Full Text of SB2294 103rd General Assembly
SB2294enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows:
| 6 | | (5 ILCS 140/7.5)
| 7 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 8 | | by the statutes referenced below, the following shall be | 9 | | exempt from inspection and copying: | 10 | | (a) All information determined to be confidential | 11 | | under Section 4002 of the Technology Advancement and | 12 | | Development Act. | 13 | | (b) Library circulation and order records identifying | 14 | | library users with specific materials under the Library | 15 | | Records Confidentiality Act. | 16 | | (c) Applications, related documents, and medical | 17 | | records received by the Experimental Organ Transplantation | 18 | | Procedures Board and any and all documents or other | 19 | | records prepared by the Experimental Organ Transplantation | 20 | | Procedures Board or its staff relating to applications it | 21 | | has received. | 22 | | (d) Information and records held by the Department of | 23 | | Public Health and its authorized representatives relating |
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| 1 | | to known or suspected cases of sexually transmissible | 2 | | disease or any information the disclosure of which is | 3 | | restricted under the Illinois Sexually Transmissible | 4 | | Disease Control Act. | 5 | | (e) Information the disclosure of which is exempted | 6 | | under Section 30 of the Radon Industry Licensing Act. | 7 | | (f) Firm performance evaluations under Section 55 of | 8 | | the Architectural, Engineering, and Land Surveying | 9 | | Qualifications Based Selection Act. | 10 | | (g) Information the disclosure of which is restricted | 11 | | and exempted under Section 50 of the Illinois Prepaid | 12 | | Tuition Act. | 13 | | (h) Information the disclosure of which is exempted | 14 | | under the State Officials and Employees Ethics Act, and | 15 | | records of any lawfully created State or local inspector | 16 | | general's office that would be exempt if created or | 17 | | obtained by an Executive Inspector General's office under | 18 | | that Act. | 19 | | (i) Information contained in a local emergency energy | 20 | | plan submitted to a municipality in accordance with a | 21 | | local emergency energy plan ordinance that is adopted | 22 | | under Section 11-21.5-5 of the Illinois Municipal Code. | 23 | | (j) Information and data concerning the distribution | 24 | | of surcharge moneys collected and remitted by carriers | 25 | | under the Emergency Telephone System Act. | 26 | | (k) Law enforcement officer identification information |
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| 1 | | or driver identification information compiled by a law | 2 | | enforcement agency or the Department of Transportation | 3 | | under Section 11-212 of the Illinois Vehicle Code. | 4 | | (l) Records and information provided to a residential | 5 | | health care facility resident sexual assault and death | 6 | | review team or the Executive Council under the Abuse | 7 | | Prevention Review Team Act. | 8 | | (m) Information provided to the predatory lending | 9 | | database created pursuant to Article 3 of the Residential | 10 | | Real Property Disclosure Act, except to the extent | 11 | | authorized under that Article. | 12 | | (n) Defense budgets and petitions for certification of | 13 | | compensation and expenses for court appointed trial | 14 | | counsel as provided under Sections 10 and 15 of the | 15 | | Capital Crimes Litigation Act. This subsection (n) shall | 16 | | apply until the conclusion of the trial of the case, even | 17 | | if the prosecution chooses not to pursue the death penalty | 18 | | prior to trial or sentencing. | 19 | | (o) Information that is prohibited from being | 20 | | disclosed under Section 4 of the Illinois Health and | 21 | | Hazardous Substances Registry Act. | 22 | | (p) Security portions of system safety program plans, | 23 | | investigation reports, surveys, schedules, lists, data, or | 24 | | information compiled, collected, or prepared by or for the | 25 | | Department of Transportation under Sections 2705-300 and | 26 | | 2705-616 of the Department of Transportation Law of the |
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| 1 | | Civil Administrative Code of Illinois, the Regional | 2 | | Transportation Authority under Section 2.11 of the | 3 | | Regional Transportation Authority Act, or the St. Clair | 4 | | County Transit District under the Bi-State Transit Safety | 5 | | Act. | 6 | | (q) Information prohibited from being disclosed by the | 7 | | Personnel Record Review Act. | 8 | | (r) Information prohibited from being disclosed by the | 9 | | Illinois School Student Records Act. | 10 | | (s) Information the disclosure of which is restricted | 11 | | under Section 5-108 of the Public Utilities Act.
| 12 | | (t) (Blank). All identified or deidentified health | 13 | | information in the form of health data or medical records | 14 | | contained in, stored in, submitted to, transferred by, or | 15 | | released from the Illinois Health Information Exchange, | 16 | | and identified or deidentified health information in the | 17 | | form of health data and medical records of the Illinois | 18 | | Health Information Exchange in the possession of the | 19 | | Illinois Health Information Exchange Office due to its | 20 | | administration of the Illinois Health Information | 21 | | Exchange. The terms "identified" and "deidentified" shall | 22 | | be given the same meaning as in the Health Insurance | 23 | | Portability and Accountability Act of 1996, Public Law | 24 | | 104-191, or any subsequent amendments thereto, and any | 25 | | regulations promulgated thereunder. | 26 | | (u) Records and information provided to an independent |
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| 1 | | team of experts under the Developmental Disability and | 2 | | Mental Health Safety Act (also known as Brian's Law). | 3 | | (v) Names and information of people who have applied | 4 | | for or received Firearm Owner's Identification Cards under | 5 | | the Firearm Owners Identification Card Act or applied for | 6 | | or received a concealed carry license under the Firearm | 7 | | Concealed Carry Act, unless otherwise authorized by the | 8 | | Firearm Concealed Carry Act; and databases under the | 9 | | Firearm Concealed Carry Act, records of the Concealed | 10 | | Carry Licensing Review Board under the Firearm Concealed | 11 | | Carry Act, and law enforcement agency objections under the | 12 | | Firearm Concealed Carry Act. | 13 | | (v-5) Records of the Firearm Owner's Identification | 14 | | Card Review Board that are exempted from disclosure under | 15 | | Section 10 of the Firearm Owners Identification Card Act. | 16 | | (w) Personally identifiable information which is | 17 | | exempted from disclosure under subsection (g) of Section | 18 | | 19.1 of the Toll Highway Act. | 19 | | (x) Information which is exempted from disclosure | 20 | | under Section 5-1014.3 of the Counties Code or Section | 21 | | 8-11-21 of the Illinois Municipal Code. | 22 | | (y) Confidential information under the Adult | 23 | | Protective Services Act and its predecessor enabling | 24 | | statute, the Elder Abuse and Neglect Act, including | 25 | | information about the identity and administrative finding | 26 | | against any caregiver of a verified and substantiated |
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| 1 | | decision of abuse, neglect, or financial exploitation of | 2 | | an eligible adult maintained in the Registry established | 3 | | under Section 7.5 of the Adult Protective Services Act. | 4 | | (z) Records and information provided to a fatality | 5 | | review team or the Illinois Fatality Review Team Advisory | 6 | | Council under Section 15 of the Adult Protective Services | 7 | | Act. | 8 | | (aa) Information which is exempted from disclosure | 9 | | under Section 2.37 of the Wildlife Code. | 10 | | (bb) Information which is or was prohibited from | 11 | | disclosure by the Juvenile Court Act of 1987. | 12 | | (cc) Recordings made under the Law Enforcement | 13 | | Officer-Worn Body Camera Act, except to the extent | 14 | | authorized under that Act. | 15 | | (dd) Information that is prohibited from being | 16 | | disclosed under Section 45 of the Condominium and Common | 17 | | Interest Community Ombudsperson Act. | 18 | | (ee) Information that is exempted from disclosure | 19 | | under Section 30.1 of the Pharmacy Practice Act. | 20 | | (ff) Information that is exempted from disclosure | 21 | | under the Revised Uniform Unclaimed Property Act. | 22 | | (gg) Information that is prohibited from being | 23 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 24 | | Code. | 25 | | (hh) Records that are exempt from disclosure under | 26 | | Section 1A-16.7 of the Election Code. |
