Full Text of HB5925 98th General Assembly
HB5925eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Clinical Laboratory and Blood Bank | 5 | | Act is amended by adding Sections 2-134, 2-135, 2-136, and | 6 | | 2-137 and by changing Section 7-102 as follows: | 7 | | (210 ILCS 25/2-134 new) | 8 | | Sec. 2-134. Health care operations. "Health care | 9 | | operations" has the meaning ascribed to it under HIPAA, as | 10 | | specified in 45 CFR 164.501. | 11 | | (210 ILCS 25/2-135 new) | 12 | | Sec. 2-135. HIPAA. "HIPAA" means the Health Insurance | 13 | | Portability and Accountability Act of 1996, Public Law 104-191, | 14 | | as amended by the Health Information and Technology for | 15 | | Economic and Clinical Health Act of 2009, Public Law 111-05, | 16 | | and any subsequent amendments thereto and any regulations | 17 | | promulgated thereunder. | 18 | | (210 ILCS 25/2-136 new) | 19 | | Sec. 2-136. Payment. "Payment" has the meaning ascribed to | 20 | | it under HIPAA, as specified in 45 CFR 164.501. |
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| 1 | | (210 ILCS 25/2-137 new) | 2 | | Sec. 2-137. Treatment. "Treatment" has the meaning | 3 | | ascribed to it under HIPAA, as specified in 45 CFR 164.501.
| 4 | | (210 ILCS 25/7-102) (from Ch. 111 1/2, par. 627-102)
| 5 | | Sec. 7-102. Reports of test results. | 6 | | (a) Clinical laboratory test results may be reported or | 7 | | transmitted to: | 8 | | (1) the licensed physician or other authorized person | 9 | | who requested the test, their designee, or both; | 10 | | (2) any health care provider who is providing treatment | 11 | | to the patient; | 12 | | (3) an electronic health information exchange for the | 13 | | purposes of transmitting, using, or disclosing clinical | 14 | | laboratory test results in any manner required or permitted | 15 | | by HIPAA. The result of a test shall be reported
directly | 16 | | to the licensed physician or other authorized person who | 17 | | requested it.
| 18 | | (b) No interpretation, diagnosis , or prognosis or | 19 | | suggested treatment shall appear
on the laboratory report form , | 20 | | except that a report made by a physician licensed
to practice | 21 | | medicine in Illinois, a dentist licensed in Illinois, or an | 22 | | optometrist licensed in Illinois may
include such information. | 23 | | (c) Nothing in this Act prohibits the sharing of | 24 | | information as authorized in Section 2.1 of the Department of | 25 | | Public Health Act.
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| 1 | | (Source: P.A. 98-185, eff. 1-1-14.)
| 2 | | Section 10. The AIDS Confidentiality Act is amended by | 3 | | changing Sections 2, 3, 9, 10, and 16 and by adding Sections | 4 | | 9.1, 9.2, 9.3, 9.4, 9.4a, 9.6, 9.7, 9.8, 9.9, and 9.10 as | 5 | | follows:
| 6 | | (410 ILCS 305/2) (from Ch. 111 1/2, par. 7302)
| 7 | | Sec. 2. The General Assembly finds that:
| 8 | | (1) The use of tests designed to reveal a condition | 9 | | indicative of Human
Immunodeficiency Virus (HIV) infection can | 10 | | be a valuable
tool in protecting
the public health.
| 11 | | (2) Despite existing laws, regulations and professional | 12 | | standards which
require or promote the informed, voluntary and | 13 | | confidential use of tests
designed to reveal HIV infection, | 14 | | many members of the public are deterred
from seeking such | 15 | | testing because they misunderstand the nature of the test
or | 16 | | fear that test results or other health information that reveals | 17 | | their HIV status will be disclosed without their consent.
| 18 | | (3) The public health will be served by facilitating | 19 | | informed,
voluntary and confidential use of tests designed to | 20 | | reveal HIV infection and appropriately protecting the health | 21 | | information privacy of patients who are HIV-positive .
| 22 | | (4) The public health will also be served by expanding the | 23 | | availability of informed, voluntary, and confidential HIV | 24 | | testing and treatment and making HIV testing a routine part of |
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| 1 | | general medical care, as recommended by the United States | 2 | | Centers for Disease Control and Prevention.
| 3 | | (5) The use of electronic health record systems and the | 4 | | exchange of electronic patient records, both paper and | 5 | | electronic, through secure means, including through secure | 6 | | health information exchanges, should be encouraged to improve | 7 | | patient health care and care coordination, facilitate public | 8 | | health reporting, and control health care costs, among other | 9 | | purposes. | 10 | | (6) Limiting the use or disclosure of, and requests for, | 11 | | protected health information to the minimum necessary to | 12 | | accomplish an intended purpose, when being transmitted by or on | 13 | | behalf of a covered entity under HIPAA, is a key component of | 14 | | health information privacy. The disclosure of HIV-related | 15 | | information, when allowed by this Act, shall be performed in | 16 | | accordance with the minimum necessary standard when required | 17 | | under HIPAA. | 18 | | (Source: P.A. 95-7, eff. 6-1-08 .)
| 19 | | (410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
| 20 | | Sec. 3. When used in this Act:
| 21 | | (a) "AIDS" means acquired immunodeficiency syndrome. | 22 | | (b) "Authority" means the Illinois Health Information | 23 | | Exchange Authority established pursuant to the Illinois Health | 24 | | Information Exchange and Technology Act. | 25 | | (c) "Business associate" has the meaning ascribed to it |
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| 1 | | under HIPAA, as specified in 45 CFR 160.103. | 2 | | (d) "Covered entity" has the meaning ascribed to it under | 3 | | HIPAA, as specified in 45 CFR 160.103. | 4 | | (e) "De-identified information" means health information | 5 | | that is not individually identifiable as described under HIPAA, | 6 | | as specified in 45 CFR 164.514(b). | 7 | | (f) (a) "Department" means the Illinois Department of | 8 | | Public Health or its designated agents .
| 9 | | (g) "Disclosure" has the meaning ascribed to it under | 10 | | HIPAA, as specified in 45 CFR 160.103. | 11 | | (h) "Health care operations" has the meaning ascribed to it | 12 | | under HIPAA, as specified in 45 CFR 164.501. | 13 | | (i) "Health care professional" means (i) a licensed | 14 | | physician, (ii) a
physician assistant
to whom the physician | 15 | | assistant's supervising physician has delegated the
provision | 16 | | of AIDS and
HIV-related health services, (iii) an advanced | 17 | | practice registered nurse who
has a written
collaborative | 18 | | agreement with a collaborating physician which authorizes the
| 19 | | provision of AIDS
and HIV-related health services, (iv) a | 20 | | licensed dentist, (v) a licensed podiatric physician, or (vi) | 21 | | an
individual certified to provide HIV testing and counseling | 22 | | by a state or local
public health
department. | 23 | | (j) "Health care provider" has the meaning ascribed to it | 24 | | under HIPAA, as specified in 45 CFR 160.103. | 25 | | (b) "AIDS" means acquired immunodeficiency syndrome.
| 26 | | (c) "HIV" means the Human Immunodeficiency Virus or
any |
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| 1 | | other identified causative agent of AIDS.
| 2 | | (d) "Informed consent" means a written or verbal
agreement | 3 | | by the subject of a test or the subject's
legally authorized | 4 | | representative without undue inducement or any element
of | 5 | | force, fraud, deceit, duress or other form of constraint or | 6 | | coercion,
which entails at least the following pre-test | 7 | | information:
| 8 | | (1) a fair explanation of the test, including its | 9 | | purpose, potential
uses, limitations and the meaning of its | 10 | | results; and
| 11 | | (2) a fair explanation of the procedures to be | 12 | | followed, including the
voluntary nature of the test, the | 13 | | right to withdraw consent to the testing
process at any | 14 | | time, the right to anonymity to the extent provided by law
| 15 | | with respect to participation in the test and disclosure of | 16 | | test results,
and the right to confidential treatment of
| 17 | | information identifying the subject of the test and the | 18 | | results of the
test, to the extent provided by law.
