Full Text of HB2189 101st General Assembly
HB2189ham001 101ST GENERAL ASSEMBLY | Rep. Natalie A. Manley Filed: 2/28/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2189
| 2 | | AMENDMENT NO. ______. Amend House Bill 2189 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Genetic Information Privacy Act is amended | 5 | | by changing Sections 10 and 20 as follows:
| 6 | | (410 ILCS 513/10)
| 7 | | Sec. 10. Definitions. As used in this Act:
| 8 | | "Authority" means the Illinois Health Information Exchange | 9 | | Authority established pursuant to the Illinois Health | 10 | | Information Exchange and Technology Act. | 11 | | "Business associate" has the meaning ascribed to it under | 12 | | HIPAA, as specified in 45 CFR 160.103. | 13 | | "Covered entity" has the meaning ascribed to it under | 14 | | HIPAA, as specified in 45 CFR 160.103. | 15 | | "De-identified information" means health information that | 16 | | is not individually identifiable as described under HIPAA, as |
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| 1 | | specified in 45 CFR 164.514(b). | 2 | | "Disclosure" has the meaning ascribed to it under HIPAA, as | 3 | | specified in 45 CFR 160.103. | 4 | | "Employer" means the State of Illinois, any unit of local | 5 | | government, and any board, commission, department, | 6 | | institution, or school district, any party to a public | 7 | | contract, any joint apprenticeship or training committee | 8 | | within the State, and every other person employing employees | 9 | | within the State. | 10 | | "Employment agency" means both public and private | 11 | | employment agencies and any person, labor organization, or | 12 | | labor union having a hiring hall or hiring office regularly | 13 | | undertaking, with or without compensation, to procure | 14 | | opportunities to work, or to procure, recruit, refer, or place | 15 | | employees. | 16 | | "Family member" means, with respect to an individual, (i) | 17 | | the spouse of the individual; (ii) a dependent child of the | 18 | | individual, including a child who is born to or placed for | 19 | | adoption with the individual; (iii) any other person qualifying | 20 | | as a covered dependent under a managed care plan; and (iv) all | 21 | | other individuals related by blood or law to the individual or | 22 | | the spouse or child described in subsections (i) through (iii) | 23 | | of this definition. | 24 | | "Genetic information" has the meaning ascribed to it under | 25 | | HIPAA, as specified in 45 CFR 160.103. | 26 | | "Genetic monitoring" means the periodic examination of |
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| 1 | | employees to evaluate acquired modifications to their genetic | 2 | | material, such as chromosomal damage or evidence of increased | 3 | | occurrence of mutations that may have developed in the course | 4 | | of employment due to exposure to toxic substances in the | 5 | | workplace in order to identify, evaluate, and respond to | 6 | | effects of or control adverse environmental exposures in the | 7 | | workplace. | 8 | | "Genetic services" has the meaning ascribed to it under | 9 | | HIPAA, as specified in 45 CFR 160.103. | 10 | | "Genetic testing" and "genetic test" have the meaning | 11 | | ascribed to "genetic test" under HIPAA, as specified in 45 CFR | 12 | | 160.103. "Genetic testing" includes direct-to-consumer | 13 | | commercial genetic testing. | 14 | | "Health care operations" has the meaning ascribed to it | 15 | | under HIPAA, as specified in 45 CFR 164.501. | 16 | | "Health care professional" means (i) a licensed physician, | 17 | | (ii) a licensed physician assistant, (iii) a licensed advanced | 18 | | practice registered nurse, (iv) a licensed dentist, (v) a | 19 | | licensed podiatrist, (vi) a licensed genetic counselor, or | 20 | | (vii) an individual certified to provide genetic testing by a | 21 | | state or local public health department. | 22 | | "Health care provider" has the meaning ascribed to it under | 23 | | HIPAA, as specified in 45 CFR 160.103. | 24 | | "Health facility" means a hospital, blood bank, blood | 25 | | center, sperm bank, or other health care institution, including | 26 | | any "health facility" as that term is defined in the Illinois |
