Public Act 096-1331
Public Act 1331 96TH GENERAL ASSEMBLY
|Public Act 096-1331|
|HB6441 Enrolled||LRB096 21070 RPM 36920 b|
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Illinois Health Information Exchange and Technology Act.
Health information technology improves
the quality of patient care, increases the efficiency of health
care practices, improves safety, and reduces healthcare
errors. The State of Illinois has an interest in encouraging
the adoption of a health information system to improve the
safety, quality, and value of health care, to protect and keep
health information secure, and to use the health information
exchange system to advance and meet population health goals. To
ensure that the benefits of health information technology are
available to the consumers of Illinois and to encourage greater
patient participation in health care decisions, the State must
provide a framework for the exchange of health information and
encourage the widespread adoption of electronic health systems
and the use of electronic health records among health care
providers and patients. The creation of a State-level health
information exchange system will allow, among other benefits,
the widespread utilization of electronic health records by
health care providers and patients in order to ensure that
Illinois' health care providers can achieve the meaningful use
of electronic records, as defined by federal law, and
participate fully in the health information technology
incentives available from the federal government under the
Medicare and Medicaid programs.
Creation of the Health Information Exchange
There is hereby created the Illinois Health
Information Exchange Authority ("Authority"), which is hereby
constituted as an instrumentality and an administrative agency
of the State of Illinois.
As part of its program to promote, develop, and sustain
health information exchange at the State level, the Authority
shall do the following:
(1) Establish the Illinois Health Information Exchange
("ILHIE"), to promote and facilitate the sharing of health
information among health care providers within Illinois
and in other states. ILHIE shall be an entity operated by
the Authority to serve as a State-level electronic medical
records exchange providing for the transfer of health
information, medical records, and other health data in a
secure environment for the benefit of patient care, patient
safety, reduction of duplicate medical tests, reduction of
administrative costs, and any other benefits deemed
appropriate by the Authority.
(2) Foster the widespread adoption of electronic
health records and participation in the ILHIE.
Governance of the Illinois Health Information
(a) The Authority shall consist of and be governed by one
Executive Director and 8 directors who are hereby authorized to
carry out the provisions of this Act and to exercise the powers
conferred under this Act.
(b) The Executive Director and 8 directors shall be
appointed to 3-year staggered terms by the Governor with the
advice and consent of the Senate. Of the members first
appointed after the effective date of this Act, 3 shall be
appointed for a term of one year, 3 shall be appointed for a
term of 2 years, and 3 shall be appointed for a term of 3 years.
The Executive Director and directors may serve successive terms
and, in the event the term of the Executive Director or a
director expires, he or she shall serve in the expired term
until a new Executive Director or director is appointed and
qualified. Vacancies shall be filled for the unexpired term in
the same manner as original appointments. The Governor may
remove a director or the Executive Director for incompetency,
dereliction of duty, malfeasance, misfeasance, or nonfeasance
in office or any other good cause. The Executive Director shall
be compensated at an annual salary of 75% of the salary of the
(c) The Executive Director and directors shall be chosen
with due regard to broad geographic representation and shall be
representative of a broad spectrum of health care providers and
stakeholders, including representatives from any of the
following fields or groups: health care consumers, consumer
advocates, physicians, nurses, hospitals, federally qualified
health centers as defined in Section 1905(l)(2)(B) of the
Social Security Act and any subsequent amendments thereto,
health plans or third-party payors, employers, long-term care
providers, pharmacists, State and local public health
entities, outpatient diagnostic service providers, behavioral
health providers, home health agency organizations, health
professional schools in Illinois, health information
technology, or health information research.
(d) The directors of the Illinois Department of Healthcare
and Family Services, the Illinois Department of Public Health,
and the Illinois Department of Insurance and the Secretary of
the Illinois Department of Human Services, or their designees,
and a designee of the Office of the Governor, shall serve as
ex-officio members of the Authority.