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| 1 | | (ii) Information which is exempted from disclosure | 2 | | under Section 2505-800 of the Department of Revenue Law of | 3 | | the Civil Administrative Code of Illinois. | 4 | | (jj) Information and reports that are required to be | 5 | | submitted to the Department of Labor by registering day | 6 | | and temporary labor service agencies but are exempt from | 7 | | disclosure under subsection (a-1) of Section 45 of the Day | 8 | | and Temporary Labor Services Act. | 9 | | (kk) Information prohibited from disclosure under the | 10 | | Seizure and Forfeiture Reporting Act. | 11 | | (ll) Information the disclosure of which is restricted | 12 | | and exempted under Section 5-30.8 of the Illinois Public | 13 | | Aid Code. | 14 | | (mm) Records that are exempt from disclosure under | 15 | | Section 4.2 of the Crime Victims Compensation Act. | 16 | | (nn) Information that is exempt from disclosure under | 17 | | Section 70 of the Higher Education Student Assistance Act. | 18 | | (oo) Communications, notes, records, and reports | 19 | | arising out of a peer support counseling session | 20 | | prohibited from disclosure under the First Responders | 21 | | Suicide Prevention Act. | 22 | | (pp) Names and all identifying information relating to | 23 | | an employee of an emergency services provider or law | 24 | | enforcement agency under the First Responders Suicide | 25 | | Prevention Act. | 26 | | (qq) Information and records held by the Department of |
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| 1 | | Public Health and its authorized representatives collected | 2 | | under the Reproductive Health Act. | 3 | | (rr) Information that is exempt from disclosure under | 4 | | the Cannabis Regulation and Tax Act. | 5 | | (ss) Data reported by an employer to the Department of | 6 | | Human Rights pursuant to Section 2-108 of the Illinois | 7 | | Human Rights Act. | 8 | | (tt) Recordings made under the Children's Advocacy | 9 | | Center Act, except to the extent authorized under that | 10 | | Act. | 11 | | (uu) Information that is exempt from disclosure under | 12 | | Section 50 of the Sexual Assault Evidence Submission Act. | 13 | | (vv) Information that is exempt from disclosure under | 14 | | subsections (f) and (j) of Section 5-36 of the Illinois | 15 | | Public Aid Code. | 16 | | (ww) Information that is exempt from disclosure under | 17 | | Section 16.8 of the State Treasurer Act. | 18 | | (xx) Information that is exempt from disclosure or | 19 | | information that shall not be made public under the | 20 | | Illinois Insurance Code. | 21 | | (yy) Information prohibited from being disclosed under | 22 | | the Illinois Educational Labor Relations Act. | 23 | | (zz) Information prohibited from being disclosed under | 24 | | the Illinois Public Labor Relations Act. | 25 | | (aaa) Information prohibited from being disclosed | 26 | | under Section 1-167 of the Illinois Pension Code. |
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| 1 | | (bbb) Information that is prohibited from disclosure | 2 | | by the Illinois Police Training Act and the Illinois State | 3 | | Police Act. | 4 | | (ccc) Records exempt from disclosure under Section
| 5 | | 2605-304 of the Illinois State Police Law of the Civil
| 6 | | Administrative Code of Illinois. | 7 | | (ddd) Information prohibited from being disclosed | 8 | | under Section 35 of the Address Confidentiality for | 9 | | Victims of Domestic Violence, Sexual Assault, Human | 10 | | Trafficking, or Stalking Act. | 11 | | (eee) Information prohibited from being disclosed | 12 | | under subsection (b) of Section 75 of the Domestic | 13 | | Violence Fatality Review Act. | 14 | | (fff) Images from cameras under the Expressway Camera | 15 | | Act. This subsection (fff) is inoperative on and after | 16 | | July 1, 2023. | 17 | | (ggg) Information prohibited from disclosure under | 18 | | paragraph (3) of subsection (a) of Section 14 of the Nurse | 19 | | Agency Licensing Act. | 20 | | (hhh) Information submitted to the Department of State | 21 | | Police in an affidavit or application for an assault | 22 | | weapon endorsement, assault weapon attachment endorsement, | 23 | | .50 caliber rifle endorsement, or .50 caliber cartridge | 24 | | endorsement under the Firearm Owners Identification Card | 25 | | Act. | 26 | | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; |
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| 1 | | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | 2 | | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | 3 | | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | 4 | | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | 5 | | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | 6 | | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | 7 | | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. | 8 | | 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.) | 9 | | Section 5. The Department of Healthcare and Family | 10 | | Services Law is amended by adding Section 2205-40 as follows: | 11 | | (20 ILCS 2205/2205-40 new) | 12 | | Sec. 2205-40. Dissolution of the Health
Information | 13 | | Exchange Office and Fund. | 14 | | (a) Staff employed by the Illinois Health
Information | 15 | | Exchange Office (Office) on the effective date of
this | 16 | | amendatory Act of the 103rd General Assembly shall
remain | 17 | | employed and continue their service within the Department of | 18 | | Healthcare
and Family Services after the repeal of the | 19 | | Illinois Health Information Exchange and Technology Act and | 20 | | the cessation or dissolution of the Office. The status and | 21 | | rights of such employees shall not be affected by the repeal of | 22 | | the Illinois Health Information Exchange and Technology Act or | 23 | | the cessation of the Office except that, notwithstanding any | 24 | | other State law
to the contrary, those employees shall |
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| 1 | | maintain their
seniority and their positions shall convert to | 2 | | titles of
comparable organizational level under the Personnel | 3 | | Code
and become subject to the Personnel Code. Other than the
| 4 | | changes described in this paragraph, the rights of
employees, | 5 | | the State of Illinois, and State agencies under
the Personnel | 6 | | Code or under any pension, retirement, or
annuity plan shall | 7 | | not be affected by this amendatory Act
of the 103rd General | 8 | | Assembly. | 9 | | (b) Notwithstanding any other provision of law to the | 10 | | contrary, and in addition to any other transfers that may be | 11 | | provided by law, on the effective date of this amendatory Act | 12 | | of the 103rd General Assembly, or as soon thereafter as | 13 | | practical, the State Comptroller shall direct and the State | 14 | | Treasurer shall transfer the remaining balance from the Health | 15 | | Information Exchange Fund to the General Revenue Fund. Upon | 16 | | completion of the transfer, the Health Information Exchange | 17 | | Fund is dissolved, and any future deposits due to that Fund and | 18 | | any outstanding obligations or liabilities of that Fund shall | 19 | | pass to the General Revenue Fund. | 20 | | Section 10. The Illinois Health Information Exchange and | 21 | | Technology Act is amended by changing Section 997 as follows: | 22 | | (20 ILCS 3860/997) | 23 | | (Section scheduled to be repealed on January 1, 2027) | 24 | | Sec. 997. Repealer. This Act is repealed on July 1, 2023 |
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| 1 | | January 1, 2027 .