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| 1 | | Finance Authority Act. | 2 | | "Health information exchange" or "HIE" means a health | 3 | | information exchange or health information organization that | 4 | | exchanges health information electronically that (i) is | 5 | | established pursuant to the Illinois Health Information | 6 | | Exchange and Technology Act, or any subsequent amendments | 7 | | thereto, and any administrative rules promulgated thereunder; | 8 | | (ii) has established a data sharing arrangement with the | 9 | | Authority; or (iii) as of August 16, 2013, was designated by | 10 | | the Authority Board as a member of, or was represented on, the | 11 | | Authority Board's Regional Health Information Exchange | 12 | | Workgroup; provided that such designation
shall not require the | 13 | | establishment of a data sharing arrangement or other | 14 | | participation with the Illinois Health
Information Exchange or | 15 | | the payment of any fee. In certain circumstances, in accordance | 16 | | with HIPAA, an HIE will be a business associate. | 17 | | "Health oversight agency" has the meaning ascribed to it | 18 | | under HIPAA, as specified in 45 CFR 164.501. | 19 | | "HIPAA" means the Health Insurance Portability and | 20 | | Accountability Act of 1996, Public Law 104-191, as amended by | 21 | | the Health Information Technology for Economic and Clinical | 22 | | Health Act of 2009, Public Law 111-05, and any subsequent | 23 | | amendments thereto and any regulations promulgated thereunder.
| 24 | | "Insurer" means (i) an entity that is subject to the | 25 | | jurisdiction of the Director of Insurance and (ii) a
managed | 26 | | care plan.
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| 1 | | "Labor organization" includes any organization, labor | 2 | | union, craft union, or any voluntary unincorporated | 3 | | association designed to further the cause of the rights of | 4 | | union labor that is constituted for the purpose, in whole or in | 5 | | part, of collective bargaining or of dealing with employers | 6 | | concerning grievances, terms or conditions of employment, or | 7 | | apprenticeships or applications for apprenticeships, or of | 8 | | other mutual aid or protection in connection with employment, | 9 | | including apprenticeships or applications for apprenticeships. | 10 | | "Licensing agency" means a board, commission, committee, | 11 | | council, department, or officers, except a judicial officer, in | 12 | | this State or any political subdivision authorized to grant, | 13 | | deny, renew, revoke, suspend, annul, withdraw, or amend a | 14 | | license or certificate of registration. | 15 | | "Limited data set" has the meaning ascribed to it under | 16 | | HIPAA, as described in 45 CFR 164.514(e)(2). | 17 | | "Managed care plan" means a plan that establishes, | 18 | | operates, or maintains a
network of health care providers that | 19 | | have entered into agreements with the
plan to provide health | 20 | | care services to enrollees where the plan has the
ultimate and | 21 | | direct contractual obligation to the enrollee to arrange for | 22 | | the
provision of or pay for services
through:
| 23 | | (1) organizational arrangements for ongoing quality | 24 | | assurance,
utilization review programs, or dispute | 25 | | resolution; or
| 26 | | (2) financial incentives for persons enrolled in the |
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| 1 | | plan to use the
participating providers and procedures | 2 | | covered by the plan.
| 3 | | A managed care plan may be established or operated by any | 4 | | entity including
a licensed insurance company, hospital or | 5 | | medical service plan, health
maintenance organization, limited | 6 | | health service organization, preferred
provider organization, | 7 | | third party administrator, or an employer or employee
| 8 | | organization.