(e) The Authority is authorized to conduct its business by
a majority of the appointed members. The Authority may adopt
bylaws in order to conduct meetings. The bylaws may permit the
Authority to meet by telecommunication or electronic
(f) The Authority shall appoint an Illinois Health
Information Exchange Authority Advisory Committee ("Advisory
Committee") with representation from any of the fields or
groups listed in subsection (c) of this Section. The purpose of
the Advisory Committee shall be to advise and provide
recommendations to the Authority regarding the ILHIE. The
Advisory Committee members shall serve 2-year terms. The
Authority may establish other advisory committees and
subcommittees to conduct the business of the Authority.
(g) Directors of the Authority, members of the Advisory
Committee, and any other advisory committee and subcommittee
members may be reimbursed for ordinary and contingent travel
and meeting expenses for their service at the rate approved for
State employee travel.
Powers and duties of the Illinois Health
Information Exchange Authority.
The Authority has the
following powers, together with all powers incidental or
necessary to accomplish the purposes of this Act:
(1) The Authority shall create and administer the ILHIE
using information systems and processes that are secure,
are cost effective, and meet all other relevant privacy and
security requirements under State and federal law.
(2) The Authority shall establish and adopt standards
and requirements for the use of health information and the
requirements for participation in the ILHIE by persons or
entities including, but not limited to, health care
providers, payors, and local health information exchanges.
(3) The Authority shall establish minimum standards
for accessing the ILHIE to ensure that the appropriate
security and privacy protections apply to health
information, consistent with applicable federal and State
standards and laws. The Authority shall have the power to
suspend, limit, or terminate the right to participate in
the ILHIE for non-compliance or failure to act, with
respect to applicable standards and laws, in the best
interests of patients, users of the ILHIE, or the public.
The Authority may seek all remedies allowed by law to
address any violation of the terms of participation in the
(4) The Authority shall identify barriers to the
adoption of electronic health records systems, including
researching the rates and patterns of dissemination and use
of electronic health record systems throughout the State.
The Authority shall make the results of the research
available on its website.
(5) The Authority shall prepare educational materials
and educate the general public on the benefits of
electronic health records, the ILHIE, and the safeguards
available to prevent unauthorized disclosure of health
(6) The Authority may appoint or designate an
institutional review board in accordance with federal and
State law to review and approve requests for research in
order to ensure compliance with standards and patient
privacy and security protections as specified in paragraph
(3) of this Section.
(7) The Authority may enter into all contracts and
agreements necessary or incidental to the performance of
its powers under this Act. The Authority's expenditures of
private funds are exempt from the Illinois Procurement
Code, pursuant to Section 1-10 of that Act. Notwithstanding
this exception, the Authority shall comply with the
Business Enterprise for Minorities, Females, and Persons
with Disabilities Act.
(8) The Authority may solicit and accept grants, loans,
contributions, or appropriations from any public or
private source and may expend those moneys, through
contracts, grants, loans, or agreements, on activities it
considers suitable to the performance of its duties under
(9) The Authority may determine, charge, and collect
any fees, charges, costs, and expenses from any healthcare
provider or entity in connection with its duties under this
Act. Moneys collected under this paragraph (9) shall be
deposited into the Health Information Exchange Fund.
(10) The Authority may, under the direction of the
Executive Director, employ and discharge staff, including
administrative, technical, expert, professional, and legal
staff, as is necessary or convenient to carry out the
purposes of this Act. The Authority may establish and
administer standards of classification regarding
compensation, benefits, duties, performance, and tenure
for that staff and may enter into contracts of employment
with members of that staff for such periods and on such
terms as the Authority deems desirable. All employees of
the Authority are exempt from the Personnel Code as
provided by Section 4 of the Personnel Code.
(11) The Authority shall consult and coordinate with
the Department of Public Health to further the Authority's
collection of health information from health care
providers for public health purposes. The collection of
public health information shall include identifiable
information for use by the Authority or other State
agencies to comply with State and federal laws. Any
identifiable information so collected shall be privileged
and confidential in accordance with Sections 8-2101,
8-2102, 8-2103, 8-2104, and 8-2105 of the Code of Civil
(12) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange, shall be
exempt from inspection and copying under the Freedom of
Information Act. The terms "identified" and "deidentified"
shall be given the same meaning as in the Health Insurance
Accountability and Portability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(13) To address gaps in the adoption of, workforce
preparation for, and exchange of electronic health records
that result in regional and socioeconomic disparities in
the delivery of care, the Authority may evaluate such gaps
and provide resources as available, giving priority to
healthcare providers serving a significant percentage of
Medicaid or uninsured patients and in medically
underserved or rural areas.