| 19 | | Pre-test information may be provided in writing, verbally, | 20 | | or by video, electronic, or other means. The subject must be | 21 | | offered an opportunity to ask questions about the HIV test and | 22 | | decline testing. Nothing in this Act shall prohibit a health | 23 | | care provider from combining a form used to obtain informed | 24 | | consent for HIV testing with forms used to obtain written | 25 | | consent for general medical care or any other medical test or | 26 | | procedure provided that the forms make it clear that the |
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| 1 | | subject may consent to general medical care, tests, or medical | 2 | | procedures without being required to consent to HIV testing and | 3 | | clearly explain how the subject may opt-out of HIV testing.
| 4 | | (k) (e) "Health facility" means a hospital, nursing home, | 5 | | blood bank, blood
center, sperm bank, or other health care | 6 | | institution, including any "health
facility" as that term is | 7 | | defined in the Illinois Finance Authority
Act.
| 8 | | (l) "Health information exchange" or "HIE" means a health | 9 | | information exchange or health information organization that | 10 | | oversees and governs the electronic exchange of health | 11 | | information that (i) is established pursuant to the Illinois | 12 | | Health Information Exchange and Technology Act, or any | 13 | | subsequent amendments thereto, and any administrative rules | 14 | | adopted thereunder; (ii) has established a data sharing | 15 | | arrangement with the Authority; or (iii) as of August 16, 2013, | 16 | | was designated by the Authority Board as a member of, or was | 17 | | represented on, the Authority Board's Regional Health | 18 | | Information Exchange Workgroup; provided that such designation
| 19 | | shall not require the establishment of a data sharing | 20 | | arrangement or other participation with the Illinois Health
| 21 | | Information Exchange or the payment of any fee. In certain | 22 | | circumstances, in accordance with HIPAA, an HIE will be a | 23 | | business associate. | 24 | | (m) "Health oversight agency" has the meaning ascribed to | 25 | | it under HIPAA, as specified in 45 CFR 164.501. | 26 | | (n) "HIPAA" means the Health Insurance Portability and |
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| 1 | | Accountability Act of 1996, Public Law 104-191, as amended by | 2 | | the Health Information Technology for Economic and Clinical | 3 | | Health Act of 2009, Public Law 111-05, and any subsequent | 4 | | amendments thereto and any regulations promulgated thereunder. | 5 | | (o) "HIV" means the human immunodeficiency virus. | 6 | | (p) "HIV-related information" means the identity of a | 7 | | person upon whom an HIV test is performed, the results of an | 8 | | HIV test, as well as diagnosis, treatment, and prescription | 9 | | information that reveals a patient is HIV-positive, including | 10 | | such information contained in a limited data set. "HIV-related | 11 | | information" does not include information that has been | 12 | | de-identified in accordance with HIPAA. | 13 | | (q) "Informed consent" means a written or verbal
agreement | 14 | | by the subject of a test or the subject's
legally authorized | 15 | | representative without undue inducement or any element
of | 16 | | force, fraud, deceit, duress, or other form of constraint or | 17 | | coercion,
which entails at least the following pre-test | 18 | | information: | 19 | | (1) a fair explanation of the test, including its | 20 | | purpose, potential
uses, limitations, and the meaning of | 21 | | its results; | 22 | | (2) a fair explanation of the procedures to be | 23 | | followed, including the
voluntary nature of the test, the | 24 | | right to withdraw consent to the testing
process at any | 25 | | time, the right to anonymity to the extent provided by law
| 26 | | with respect to participation in the test and disclosure of |
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| 1 | | test results,
and the right to confidential treatment of
| 2 | | information identifying the subject of the test and the | 3 | | results of the
test, to the extent provided by law; and | 4 | | (3) where the entity providing the test is a | 5 | | participant in an HIE, a fair explanation that the results | 6 | | of the patient's HIV test will be accessible through an HIE | 7 | | and meaningful disclosure of the patient's opt-out right | 8 | | under Section 9.6 of this Act. | 9 | | Pre-test information may be provided in writing, verbally, | 10 | | or by video, electronic, or other means. The subject must be | 11 | | offered an opportunity to ask questions about the HIV test and | 12 | | decline testing. Nothing in this Act shall prohibit a health | 13 | | care provider from combining a form used to obtain informed | 14 | | consent for HIV testing with forms used to obtain written | 15 | | consent for general medical care or any other medical test or | 16 | | procedure provided that the forms make it clear that the | 17 | | subject may consent to general medical care, tests, or medical | 18 | | procedures without being required to consent to HIV testing and | 19 | | clearly explain how the subject may opt out of HIV testing. | 20 | | (r) "Limited data set" has the meaning ascribed to it under | 21 | | HIPAA, as described in 45 CFR 164.514(e)(2). | 22 | | (s) "Minimum necessary" means the HIPAA standard for using, | 23 | | disclosing, and requesting protected health information found | 24 | | in 45 CFR 164.502(b) and 164.514(d). | 25 | | (t) "Organized health care arrangement" has the meaning | 26 | | ascribed to it under HIPAA, as specified in 45 CFR 160.103. |
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| 1 | | (u) "Patient safety activities" has the meaning ascribed to | 2 | | it under 42 CFR 3.20. | 3 | | (v) "Payment" has the meaning ascribed to it under HIPAA, | 4 | | as specified in 45 CFR 164.501. | 5 | | (w) "Person" includes any natural person, partnership, | 6 | | association, joint venture, trust, governmental entity, public | 7 | | or private corporation, health facility, or other legal entity. | 8 | | (x) "Protected health information" has the meaning | 9 | | ascribed to it under HIPAA, as specified in 45 CFR 160.103. | 10 | | (y) "Research" has the meaning ascribed to it under HIPAA, | 11 | | as specified in 45 CFR 164.501. | 12 | | (z) "State agency" means an instrumentality of the State of | 13 | | Illinois and any instrumentality of another state that, | 14 | | pursuant to applicable law or a written undertaking with an | 15 | | instrumentality of the State of Illinois, is bound to protect | 16 | | the privacy of HIV-related information of Illinois persons. | 17 | | (f) "Health care provider" means any health care | 18 | | professional, nurse,
paramedic,
psychologist or other person | 19 | | providing medical, nursing, psychological, or
other health | 20 | | care services of any kind.
| 21 | | (f-5) "Health care professional" means (i) a licensed | 22 | | physician, (ii) a
physician assistant
to whom the physician | 23 | | assistant's supervising physician has delegated the
provision | 24 | | of AIDS and
HIV-related health services, (iii) an advanced | 25 | | practice registered nurse who
has a written
collaborative | 26 | | agreement with a collaborating physician which authorizes the
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| 1 | | provision of AIDS
and HIV-related health services, (iv) a | 2 | | licensed dentist, (v) a licensed podiatric physician, or (vi) | 3 | | an
individual certified to provide HIV testing and counseling | 4 | | by a state or local
public health
department.
| 5 | | (aa) (g) "Test" or "HIV test" means a test to determine the | 6 | | presence of the
antibody or antigen to HIV, or of HIV | 7 | | infection.
| 8 | | (bb) "Treatment" has the meaning ascribed to it under | 9 | | HIPAA, as specified in 45 CFR 164.501. | 10 | | (cc) "Use" has the meaning ascribed to it under HIPAA, as | 11 | | specified in 45 CFR 160.103, where context dictates. | 12 | | (h) "Person" includes any natural person, partnership, | 13 | | association,
joint venture, trust, governmental entity, public | 14 | | or private corporation,
health facility or other legal entity.
| 15 | | (Source: P.A. 98-214, eff. 8-9-13.)