| 2 | | (Source: P.A. 102-43, eff. 7-6-21.) | 3 | | Section 15. The Illinois Public Aid Code is amended by | 4 | | changing Section 12-4.48 as follows: | 5 | | (305 ILCS 5/12-4.48) | 6 | | Sec. 12-4.48. Long-Term Services and Supports Disparities | 7 | | Workgroup Task Force . | 8 | | (a) The Department of Healthcare and Family Services shall | 9 | | establish a Long-Term Services and Supports Disparities | 10 | | Workgroup of the Medicaid Advisory Committee in accordance | 11 | | with the requirements of 42 CFR 431.12 Task Force . | 12 | | (b) Members of the Workgroup Task Force shall be appointed | 13 | | by the Director of the Department of Healthcare and Family | 14 | | Services and may shall include representatives of the | 15 | | following agencies, organizations, or groups: | 16 | | (1) (Blank). The Governor's office. | 17 | | (2) (Blank). The Department of Healthcare and Family | 18 | | Services. | 19 | | (3) (Blank). The Department of Human Services. | 20 | | (4) (Blank). The Department on Aging. | 21 | | (5) (Blank). The Department of Human Rights. | 22 | | (6) (Blank). Area Agencies on Aging. | 23 | | (7) (Blank). The Department of Public Health. | 24 | | (8) Managed Care Plans. |
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| 1 | | (9) The for-profit urban nursing home or assisted | 2 | | living industry. | 3 | | (10) The for-profit rural nursing home or assisted | 4 | | living industry. | 5 | | (11) The not-for-profit nursing home or assisted | 6 | | living industry. | 7 | | (12) The home care association or home care industry. | 8 | | (13) The adult day care association or adult day care | 9 | | industry. | 10 | | (14) An association representing workers who provide | 11 | | long-term services and supports. | 12 | | (15) A representative of providers that serve the | 13 | | predominantly ethnic minority populations. | 14 | | (16) Case Management Organizations. | 15 | | (17) Three consumer representatives which may include | 16 | | a consumer of long-term services and supports or an | 17 | | individual who advocates for such consumers. For purposes | 18 | | of this provision, "consumer representative" means a | 19 | | person who is not an elected official and who has no | 20 | | financial interest in a health or long-term care delivery | 21 | | system. | 22 | | (b-5) In addition, one representative from each of the | 23 | | following may serve ex officio: the Governor's Office; the | 24 | | Department of Healthcare and Family Services; the Department | 25 | | of Human Services; the Department on Aging; the Department of | 26 | | Public Health; and the Department of Human Rights. |
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| 1 | | (c) The Workgroup The Task Force shall not meet unless all | 2 | | consumer representative positions are filled. The Task Force | 3 | | shall reflect diversity in race, ethnicity, and gender. | 4 | | (d) The Chair of the Workgroup Task Force shall be | 5 | | appointed by the Director of the Department of Healthcare and | 6 | | Family Services. | 7 | | (e) The Director of the Department of Healthcare and | 8 | | Family Services shall assign appropriate staff and resources | 9 | | to support the efforts of the Workgroup. The Workgroup Task | 10 | | Force. The Task Force shall meet as often as necessary but not | 11 | | less than 4 times per calendar year. | 12 | | (f) The Workgroup Task Force shall promote and facilitate | 13 | | communication, coordination, and collaboration among relevant | 14 | | State agencies and communities of color, limited | 15 | | English-speaking communities, and the private and public | 16 | | entities providing services to those communities. | 17 | | (g) The Workgroup Task Force shall do all of the | 18 | | following: | 19 | | (1) Document the number and types of Long-Term | 20 | | Services and Supports (LTSS) providers in the State and | 21 | | the number of clients served in each setting. | 22 | | (2) Document the number and racial profiles of | 23 | | residents using LTSS, including, but not limited to, | 24 | | residential nursing facilities, assisted living | 25 | | facilities, adult day care, home health services, and | 26 | | other home and community based long-term care services. |
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| 1 | | (3) Document the number and profiles of family or | 2 | | informal caregivers who provide care for minority elders. | 3 | | (4) Compare data over multiple years to identify | 4 | | trends in the delivery of LTSS for each racial or ethnic | 5 | | category including: Alaskan Native or American Indian, | 6 | | Asian or Pacific Islander, black or African American, | 7 | | Hispanic, or white. | 8 | | (5) Identify any racial disparities in the provision | 9 | | of care in various LTSS settings and determine factors | 10 | | that might influence the disparities found. | 11 | | (6) Identify any disparities uniquely experienced in | 12 | | metropolitan or rural areas and make recommendations to | 13 | | address these areas. | 14 | | (7) Assess whether the LTSS industry, including | 15 | | managed care plans and independent providers, is equipped | 16 | | to offer culturally sensitive, competent, and | 17 | | linguistically appropriate care to meet the needs of a | 18 | | diverse aging population and their informal and formal | 19 | | caregivers. | 20 | | (8) Consider whether to recommend that the State | 21 | | require all home and community based services as a | 22 | | condition of licensure to report data similar to that | 23 | | gathered under the Minimum Data Set and required when a | 24 | | new resident is admitted to a nursing home. | 25 | | (9) Identify and prioritize recommendations for | 26 | | actions to be taken by the State to address disparity |
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| 1 | | issues identified in the course of these studies. | 2 | | (10) Monitor the progress of the State in eliminating | 3 | | racial disparities in the delivery of LTSS. | 4 | | (h) The Workgroup may Task Force shall conduct public | 5 | | hearings, inquiries, studies, and other forms of information | 6 | | gathering to identify how the actions of State government | 7 | | contribute to or reduce racial disparities in long-term care | 8 | | settings. | 9 | | (i) The Workgroup Task Force shall report its findings and | 10 | | recommendations to the Governor and the General Assembly with | 11 | | annual no later than one year after the effective date of this | 12 | | amendatory Act of the 98th General Assembly. Annual reports | 13 | | shall be issued every year thereafter and shall include | 14 | | documentation of progress made to eliminate disparities in | 15 | | long-term care service settings.
| 16 | | (Source: P.A. 98-825, eff. 8-1-14; 99-78, eff. 7-20-15.) | 17 | | Section 20. The Medical Patient Rights Act is amended by | 18 | | changing Section 3 as follows:
| 19 | | (410 ILCS 50/3) (from Ch. 111 1/2, par. 5403)
| 20 | | Sec. 3. The following rights are hereby established:
| 21 | | (a) The right of each patient to care consistent with | 22 | | sound nursing and
medical practices, to be informed of the | 23 | | name of the physician responsible
for coordinating his or | 24 | | her care, to receive information concerning his or
her |
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| 1 | | condition and proposed treatment, to refuse any treatment | 2 | | to the extent
permitted by law, and to privacy and | 3 | | confidentiality of records except as
otherwise provided by | 4 | | law.
| 5 | | (b) The right of each patient, regardless of source of | 6 | | payment, to examine
and receive a reasonable explanation | 7 | | of his total bill for services rendered
by his physician | 8 | | or health care provider, including the itemized charges
| 9 | | for specific services received. Each physician or health | 10 | | care provider
shall be responsible only for a reasonable | 11 | | explanation of those specific
services provided by such | 12 | | physician or health care provider.
| 13 | | (c) In the event an insurance company or health | 14 | | services corporation cancels
or refuses to renew an | 15 | | individual policy or plan, the insured patient shall
be | 16 | | entitled to timely, prior notice of the termination of | 17 | | such policy or plan.
| 18 | | An insurance company or health services corporation | 19 | | that requires any
insured patient or applicant for new or | 20 | | continued insurance or coverage to
be tested for infection | 21 | | with human immunodeficiency virus (HIV) or any
other | 22 | | identified causative agent of acquired immunodeficiency | 23 | | syndrome
(AIDS) shall (1) give the patient or applicant | 24 | | prior written notice of such
requirement, (2) proceed with | 25 | | such testing only upon the written
authorization of the | 26 | | applicant or patient, and (3) keep the results of such
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| 1 | | testing confidential. Notice of an adverse underwriting or | 2 | | coverage
decision may be given to any appropriately | 3 | | interested party, but the
insurer may only disclose the | 4 | | test result itself to a physician designated
by the | 5 | | applicant or patient, and any such disclosure shall be in | 6 | | a manner
that assures confidentiality.
| 7 | | The Department of Insurance shall enforce the | 8 | | provisions of this subsection.
| 9 | | (d) The right of each patient to privacy and | 10 | | confidentiality in health
care. Each physician, health | 11 | | care provider, health services corporation and
insurance | 12 | | company shall refrain from disclosing the nature or | 13 | | details of
services provided to patients, except that such | 14 | | information may be disclosed: (1) to the
patient, (2) to | 15 | | the party making treatment decisions if the patient is | 16 | | incapable
of making decisions regarding the health | 17 | | services provided, (3) for treatment in accordance with 45 | 18 | | CFR 164.501 and 164.506, (4) for
payment in accordance | 19 | | with 45 CFR 164.501 and 164.506, (5) to those parties | 20 | | responsible for peer review,
utilization review, and | 21 | | quality assurance, (6) for health care operations in | 22 | | accordance with 45 CFR 164.501 and 164.506, (7) to those | 23 | | parties required to
be notified under the Abused and | 24 | | Neglected Child Reporting Act or the
Illinois Sexually | 25 | | Transmissible Disease Control Act, or (8) as otherwise | 26 | | permitted,
authorized, or required by State or federal |
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| 1 | | law. This right may be waived in writing by the
patient or | 2 | | the patient's guardian or legal representative, but a | 3 | | physician or other health care
provider may not condition | 4 | | the provision of services on the patient's,
guardian's, or | 5 | | legal representative's agreement to sign such a waiver. In | 6 | | the interest of public health, safety, and welfare, | 7 | | patient information, including, but not limited to, health | 8 | | information, demographic information, and information | 9 | | about the services provided to patients, may be | 10 | | transmitted to or through a health information exchange, | 11 | | as that term is defined in Section 2 of the Mental Health | 12 | | and Developmental Disabilities Confidentiality Act, in | 13 | | accordance with the disclosures permitted pursuant to this | 14 | | Section. Patients shall be provided the opportunity to opt | 15 | | out of their health information being transmitted to or | 16 | | through a health information exchange in accordance with | 17 | | the regulations, standards, or contractual obligations | 18 | | adopted by the Illinois Health Information Exchange Office | 19 | | in accordance with Section 9.6 of the Mental Health and | 20 | | Developmental Disabilities Confidentiality Act, Section | 21 | | 9.6 of the AIDS Confidentiality Act, or Section 31.8 of | 22 | | the Genetic Information Privacy Act, as applicable. In the | 23 | | case of a patient choosing to opt out of having his or her | 24 | | information available on an HIE, nothing in this Act shall | 25 | | cause the physician or health care provider to be liable | 26 | | for the release of a patient's health information by other |
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| 1 | | entities that may possess such information, including, but | 2 | | not limited to, other health professionals, providers, | 3 | | laboratories, pharmacies, hospitals, ambulatory surgical | 4 | | centers, and nursing homes.
