Full Text of HB6921 93rd General Assembly
HB6921 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6921
Introduced 2/9/2004, by Elizabeth Coulson SYNOPSIS AS INTRODUCED: |
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New Act |
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30 ILCS 805/8.28 new |
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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.
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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
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A BILL FOR
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HB6921 |
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LRB093 18313 JAM 44019 b |
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| AN ACT concerning public health.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Disease and Symptom
Complex
Surveillance and Reporting Act.
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| Section 5. Legislative findings and purpose.
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| (a) The General Assembly finds that: (i) protection of the | 8 |
| public health and
welfare of the
citizens of Illinois requires | 9 |
| immediate access by State government to
information regarding
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| outbreaks of disease symptoms and other medical symptom | 11 |
| complexes; (ii)
although systems exist
within State government | 12 |
| to access and maintain databases as to certain medical
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| symptoms, these
existing systems are not designed to furnish | 14 |
| the immediately available
integrated statewide
surveillance | 15 |
| and data access needed to promptly address unusual occurrences | 16 |
| of
disease symptoms
and other medical symptom complexes; (iii) | 17 |
| it is the obligation of State
government to protect the
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| citizens of the State of Illinois by developing such an | 19 |
| immediately accessible,
comprehensive, and
integrated data | 20 |
| surveillance and collection system regarding outbreaks of
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| disease symptoms and
other medical symptom complexes.
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| (b) The purpose of this Act is to establish a | 23 |
| comprehensive,
integrated statewide data surveillance and | 24 |
| collection system, through
electronic
and other appropriate
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| means, that contains immediately accessible, comprehensive, | 26 |
| and integrated data
regarding disease
symptoms and other | 27 |
| medical symptom complexes; provided, however, that such
system | 28 |
| shall contain
stringent confidentiality and privacy | 29 |
| protections for individually identifiable
health information.
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| Section 10. Definitions. For purposes of this Act, unless | 31 |
| the context
requires
otherwise:
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| "Communicable Diseases Code" means the Illinois Control of | 2 |
| Communicable
Diseases Code.
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| "Department" means the Illinois Department of
Public | 4 |
| Health.
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| "Director" means the Director of Public
Health.
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| "Disease symptoms"
means medical symptoms of communicable | 7 |
| or non-communicable diseases, and, for
purposes of
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| communicable diseases, includes without limitation those | 9 |
| diseases reportable
under the Illinois
Control of Communicable | 10 |
| Diseases Code.
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| "Individually identifiable health
information" means
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| information collected pursuant to this Act that relates to the | 13 |
| past, present,
or future physical or
mental health or condition | 14 |
| of an individual or that relates to the provision of
health | 15 |
| care to an
individual, such that the information identifies the | 16 |
| individual or there is
reasonable basis to believe
the | 17 |
| information can be used to identify the individual.
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| "Medical symptom complex" means
symptoms or symptom | 19 |
| clusters for other than disease, including without
limitation | 20 |
| those required to
be reported under the Illinois Health and | 21 |
| Hazardous Substances Registry Act.
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| Section 15. Data system. The Department, in order to | 23 |
| prevent and control
disease, injury, or
disability among | 24 |
| citizens of the State of Illinois, shall establish a statewide
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| system of uninterrupted
access to surveillance, interoperable | 26 |
| networks, information exchange, and data
protocols, a
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| comprehensive system of reporting to State government, and | 28 |
| immediate access to
medical data,
treatment guidelines and | 29 |
| health alerts, for disease symptoms and medical
symptom | 30 |
| complexes.
This system shall use electronic and other | 31 |
| appropriate means of communication.
Individually
identifiable | 32 |
| health information accessed through this system shall be | 33 |
| subject
to, and protected by,
the confidentiality and privacy | 34 |
| provisions set forth in Section 30.
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| Section 20. Emergency medical investigations. When the | 2 |
| Director determines
that morbidity
or mortality from a | 3 |
| particular set of disease symptoms or a medical symptom
complex | 4 |
| warrants
study to protect and control disease, injury, or | 5 |
| disability among citizens of
the State of Illinois, the
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| Director may declare the disease symptoms or medical symptom | 7 |
| complex to be the
subject of an
emergency medical | 8 |
| investigation, and require the persons and entities
identified | 9 |
| in Section 25 to
submit or make available such information, | 10 |
| medical records, data, and reports
as
are necessary for the
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| purpose of the study. Individually identifiable health | 12 |
| information furnished
pursuant to this Section
shall be subject | 13 |
| to, and protected by, the confidentiality and privacy
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| protections set forth in Section 30.
Nothing in this Act shall | 15 |
| be construed to compel any individual to submit to a
medical | 16 |
| examination
or medical supervision.
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| Section 25. Required participation. The following persons | 18 |
| and entities must
participate in the
surveillance and reporting | 19 |
| system described in Section 15 and the emergency
medical | 20 |
| investigations
described in Section 20, in accordance with the | 21 |
| provisions of this Act and the
rules promulgated by
the | 22 |
| Department:
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| (1) Physicians and physician group practices.
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| (2) Nurses.
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| (3) Nurse aides.
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| (4) Dentists.
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| (5) Health care practitioners.
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| (6) Hospitals and hospital personnel.
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| (7) Health insurance entities.
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| (8) Laboratories and laboratory personnel.
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| (9) Long-term care facilities and personnel.
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| (10) Community health centers, rural health clinics, and | 33 |
| public health
clinics.
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| (11) Local health departments.
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| (12) State-operated health facilities.
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| (13) School personnel.
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| (14) Day care personnel.
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| (15) Pharmacies and pharmacy personnel.
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| (16) Coroners and medical examiners.