| 16 | | (410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
| 17 | | Sec. 9. (1) No person may disclose or be compelled to | 18 | | disclose HIV-related information the
identity of any person | 19 | | upon whom a test is performed, or the results of
such a test in | 20 | | a manner which permits identification of the subject of the
| 21 | | test , except to the following persons:
| 22 | | (a) The subject of an HIV the test or the subject's legally
| 23 | | authorized representative. A physician may notify the spouse of | 24 | | the
test subject, if the test result is positive and has been | 25 | | confirmed
pursuant to rules adopted by the Department, provided |
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| 1 | | that the physician has
first sought unsuccessfully to persuade | 2 | | the patient to notify the spouse or
that, a reasonable time | 3 | | after the patient has agreed to make the
notification, the | 4 | | physician has reason to believe that the patient has not
| 5 | | provided the notification. This paragraph shall not create a | 6 | | duty or
obligation under which a physician must notify the | 7 | | spouse of the test
results, nor shall such duty or obligation | 8 | | be implied. No civil liability
or criminal sanction under this | 9 | | Act shall be imposed for any disclosure or
non-disclosure of a | 10 | | test result to a spouse by a physician acting in good
faith | 11 | | under this paragraph. For the purpose of any proceedings, civil | 12 | | or
criminal, the good faith of any physician acting under this | 13 | | paragraph shall
be presumed.
| 14 | | (b) Any person designated in a legally effective | 15 | | authorization for release of the HIV-related information test
| 16 | | results executed by the subject of the HIV-related information | 17 | | test or the subject's legally
authorized representative.
| 18 | | (c) An authorized agent or employee of a health facility or | 19 | | health care
provider if the health facility or health care | 20 | | provider itself is
authorized to obtain the test results, the | 21 | | agent or employee provides
patient care or handles or processes | 22 | | specimens of body fluids or tissues,
and the agent or employee | 23 | | has a need to know such information.
| 24 | | (d) The Department and local health authorities serving a | 25 | | population of over 1,000,000 residents or other local health | 26 | | authorities as designated by the Department, in accordance with |
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| 1 | | rules for reporting , preventing, and
controlling the spread of | 2 | | disease and the conduct of public health surveillance, public | 3 | | health investigations, and public health interventions , as | 4 | | otherwise provided by State law.
The Department,
local health | 5 | | authorities, and authorized representatives shall not disclose | 6 | | HIV test results and HIV-related
information and records held | 7 | | by them relating to known or suspected cases of
AIDS or HIV | 8 | | infection , publicly or in any action of any kind in any court | 9 | | or
before any tribunal, board, or agency. HIV test results and | 10 | | HIV-related information AIDS and HIV infection data shall be
| 11 | | protected from disclosure in accordance with the provisions of | 12 | | Sections 8-2101
through 8-2105 of the Code of Civil Procedure.
| 13 | | (e) A health facility , or health care provider , or health | 14 | | care professional which procures, processes,
distributes or | 15 | | uses: (i) a human body part from a deceased person
with respect | 16 | | to medical information regarding that person; or (ii) semen
| 17 | | provided prior to the effective date of this Act for the | 18 | | purpose of
artificial insemination.
| 19 | | (f) Health facility staff committees for the purposes of | 20 | | conducting
program monitoring, program evaluation or service | 21 | | reviews.
| 22 | | (f-5) A court in accordance with the provisions of Section | 23 | | 12-5.01 of the Criminal Code of 2012. | 24 | | (g) (Blank).
| 25 | | (h) Any health care provider or employee of a health | 26 | | facility, and any
firefighter or EMT-A, EMT-P, or EMT-I, |
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| 1 | | involved in an accidental direct
skin or mucous membrane | 2 | | contact with the blood or bodily fluids of an
individual which | 3 | | is of a nature that may transmit HIV, as determined by a
| 4 | | physician in his medical judgment.
| 5 | | (i) Any law enforcement officer, as defined in subsection | 6 | | (c) of
Section 7, involved in the line of duty in a direct skin | 7 | | or mucous membrane
contact with the blood or bodily fluids of | 8 | | an individual which is of a
nature that may transmit HIV, as | 9 | | determined by a physician in his medical
judgment.
| 10 | | (j) A temporary caretaker of a child taken into temporary | 11 | | protective
custody by the Department of Children and Family | 12 | | Services pursuant to Section 5
of the Abused and Neglected | 13 | | Child Reporting Act, as now or hereafter amended.
| 14 | | (k) In the case of a minor under 18 years of age whose test | 15 | | result is
positive and has been confirmed
pursuant to rules | 16 | | adopted by the Department, the health care professional | 17 | | provider who ordered the test shall make a reasonable
effort to | 18 | | notify the minor's parent or legal guardian if, in the
| 19 | | professional judgment
of the health care professional | 20 | | provider , notification would be
in the best interest of the | 21 | | child and the health care professional provider has first
| 22 | | sought unsuccessfully to persuade the minor to notify the | 23 | | parent or legal
guardian or a reasonable time after the minor | 24 | | has agreed to notify
the parent or legal guardian, the health | 25 | | care professional provider has reason to
believe that the minor | 26 | | has not made the notification. This subsection
shall not create |
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| 1 | | a duty or obligation under which a health care professional | 2 | | provider
must notify the minor's parent or legal guardian of | 3 | | the test results, nor
shall a duty or obligation be implied. No | 4 | | civil liability or criminal sanction
under this Act shall be | 5 | | imposed for any notification or non-notification of a
minor's | 6 | | test result by a health care professional provider acting in | 7 | | good faith under this
subsection. For the purpose of any | 8 | | proceeding, civil or criminal, the good
faith of any health | 9 | | care professional provider acting under this subsection shall | 10 | | be
presumed.
| 11 | | (2) All information and records held by a State agency, | 12 | | local health authority, or health oversight agency pertaining | 13 | | to HIV-related information shall be strictly confidential and | 14 | | exempt from copying and inspection under the Freedom of | 15 | | Information Act. The information and records shall not be | 16 | | released or made public by the State agency, local health | 17 | | authority, or health oversight agency, shall not be admissible | 18 | | as evidence nor discoverable in any action of any kind in any | 19 | | court or before any tribunal, board, agency, or person, and | 20 | | shall be treated in the same manner as the information and | 21 | | those records subject to the provisions of Part 21 of Article | 22 | | VIII of the Code of Civil Procedure, except under the following | 23 | | circumstances: | 24 | | (A) when made with the written consent of all persons | 25 | | to whom the information pertains; or | 26 | | (B) when authorized by Section 5-4-3 of the Unified |
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| 1 | | Code of Corrections. | 2 | | Disclosure shall be limited to those who have a need to | 3 | | know the information, and no additional disclosures may be | 4 | | made. | 5 | | (Source: P.A. 96-328, eff. 8-11-09; 97-1046, eff. 8-21-12; | 6 | | 97-1150, eff. 1-25-13.)
