HB6921 93RD GENERAL ASSEMBLY

LRB093 18313 JAM 44019 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6921

Introduced 2/9/2004, by Elizabeth Coulson

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 805/8.28 new

Creates the Disease and Symptom Complex Surveillance and Reporting Act. Requires the Department of Public Health to develop a statewide system for reporting data on disease symptoms and symptom complexes. Provides for confidentiality of information and immunity from liability for reporting entities. Makes violation of the Act a Class A misdemeanor and authorizes administrative penalties. Preempts home rule. Amends the State Mandates Act to exempt from reimbursement. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY	FISCAL NOTE ACT MAY APPLY	HOME RULE NOTE ACT MAY APPLY
	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning public health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Disease and Symptom Complex Surveillance and Reporting Act.

Section 5. Legislative findings and purpose.

(a) The General Assembly finds that: (i) protection of the public health and welfare of the citizens of Illinois requires immediate access by State government to information regarding outbreaks of disease symptoms and other medical symptom complexes; (ii) although systems exist within State government to access and maintain databases as to certain medical symptoms, these existing systems are not designed to furnish the immediately available integrated statewide surveillance and data access needed to promptly address unusual occurrences of disease symptoms and other medical symptom complexes; (iii) it is the obligation of State government to protect the citizens of the State of Illinois by developing such an immediately accessible, comprehensive, and integrated data surveillance and collection system regarding outbreaks of disease symptoms and other medical symptom complexes.

(b) The purpose of this Act is to establish a comprehensive, integrated statewide data surveillance and collection system, through electronic and other appropriate means, that contains immediately accessible, comprehensive, and integrated data regarding disease symptoms and other medical symptom complexes; provided, however, that such system shall contain stringent confidentiality and privacy protections for individually identifiable health information.

Section 10. Definitions. For purposes of this Act, unless the context requires otherwise:

"Communicable Diseases Code" means the Illinois Control of Communicable Diseases Code.

"Department" means the Illinois Department of Public Health.

"Director" means the Director of Public Health.

"Disease symptoms" means medical symptoms of communicable or non-communicable diseases, and, for purposes of communicable diseases, includes without limitation those diseases reportable under the Illinois Control of Communicable Diseases Code.

"Individually identifiable health information" means information collected pursuant to this Act that relates to the past, present, or future physical or mental health or condition of an individual or that relates to the provision of health care to an individual, such that the information identifies the individual or there is reasonable basis to believe the information can be used to identify the individual.

"Medical symptom complex" means symptoms or symptom clusters for other than disease, including without limitation those required to be reported under the Illinois Health and Hazardous Substances Registry Act.

Section 15. Data system. The Department, in order to prevent and control disease, injury, or disability among citizens of the State of Illinois, shall establish a statewide system of uninterrupted access to surveillance, interoperable networks, information exchange, and data protocols, a comprehensive system of reporting to State government, and immediate access to medical data, treatment guidelines and health alerts, for disease symptoms and medical symptom complexes. This system shall use electronic and other appropriate means of communication. Individually identifiable health information accessed through this system shall be subject to, and protected by, the confidentiality and privacy provisions set forth in Section 30.

Section 20. Emergency medical investigations. When the Director determines that morbidity or mortality from a particular set of disease symptoms or a medical symptom complex warrants study to protect and control disease, injury, or disability among citizens of the State of Illinois, the Director may declare the disease symptoms or medical symptom complex to be the subject of an emergency medical investigation, and require the persons and entities identified in Section 25 to submit or make available such information, medical records, data, and reports as are necessary for the purpose of the study. Individually identifiable health information furnished pursuant to this Section shall be subject to, and protected by, the confidentiality and privacy protections set forth in Section 30. Nothing in this Act shall be construed to compel any individual to submit to a medical examination or medical supervision.

Section 25. Required participation. The following persons and entities must participate in the surveillance and reporting system described in Section 15 and the emergency medical investigations described in Section 20, in accordance with the provisions of this Act and the rules promulgated by the Department:

(1) Physicians and physician group practices.

(2) Nurses.

(3) Nurse aides.

(4) Dentists.