| 5 | | (Source: P.A. 101-649, eff. 7-7-20.)
| 6 | | Section 25. The AIDS Confidentiality Act is amended by | 7 | | changing Section 3 as follows:
| 8 | | (410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
| 9 | | Sec. 3. Definitions. When used in this Act:
| 10 | | (a) "AIDS" means acquired immunodeficiency syndrome. | 11 | | (b) "Authority" means the Illinois Health Information | 12 | | Exchange Authority established pursuant to the Illinois Health | 13 | | Information Exchange and Technology Act. | 14 | | (c) "Business associate" has the meaning ascribed to it | 15 | | under HIPAA, as specified in 45 CFR 160.103. | 16 | | (d) "Covered entity" has the meaning ascribed to it under | 17 | | HIPAA, as specified in 45 CFR 160.103. | 18 | | (e) "De-identified information" means health information | 19 | | that is not individually identifiable as described under | 20 | | HIPAA, as specified in 45 CFR 164.514(b). | 21 | | (f) "Department" means the Illinois Department of Public | 22 | | Health or its designated agents.
| 23 | | (g) "Disclosure" has the meaning ascribed to it under | 24 | | HIPAA, as specified in 45 CFR 160.103. |
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| 1 | | (h) "Health care operations" has the meaning ascribed to | 2 | | it under HIPAA, as specified in 45 CFR 164.501. | 3 | | (i) "Health care professional" means (i) a licensed | 4 | | physician, (ii) a licensed
physician assistant, (iii) a | 5 | | licensed advanced practice registered nurse, (iv) an advanced | 6 | | practice registered nurse or physician assistant who practices | 7 | | in a hospital or ambulatory surgical treatment center and | 8 | | possesses appropriate clinical privileges, (v) a licensed | 9 | | dentist, (vi) a licensed podiatric physician, or (vii) an
| 10 | | individual certified to provide HIV testing and counseling by | 11 | | a state or local
public health
department. | 12 | | (j) "Health care provider" has the meaning ascribed to it | 13 | | under HIPAA, as specified in 45 CFR 160.103.
| 14 | | (k) "Health facility" means a hospital, nursing home, | 15 | | blood bank, blood
center, sperm bank, or other health care | 16 | | institution, including any "health
facility" as that term is | 17 | | defined in the Illinois Finance Authority
Act.
| 18 | | (l) "Health information exchange" or "HIE" means a health | 19 | | information exchange or health information organization that | 20 | | oversees and governs the electronic exchange of health | 21 | | information that (i) is established pursuant to the Illinois | 22 | | Health Information Exchange and Technology Act, or any | 23 | | subsequent amendments thereto, and any administrative rules | 24 | | adopted thereunder; (ii) has established a data sharing | 25 | | arrangement with the Authority; or (iii) as of August 16, | 26 | | 2013, was designated by the Authority Board as a member of, or |
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| 1 | | was represented on, the Authority Board's Regional Health | 2 | | Information Exchange Workgroup; provided that such designation
| 3 | | shall not require the establishment of a data sharing | 4 | | arrangement or other participation with the Illinois Health
| 5 | | Information Exchange or the payment of any fee . In certain | 6 | | circumstances, in accordance with HIPAA, an HIE will be a | 7 | | business associate. | 8 | | (m) "Health oversight agency" has the meaning ascribed to | 9 | | it under HIPAA, as specified in 45 CFR 164.501. | 10 | | (n) "HIPAA" means the Health Insurance Portability and | 11 | | Accountability Act of 1996, Public Law 104-191, as amended by | 12 | | the Health Information Technology for Economic and Clinical | 13 | | Health Act of 2009, Public Law 111-05, and any subsequent | 14 | | amendments thereto and any regulations promulgated thereunder. | 15 | | (o) "HIV" means the human immunodeficiency virus. | 16 | | (p) "HIV-related information" means the identity of a | 17 | | person upon whom an HIV test is performed, the results of an | 18 | | HIV test, as well as diagnosis, treatment, and prescription | 19 | | information that reveals a patient is HIV-positive, including | 20 | | such information contained in a limited data set. "HIV-related | 21 | | information" does not include information that has been | 22 | | de-identified in accordance with HIPAA. | 23 | | (q) "Informed consent" means: | 24 | | (1) where a health care provider, health care | 25 | | professional, or health facility has implemented opt-in | 26 | | testing, a process by which an individual or their legal |
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| 1 | | representative receives pre-test information, has an | 2 | | opportunity to ask questions, and consents verbally or in | 3 | | writing to the test without undue inducement or any | 4 | | element of force, fraud, deceit, duress, or other form of | 5 | | constraint or coercion; or | 6 | | (2) where a health care provider, health care | 7 | | professional, or health facility has implemented opt-out | 8 | | testing, the individual or their legal representative has | 9 | | been notified verbally or in writing that the test is | 10 | | planned, has received pre-test information, has been given | 11 | | the opportunity to ask questions and the opportunity to | 12 | | decline testing, and has not declined testing; where such | 13 | | notice is provided, consent for opt-out HIV testing may be | 14 | | incorporated into the patient's general consent for | 15 | | medical care on the same basis as are other screening or | 16 | | diagnostic tests; a separate consent for opt-out HIV | 17 | | testing is not required. | 18 | | In addition, where the person providing informed consent | 19 | | is a participant in an HIE, informed consent requires a fair | 20 | | explanation that the results of the patient's HIV test will be | 21 | | accessible through an HIE and meaningful disclosure of the | 22 | | patient's opt-out right under Section 9.6 of this Act. | 23 | | A health care provider, health care professional, or | 24 | | health facility undertaking an informed consent process for | 25 | | HIV testing under this subsection may combine a form used to | 26 | | obtain informed consent for HIV testing with forms used to |
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| 1 | | obtain written consent for general medical care or any other | 2 | | medical test or procedure, provided that the forms make it | 3 | | clear that the subject may consent to general medical care, | 4 | | tests, or procedures without being required to consent to HIV | 5 | | testing, and clearly explain how the subject may decline HIV | 6 | | testing. Health facility clerical staff or other staff | 7 | | responsible for the consent form for general medical care may | 8 | | obtain consent for HIV testing through a general consent form. | 9 | | (r) "Limited data set" has the meaning ascribed to it | 10 | | under HIPAA, as described in 45 CFR 164.514(e)(2). | 11 | | (s) "Minimum necessary" means the HIPAA standard for | 12 | | using, disclosing, and requesting protected health information | 13 | | found in 45 CFR 164.502(b) and 164.514(d). | 14 | | (s-1) "Opt-in testing" means an approach where an HIV test | 15 | | is presented by offering the test and the patient accepts or | 16 | | declines testing. | 17 | | (s-3) "Opt-out testing" means an approach where an HIV | 18 | | test is presented such that a patient is notified that HIV | 19 | | testing may occur unless the patient declines. | 20 | | (t) "Organized health care arrangement" has the meaning | 21 | | ascribed to it under HIPAA, as specified in 45 CFR 160.103. | 22 | | (u) "Patient safety activities" has the meaning ascribed | 23 | | to it under 42 CFR 3.20. | 24 | | (v) "Payment" has the meaning ascribed to it under HIPAA, | 25 | | as specified in 45 CFR 164.501. | 26 | | (w) "Person" includes any natural person, partnership, |
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| 1 | | association, joint venture, trust, governmental entity, public | 2 | | or private corporation, health facility, or other legal | 3 | | entity. | 4 | | (w-5) "Pre-test information" means: | 5 | | (1) a reasonable explanation of the test, including | 6 | | its purpose, potential uses, limitations, and the meaning | 7 | | of its results; and | 8 | | (2) a reasonable explanation of the procedures to be | 9 | | followed, including the voluntary nature of the test, the | 10 | | availability of a qualified person to answer questions, | 11 | | the right to withdraw consent to the testing process at | 12 | | any time, the right to anonymity to the extent provided by | 13 | | law with respect to participation in the test and | 14 | | disclosure of test results, and the right to confidential | 15 | | treatment of information identifying the subject of the | 16 | | test and the results of the test, to the extent provided by | 17 | | law. | 18 | | Pre-test information may be provided in writing, verbally, | 19 | | or by video, electronic, or other means and may be provided as | 20 | | designated by the supervising health care professional or the | 21 | | health facility. | 22 | | For the purposes of this definition, a qualified person to | 23 | | answer questions is a health care professional or, when acting | 24 | | under the supervision of a health care professional, a | 25 | | registered nurse, medical assistant, or other person | 26 | | determined to be sufficiently knowledgeable about HIV testing, |
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| 1 | | its purpose, potential uses, limitations, the meaning of the | 2 | | test results, and the testing procedures in the professional | 3 | | judgment of a supervising health care professional or as | 4 | | designated by a health care facility. | 5 | | (x) "Protected health information" has the meaning | 6 | | ascribed to it under HIPAA, as specified in 45 CFR 160.103. | 7 | | (y) "Research" has the meaning ascribed to it under HIPAA, | 8 | | as specified in 45 CFR 164.501. | 9 | | (z) "State agency" means an instrumentality of the State | 10 | | of Illinois and any instrumentality of another state that, | 11 | | pursuant to applicable law or a written undertaking with an | 12 | | instrumentality of the State of Illinois, is bound to protect | 13 | | the privacy of HIV-related information of Illinois persons.