| 7 | | (410 ILCS 305/9.1 new) | 8 | | Sec. 9.1. Uses and disclosures for treatment, payment, and | 9 | | health care operations. Notwithstanding Sections 9 and 10 of | 10 | | this Act, a covered entity may, without a patient's consent: | 11 | | (1) use or disclose HIV-related information for its own | 12 | | treatment, payment, or health care operations; | 13 | | (2) disclose HIV-related information for treatment | 14 | | activities of a health care provider; | 15 | | (3) disclose HIV-related information to another | 16 | | covered entity or health care provider for the payment | 17 | | activities of the entity that receives the information; | 18 | | (4) disclose HIV-related information to another | 19 | | covered entity for health care operations activities of the | 20 | | entity that receives the information, if each entity has or | 21 | | had a relationship with the individual who is the subject | 22 | | of the HIV-related information being requested, the | 23 | | HIV-related information pertains to such relationship, and | 24 | | the disclosure is for the purpose of (A) conducting quality | 25 | | assessment and improvement activities, including outcomes |
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| 1 | | evaluation and development of clinical guidelines, | 2 | | provided that the obtaining of generalizable knowledge is | 3 | | not the primary purpose of any studies resulting from such | 4 | | activities; patient safety activities; population-based | 5 | | activities relating to improving health or reducing health | 6 | | care costs, protocol development, case management, and | 7 | | care coordination, contacting of health care providers and | 8 | | patients with information about treatment alternatives; | 9 | | and related functions that do not include treatment; (B) | 10 | | reviewing the competence or qualifications of health care | 11 | | professionals, evaluating practitioner and provider | 12 | | performance, health plan performance, conducting training | 13 | | programs in which students, trainees, or practitioners in | 14 | | areas of health care learn under supervision to practice or | 15 | | improve their skills as health care providers, training of | 16 | | non-health care professionals, accreditation, | 17 | | certification, licensing, or credentialing activities; or | 18 | | (C) health care fraud and abuse detection or compliance; | 19 | | and | 20 | | (5) disclose HIV-related information to other | 21 | | participants in an organized health care arrangement in | 22 | | which the covered entity is also a participant for any | 23 | | health care operations activities of the organized health | 24 | | care arrangement. | 25 | | (410 ILCS 305/9.2 new) |
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| 1 | | Sec. 9.2. Uses and disclosures for health oversight | 2 | | activities. | 3 | | (a) Notwithstanding Sections 9 and 10 of this Act, a | 4 | | covered entity may disclose HIV-related information, without a | 5 | | patient's consent, to a health oversight agency for health | 6 | | oversight activities authorized by law, including audits, | 7 | | civil, administrative, or criminal investigations; | 8 | | inspections; licensure or disciplinary actions; civil | 9 | | administrative or criminal proceedings or actions; or other | 10 | | activities necessary for appropriate oversight of (i) the | 11 | | health care system; (ii) government benefit programs for which | 12 | | health information is relevant to beneficiary eligibility; | 13 | | (iii) entities subject to government regulatory programs for | 14 | | which health information is necessary for determining | 15 | | compliance with program standards; or (iv) entities subject to | 16 | | civil rights laws for which health information is necessary for | 17 | | determining compliance. | 18 | | (b) For purposes of the disclosures permitted by this | 19 | | Section, a health oversight activity does not include an | 20 | | investigation or other activity in which the individual is the | 21 | | subject of the investigation or activity and such investigation | 22 | | or other activity does not arise out of and is not directly | 23 | | related to (i) the receipt of health care; (ii) a claim for | 24 | | public benefits related to health; or (iii) qualification for, | 25 | | or receipt of, public benefits or services when a patient's | 26 | | health is integral to the claim for public benefits or |
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| 1 | | services, except that, if a health oversight activity or | 2 | | investigation is conducted in conjunction with an oversight | 3 | | activity or investigation relating to a claim for public | 4 | | benefits not related to health, the joint activity or | 5 | | investigation is considered a health oversight activity for | 6 | | purposes of this Section. | 7 | | (c) If a covered entity is also a health oversight agency, | 8 | | the covered entity may use HIV-related information for health | 9 | | oversight activities permitted by this Section. | 10 | | (410 ILCS 305/9.3 new) | 11 | | Sec. 9.3. Business associates. | 12 | | (a) Notwithstanding Sections 9 and 10 of this Act, a | 13 | | covered entity may, without a patient's consent, disclose a | 14 | | patient's HIV-related information to a business associate and | 15 | | may allow a business associate to create, receive, maintain, or | 16 | | transmit protected health information on its behalf, if the | 17 | | covered entity obtains, through a written contract or other | 18 | | written agreement or arrangement that meets the applicable | 19 | | requirements of 45 CFR 164.504(e), satisfactory assurance that | 20 | | the business associate will appropriately safeguard the | 21 | | information. A covered entity is not required to obtain such | 22 | | satisfactory assurances from a business associate that is a | 23 | | subcontractor. | 24 | | (b) A business associate may disclose protected health | 25 | | information to a business associate that is a subcontractor and |
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| 1 | | may allow the subcontractor to create, receive, maintain, or | 2 | | transmit protected health information on its behalf, if the | 3 | | business associate obtains satisfactory assurances, in | 4 | | accordance with 45 CFR 164.504(e)(1)(i), that the | 5 | | subcontractor will appropriately safeguard the information. | 6 | | (410 ILCS 305/9.4 new) | 7 | | Sec. 9.4. Use and disclosure of information to an HIE. | 8 | | Notwithstanding the provisions of Sections 9 and 10 of this | 9 | | Act, a covered entity may, without a patient's consent, | 10 | | disclose the identity of any patient upon whom a test is | 11 | | performed and such patient's HIV-related information from a | 12 | | patient's record to an HIE if the disclosure is a required or | 13 | | permitted disclosure to a business associate or is a disclosure | 14 | | otherwise required or permitted under this Act. An HIE may, | 15 | | without a patient's consent, use or disclose such information | 16 | | to the extent it is allowed to use or disclose such information | 17 | | as a business associate in compliance with 45 CFR 164.502(e) or | 18 | | for such other purposes as are specifically allowed under this | 19 | | Act. | 20 | | (410 ILCS 305/9.4a new) | 21 | | Sec. 9.4a. Other disclosures. Nothing in this Act shall be | 22 | | construed (1) to limit the use of an HIE to facilitate | 23 | | disclosures permitted by this Act or (2) to allow for the | 24 | | disclosure of information from a patient's record to law |
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| 1 | | enforcement or for law enforcement purposes. | 2 | | (410 ILCS 305/9.6 new) | 3 | | Sec. 9.6. HIE opt out. Section 9.6 of the Mental Health and | 4 | | Developmental Disabilities Confidentiality Act is incorporated | 5 | | herein by reference. In addition to the requirements set out in | 6 | | Section 9.6 of the Mental Health and Developmental Disabilities | 7 | | Confidentiality Act, at the time of a patient's first encounter | 8 | | for HIV-related care with a health care provider, health care | 9 | | professional, or health facility that participates in an HIE, | 10 | | or, in the event of a medical emergency that makes it | 11 | | impossible, as soon thereafter as is practicable, the patient | 12 | | shall receive meaningful disclosure regarding the HIE in which | 13 | | the health care provider, health care professional, or health | 14 | | facility participates and shall be afforded an opportunity to | 15 | | opt out of disclosure of the patient's health information | 16 | | through the HIE. | 17 | | (410 ILCS 305/9.7 new) | 18 | | Sec. 9.7. Record locator service to support HIE. Section | 19 | | 9.9 of the Mental Health and Developmental Disabilities and | 20 | | Confidentiality Act is herein incorporated by reference. | 21 | | (410 ILCS 305/9.8 new) | 22 | | Sec. 9.8. Disclosure of limited data sets and de-identified | 23 | | information. Notwithstanding the provisions of Sections 9 and |
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| 1 | | 10 of this Act: | 2 | | (1) a covered entity may, without a patient's consent, | 3 | | create, use, and disclose a limited data set using | 4 | | HIV-related information from a patient's record or | 5 | | disclose HIV-related information from a patient's record | 6 | | to a business associate for the purpose of establishing a | 7 | | limited data set; the creation, use, and disclosure of such | 8 | | a limited data set must comply with the requirements set | 9 | | forth under HIPAA; | 10 | | (2) a covered entity may, without a patient's consent, | 11 | | create, use, and disclose de-identified information using | 12 | | information from a patient's record that is subject to this | 13 | | Act or disclose HIV-related information from a patient's | 14 | | record to a business associate for the purpose of | 15 | | de-identifying the information; the creation, use, and | 16 | | disclosure of such de-identified data must comply with the | 17 | | requirements set forth under HIPAA. A covered entity or a | 18 | | business associate may disclose information that is | 19 | | de-identified; and | 20 | | (3) the recipient of de-identified information shall | 21 | | not re-identify de-identified information using any public | 22 | | or private data source. | 23 | | (410 ILCS 305/9.9 new) | 24 | | Sec. 9.9. Research. HIV-related information may be | 25 | | disclosed for research in accordance with the requirements set |
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| 1 | | forth under HIPAA. | 2 | | (410 ILCS 305/9.10 new) | 3 | | Sec. 9.10. Minimum necessary. When using and disclosing | 4 | | HIV-related information under this Act, a covered entity shall | 5 | | do so in accordance with the minimum necessary standard under | 6 | | HIPAA.
| 7 | | (410 ILCS 305/10) (from Ch. 111 1/2, par. 7310)
| 8 | | Sec. 10.