(5) Health care practitioners.

(6) Hospitals and hospital personnel.

(7) Health insurance entities.

(8) Laboratories and laboratory personnel.

(9) Long-term care facilities and personnel.

(10) Community health centers, rural health clinics, and public health clinics.

(11) Local health departments.

(12) State-operated health facilities.

(13) School personnel.

(14) Day care personnel.

(15) Pharmacies and pharmacy personnel.

(16) Coroners and medical examiners.

(17) Emergency medical technicians and other first responders.

Section 30. Confidentiality of information obtained. All reports made pursuant to the provisions of this Act shall be strictly confidential, including the identity of the individual who is the subject of the report and the identity of the author of such report, and shall be used only for public health purposes. The Department shall not release any data or information obtained pursuant to this Act to any individuals or entities for purposes other than protection of the public health, unless the data or information can be de-identified such that there is no reasonable basis to believe the data or information that is released could be used to identify an individual through such means as automated record linking technology, data analysis and exchange, or any other similar methods. The Department shall by rule or regulation establish standards or guidelines for ensuring the protection of information made confidential or privileged under law. The privacy protections enumerated in this Section and the rules promulgated thereunder shall be in addition to the privacy and confidentiality provisions contained in the Communicable Disease Report Act, the Control of Communicable Diseases Code, and the Illinois Health and Hazardous Substances Registry Act.

Section 35. Admissibility as evidence. Individually identifiable health information obtained by the Department pursuant to the provisions of this Act and the regulations promulgated under this Act shall not be admissible as evidence, nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or person. The identity of the individual or entity who makes a report to the Department pursuant to this Act shall be confidential and shall not be admissible as evidence, nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or person. The disclosure of any such information or data, whether proper or improper, shall not waive or have any effect upon its confidentiality, nondiscoverability, or nonadmissibility. The inadmissibility of information as evidence as described by this Section shall be in addition to the similar inadmissibility provisions contained in the Communicable Disease Report Act, the Control of Communicable Diseases Code, and the Illinois Health and Hazardous Substances Registry Act.

Section 40. Promulgation of rules. The Department shall adopt any rules necessary to ensure proper implementation and administration of this Act. Those rules shall include provisions for the imposition of fines and other appropriate civil remedies upon violation of this Act or the rules.

Section 45. Act takes precedence. In case of any conflict between the provisions of this Act and any other law, executive order, or administrative regulation, the provisions of this Act shall prevail and control.

Section 50. Penalties. Any person who violates this Act shall be guilty of a Class A misdemeanor and shall be fined a sum not less than $1,000 per violation. Each day's violation constitutes a separate offense. The State's Attorney of the county in which the violation occurred, or the Attorney General, shall bring such actions in the name of the People of the State of Illinois, and may, in addition to other remedies provided in this Act, bring action for an injunction to restrain such violation. Any person who violates any rule or regulation adopted by the Department, or who violates any determination or order of the Department thereunder, shall be subject to fines of up to $10,000 per violation and other appropriate civil penalties as determined by the Department through issuance of rules.

Section 55. Limited liability. The persons and entities listed in items (1) through (17) of Section 25, who in good faith report information described in Section 15 or participate in an emergency medical investigation described in Section 5, shall be immune from civil liability in connection with such reporting or participation. The identity of any individual who makes a report or who is identified in a report shall be confidential and the identity of any person making a report or named therein shall not be disclosed publicly or in any action of any kind in any court or before any tribunal, board, or agency. Nothing in this Act shall exonerate the persons and entities listed in items (1) through (17) of Section 20 from liability for injury caused by willful or wanton misconduct.

Section 60. Severability. If any provision or clause of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

Section 65. Exclusive jurisdiction. It is declared to be the law of this State that the regulation of disease symptoms and symptom complexes as described in this Act is an exercise of exclusive State power which may not be exercised concurrently by any unit of local government, including home rule units.

Section 90. The State Mandates Act is amended by adding Section 8.28 as follows:

(30 ILCS 805/8.28 new)

Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 93rd General Assembly.

Section 999. Effective date. This Act takes effect upon becoming law.