| 14 | | (aa) "Test" or "HIV test" means a test to determine the | 15 | | presence of the
antibody or antigen to HIV, or of HIV | 16 | | infection.
| 17 | | (bb) "Treatment" has the meaning ascribed to it under | 18 | | HIPAA, as specified in 45 CFR 164.501. | 19 | | (cc) "Use" has the meaning ascribed to it under HIPAA, as | 20 | | specified in 45 CFR 160.103, where context dictates.
| 21 | | (Source: P.A. 99-54, eff. 1-1-16; 99-173, eff. 7-29-15; | 22 | | 99-642, eff. 7-28-16; 100-513, eff. 1-1-18 .) | 23 | | Section 30. The Genetic Information Privacy Act is amended | 24 | | by changing Section 10 as follows:
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| 1 | | (410 ILCS 513/10)
| 2 | | Sec. 10. Definitions. As used in this Act:
| 3 | | "Office" means the Illinois Health Information Exchange | 4 | | Office established pursuant to the Illinois Health Information | 5 | | Exchange and Technology Act. | 6 | | "Business associate" has the meaning ascribed to it under | 7 | | HIPAA, as specified in 45 CFR 160.103. | 8 | | "Covered entity" has the meaning ascribed to it under | 9 | | HIPAA, as specified in 45 CFR 160.103. | 10 | | "De-identified information" means health information that | 11 | | is not individually identifiable as described under HIPAA, as | 12 | | specified in 45 CFR 164.514(b). | 13 | | "Disclosure" has the meaning ascribed to it under HIPAA, | 14 | | as specified in 45 CFR 160.103. | 15 | | "Employer" means the State of Illinois, any unit of local | 16 | | government, and any board, commission, department, | 17 | | institution, or school district, any party to a public | 18 | | contract, any joint apprenticeship or training committee | 19 | | within the State, and every other person employing employees | 20 | | within the State. | 21 | | "Employment agency" means both public and private | 22 | | employment agencies and any person, labor organization, or | 23 | | labor union having a hiring hall or hiring office regularly | 24 | | undertaking, with or without compensation, to procure | 25 | | opportunities to work, or to procure, recruit, refer, or place | 26 | | employees. |
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| 1 | | "Family member" means, with respect to an individual, (i) | 2 | | the spouse of the individual; (ii) a dependent child of the | 3 | | individual, including a child who is born to or placed for | 4 | | adoption with the individual; (iii) any other person | 5 | | qualifying as a covered dependent under a managed care plan; | 6 | | and (iv) all other individuals related by blood or law to the | 7 | | individual or the spouse or child described in subsections (i) | 8 | | through (iii) of this definition. | 9 | | "Genetic information" has the meaning ascribed to it under | 10 | | HIPAA, as specified in 45 CFR 160.103. | 11 | | "Genetic monitoring" means the periodic examination of | 12 | | employees to evaluate acquired modifications to their genetic | 13 | | material, such as chromosomal damage or evidence of increased | 14 | | occurrence of mutations that may have developed in the course | 15 | | of employment due to exposure to toxic substances in the | 16 | | workplace in order to identify, evaluate, and respond to | 17 | | effects of or control adverse environmental exposures in the | 18 | | workplace. | 19 | | "Genetic services" has the meaning ascribed to it under | 20 | | HIPAA, as specified in 45 CFR 160.103. | 21 | | "Genetic testing" and "genetic test" have the meaning | 22 | | ascribed to "genetic test" under HIPAA, as specified in 45 CFR | 23 | | 160.103. "Genetic testing" includes direct-to-consumer | 24 | | commercial genetic testing. | 25 | | "Health care operations" has the meaning ascribed to it | 26 | | under HIPAA, as specified in 45 CFR 164.501. |
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| 1 | | "Health care professional" means (i) a licensed physician, | 2 | | (ii) a licensed physician assistant, (iii) a licensed advanced | 3 | | practice registered nurse, (iv) a licensed dentist, (v) a | 4 | | licensed podiatrist, (vi) a licensed genetic counselor, or | 5 | | (vii) an individual certified to provide genetic testing by a | 6 | | state or local public health department. | 7 | | "Health care provider" has the meaning ascribed to it | 8 | | under HIPAA, as specified in 45 CFR 160.103. | 9 | | "Health facility" means a hospital, blood bank, blood | 10 | | center, sperm bank, or other health care institution, | 11 | | including any "health facility" as that term is defined in the | 12 | | Illinois Finance Authority Act. | 13 | | "Health information exchange" or "HIE" means a health | 14 | | information exchange or health information organization that | 15 | | exchanges health information electronically that (i) is | 16 | | established pursuant to the Illinois Health Information | 17 | | Exchange and Technology Act, or any subsequent amendments | 18 | | thereto, and any administrative rules promulgated thereunder; | 19 | | (ii) has established a data sharing arrangement with the | 20 | | Office; or (iii) as of August 16, 2013, was designated by the | 21 | | Illinois Health Information
Exchange Authority (now Office) | 22 | | Board as a member of, or was represented on, the Authority | 23 | | Board's Regional Health Information Exchange Workgroup; | 24 | | provided that such designation
shall not require the | 25 | | establishment of a data sharing arrangement or other | 26 | | participation with the Illinois Health
Information Exchange or |
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| 1 | | the payment of any fee . In certain circumstances, in | 2 | | accordance with HIPAA, an HIE will be a business associate. | 3 | | "Health oversight agency" has the meaning ascribed to it | 4 | | under HIPAA, as specified in 45 CFR 164.501. | 5 | | "HIPAA" means the Health Insurance Portability and | 6 | | Accountability Act of 1996, Public Law 104-191, as amended by | 7 | | the Health Information Technology for Economic and Clinical | 8 | | Health Act of 2009, Public Law 111-05, and any subsequent | 9 | | amendments thereto and any regulations promulgated thereunder.