No person to whom the results of a test have been | 9 | | disclosed
may disclose the test results to another person | 10 | | except as authorized under this Act
by Section 9 .
| 11 | | (Source: P.A. 85-677; 85-679.)
| 12 | | (410 ILCS 305/16) (from Ch. 111 1/2, par. 7316)
| 13 | | Sec. 16. The Department shall promulgate rules and | 14 | | regulations
concerning implementation and enforcement of this | 15 | | Act , except to the extent that this Act delegates to the | 16 | | Authority the promulgation or adoption of any rules, | 17 | | regulations, standards, or contractual obligations . The rules | 18 | | and
regulations promulgated by the Department pursuant to this | 19 | | Act may include
procedures for taking appropriate action with | 20 | | regard to health care
facilities or health care providers which | 21 | | violate this Act or the
regulations promulgated hereunder. The | 22 | | provisions of The Illinois
Administrative Procedure Act shall | 23 | | apply to all administrative rules and
procedures of the |
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| 1 | | Department pursuant to this Act, except that in case of
| 2 | | conflict between The Illinois Administrative Procedure Act and | 3 | | this Act,
the provisions of this Act shall control. The | 4 | | Department shall conduct training, technical assistance, and | 5 | | outreach activities, as needed, to implement routine HIV | 6 | | testing in healthcare medical settings.
| 7 | | (Source: P.A. 95-7, eff. 6-1-08 .)
| 8 | | Section 15. The Genetic Information Privacy Act is amended | 9 | | by changing Sections 5, 10, 20, 25, 30, 35, and 40 and by | 10 | | adding Sections 31, 31.1, 31.2, 31.3, 31.4, 31.5, 31.6, 31.7, | 11 | | 31.8, 31.9, and 31.10 as follows:
| 12 | | (410 ILCS 513/5)
| 13 | | Sec. 5. Legislative findings; intent. The General Assembly | 14 | | finds that:
| 15 | | (1) The use of genetic testing can be valuable to an | 16 | | individual.
| 17 | | (2) Despite existing laws, regulations, and | 18 | | professional standards which
require or promote voluntary | 19 | | and confidential use of genetic testing
information, many | 20 | | members of the public are deterred from seeking genetic
| 21 | | testing because of fear that test results will be disclosed | 22 | | without consent in a manner not permitted by law or
will be | 23 | | used in a discriminatory manner.
| 24 | | (3) The public health will be served by facilitating |
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| 1 | | voluntary and
confidential nondiscriminatory use of | 2 | | genetic testing information. | 3 | | (4) The use of electronic health record systems and the | 4 | | exchange of patient records, both paper and electronic, | 5 | | through secure means, including through secure health | 6 | | information exchanges, should be encouraged to improve | 7 | | patient health care and care coordination, facilitate | 8 | | public health reporting, and control health care costs, | 9 | | among other purposes. | 10 | | (5) Limiting the use or disclosure of, and requests | 11 | | for, protected health information to the minimum necessary | 12 | | to accomplish an intended purpose, when being transmitted | 13 | | by or on behalf of a covered entity under HIPAA, is a key | 14 | | component of health information privacy. The disclosure of | 15 | | genetic information, when allowed by this Act, shall be | 16 | | performed in accordance with the minimum necessary | 17 | | standard when required under HIPAA.
| 18 | | (Source: P.A. 90-25, eff. 1-1-98.)
| 19 | | (410 ILCS 513/10)
| 20 | | Sec. 10. Definitions. As used in this Act:
| 21 | | "Authority" means the Illinois Health Information Exchange | 22 | | Authority established pursuant to the Illinois Health | 23 | | Information Exchange and Technology Act. | 24 | | "Business associate" has the meaning ascribed to it under | 25 | | HIPAA, as specified in 45 CFR 160.103. |
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| 1 | | "Covered entity" has the meaning ascribed to it under | 2 | | HIPAA, as specified in 45 CFR 160.103. | 3 | | "De-identified information" means health information that | 4 | | is not individually identifiable as described under HIPAA, as | 5 | | specified in 45 CFR 164.514(b). | 6 | | "Disclosure" has the meaning ascribed to it under HIPAA, as | 7 | | specified in 45 CFR 160.103. | 8 | | "Employer" means the State of Illinois, any unit of local | 9 | | government, and any board, commission, department, | 10 | | institution, or school district, any party to a public | 11 | | contract, any joint apprenticeship or training committee | 12 | | within the State, and every other person employing employees | 13 | | within the State. | 14 | | "Employment agency" means both public and private | 15 | | employment agencies and any person, labor organization, or | 16 | | labor union having a hiring hall or hiring office regularly | 17 | | undertaking, with or without compensation, to procure | 18 | | opportunities to work, or to procure, recruit, refer, or place | 19 | | employees. | 20 | | "Family member" means, with respect to an individual, (i) | 21 | | the spouse of the individual; (ii) a dependent child of the | 22 | | individual, including a child who is born to or placed for | 23 | | adoption with the individual; (iii) any other person qualifying | 24 | | as a covered dependent under a managed care plan; and (iv) all | 25 | | other individuals related by blood or law to the individual or | 26 | | the spouse or child described in subsections (i) through (iii) |
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| 1 | | of this definition. | 2 | | "Genetic information" has the meaning ascribed to it under | 3 | | HIPAA, as specified in 45 CFR 160.103. means, with respect to | 4 | | any individual, information about (i) the individual's genetic | 5 | | tests; (ii) the genetic tests of a family member of the | 6 | | individual; and
(iii) the manifestation or possible | 7 | | manifestation of a disease or disorder in a family member of | 8 | | the individual. Genetic information does not include | 9 | | information about the sex or age of any individual. | 10 | | "Genetic monitoring" means the periodic examination of | 11 | | employees to evaluate acquired modifications to their genetic | 12 | | material, such as chromosomal damage or evidence of increased | 13 | | occurrence of mutations that may have developed in the course | 14 | | of employment due to exposure to toxic substances in the | 15 | | workplace in order to identify, evaluate, and respond to | 16 | | effects of or control adverse environmental exposures in the | 17 | | workplace. | 18 | | "Genetic services" has the meaning ascribed to it under | 19 | | HIPAA, as specified in 45 CFR 160.103 means a genetic test, | 20 | | genetic counseling, including obtaining, interpreting, or | 21 | | assessing genetic information, or genetic education . | 22 | | "Genetic testing" and "genetic test" have the meaning | 23 | | ascribed to "genetic test" under HIPAA, as specified in 45 CFR | 24 | | 160.103. mean a test or analysis of human
genes, gene products, | 25 | | DNA, RNA, chromosomes, proteins, or metabolites that detect | 26 | | genotypes, mutations, chromosomal changes, abnormalities, or |
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| 1 | | deficiencies,
including carrier status, that (i) are linked to | 2 | | physical or mental disorders
or
impairments, (ii) indicate a | 3 | | susceptibility to illness, disease, impairment,
or other | 4 | | disorders, whether physical or mental, or (iii) demonstrate | 5 | | genetic or
chromosomal damage due to environmental factors. | 6 | | Genetic testing and genetic tests do not
include routine | 7 | | physical measurements; chemical, blood and urine analyses that
| 8 | | are widely accepted and in use in clinical practice; tests for | 9 | | use of drugs;
tests for the presence of the human | 10 | | immunodeficiency virus; analyses of proteins or metabolites | 11 | | that do not detect genotypes, mutations, chromosomal changes, | 12 | | abnormalities, or deficiencies; or analyses of proteins or | 13 | | metabolites that are directly related to a manifested disease, | 14 | | disorder, or pathological condition that could reasonably be | 15 | | detected by a health care professional with appropriate | 16 | | training and expertise in the field of medicine involved. | 17 | | "Health care operations" has the meaning ascribed to it | 18 | | under HIPAA, as specified in 45 CFR 164.501. | 19 | | "Health care professional" means (i) a licensed physician, | 20 | | (ii) a physician assistant to whom the physician assistant's | 21 | | supervising physician has delegated the provision of genetic | 22 | | testing or genetic counseling-related services, (iii) an | 23 | | advanced practice registered nurse who has a written | 24 | | collaborative agreement with a collaborating physician which | 25 | | authorizes the provision of genetic testing or genetic | 26 | | counseling-related health services, (iv) a licensed dentist, |
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| 1 | | (v) a licensed podiatrist, (vi) a licensed genetic counselor, | 2 | | or (vii) an individual certified to provide genetic testing by | 3 | | a state or local public health department. | 4 | | "Health care provider" has the meaning ascribed to it under | 5 | | HIPAA, as specified in 45 CFR 160.103. | 6 | | "Health facility" means a hospital, blood bank, blood | 7 | | center, sperm bank, or other health care institution, including | 8 | | any "health facility" as that term is defined in the Illinois | 9 | | Finance Authority Act. | 10 | | "Health information exchange" or "HIE" means a health | 11 | | information exchange or health information organization that | 12 | | exchanges health information electronically that (i) is | 13 | | established pursuant to the Illinois Health Information | 14 | | Exchange and Technology Act, or any subsequent amendments | 15 | | thereto, and any administrative rules promulgated thereunder; | 16 | | (ii) has established a data sharing arrangement with the | 17 | | Authority; or (iii) as of August 16, 2013, was designated by | 18 | | the Authority Board as a member of, or was represented on, the | 19 | | Authority Board's Regional Health Information Exchange | 20 | | Workgroup; provided that such designation
shall not require the | 21 | | establishment of a data sharing arrangement or other | 22 | | participation with the Illinois Health
Information Exchange or | 23 | | the payment of any fee. In certain circumstances, in accordance | 24 | | with HIPAA, an HIE will be a business associate. | 25 | | "Health oversight agency" has the meaning ascribed to it | 26 | | under HIPAA, as specified in 45 CFR 164.501. |
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| 1 | | "HIPAA" means the Health Insurance Portability and | 2 | | Accountability Act of 1996, Public Law 104-191, as amended by | 3 | | the Health Information Technology for Economic and Clinical | 4 | | Health Act of 2009, Public Law 111-05, and any subsequent | 5 | | amendments thereto and any regulations promulgated thereunder.
