August 21,
2007
To the
Honorable Members of the
Illinois House of Representatives
95th
General Assembly
Pursuant to
Article IV, Section 9(e) of the Illinois Constitution of 1970, I hereby return
House Bill 1254, entitled AN
ACT concerning State Government. with the following specific recommendations
for change:
on page 1, line 7, after Network, by inserting Advisory
Group; and
on page 1, line 10, by replacing Department of Public
Health with Department of Healthcare and Family Services; and
on page 1, line 11, by replacing a
not-for-profit corporation with an advisory board; and
on page 1, line 12, by deleting under the General
Not-For-Profit Corporation Act of 1986; and
on page 1, line 13, after Network, by inserting Advisory
Group; and
on page 1, line 15, after be, by inserting to
advise the Department of Healthcare and Family Services as to and
on page 1, line 15, after following, by inserting
areas;
on page 1, line 16, by replacing To establish with
Establishing; and
on page 1, line 20, by replacing To foster with Fostering;
and
on page 2, line 1 through 10, by deleting (c) ILHIN
shall be governed by a board of directors as specified in Section 15 of this
Act, with the rights, titles, powers, and privileges, and obligations provided
for in the General Not For Profit Corporation Act of 1986. (d) Subject to the
availability of public or private funds, the board of directors may employ an executive
director, other staff, or independent contractors necessary to perform its
duties as specified in Section 10 and to fix their compensation, benefits,
terms, and conditions of their employment.; and
on page 2, line 11, by deleting Powers and; and
on page 2, line 11, by replacing duties with Duties;
and
on page 2, line 13, after shall, by inserting assist
the Department of Healthcare and Family Services in; and
on
page 2, line 13, by replacing plan with planning; and
on page 3, line 1, after shall, by inserting assist the Department of Healthcare and Family Services in; and
on page 3, line 1, by replacing establish with establishing;
and
on page 3, line 5 through 10, by deleing ILHIN shall
have the authority to suspend or terminate rights to participate in the health
information exchange in case of non-compliance or failure to act, with respect
to applicable standards, in the best interests of patients, participants of
ILHIN, and the public.; and
on page 3, line 16, by replacing ILHIN with the
Department of Healthcare and Family Services; and
on page 3, line 24, after shall, by inserting assist
the Department of Healthcare and Family Services in; and
on page 3, line 24, by replacing educate with educating;
and
on page 4, line 2 through 26, by deleting (e) ILHIN may appoint or
designate a federally qualified institutional review board to review and
approve requests for research in order to ensure compliance with standards and
patient privacy protections as specified in subsection (b) of this Section. (f)
ILHIN may solicit grants, loans, contributions, or appropriations from public
or private sources and may enter into any contracts, grants, loans, or
agreements with respect to the use of such funds to fulfill its duties under
this Act. No debt or obligation of ILHIN shall become the debt or obligation
of the State. (g) ILHIN may determine, charge, and collect any fees, charges,
costs, and expenses from any person or provider that uses the ILHIN, the health
information exchange, or any electronic transaction in connection with its
duties under this Act. (h) The Illinois Department of Public Health may
authorize ILHIN to collect de-identified health data from health care providers
in a central repository for public health purposes and identified data for the
use of the Department or other State agencies specifically to fulfill their
state responsibilities. Any identified data so collected shall be privileged
and confidential in accordance with Sections 8-2101, 8-2102, 8-2103, 8-2104,
and 8-2105 of the Code of Civil Procedure and shall be exempt from the
provisions of the; and
on page 5, line 1, by deleting Freedom of Information
Act.; and
on page 5, line 2 through 6, by deleting (i) The
Illinois Department of Public Health may authorize the ILHIN to make
de-identified data available to health care providers and other organizations
for the purpose of analyzing data related to health disparities, chronic
illnesses, quality performance measurers, and other health care related issues.;
and
on page 5, line 7, by replacing ILHIN with The
Department of Healthcare and Family Services; and
on page 5, line 14, by replacing Governance with Composition;
and
on page 5, line 15, after Network, by inserting Advisory
Group; and
on page 5, line 16, by replacing governed by with
comprised of; and
on page 5, line 16, by replacing a 31-member with
31 members; and
on page 5, line 16 through 17, by deleting board of
directors; and
on page 5, line 17, by replacing be comprised of
with include; and
on page 7, line 9, by deleting with the consent of the
Senate; and
on page 7, line 16 through 17, by deleting Initial
nominees shall be submitted by the Governor to the Senate for its consideration
by no later than January 1, 2008.; and
on page 7, line 18 through 21, by deleting (c) The
ILHIN board of directors shall elect its presiding officer from among its
members and may elect or appoint an executive committee, other committees, and
subcommittees to conduct the business of the organization.; and
on page 7, line 24, by deleting (a); and
on page 8, line 4, by replacing adopted by ILHIN
with established by the Department of Healthcare and Family Services;
and
on page 8, line 6 through 11, by deleting (b) In order
to provide the ILHIN with start-up capabilities in the development of the
state-level health information exchange, the Department of Public Health is
authorized to transfer or license the assets of a State pilot program known as
the Illinois Health Network to ILHIN as soon as is practicable..
With these changes, House Bill 1254 will have my approval.
I respectfully request your concurrence.
Sincerely,
ROD R.
BLAGOJEVICH
Governor
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