| 10 | | "Insurer" means (i) an entity that is subject to the | 11 | | jurisdiction of the Director of Insurance and (ii) a
managed | 12 | | care plan.
| 13 | | "Labor organization" includes any organization, labor | 14 | | union, craft union, or any voluntary unincorporated | 15 | | association designed to further the cause of the rights of | 16 | | union labor that is constituted for the purpose, in whole or in | 17 | | part, of collective bargaining or of dealing with employers | 18 | | concerning grievances, terms or conditions of employment, or | 19 | | apprenticeships or applications for apprenticeships, or of | 20 | | other mutual aid or protection in connection with employment, | 21 | | including apprenticeships or applications for apprenticeships. | 22 | | "Licensing agency" means a board, commission, committee, | 23 | | council, department, or officers, except a judicial officer, | 24 | | in this State or any political subdivision authorized to | 25 | | grant, deny, renew, revoke, suspend, annul, withdraw, or amend | 26 | | a license or certificate of registration. |
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| 1 | | "Limited data set" has the meaning ascribed to it under | 2 | | HIPAA, as described in 45 CFR 164.514(e)(2). | 3 | | "Managed care plan" means a plan that establishes, | 4 | | operates, or maintains a
network of health care providers that | 5 | | have entered into agreements with the
plan to provide health | 6 | | care services to enrollees where the plan has the
ultimate and | 7 | | direct contractual obligation to the enrollee to arrange for | 8 | | the
provision of or pay for services
through:
| 9 | | (1) organizational arrangements for ongoing quality | 10 | | assurance,
utilization review programs, or dispute | 11 | | resolution; or
| 12 | | (2) financial incentives for persons enrolled in the | 13 | | plan to use the
participating providers and procedures | 14 | | covered by the plan.
| 15 | | A managed care plan may be established or operated by any | 16 | | entity including
a licensed insurance company, hospital or | 17 | | medical service plan, health
maintenance organization, limited | 18 | | health service organization, preferred
provider organization, | 19 | | third party administrator, or an employer or employee
| 20 | | organization.
| 21 | | "Minimum necessary" means HIPAA's standard for using, | 22 | | disclosing, and requesting protected health information found | 23 | | in 45 CFR 164.502(b) and 164.514(d). | 24 | | "Nontherapeutic purpose" means a purpose that is not | 25 | | intended to improve or preserve the life or health of the | 26 | | individual whom the information concerns. |
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| 1 | | "Organized health care arrangement" has the meaning | 2 | | ascribed to it under HIPAA, as specified in 45 CFR 160.103. | 3 | | "Patient safety activities" has the meaning ascribed to it | 4 | | under 42 CFR 3.20. | 5 | | "Payment" has the meaning ascribed to it under HIPAA, as | 6 | | specified in 45 CFR 164.501. | 7 | | "Person" includes any natural person, partnership, | 8 | | association, joint venture, trust, governmental entity, public | 9 | | or private corporation, health facility, or other legal | 10 | | entity. | 11 | | "Protected health information" has the meaning ascribed to | 12 | | it under HIPAA, as specified in 45 CFR 164.103. | 13 | | "Research" has the meaning ascribed to it under HIPAA, as | 14 | | specified in 45 CFR 164.501. | 15 | | "State agency" means an instrumentality of the State of | 16 | | Illinois and any instrumentality of another state which | 17 | | pursuant to applicable law or a written undertaking with an | 18 | | instrumentality of the State of Illinois is bound to protect | 19 | | the privacy of genetic information of Illinois persons. | 20 | | "Treatment" has the meaning ascribed to it under HIPAA, as | 21 | | specified in 45 CFR 164.501. | 22 | | "Use" has the meaning ascribed to it under HIPAA, as | 23 | | specified in 45 CFR 160.103, where context dictates. | 24 | | (Source: P.A. 100-513, eff. 1-1-18; 101-132, eff. 1-1-20; | 25 | | 101-649, eff. 7-7-20.)
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| 1 | | Section 35. The Mental Health and Developmental | 2 | | Disabilities Confidentiality Act is amended by changing | 3 | | Sections 2, 9.5, 9.6, 9.8, 9.9, and 9.11 as follows:
| 4 | | (740 ILCS 110/2) (from Ch. 91 1/2, par. 802)
| 5 | | Sec. 2.
The terms used in this Act, unless the context | 6 | | requires otherwise,
have the meanings ascribed to them in this | 7 | | Section.
| 8 | | "Agent" means a person who has been legally appointed as | 9 | | an individual's
agent under a power of attorney for health | 10 | | care or for property.
| 11 | | "Business associate" has the meaning ascribed to it under | 12 | | HIPAA, as specified in 45 CFR 160.103. | 13 | | "Confidential communication" or "communication" means any | 14 | | communication
made by a recipient or other person to a | 15 | | therapist or to or in the presence of
other persons during or | 16 | | in connection with providing mental health or
developmental | 17 | | disability services to a recipient. Communication includes
| 18 | | information which indicates that a person is a recipient. | 19 | | "Communication" does not include information that has been | 20 | | de-identified in accordance with HIPAA, as specified in 45 CFR | 21 | | 164.514.
| 22 | | "Covered entity" has the meaning ascribed to it under | 23 | | HIPAA, as specified in 45 CFR 160.103. | 24 | | "Guardian" means a legally appointed guardian or | 25 | | conservator of the
person.
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| 1 | | "Health information exchange" or "HIE" means a health | 2 | | information exchange or health information organization that | 3 | | oversees and governs the electronic exchange of health | 4 | | information that (i) is established pursuant to the Illinois | 5 | | Health Information Exchange and Technology Act, or any | 6 | | subsequent amendments thereto, and any administrative rules | 7 | | promulgated thereunder; or
(ii) has established a data sharing | 8 | | arrangement with the Illinois Health Information Exchange; or
| 9 | | (iii) as of the effective date of this amendatory Act of the | 10 | | 98th General Assembly, was designated by the Illinois Health | 11 | | Information Exchange Office Board as a member of, or was | 12 | | represented on, the Office Board's Regional Health Information | 13 | | Exchange Workgroup; provided that such designation shall not | 14 | | require the establishment of a data sharing arrangement or | 15 | | other participation with the Illinois Health Information | 16 | | Exchange or the payment of any fee . | 17 | | "HIE purposes" means those uses and disclosures (as those | 18 | | terms are defined under HIPAA, as specified in 45 CFR 160.103) | 19 | | for activities of an HIE : (i) set forth in the Illinois Health | 20 | | Information Exchange and Technology Act or any subsequent | 21 | | amendments thereto and any administrative rules promulgated | 22 | | thereunder; or (ii) which are permitted under federal law. | 23 | | "HIPAA" means the Health Insurance Portability and | 24 | | Accountability Act of 1996, Public Law 104-191, and any | 25 | | subsequent amendments thereto and any regulations promulgated | 26 | | thereunder, including the Security Rule, as specified in 45 |
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| 1 | | CFR 164.302-18, and the Privacy Rule, as specified in 45 CFR | 2 | | 164.500-34. | 3 | | "Integrated health system" means an organization with a | 4 | | system of care which incorporates physical and behavioral | 5 | | healthcare and includes care delivered in an inpatient and | 6 | | outpatient setting. | 7 | | "Interdisciplinary team" means a group of persons | 8 | | representing different clinical disciplines, such as medicine, | 9 | | nursing, social work, and psychology, providing and | 10 | | coordinating the care and treatment for a recipient of mental | 11 | | health or developmental disability services. The group may be | 12 | | composed of individuals employed by one provider or multiple | 13 | | providers. | 14 | | "Mental health or developmental disabilities services" or | 15 | | "services"
includes but is not limited to examination, | 16 | | diagnosis, evaluation, treatment,
training, pharmaceuticals, | 17 | | aftercare, habilitation or rehabilitation.
| 18 | | "Personal notes" means:
| 19 | | (i) information disclosed to the therapist in | 20 | | confidence by
other persons on condition that such | 21 | | information would never be disclosed
to the recipient or | 22 | | other persons;
| 23 | | (ii) information disclosed to the therapist by the | 24 | | recipient
which would be injurious to the recipient's | 25 | | relationships to other persons, and
| 26 | | (iii) the therapist's speculations, impressions, |
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| 1 | | hunches, and reminders.
| 2 | | "Parent" means a parent or, in the absence of a parent or | 3 | | guardian,
a person in loco parentis.
| 4 | | "Recipient" means a person who is receiving or has | 5 | | received mental
health or developmental disabilities services.
| 6 | | "Record" means any record kept by a therapist or by an | 7 | | agency in the
course of providing mental health or | 8 | | developmental disabilities service
to a recipient concerning | 9 | | the recipient and the services provided.
