Human Services Committee
Filed: 3/17/2010
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 5076
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5076 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Health Statistics Act is amended | ||||||
5 | by changing Section 5 as follows: | ||||||
6 | (410 ILCS 520/5) (from Ch. 111 1/2, par. 5605) | ||||||
7 | Sec. 5. (a) The Department may make no disclosure of any | ||||||
8 | item, collection
or grouping of health data which makes the | ||||||
9 | individual supplying or described
in such data identifiable | ||||||
10 | unless: | ||||||
11 | (1) The individual described in the data has consented to | ||||||
12 | the disclosure. | ||||||
13 | (2) The disclosure is to a governmental entity in this | ||||||
14 | State, in another
state or to the federal government, provided | ||||||
15 | that: | ||||||
16 | (i) the data will be used for a purpose for which the data |
| |||||||
| |||||||
1 | was collected
by the Department; and | ||||||
2 | (ii) the recipient of the data has entered into a written | ||||||
3 | agreement satisfactory
to the Department, that it will protect | ||||||
4 | such data in accordance with the
requirements of this Act and | ||||||
5 | will not permit further disclosure without
prior approval of | ||||||
6 | the Department. | ||||||
7 | (3) The disclosure is to an individual or organization, for | ||||||
8 | a specified
time period determined by the Department, solely | ||||||
9 | for bona fide research
and statistical purposes, as determined | ||||||
10 | in accordance with guidelines adopted
by the Department, and | ||||||
11 | the Department determines that: (i) the disclosures
of the data | ||||||
12 | to the requesting individual or organization is required for
| ||||||
13 | the research and statistical purposes proposed; and (ii) the | ||||||
14 | requesting
individual or organization has entered into a | ||||||
15 | written agreement satisfactory
to the Department that it will | ||||||
16 | protect such data in accordance with the
requirements of this | ||||||
17 | Act and will not permit further disclosure without
prior | ||||||
18 | approval of the Department. In no event, however, may the name, | ||||||
19 | address
or other unique personal identifier of an individual | ||||||
20 | supplying the data
or described in it be disclosed under this | ||||||
21 | subparagraph to the requesting
individual or organization , | ||||||
22 | unless a Department-approved Institutional Review Board or its | ||||||
23 | equivalent on the protection of human subjects in research has | ||||||
24 | reviewed and approved the data request . | ||||||
25 | (4) The disclosure is to a governmental entity for the | ||||||
26 | purpose of conducting
an audit, evaluation or investigation of |
| |||||||
| |||||||
1 | the Department and such governmental
entity agrees not to use | ||||||
2 | such data for making any determination to whom
the health data | ||||||
3 | relates. | ||||||
4 | (b) Any disclosure provided for in paragraph (a) of this | ||||||
5 | Section shall
be made at the discretion of the Department | ||||||
6 | except that the disclosure provided
for in subparagraph (4) of | ||||||
7 | paragraph (a) of this Section must be made when
the | ||||||
8 | requirements of that subparagraph have been met. | ||||||
9 | (c) No identifiable health data obtained in the course of | ||||||
10 | activities undertaken
or supported under this Act shall be | ||||||
11 | subject to subpoena or similar compulsory
process in any civil | ||||||
12 | or criminal, judicial, administrative or legislative
| ||||||
13 | proceeding, nor shall any individual or organization with | ||||||
14 | lawful access
to identifiable health data under the provisions | ||||||
15 | of this Act be compelled
to testify with regard to such health | ||||||
16 | data, except that data pertaining
to a party in litigation may | ||||||
17 | be subject to subpoena or similar compulsory
process in an | ||||||
18 | action brought by or on behalf of such individual to enforce
| ||||||
19 | any liability arising under this Act. | ||||||
20 | (Source: P.A. 82-215.)
| ||||||
21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.".
|