| 6 | | "Insurer" means (i) an entity that is subject to the | 7 | | jurisdiction of the Director of Insurance transacts an | 8 | | insurance business and (ii) a
managed care plan.
| 9 | | "Labor organization" includes any organization, labor | 10 | | union, craft union, or any voluntary unincorporated | 11 | | association designed to further the cause of the rights of | 12 | | union labor that is constituted for the purpose, in whole or in | 13 | | part, of collective bargaining or of dealing with employers | 14 | | concerning grievances, terms or conditions of employment, or | 15 | | apprenticeships or applications for apprenticeships, or of | 16 | | other mutual aid or protection in connection with employment, | 17 | | including apprenticeships or applications for apprenticeships. | 18 | | "Licensing agency" means a board, commission, committee, | 19 | | council, department, or officers, except a judicial officer, in | 20 | | this State or any political subdivision authorized to grant, | 21 | | deny, renew, revoke, suspend, annul, withdraw, or amend a | 22 | | license or certificate of registration. | 23 | | "Limited data set" has the meaning ascribed to it under | 24 | | HIPAA, as described in 45 CFR 164.514(e)(2). | 25 | | "Labor organization" includes any organization, labor | 26 | | union, craft union, or any voluntary unincorporated |
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| 1 | | association designed to further the cause of the rights of | 2 | | union labor that is constituted for the purpose, in whole or in | 3 | | part, of collective bargaining or of dealing with employers | 4 | | concerning grievances, terms or conditions of employment, or | 5 | | apprenticeships or applications for apprenticeships, or of | 6 | | other mutual aid or protection in connection with employment, | 7 | | including apprenticeships or applications for apprenticeships. | 8 | | "Managed care plan" means a plan that establishes, | 9 | | operates, or maintains a
network of health care providers that | 10 | | have entered into agreements with the
plan to provide health | 11 | | care services to enrollees where the plan has the
ultimate and | 12 | | direct contractual obligation to the enrollee to arrange for | 13 | | the
provision of or pay for services
through:
| 14 | | (1) organizational arrangements for ongoing quality | 15 | | assurance,
utilization review programs, or dispute | 16 | | resolution; or
| 17 | | (2) financial incentives for persons enrolled in the | 18 | | plan to use the
participating providers and procedures | 19 | | covered by the plan.
| 20 | | A managed care plan may be established or operated by any | 21 | | entity including
a licensed insurance company, hospital or | 22 | | medical service plan, health
maintenance organization, limited | 23 | | health service organization, preferred
provider organization, | 24 | | third party administrator, or an employer or employee
| 25 | | organization.
| 26 | | "Minimum necessary" means HIPAA's standard for using, |
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| 1 | | disclosing, and requesting protected health information found | 2 | | in 45 CFR 164.502(b) and 164.514(d). | 3 | | "Nontherapeutic purpose" means a purpose that is not | 4 | | intended to improve or preserve the life or health of the | 5 | | individual whom the information concerns. | 6 | | "Organized health care arrangement" has the meaning | 7 | | ascribed to it under HIPAA, as specified in 45 CFR 160.103. | 8 | | "Patient safety activities" has the meaning ascribed to it | 9 | | under 42 CFR 3.20. | 10 | | "Payment" has the meaning ascribed to it under HIPAA, as | 11 | | specified in 45 CFR 164.501. | 12 | | "Person" includes any natural person, partnership, | 13 | | association, joint venture, trust, governmental entity, public | 14 | | or private corporation, health facility, or other legal entity. | 15 | | "Protected health information" has the meaning ascribed to | 16 | | it under HIPAA, as specified in 45 CFR 164.103. | 17 | | "Research" has the meaning ascribed to it under HIPAA, as | 18 | | specified in 45 CFR 164.501. | 19 | | "State agency" means an instrumentality of the State of | 20 | | Illinois and any instrumentality of another state which | 21 | | pursuant to applicable law or a written undertaking with an | 22 | | instrumentality of the State of Illinois is bound to protect | 23 | | the privacy of genetic information of Illinois persons. | 24 | | "Treatment" has the meaning ascribed to it under HIPAA, as | 25 | | specified in 45 CFR 164.501. | 26 | | "Use" has the meaning ascribed to it under HIPAA, as |
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| 1 | | specified in 45 CFR 160.103, where context dictates. | 2 | | (Source: P.A. 95-927, eff. 1-1-09.)
| 3 | | (410 ILCS 513/20)
| 4 | | Sec. 20. Use of genetic testing information for insurance | 5 | | purposes.
| 6 | | (a) An insurer may not seek information derived from | 7 | | genetic testing for use
in connection with a policy of accident | 8 | | and health insurance. Except as
provided in subsection (c) (b) , | 9 | | an insurer that receives information derived from
genetic | 10 | | testing, regardless of the source of that information, may not | 11 | | use
the information for a nontherapeutic purpose as it
relates | 12 | | to a policy of accident and health insurance.
| 13 | | (b) An insurer shall not use or disclose protected health | 14 | | information that is genetic information for underwriting | 15 | | purposes. For purposes of this Section, "underwriting | 16 | | purposes" means, with respect to an insurer: | 17 | | (1) rules for, or determination of, eligibility | 18 | | (including enrollment and continued eligibility) for, or | 19 | | determination of, benefits under the plan, coverage, or | 20 | | policy (including changes in deductibles or other | 21 | | cost-sharing mechanisms in return for activities such as | 22 | | completing a health risk assessment or participating in a | 23 | | wellness program); | 24 | | (2) the computation of premium or contribution amounts | 25 | | under the plan, coverage, or policy (including discounts, |
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| 1 | | rebates, payments in kind, or other premium differential | 2 | | mechanisms in return for activities, such as completing a | 3 | | health risk assessment or participating in a wellness | 4 | | program); | 5 | | (3) the application of any pre-existing condition | 6 | | exclusion under the plan, coverage, or policy; and | 7 | | (4) other activities related to the creation, renewal, | 8 | | or replacement of a contract of health insurance or health | 9 | | benefits. | 10 | | "Underwriting purposes" does not include determinations of | 11 | | medical appropriateness where an individual seeks a benefit | 12 | | under the plan, coverage, or policy. | 13 | | This subsection (b) does not apply to insurers that are | 14 | | issuing a long-term care policy, excluding a nursing home fixed | 15 | | indemnity plan. | 16 | | (c) (b) An insurer may consider the results of genetic | 17 | | testing in connection
with a policy of accident and health | 18 | | insurance if the individual voluntarily
submits the results and | 19 | | the results are favorable to the individual.
| 20 | | (d) (c) An insurer that possesses information derived from | 21 | | genetic testing may
not release the information to a third | 22 | | party, except as specified in this Act Section
30 .
| 23 | | (Source: P.A. 92-430, eff. 8-17-01.)
| 24 | | (410 ILCS 513/25)
| 25 | | Sec. 25. Use of genetic testing information by employers.
