommendations to assist health care providers, the
26    Department, and lawmakers in reducing inequitable



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1    treatment and health outcomes and shall be distributed on
2    the Department's website and to the General Assembly,
3    government agencies, health care providers, and others as
4    necessary to reduce inequitable health treatments and
5    outcomes in the State.
6    (g) The Board may:
7        (1) form special ad hoc panels to further investigate
8    cases of illness and death resulting from specific causes
9    when the need arises; and
10        (2) perform any other function as resources allow to
11    enhance efforts to reduce and prevent unnecessary death
12    and illness in the State.
13    (h) Reports prepared by the Board under this Act
14detail which recommendations the Department or others can
15pursue on their own without additional legislative action.
16Unless precluded by State or federal law, the Department may
17begin to enact recommendations immediately and shall issue
18public replies to Board reports indicating whether
19recommendations can or will be acted on and any obstacles
20faced by the Department in acting upon the recommendations.
21    (i) For recommendations that would require additional
22action by the General Assembly, the Board report shall include
23specific requests and outlines of legislative action needed,
24including budget requests.
25    (j) The Department of Public Health may
adopt rules to
26achieve the outcomes described in this Act.