"Records" includes | 10 | | all records maintained by a court that have been created
in | 11 | | connection with,
in preparation for, or as a result of the | 12 | | filing of any petition or certificate
under Chapter II, | 13 | | Chapter III, or Chapter IV
of the Mental Health and | 14 | | Developmental Disabilities Code and includes the
petitions, | 15 | | certificates, dispositional reports, treatment plans, and | 16 | | reports of
diagnostic evaluations and of hearings under | 17 | | Article VIII of Chapter III or under Article V of Chapter IV of | 18 | | that Code. Record
does not include the therapist's personal | 19 | | notes, if such notes are kept in
the therapist's sole | 20 | | possession for his own personal use and are not
disclosed to | 21 | | any other person, except the therapist's supervisor,
| 22 | | consulting therapist or attorney. If at any time such notes | 23 | | are disclosed,
they shall be considered part of the | 24 | | recipient's record for purposes of
this Act. "Record" does not | 25 | | include information that has been de-identified in accordance | 26 | | with HIPAA, as specified in 45 CFR 164.514. "Record" does not |
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| 1 | | include a reference to the receipt of mental health or | 2 | | developmental disabilities services noted during a patient | 3 | | history and physical or other summary of care.
| 4 | | "Record custodian" means a person responsible for | 5 | | maintaining a
recipient's record.
| 6 | | "Therapist" means a psychiatrist, physician, psychologist, | 7 | | social
worker, or nurse providing mental health or | 8 | | developmental disabilities services
or any other person not | 9 | | prohibited by law from providing such services or
from holding | 10 | | himself out as a therapist if the recipient reasonably | 11 | | believes
that such person is permitted to do so. Therapist | 12 | | includes any successor
of the therapist. | 13 | | "Therapeutic relationship" means the receipt by a | 14 | | recipient of mental health or developmental disabilities | 15 | | services from a therapist. "Therapeutic relationship" does not | 16 | | include independent evaluations for a purpose other than the | 17 | | provision of mental health or developmental disabilities | 18 | | services.
| 19 | | (Source: P.A. 101-649, eff. 7-7-20.)
| 20 | | (740 ILCS 110/9.5) | 21 | | Sec. 9.5. Use and disclosure of information to an HIE. | 22 | | (a) An HIE, person, therapist, facility, agency, | 23 | | interdisciplinary team, integrated health system, business | 24 | | associate, or covered entity may, without a recipient's | 25 | | consent, use or disclose information from a recipient's record |
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| 1 | | in connection with an HIE, including disclosure to the | 2 | | Illinois Health Information Exchange Office, an HIE, or the | 3 | | business associate of either. An HIE and its business | 4 | | associate may, without a recipient's consent, use or disclose | 5 | | and re-disclose such information for HIE purposes or for such | 6 | | other purposes as are specifically allowed under this Act. | 7 | | (b) As used in this Section: | 8 | | (1) "facility" means a developmental disability | 9 | | facility as defined in Section 1-107 of the Mental Health | 10 | | and Developmental Disabilities Code or a mental health | 11 | | facility as defined in Section 1-114 of the Mental Health | 12 | | and Developmental Disabilities Code; and | 13 | | (2) the terms "disclosure" and "use" have the meanings | 14 | | ascribed to them under HIPAA, as specified in 45 CFR | 15 | | 160.103.
| 16 | | (Source: P.A. 101-649, eff. 7-7-20.) | 17 | | (740 ILCS 110/9.6) | 18 | | Sec. 9.6. HIE opt-out. Participants of The Illinois Health | 19 | | Information Exchange Office shall, through appropriate rules, | 20 | | standards, or contractual obligations, which shall be binding | 21 | | upon any HIE, as defined under Section 2, shall allow require | 22 | | that participants of such HIE provide each recipient whose | 23 | | record is accessible through the health information exchange | 24 | | the reasonable opportunity to expressly decline the further | 25 | | disclosure of the record by the health information exchange to |
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| 1 | | third parties, except to the extent permitted by law such as | 2 | | for purposes of public health reporting. The HIE participants | 3 | | These rules, standards, or contractual obligations shall | 4 | | permit a recipient to revoke a prior decision to opt-out or a | 5 | | decision not to opt-out. These rules, standards, or | 6 | | contractual obligations shall provide for written notice of a | 7 | | recipient's right to opt-out which directs the recipient to a | 8 | | health information exchange website containing (i) an | 9 | | explanation of the purposes of the health information | 10 | | exchange; and (ii) audio, visual, and written instructions on | 11 | | how to opt-out of participation in whole or in part to the | 12 | | extent possible. The process for effectuating an opt-out These | 13 | | rules, standards, or contractual obligations shall be reviewed | 14 | | by the HIE participants annually and updated as the technical | 15 | | options develop. The recipient shall be provided meaningful | 16 | | disclosure regarding the health information exchange, and the | 17 | | recipient's decision whether to opt-out should be obtained | 18 | | without undue inducement or any element of force, fraud, | 19 | | deceit, duress, or other form of constraint or coercion. To | 20 | | the extent that HIPAA, as specified in 45 CFR 164.508(b)(4), | 21 | | prohibits a covered entity from conditioning the provision of | 22 | | its services upon an individual's provision of an | 23 | | authorization, an HIE participant shall not condition the | 24 | | provision of its services upon a recipient's decision to | 25 | | opt-out of further disclosure of the record by an HIE to third | 26 | | parties. The Illinois Health Information Exchange Office |
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| 1 | | shall, through appropriate rules, standards, or contractual | 2 | | obligations, which shall be binding upon any HIE, as defined | 3 | | under Section 2, give consideration to the format and content | 4 | | of the meaningful disclosure and the availability to | 5 | | recipients of information regarding an HIE and the rights of | 6 | | recipients under this Section to expressly decline the further | 7 | | disclosure of the record by an HIE to third parties. The HIE | 8 | | participants Illinois Health Information Exchange Office shall | 9 | | also give annual consideration to enable a recipient to | 10 | | expressly decline the further disclosure by an HIE to third | 11 | | parties of selected portions of the recipient's record while | 12 | | permitting disclosure of the recipient's remaining patient | 13 | | health information. In giving establishing rules, standards, | 14 | | or contractual obligations binding upon HIEs under this | 15 | | Section to give effect to recipient disclosure preferences, | 16 | | the HIE participants Illinois Health Information Exchange | 17 | | Office in its discretion may consider the extent to which | 18 | | relevant health information technologies reasonably available | 19 | | to therapists and HIEs in this State reasonably enable the | 20 | | effective segmentation of specific information within a | 21 | | recipient's electronic medical record and reasonably enable | 22 | | the effective exclusion of specific information from | 23 | | disclosure by an HIE to third parties, as well as the | 24 | | availability of sufficient authoritative clinical guidance to | 25 | | enable the practical application of such technologies to | 26 | | effect recipient disclosure preferences. The provisions of |
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| 1 | | this Section 9.6 shall not apply to the secure electronic | 2 | | transmission of data which is point-to-point communication | 3 | | directed by the data custodian. Any rules or standards | 4 | | promulgated under this Section which apply to HIEs shall be | 5 | | limited to that subject matter required by this Section and | 6 | | shall not include any requirement that an HIE enter a data | 7 | | sharing arrangement or otherwise participate with the Illinois | 8 | | Health Information Exchange. In connection with its annual | 9 | | consideration regarding the issue of segmentation of | 10 | | information within a medical record and prior to the adoption | 11 | | of any rules or standards regarding that issue, the Office | 12 | | Board shall consider information provided by affected persons | 13 | | or organizations regarding the feasibility, availability, | 14 | | cost, reliability, and interoperability of any technology or | 15 | | process under consideration by the Board. Nothing in this Act | 16 | | shall be construed to limit the authority of the Illinois | 17 | | Health Information Exchange Office to impose limits or | 18 | | conditions on consent for disclosures to or through any HIE, | 19 | | as defined under Section 2, which are more restrictive than | 20 | | the requirements under this Act or under HIPAA.