Health Information Exchange Fund.
(a) The Health Information Exchange Fund (the "Fund") is
created as a separate fund outside the State treasury. Moneys
in the Fund are not subject to appropriation by the General
Assembly. The State Treasurer shall be ex-officio custodian of
the Fund. Revenues arising from the operation and
administration of the Authority and the ILHIE shall be
deposited into the Fund. Fees, charges, State and federal
moneys, grants, donations, gifts, interest, or other moneys
shall be deposited into the Fund. "Private funds" means gifts,
donations, and private grants.
(b) The Authority is authorized to spend moneys in the Fund
on activities suitable to the performance of its duties as
provided in Section 20 of this Act and authorized by this Act.
Disbursements may be made from the Fund for purposes related to
the operations and functions of the Authority and the ILHIE.
(c) The Illinois General Assembly may appropriate moneys to
the Authority and the ILHIE, and those moneys shall be
deposited into the Fund.
(d) The Fund is not subject to administrative charges or
charge-backs, including but not limited to those authorized
under Section 8h of the State Finance Act.
(e) The Authority's accounts and books shall be set up and
maintained in accordance with the Office of the Comptroller's
requirements, and the Authority's Executive Director shall be
responsible for the approval of recording of receipts, approval
of payments, and proper filing of required reports. The moneys
held and made available by the Authority shall be subject to
financial and compliance audits by the Auditor General in
compliance with the Illinois State Auditing Act.
Participation in health information systems
maintained by State agencies.
(a) By no later than January 1, 2015, each State agency
that implements, acquires, or upgrades health information
technology systems shall use health information technology
systems and products that meet minimum standards adopted by the
Authority for accessing the ILHIE. State agencies that have
health information which supports and develops the ILHIE shall
provide access to patient-specific data to complete the patient
record at the ILHIE. Notwithstanding any other provision of
State law, the State agencies shall provide patient-specific
data to the ILHIE.
(b) Participation in the ILHIE shall have no impact on the
content of or use or disclosure of health information of
patient participants that is held in locations other than the
ILHIE. Nothing in this Act shall limit or change an entity's
obligation to exchange health information in accordance with
applicable federal and State laws and standards.
Illinois Administrative Procedure Act.
provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative
rules and procedures of the Authority, except that Section 5-35
of the Illinois Administrative Procedure Act relating to
procedures for rulemaking does not apply to the adoption of any
rule required by federal law when the Authority is precluded by
that law from exercising any discretion regarding that rule.
Reliance on data.
Any health care provider who
relies in good faith upon any information provided through the
ILHIE in his, her, or its treatment of a patient shall be
immune from criminal or civil liability arising from any
damages caused by such good faith reliance. This immunity does
not apply to acts or omissions constituting gross negligence or
reckless, wanton, or intentional misconduct. Notwithstanding
this provision, the Authority does not waive any immunities
provided under State or federal law.
The Regulatory Sunset Act is amended by adding
Section 4.31 as follows:
(5 ILCS 80/4.31 new)
Act repealed on January 1, 2021.
Act is repealed on January 1, 2021:
The Illinois Health Information Exchange and Technology
The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential under
Section 4002 of the Technology Advancement and Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library Records
(c) Applications, related documents, and medical records
received by the Experimental Organ Transplantation Procedures
Board and any and all documents or other records prepared by
the Experimental Organ Transplantation Procedures Board or its
staff relating to applications it has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating to
known or suspected cases of sexually transmissible disease or
any information the disclosure of which is restricted under the
Illinois Sexually Transmissible Disease Control Act.
(e) Information the disclosure of which is exempted under
Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act.
