Full Text of HB1254 95th General Assembly
HB1254ham001 95TH GENERAL ASSEMBLY
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State Government Administration Committee
Filed: 3/1/2007
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| AMENDMENT TO HOUSE BILL 1254
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| AMENDMENT NO. ______. Amend House Bill 1254 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Illinois Health Information Network Act. | 6 |
| Section 5. Establishment of the Illinois Health | 7 |
| Information Network.
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| (a) In order to advance the effective implementation and | 9 |
| use of electronic health records through public-private | 10 |
| partnerships, the Illinois Department of Public Health shall | 11 |
| establish a not-for-profit corporation, by November 1, 2007, | 12 |
| under the General Not For Profit Corporation Act of 1986 that | 13 |
| shall be known as the Illinois Health Information Network, or | 14 |
| ILHIN. | 15 |
| (b) The primary mission of ILHIN shall be the following: | 16 |
| (1) To establish a state-level health information |
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| exchange to facilitate the sharing of health information | 2 |
| among health care providers within Illinois and beyond in | 3 |
| other states; and | 4 |
| (2) To foster the widespread adoption of electronic | 5 |
| health records, personal health records, and health | 6 |
| information exchange by health care providers and the | 7 |
| general public. | 8 |
| (c) ILHIN shall be governed by a board of directors as | 9 |
| specified in Section 15 of this Act, with the rights, titles, | 10 |
| powers, privileges, and obligations provided for in the General | 11 |
| Not For Profit Corporation Act of 1986. | 12 |
| (d) Subject to the availability of public or private funds, | 13 |
| the board of directors may employ an executive director, other | 14 |
| staff, or independent contractors necessary to perform its | 15 |
| duties as specified in Section 10 and to fix their | 16 |
| compensation, benefits, terms, and conditions of their | 17 |
| employment.
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| Section 10. Powers and duties of the Illinois Health | 19 |
| Information Network.
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| (a) ILHIN shall plan for the creation of a state-level | 21 |
| health information exchange using a federated model wherein | 22 |
| patient electronic health records are stored, maintained, and | 23 |
| updated by the treating health care provider, but access to key | 24 |
| health data is provided to other providers of the patient, with | 25 |
| patient consent if the patient is able to give consent, through |
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| secure interoperable record locator technology; provided that | 2 |
| ILHIN may develop alternative or additional approaches to | 3 |
| health information exchange to respond to advances in | 4 |
| technology or the experiences of other states. To the extent | 5 |
| possible, technical specifications and technology adopted by | 6 |
| ILHIN for the state-level health information exchange shall | 7 |
| have been tested in another state or states. | 8 |
| (b) ILHIN shall establish minimum standards for accessing | 9 |
| the state-level health information exchange by health care | 10 |
| providers and researchers in order to ensure security and | 11 |
| confidentiality protections for patient information, | 12 |
| consistent with applicable federal and State standards. ILHIN | 13 |
| shall have the authority to suspend or terminate rights to | 14 |
| participate in the health information exchange in case of | 15 |
| non-compliance or failure to act, with respect to applicable | 16 |
| standards, in the best interests of patients, participants of | 17 |
| ILHIN, and the public. | 18 |
| (c) ILHIN shall identify barriers to the adoption of | 19 |
| electronic health record systems by health care providers, | 20 |
| including conducting, facilitating, or coordinating research | 21 |
| on the rates and patterns of dissemination and use of | 22 |
| electronic health record systems throughout the State. To | 23 |
| address gaps in statewide implementation, ILHIN may, through | 24 |
| staff or consultant support, contracts, grants, or loans, offer | 25 |
| technical assistance, training, and financial assistance, as | 26 |
| available and in accordance with federal law, to health care |
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| providers or associations representing health care providers, | 2 |
| with priority given to providers serving a significant | 3 |
| percentage of uninsured patients and patients in medically | 4 |
| underserved or rural areas. | 5 |
| (d) ILHIN shall educate the general public on the benefits | 6 |
| of electronic health records, personal health records, and the | 7 |
| safeguards available to prevent disclosure of personal health | 8 |
| information. | 9 |
| (e) ILHIN may appoint or designate a federally qualified | 10 |
| institutional review board to review and approve requests for | 11 |
| research in order to ensure compliance with standards and | 12 |
| patient privacy protections as specified in subsection (b) of | 13 |
| this Section. | 14 |
| (f) ILHIN may solicit grants, loans, contributions, or | 15 |
| appropriations from public or private source and may enter into | 16 |
| any contracts, grants, loans, or agreements with respect to the | 17 |
| use of such funds to fulfill its duties under this Act. No debt | 18 |
| or obligation of ILHIN shall become the debt or obligation of | 19 |
| the State. | 20 |
| (g) ILHIN may determine, charge, and collect any fees, | 21 |
| charges, costs, and expenses from any person or provider that | 22 |
| uses the ILHIN, the health information exchange, or any | 23 |
| electronic transaction in connection with its duties under this | 24 |
| Act. | 25 |
| (h) The Illinois Department of Public Health may authorize | 26 |
| ILHIN to collect de-identified health data from health care |
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| providers in a central repository for public health purposes | 2 |
| and identified data for the use of the Department or other | 3 |
| State agencies specifically to fulfill their state | 4 |
| responsibilities. Any identified data so collected shall be | 5 |
| privileged and confidential in accordance with Sections | 6 |
| 8-2101, 8-2102, 8-2103, 8-2104, and 8-2105 of the Code of Civil | 7 |
| Procedure and shall be exempt from the provisions of the | 8 |
| Freedom of Information Act. | 9 |
| (i) The Illinois Department of Public Health may authorize | 10 |
| ILHIN to make de-identified data available to health care | 11 |
| providers and other organizations for the purpose of analyzing | 12 |
| data related to health disparities, chronic illnesses, quality | 13 |
| performance measurers, and other health care related issues. | 14 |
| (j) ILHIN shall coordinate with the Illinois Department of | 15 |
| Public Health with respect to the Governor's 2006 Executive | 16 |
| Order 8 that, among other matters, encourages all health care | 17 |
| providers to use electronic prescribing programs by 2011, to | 18 |
| evaluate areas in need of enhanced technology to support | 19 |
| e-prescribing programs, and to determine the technology needed | 20 |
| to implement e-prescribing programs.