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| 1 | | (a) An employer, employment agency, labor organization, | 2 | | and licensing agency shall treat genetic testing and genetic | 3 | | information in such a manner
that is consistent with the | 4 | | requirements of federal law, including but not
limited to the | 5 | | Genetic Information Nondiscrimination Act of 2008, the | 6 | | Americans with Disabilities Act, Title VII of the Civil Rights | 7 | | Act of 1964, the Family and Medical Leave Act of 1993, the | 8 | | Occupational Safety and Health Act of 1970, the Federal Mine | 9 | | Safety and Health Act of 1977, or the Atomic Energy Act of | 10 | | 1954.
| 11 | | (b) An employer may release genetic testing information | 12 | | only in accordance
with Sections 15 and 30 of this Act.
| 13 | | (c) An employer, employment agency, labor organization, | 14 | | and licensing agency shall not directly or indirectly do any of | 15 | | the following: | 16 | | (1) solicit, request, require or purchase genetic | 17 | | testing or genetic information of a person or a family | 18 | | member of the person, or administer a genetic test to a | 19 | | person or a family member of the person as a condition of | 20 | | employment, preemployment application, labor organization | 21 | | membership, or licensure; | 22 | | (2) affect the terms, conditions, or privileges of | 23 | | employment, preemployment application, labor organization | 24 | | membership, or licensure, or terminate the employment, | 25 | | labor organization membership, or licensure of any person | 26 | | because of genetic testing or genetic information with |
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| 1 | | respect to the employee or family member, or information | 2 | | about a request for or the receipt of genetic testing by | 3 | | such employee or family member of such employee; | 4 | | (3) limit, segregate, or classify employees in any way | 5 | | that would deprive or tend to deprive any employee of | 6 | | employment opportunities or otherwise adversely affect the | 7 | | status of the employee as an employee because of genetic | 8 | | testing or genetic information with respect to the employee | 9 | | or a family member, or information about a request for or | 10 | | the receipt of genetic testing or genetic information by | 11 | | such employee or family member of such employee; and | 12 | | (4) retaliate through discharge or in any other manner | 13 | | against any person alleging a violation of this Act or | 14 | | participating in any manner in a proceeding under this Act. | 15 | | (d) An agreement between a person and an employer,
| 16 | | prospective employer, employment agency, labor organization,
| 17 | | or licensing agency, or its employees, agents, or members
| 18 | | offering the person employment, labor organization membership,
| 19 | | licensure, or any pay or benefit in return for taking a genetic
| 20 | | test is prohibited. | 21 | | (e) An employer shall not use genetic information or
| 22 | | genetic testing in furtherance of a workplace wellness program
| 23 | | benefiting employees unless (1) health or genetic services are | 24 | | offered by the employer, (2) the employee provides written | 25 | | authorization and informed consent in accordance with Section | 26 | | 30 of this Act, (3) only the employee or family member if the |
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| 1 | | family member is receiving genetic services and the licensed | 2 | | health care professional or licensed genetic counselor | 3 | | involved in providing such services receive individually | 4 | | identifiable information concerning the results of such | 5 | | services, and (4) any individually identifiable information is | 6 | | only available for purposes of such services and shall not be | 7 | | disclosed to the employer except in aggregate terms that do not | 8 | | disclose the identity of specific employees. | 9 | | (f) Nothing in this Act shall be construed to prohibit | 10 | | genetic testing of an employee who requests a genetic test and
| 11 | | who provides written authorization and informed consent , in | 12 | | accordance with
Section 30 of this Act, from taking a genetic | 13 | | test for the
purpose of initiating a workers' compensation
| 14 | | claim under the Workers' Compensation Act. | 15 | | (g) A purchase of commercially and publicly available
| 16 | | documents, including newspapers, magazines, periodicals, and
| 17 | | books but not including medical databases or court records or
| 18 | | inadvertently requesting family medical history by an
| 19 | | employer, employment agency, labor organization, and licensing
| 20 | | agency does not violate this Act. | 21 | | (h) Nothing in this Act shall be construed to prohibit an | 22 | | employer that conducts DNA analysis for law enforcement | 23 | | purposes as a forensic laboratory and that includes such | 24 | | analysis in the Combined DNA Index System pursuant to the | 25 | | federal Violent Crime Control and Law Enforcement Act of 1994 | 26 | | from requesting or requiring genetic testing or genetic |
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| 1 | | information of such employer's employees, but only to the | 2 | | extent that such genetic testing or genetic information is used | 3 | | for analysis of DNA identification markers for quality control | 4 | | to detect sample contamination. | 5 | | (i) Nothing in this Act shall be construed to prohibit an | 6 | | employer from requesting or requiring genetic information to be | 7 | | used for genetic monitoring of the biological effects of toxic | 8 | | substances in the workplace, but only if (1) the employer | 9 | | provides written notice of the genetic monitoring to the | 10 | | employee; (2) the employee provides written authorization and | 11 | | informed consent under Section 30 of this Act or the genetic | 12 | | monitoring is required by federal or State law; (3) the | 13 | | employee is informed of individual monitoring results; (4) the | 14 | | monitoring is in compliance with any federal genetic monitoring | 15 | | regulations or State genetic monitoring regulations under the | 16 | | authority of the federal Occupational Safety and Health Act of | 17 | | 1970; and (5) the employer, excluding any health care provider, | 18 | | licensed health care professional , or health facility licensed | 19 | | genetic counselor that is involved in the genetic monitoring | 20 | | program, receives the results of the monitoring only in | 21 | | aggregate terms that do not disclose the identity of specific | 22 | | employees. | 23 | | (j) Despite lawful acquisition of genetic testing or | 24 | | genetic information under subsections (e) through (i) of this | 25 | | Section, an employer, employment agency, labor organization, | 26 | | and licensing agency still may not use or disclose the genetic |
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| 1 | | test or genetic information in violation of this Act. | 2 | | (k) Except as provided in subsections (e), (f), (h), and | 3 | | (i) of this Section, a person shall not knowingly sell to or | 4 | | interpret for an employer, employment agency, labor | 5 | | organization, or licensing agency, or its employees, agents, or | 6 | | members, a genetic test of an employee, labor organization | 7 | | member, or license holder, or of a prospective employee, | 8 | | member, or license holder. | 9 | | (Source: P.A. 95-927, eff. 1-1-09.)
| 10 | | (410 ILCS 513/30)
| 11 | | Sec. 30. Disclosure of person tested and test results.
