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Public Act 096-1331


 

Public Act 1331 96TH GENERAL ASSEMBLY



 


 
Public Act 096-1331
 
HB6441 EnrolledLRB096 21070 RPM 36920 b

    AN ACT concerning 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
Illinois Health Information Exchange and Technology Act.
 
    Section 5. Purpose. 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.
 
    Section 10. Creation of the Health Information Exchange
Authority. 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.
 
    Section 15. Governance of the Illinois Health Information
Exchange Authority.
    (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
Governor.
    (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
communication.
    (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.
 
    Section 20. 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
    ILHIE.
        (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
    information.
        (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
    this Act.
        (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
    Procedure.
        (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.
 
    Section 25. 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.
 
    Section 30. 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.
 
    Section 35. Illinois Administrative Procedure Act. The
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.
 
    Section 40. 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.
 
    Section 900. The Regulatory Sunset Act is amended by adding
Section 4.31 as follows:
 
    (5 ILCS 80/4.31 new)
    Sec. 4.31. Act repealed on January 1, 2021. The following
Act is repealed on January 1, 2021:
    The Illinois Health Information Exchange and Technology
Act.
 
    Section 905. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
 
    (5 ILCS 140/7.5)
    Sec. 7.5. Statutory Exemptions. 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
Confidentiality Act.
    (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
Team Act.
    (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
Article.
    (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
sentencing.
    (o) Information that is prohibited from being disclosed
under Section 4 of the Illinois Health and Hazardous Substances
Registry Act.
    (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.)
 
    Section 910. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
 
    (30 ILCS 500/1-10)
    Sec. 1-10. Application.
    (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
described in Article 99, including but not limited to any
covenant entered into with respect to any revenue bonds or
similar instruments. 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 with this
Code and its intent.
    (b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. 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 provided in
    this Code.
        (2) Grants, except for the filing requirements of
    Section 20-80.
        (3) Purchase of care.
        (4) Hiring of an individual as employee and not as an
    independent contractor, whether pursuant to an employment
    code or policy or by contract directly with that
    individual.
        (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
    litigation, enforcement actions, or investigations,
    provided 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 Governor, and
    provided that the chief legal counsel of any other
    procuring entity 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 an independent
    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 programs
    offered by the university.
        (9) Procurement expenditures by the Illinois
    Conservation Foundation 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
Utilities Act.
    (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.)
 
    Section 995. Severability. 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.
 
    Section 999. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/27/2010