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| Section 15. Governance of the Illinois Health Information | 22 |
| Network.
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| (a) ILHIN shall be governed by a 31-member board of | 24 |
| directors, which shall be comprised of the following: | 25 |
| (1) The Directors of Public Health and of Healthcare |
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| and Family Services and the Secretary of Human Services, or | 2 |
| their designees. | 3 |
| (2) The Regional Administrator, or his or her designee, | 4 |
| of Region 5, Center for Medicare and Medicaid Services, | 5 |
| U.S. Department of Health and Human Services. | 6 |
| (3) Three hospital administrators or 2 hospital | 7 |
| administrators and a statewide hospital association | 8 |
| representative, including one hospital administrator from | 9 |
| a small rural hospital. | 10 |
| (4) Five physicians, including a primary care | 11 |
| physician, a specialist, and one each from a small group | 12 |
| practice, a rural practice, and a multi-specialty clinic, | 13 |
| independent of other appointments in this Section who might | 14 |
| also be physicians. | 15 |
| (5) Three representatives of payers, including the | 16 |
| largest health insurance company serving Illinois, a large | 17 |
| commercial insurer, and a local payer. | 18 |
| (6) Two representatives of employers, including a | 19 |
| self-insured employer and an employer recommended by an | 20 |
| employer trade organization that represents a broad base of | 21 |
| employers in the State. | 22 |
| (7) Three pharmacists, including one employed by a | 23 |
| large chain, one independent pharmacist, and one employed | 24 |
| by a health care institution or a consultant pharmacist to | 25 |
| health care organizations. | 26 |
| (8) Two representatives of federally qualified health |
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| centers as defined in Section 1905 (l)(2)(B) of the Social | 2 |
| Security Act, one of whom is from a center in an | 3 |
| association that represents a broad base of federally | 4 |
| qualified health centers throughout the State. | 5 |
| (9) Two long-term care facility administrators, | 6 |
| including one from a facility in an organization of 5 or | 7 |
| more facilities located throughout the State and one from | 8 |
| an independently-owned facility. | 9 |
| (10) One administrator of a home health agency. | 10 |
| (11) One administrator of a mental health clinic or | 11 |
| facility. | 12 |
| (12) One administrator of a diagnostic center. | 13 |
| (13) One nurse. | 14 |
| (14) Three consumers. | 15 |
| (b) The 27 non-governmental board members shall be | 16 |
| appointed by the Governor with the consent of the Senate to | 17 |
| 3-year staggered terms as determined by the Governor. Persons | 18 |
| may be nominated by generally recognized statewide | 19 |
| organizations representing hospitals, physicians, nurses, | 20 |
| consumers, third-party payers, pharmacists, federally | 21 |
| qualified health centers, long-term care facilities, | 22 |
| laboratories, mental health clinics, and home health agencies. | 23 |
| Initial nominees shall be submitted by the Governor to the | 24 |
| Senate for its consideration by no later than January 1, 2008. | 25 |
| (c) The ILHIN board of directors shall elect its presiding | 26 |
| officer from among its members and may elect or appoint an |
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| executive committee, other committees, and subcommittees to | 2 |
| conduct the business of the organization.
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| Section 20. Health information systems maintained by State | 4 |
| agencies. | 5 |
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(a) By no later than January 1, 2015, each State agency | 6 |
| that implements, acquires, or upgrades health information | 7 |
| technology systems used for the direct exchange of health | 8 |
| information between agencies and with non-State entities shall | 9 |
| use health information technology systems and products that | 10 |
| meet minimum standards adopted by ILHIN for accessing the | 11 |
| state-level health information exchange. | 12 |
| (b) In order to provide ILHIN with start-up capabilities to | 13 |
| assist in the development of the state-level health information | 14 |
| exchange, the Department of Public Health is authorized to | 15 |
| transfer or license the assets of a State pilot program known | 16 |
| as the Illinois Health Network to ILHIN as soon as is | 17 |
| practicable.
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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.".
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