(g) Information the disclosure of which is restricted and
exempted under Section 50 of the Illinois Prepaid Tuition Act.
(h) Information the disclosure of which is exempted under
the State Officials and Employees Ethics Act, and records of
any lawfully created State or local inspector general's office
that would be exempt if created or obtained by an Executive
Inspector General's office under that Act.
(i) Information contained in a local emergency energy plan
submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under Section
11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution of
surcharge moneys collected and remitted by wireless carriers
under the Wireless Emergency Telephone Safety Act.
(k) Law enforcement officer identification information or
driver identification information compiled by a law
enforcement agency or the Department of Transportation under
Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death review
team or the Executive Council under the Abuse Prevention Review
(m) Information provided to the predatory lending database
created pursuant to Article 3 of the Residential Real Property
Disclosure Act, except to the extent authorized under that
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial counsel as
provided under Sections 10 and 15 of the Capital Crimes
Litigation Act. This subsection (n) shall apply until the
conclusion of the trial of the case, even if the prosecution
chooses not to pursue the death penalty prior to trial or
(o) Information that is prohibited from being disclosed
under Section 4 of the Illinois Health and Hazardous Substances
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act or the St. Clair County
Transit District under the Bi-State Transit Safety Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted under
Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information in
the form of health data or medical records contained in, stored
in, submitted to, transferred by, or released from the Illinois
Health Information Exchange, and identified or deidentified
health information in the form of health data and medical
records of the Illinois Health Information Exchange in the
possession of the Illinois Health Information Exchange
Authority due to its administration of the Illinois Health
Information Exchange. The terms "identified" and
"deidentified" shall be given the same meaning as in the Health
Insurance Accountability and Portability Act of 1996, Public
Law 104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(Source: P.A. 96-542, eff. 1-1-10.)
The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
(a) This Code applies only to procurements for which
contractors were first
solicited on or after July 1, 1998. This
Code shall not be construed to affect
or impair any contract,
or any provision of a contract, entered into based on a
solicitation prior to the implementation date of this Code as
Article 99, including but not limited to any
covenant entered into with respect
to any revenue bonds or
All procurements for which contracts are
solicited between the effective date
of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which
the contracts are paid, including federal
This Code shall
not apply to:
(1) Contracts between the State and its political
subdivisions or other
governments, or between State
governmental bodies except as specifically
(2) Grants, except for the filing requirements of
(3) Purchase of care.
(4) Hiring of an individual as employee and not as an
contractor, whether pursuant to an employment
code or policy or by contract
directly with that
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of this
type of contract with a value of more than $25,000 must be
published in the Procurement Bulletin within 7 days after
the deed is recorded in the county of jurisdiction. The
notice shall identify the real estate purchased, the names
of all parties to the contract, the value of the contract,
and the effective date of the contract.
(7) Contracts necessary to prepare for anticipated
actions, or investigations,
that the chief legal counsel to the Governor shall
give his or her prior
approval when the procuring agency is
one subject to the jurisdiction of the
provided that the chief legal counsel of any other
subject to this Code shall give his or her
prior approval when the procuring
entity is not one subject
to the jurisdiction of the Governor.
(8) Contracts for
services to Northern Illinois
University by a person, acting as
contractor, who is qualified by education, experience, and
technical ability and is selected by negotiation for the
purpose of providing
non-credit educational service
activities or products by means of specialized
offered by the university.
(9) Procurement expenditures by the Illinois
when only private funds are used.
(10) Procurement expenditures by the Illinois Health
Information Exchange Authority involving private funds
from the Health Information Exchange Fund. "Private funds"
means gifts, donations, and private grants.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(Source: P.A. 95-481, eff. 8-28-07; 95-615, eff. 9-11-07;
95-876, eff. 8-21-08; 96-840, eff. 12-23-09.)
If any provision of this Act or
application thereof to any person or circumstance is held
invalid, such invalidity does not affect other provisions or
applications of this Act which can be given effect without the
invalid application or provision, and to this end the
provisions of this Act are declared to be severable.
This Act takes effect upon
Effective Date: 7/27/2010