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| (17) Emergency medical technicians and other first | 6 |
| responders.
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| Section 30. Confidentiality of information obtained. All | 8 |
| reports made
pursuant to the
provisions of this Act shall be | 9 |
| strictly confidential, including the identity
of the | 10 |
| individual who is
the subject of the report and the identity of | 11 |
| the author of such report, and
shall be used only for
public | 12 |
| health purposes. The Department shall not release any data or | 13 |
| information obtained
pursuant to this Act to any individuals or | 14 |
| entities for purposes other than protection of the public
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| health, unless the data or information can be de-identified | 16 |
| such that there is no reasonable basis
to believe the data or | 17 |
| information that is released could be used to identify an | 18 |
| individual through
such means as automated record linking | 19 |
| technology, data analysis and exchange, or any other
similar | 20 |
| methods. The Department shall by rule or regulation establish | 21 |
| standards or guidelines for
ensuring the protection of | 22 |
| information made confidential or privileged under law. The | 23 |
| privacy
protections enumerated in this Section and the rules | 24 |
| promulgated thereunder shall be in addition
to the privacy and | 25 |
| confidentiality provisions contained in the Communicable | 26 |
| Disease Report Act,
the Control of Communicable Diseases Code, | 27 |
| and the Illinois Health and
Hazardous Substances
Registry Act.
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| Section 35. Admissibility as evidence. Individually | 29 |
| identifiable health
information
obtained by the Department | 30 |
| pursuant to the provisions of this Act and the
regulations
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| promulgated under this Act shall not be admissible as evidence, | 32 |
| nor
discoverable in any action of
any kind in any court or | 33 |
| before any tribunal, board, agency, or person. The
identity of | 34 |
| the
individual or entity who makes a report to the Department |
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| pursuant to this Act
shall be
confidential and shall not be | 2 |
| admissible as evidence, nor discoverable in any
action of any | 3 |
| kind
in any court or before any tribunal, board, agency, or | 4 |
| person. The disclosure
of any such
information or data, whether | 5 |
| proper or improper, shall not waive or have any
effect upon its
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| confidentiality, nondiscoverability, or nonadmissibility. The | 7 |
| inadmissibility
of information as
evidence as described by this | 8 |
| Section shall be in addition to the similar
inadmissibility
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| provisions contained in the Communicable Disease Report Act, | 10 |
| the Control of
Communicable
Diseases Code, and the Illinois | 11 |
| Health and Hazardous Substances Registry Act.
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| Section 40. Promulgation of rules. The Department shall | 13 |
| adopt any rules
necessary to
ensure proper implementation and | 14 |
| administration of this Act.
Those rules shall include | 15 |
| provisions for the imposition of fines and other
appropriate | 16 |
| civil remedies upon violation of this Act or the rules.
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| Section 45. Act takes precedence. In case of any conflict | 18 |
| between the
provisions of this
Act and any other law, executive | 19 |
| order, or administrative regulation, the
provisions of this Act
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| shall prevail and control.
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| Section 50. Penalties. Any person who violates this Act
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| shall be guilty of a Class A misdemeanor and shall be fined a | 23 |
| sum not less than
$1,000 per violation. Each
day's violation | 24 |
| constitutes a separate offense. The State's Attorney of the
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| county in which the
violation occurred, or the Attorney | 26 |
| General, shall bring such actions in the
name of the People of
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| the State of Illinois, and may, in addition to other remedies | 28 |
| provided in this
Act, bring action for
an injunction to | 29 |
| restrain such violation.
Any person who violates any rule or | 30 |
| regulation adopted by the Department, or
who violates any | 31 |
| determination or order of the Department thereunder, shall be
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| subject to fines of up to $10,000 per violation and other | 33 |
| appropriate civil
penalties as determined by the Department |
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| through issuance of rules.
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| Section 55. Limited liability. The persons and entities | 3 |
| listed in items (1)
through (17) of Section 25, who in
good | 4 |
| faith report information described in Section 15 or participate | 5 |
| in an
emergency medical
investigation described in Section 5, | 6 |
| shall be immune from civil liability in
connection with such
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| reporting or participation. The identity of any individual who | 8 |
| makes a report
or who is identified
in a report shall be | 9 |
| confidential and the identity of any person making a
report or | 10 |
| named therein
shall not be disclosed publicly or in any action | 11 |
| of any kind in any court or
before any tribunal,
board, or | 12 |
| agency.
Nothing in this Act shall exonerate the persons and | 13 |
| entities listed in items
(1) through (17) of Section 20
from | 14 |
| liability for injury caused by willful or wanton misconduct.
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| Section 60. Severability. If any provision or clause of | 16 |
| this Act or the
application thereof
to any person or | 17 |
| circumstances is held invalid, such invalidity shall not
affect | 18 |
| other provisions or
applications of the Act which can be given | 19 |
| effect without the invalid provision
or application,
and to | 20 |
| this end the provisions of this Act are declared to be | 21 |
| severable.
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| Section 65. Exclusive jurisdiction. It is declared to be | 23 |
| the law of this
State
that the
regulation of disease symptoms | 24 |
| and symptom complexes as described in this Act
is an exercise
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| of exclusive State power which may not be exercised | 26 |
| concurrently by any unit of
local
government, including home | 27 |
| rule units.
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| Section 90. The State Mandates Act is amended by adding | 29 |
| Section 8.28 as
follows:
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| (30 ILCS 805/8.28 new)
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| Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 |
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| of this
Act, no reimbursement by the State is required for the | 2 |
| implementation of
any mandate created by this amendatory Act of | 3 |
| the 93rd General Assembly.
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| Section 999. Effective date. This Act takes effect upon | 5 |
| becoming law. |
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