| 9 | | "Minimum necessary" means HIPAA's standard for using, | 10 | | disclosing, and requesting protected health information found | 11 | | in 45 CFR 164.502(b) and 164.514(d). | 12 | | "Nontherapeutic purpose" means a purpose that is not | 13 | | intended to improve or preserve the life or health of the | 14 | | individual whom the information concerns. | 15 | | "Organized health care arrangement" has the meaning | 16 | | ascribed to it under HIPAA, as specified in 45 CFR 160.103. | 17 | | "Patient safety activities" has the meaning ascribed to it | 18 | | under 42 CFR 3.20. | 19 | | "Payment" has the meaning ascribed to it under HIPAA, as | 20 | | specified in 45 CFR 164.501. | 21 | | "Person" includes any natural person, partnership, | 22 | | association, joint venture, trust, governmental entity, public | 23 | | or private corporation, health facility, or other legal entity. | 24 | | "Protected health information" has the meaning ascribed to | 25 | | it under HIPAA, as specified in 45 CFR 164.103. | 26 | | "Research" has the meaning ascribed to it under HIPAA, as |
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| 1 | | specified in 45 CFR 164.501. | 2 | | "State agency" means an instrumentality of the State of | 3 | | Illinois and any instrumentality of another state which | 4 | | pursuant to applicable law or a written undertaking with an | 5 | | instrumentality of the State of Illinois is bound to protect | 6 | | the privacy of genetic information of Illinois persons. | 7 | | "Treatment" has the meaning ascribed to it under HIPAA, as | 8 | | specified in 45 CFR 164.501. | 9 | | "Use" has the meaning ascribed to it under HIPAA, as | 10 | | specified in 45 CFR 160.103, where context dictates. | 11 | | (Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18 .)
| 12 | | (410 ILCS 513/20)
| 13 | | Sec. 20. Use of genetic testing information for insurance | 14 | | purposes.
| 15 | | (a) An insurer may not seek information derived from | 16 | | genetic testing for use
in connection with a policy of accident | 17 | | and health insurance. Except as
provided in subsection (c), an | 18 | | insurer that receives information derived from
genetic | 19 | | testing, regardless of the source of that information, may not | 20 | | use
the information for a nontherapeutic purpose as it
relates | 21 | | to a policy of accident and health insurance.
| 22 | | (b) An insurer shall not use or disclose protected health | 23 | | information that is genetic information for underwriting | 24 | | purposes. For purposes of this Section, "underwriting | 25 | | purposes" means, with respect to an insurer: |
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| 1 | | (1) rules for, or determination of, eligibility | 2 | | (including enrollment and continued eligibility) for, or | 3 | | determination of, benefits under the plan, coverage, or | 4 | | policy (including changes in deductibles or other | 5 | | cost-sharing mechanisms in return for activities such as | 6 | | completing a health risk assessment or participating in a | 7 | | wellness program); | 8 | | (2) the computation of premium or contribution amounts | 9 | | under the plan, coverage, or policy (including discounts, | 10 | | rebates, payments in kind, or other premium differential | 11 | | mechanisms in return for activities, such as completing a | 12 | | health risk assessment or participating in a wellness | 13 | | program); | 14 | | (3) the application of any pre-existing condition | 15 | | exclusion under the plan, coverage, or policy; and | 16 | | (4) other activities related to the creation, renewal, | 17 | | or replacement of a contract of health insurance or health | 18 | | benefits. | 19 | | "Underwriting purposes" does not include determinations of | 20 | | medical appropriateness where an individual seeks a benefit | 21 | | under the plan, coverage, or policy. | 22 | | This subsection (b) does not apply to insurers that are | 23 | | issuing a long-term care policy, excluding a nursing home fixed | 24 | | indemnity plan. | 25 | | (c) An insurer may consider the results of genetic testing | 26 | | in connection
with a policy of accident and health insurance if |
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| 1 | | the individual voluntarily
submits the results and the results | 2 | | are favorable to the individual.
| 3 | | (d) An insurer that possesses information derived from | 4 | | genetic testing may
not release the information to a third | 5 | | party, except as specified in this Act.
| 6 | | (e) A company providing direct-to-consumer commercial | 7 | | genetic testing is prohibited from sharing any genetic test | 8 | | information or other personally identifiable information about | 9 | | a consumer with any health or life insurance company without | 10 | | written consent from the consumer. | 11 | | (Source: P.A. 98-1046, eff. 1-1-15 .)".
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