| 21 | | (Source: P.A. 101-649, eff. 7-7-20.) | 22 | | (740 ILCS 110/9.8) | 23 | | Sec. 9.8. Business associates. An HIE, person, therapist, | 24 | | facility, agency, interdisciplinary team, integrated health | 25 | | system, business associate, covered entity, the Illinois |
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| 1 | | Health Information Exchange Office, or entity facilitating the | 2 | | establishment or operation of an HIE may, without a | 3 | | recipient's consent, utilize the services of and disclose | 4 | | information from a recipient's record to a business associate, | 5 | | as defined by and in accordance with the requirements set | 6 | | forth under HIPAA. As used in this Section, the term | 7 | | "disclosure" has the meaning ascribed to it by HIPAA, as | 8 | | specified in 45 CFR 160.103.
| 9 | | (Source: P.A. 101-649, eff. 7-7-20.) | 10 | | (740 ILCS 110/9.9) | 11 | | Sec. 9.9. Record locator service. | 12 | | (a) An HIE, person, therapist, facility, agency, | 13 | | interdisciplinary team, integrated health system, business | 14 | | associate, covered entity, the Illinois Health Information | 15 | | Exchange Office, or entity facilitating the establishment or | 16 | | operation of an HIE may, without a recipient's consent, | 17 | | disclose the existence of a recipient's record to a record | 18 | | locator service, master patient index, or other directory or | 19 | | services necessary to support and enable the establishment and | 20 | | operation of an HIE. | 21 | | (b) As used in this Section: | 22 | | (1) the term "disclosure" has the meaning ascribed to | 23 | | it under HIPAA, as specified in 45 CFR 160.103; and | 24 | | (2) "facility" means a developmental disability | 25 | | facility as defined in Section 1-107 of the Mental Health |
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| 1 | | and Developmental Disabilities Code or a mental health | 2 | | facility as defined in Section 1-114 of the Mental Health | 3 | | and Developmental Disabilities Code.
| 4 | | (Source: P.A. 101-649, eff. 7-7-20.) | 5 | | (740 ILCS 110/9.11) | 6 | | Sec. 9.11. Establishment and disclosure of limited data | 7 | | sets and de-identified information. | 8 | | (a) An HIE, person, therapist, facility, agency, | 9 | | interdisciplinary team, integrated health system, business | 10 | | associate, covered entity, the Illinois Health Information | 11 | | Exchange Office, or entity facilitating the establishment or | 12 | | operation of an HIE may, without a recipient's consent, use | 13 | | information from a recipient's record to establish, or | 14 | | disclose such information to a business associate to | 15 | | establish, and further disclose information from a recipient's | 16 | | record as part of a limited data set as defined by and in | 17 | | accordance with the requirements set forth under HIPAA, as | 18 | | specified in 45 CFR 164.514(e). An HIE, person, therapist, | 19 | | facility, agency, interdisciplinary team, integrated health | 20 | | system, business associate, covered entity, the Illinois | 21 | | Health Information Exchange Office, or entity facilitating the | 22 | | establishment or operation of an HIE may, without a | 23 | | recipient's consent, use information from a recipient's record | 24 | | or disclose information from a recipient's record to a | 25 | | business associate to de-identity the information in |
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| 1 | | accordance with HIPAA, as specified in 45 CFR 164.514. | 2 | | (b) As used in this Section: | 3 | | (1) the terms "disclosure" and "use" shall have the | 4 | | meanings ascribed to them by HIPAA, as specified in 45 CFR | 5 | | 160.103; and | 6 | | (2) "facility" means a developmental disability | 7 | | facility as defined in Section 1-107 of the Mental Health | 8 | | and Developmental Disabilities Code or a mental health | 9 | | facility as defined in Section 1-114 of the Mental Health | 10 | | and Developmental Disabilities Code.
| 11 | | (Source: P.A. 101-649, eff. 7-7-20.)
| 12 | | Section 40. The Workers' Compensation Act is amended by | 13 | | changing Section 8.2a as follows: | 14 | | (820 ILCS 305/8.2a) | 15 | | Sec. 8.2a. Electronic claims. | 16 | | (a) The Director of Insurance shall adopt rules to do all | 17 | | of the following: | 18 | | (1) Ensure that all health care providers and | 19 | | facilities submit medical bills for payment on | 20 | | standardized forms. | 21 | | (2) Require acceptance by employers and insurers of | 22 | | electronic claims for payment of medical services. | 23 | | (3) Ensure confidentiality of medical information | 24 | | submitted on electronic claims for payment of medical |
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| 1 | | services. | 2 | | (4) Ensure that health care providers have an | 3 | | opportunity to comply with requests for records by | 4 | | employers and insurers for the authorization of the | 5 | | payment of workers' compensation claims. | 6 | | (5) Ensure that health care providers are responsible | 7 | | for supplying only those medical records pertaining to the | 8 | | provider's own claims that are minimally necessary under | 9 | | the federal Health Insurance Portability and | 10 | | Accountability Act of 1996. | 11 | | (6) Provide that any electronically submitted bill | 12 | | determined to be complete but not paid or objected to | 13 | | within 30 days shall be subject to interest pursuant to | 14 | | item (3) of subsection (d) of Section 8.2. | 15 | | (7) Provide that the Department of Insurance shall | 16 | | impose an administrative fine if it determines that an | 17 | | employer or insurer has failed to comply with the | 18 | | electronic claims acceptance and response process. The | 19 | | amount of the administrative fine shall be no greater than | 20 | | $1,000 per each violation, but shall not exceed $10,000 | 21 | | for identical violations during a calendar year. | 22 | | (b) To the extent feasible, standards adopted pursuant to | 23 | | subdivision (a) shall be consistent with existing standards | 24 | | under the federal Health Insurance Portability and | 25 | | Accountability Act of 1996 and standards adopted under the | 26 | | Illinois Health Information Exchange and Technology Act . |
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| 1 | | (c) The rules requiring employers and insurers to accept | 2 | | electronic claims for payment of medical services shall be | 3 | | proposed on or before January 1, 2012, and shall require all | 4 | | employers and insurers to accept electronic claims for payment | 5 | | of medical services on or before June 30, 2012. The Director of | 6 | | Insurance shall adopt rules by January 1, 2019 to implement | 7 | | the changes to this Section made by this amendatory Act of the | 8 | | 100th General Assembly. The Commission, with assistance from | 9 | | the Department and the Medical Fee Advisory Board, shall | 10 | | publish on its Internet website a companion guide to assist | 11 | | with compliance with electronic claims rules. The Medical Fee | 12 | | Advisory Board shall periodically review the companion guide. | 13 | | (d) The Director of Insurance shall by rule establish | 14 | | criteria for granting exceptions to employers, insurance | 15 | | carriers, and health care providers who are unable to submit | 16 | | or accept medical bills electronically.
| 17 | | (Source: P.A. 100-1117, eff. 11-27-18.) | 18 | | Section 99. Effective date. This Act takes effect July 1, | 19 | | 2023.
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INDEX
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Statutes amended in order of appearance
| | 3 | | 5 ILCS 140/7.5 | | | 4 | | 20 ILCS 2205/2205-40 new | | | 5 | | 20 ILCS 3860/997 | | | 6 | | 305 ILCS 5/12-4.48 | | | 7 | | 410 ILCS 50/3 | from Ch. 111 1/2, par. 5403 | | 8 | | 410 ILCS 305/3 | from Ch. 111 1/2, par. 7303 | | 9 | | 410 ILCS 513/10 | | | 10 | | 740 ILCS 110/2 | from Ch. 91 1/2, par. 802 | | 11 | | 740 ILCS 110/9.5 | | | 12 | | 740 ILCS 110/9.6 | | | 13 | | 740 ILCS 110/9.8 | | | 14 | | 740 ILCS 110/9.9 | | | 15 | | 740 ILCS 110/9.11 | | | 16 | | 820 ILCS 305/8.2a | |
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