| 12 | | (a) No person may disclose or be compelled to disclose the | 13 | | identity of any
person upon whom a genetic test is performed or | 14 | | the results of a genetic test
in a manner that permits | 15 | | identification of the subject of the test, except to
the | 16 | | following persons:
| 17 | | (1) The subject of the test or the subject's legally | 18 | | authorized
representative. This paragraph does not create | 19 | | a duty or obligation under
which a health care provider | 20 | | must notify the subject's spouse or legal guardian
of the | 21 | | test results, and no such duty or obligation shall be | 22 | | implied. No civil
liability or criminal sanction under this | 23 | | Act shall
be imposed for any disclosure or nondisclosure of | 24 | | a test result to a spouse by
a physician acting in good | 25 | | faith under this paragraph. For the purpose of any
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| 1 | | proceedings, civil or criminal, the good faith of any | 2 | | physician acting under
this paragraph shall be presumed.
| 3 | | (2) Any person designated in a specific written legally | 4 | | effective authorization for release release
of the test | 5 | | results executed by the subject of the test or the | 6 | | subject's
legally
authorized representative.
| 7 | | (3) An authorized agent or employee of a health | 8 | | facility or health care
provider if the health facility or | 9 | | health care provider itself is authorized to
obtain the | 10 | | test results, the agent or employee provides patient care, | 11 | | and the
agent or employee has a need to know the | 12 | | information in order to conduct the
tests or provide care | 13 | | or treatment.
| 14 | | (4) A health facility , or health care provider , or | 15 | | health care professional that procures, processes,
| 16 | | distributes, or uses:
| 17 | | (A) a human body part from a deceased person with | 18 | | respect to
medical information regarding that person; | 19 | | or
| 20 | | (B) semen provided prior to the effective date of | 21 | | this Act for the
purpose of artificial insemination.
| 22 | | (5) Health facility staff committees for the purposes | 23 | | of conducting
program
monitoring, program evaluation, or | 24 | | service reviews.
| 25 | | (6) In the case of a minor under 18 years of age, the | 26 | | health care provider , health care professional, or health |
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| 1 | | facility
who ordered the test shall make a reasonable | 2 | | effort to notify the minor's
parent or legal guardian if, | 3 | | in the professional judgment of the health care
provider, | 4 | | health care professional, or health facility, notification | 5 | | would be in the best interest of the minor and the
health | 6 | | care provider , health care professional, or health | 7 | | facility has first sought unsuccessfully to persuade the | 8 | | minor to
notify the parent or legal guardian or after a | 9 | | reasonable time after the minor
has agreed to notify the | 10 | | parent or legal guardian, the health care provider , health | 11 | | care professional, or health facility has
reason to believe | 12 | | that the minor has not made the notification. This | 13 | | paragraph
shall not
create a duty or obligation under which | 14 | | a health care provider , health care professional, or health | 15 | | facility must notify the
minor's parent or legal guardian | 16 | | of the test results, nor shall a duty or
obligation be | 17 | | implied. No civil liability or criminal sanction under this | 18 | | Act
shall be imposed for any notification or | 19 | | non-notification of a minor's test
result by a health care | 20 | | provider , health care professional, or health facility | 21 | | acting in good faith under this paragraph.
For the purpose | 22 | | of any proceeding, civil or criminal, the good faith of any
| 23 | | health care provider , health care professional, or health | 24 | | facility acting under this paragraph shall be presumed.
| 25 | | (b) (7) All information and records held by a State agency , | 26 | | or local health
authority , or health oversight agency |
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| 1 | | pertaining to genetic information shall be strictly | 2 | | confidential
and
exempt from copying and inspection under the | 3 | | Freedom of Information Act. The
information and records shall | 4 | | not be released or made public by the State
agency , or local | 5 | | health authority , or health oversight agency and shall not be | 6 | | admissible as evidence nor
discoverable in any action of any | 7 | | kind in any court or before any tribunal,
board, agency, or | 8 | | person and shall be treated in the same manner as the
| 9 | | information and those records subject to the provisions of Part | 10 | | 21 of
Article VIII of
the Code
of Civil Procedure except under | 11 | | the following circumstances:
| 12 | | (A) when made with the written consent of all | 13 | | persons to whom the
information pertains;
| 14 | | (B) when authorized by Section 5-4-3 of the Unified | 15 | | Code of Corrections;
| 16 | | (C) when made for the sole purpose of implementing | 17 | | the Newborn Metabolic Screening
Act and rules; or
| 18 | | (D) when made under the authorization of the | 19 | | Illinois Parentage Act of
1984.
| 20 | | Disclosure shall be limited to those who have a need to | 21 | | know the information,
and no additional disclosures may be | 22 | | made.
| 23 | | (c) (b) Disclosure by an insurer in accordance with the | 24 | | requirements of the
Article XL of the Illinois Insurance Code | 25 | | shall be deemed compliance with this
Section.
| 26 | | (Source: P.A. 96-328, eff. 8-11-09.)
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| 1 | | (410 ILCS 513/31 new) | 2 | | Sec. 31. Uses and disclosures for treatment, payment, and | 3 | | health care operations. Notwithstanding Sections 30 and 35 of | 4 | | this Act, a covered entity may, without a patient's consent: | 5 | | (1) use or disclose genetic information for its own | 6 | | treatment, payment, or health care operations; | 7 | | (2) disclose genetic information for treatment activities | 8 | | of a health care provider; | 9 | | (3) disclose genetic information to another covered entity | 10 | | or health care provider for the payment activities of the | 11 | | entity that receives the information; | 12 | | (4)
disclose genetic information to another covered entity | 13 | | for health care operations activities of the entity that | 14 | | receives the information, if each entity has or had a | 15 | | relationship with the individual who is the subject of the | 16 | | genetic information being requested, the genetic information | 17 | | pertains to such relationship, and the disclosure is for the | 18 | | purpose of (A) conducting quality assessment and improvement | 19 | | activities, including outcomes evaluation and development of | 20 | | clinical guidelines, provided that the obtaining of | 21 | | generalizable knowledge is not the primary purpose of any | 22 | | studies resulting from such activities; patient safety | 23 | | activities; population-based activities relating to improving | 24 | | health or reducing health care costs, protocol development, | 25 | | case management, and care coordination, contacting of health |
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| 1 | | care providers
and patients with information about treatment | 2 | | alternatives; and related functions that do not include | 3 | | treatment; (B) reviewing the competence or qualifications of | 4 | | health care professionals, evaluating practitioner and | 5 | | provider performance, health plan performance, conducting | 6 | | training programs in which students, trainees, or | 7 | | practitioners in areas of health care learn under supervision | 8 | | to practice or improve their skills as health care providers, | 9 | | training of non-health care professionals, accreditation, | 10 | | certification, licensing, or credentialing activities; or (C) | 11 | | health care fraud and abuse detection or compliance; and | 12 | | (5) disclose genetic information to other participants in | 13 | | an organized health care arrangement in which the covered | 14 | | entity is also a participant for any health care operations | 15 | | activities of the organized health care arrangement. | 16 | | (410 ILCS 513/31.1 new) | 17 | | Sec. 31.1. Uses and disclosures for health oversight | 18 | | activities. | 19 | | (a) Notwithstanding Sections 30 and 35 of this Act, a | 20 | | covered entity may disclose genetic information, without a | 21 | | patient's consent, to a health oversight agency for health | 22 | | oversight activities authorized by law, including audits, | 23 | | civil, administrative, or criminal investigations; | 24 | | inspections; licensure or disciplinary actions; civil | 25 | | administrative or criminal proceedings or actions; or other |
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| 1 | | activities necessary for appropriate oversight of (i) the | 2 | | health care system; (ii) government benefit programs for which | 3 | | health information is relevant to beneficiary eligibility; | 4 | | (iii) entities subject to government regulatory programs for | 5 | | which health information is necessary for determining | 6 | | compliance with program standards; or (iv) entities subject to | 7 | | civil rights laws for which health information is necessary for | 8 | | determining compliance. | 9 | | (b) For purposes of the disclosures permitted by this | 10 | | Section, a health oversight activity does not include an | 11 | | investigation or other activity in which the individual is the | 12 | | subject of the investigation or activity and such investigation | 13 | | or other activity does not arise out of and is not directly | 14 | | related to (i) the receipt of health care; (ii) a claim for | 15 | | public benefits related to health; or (iii) qualification for, | 16 | | or receipt of, public benefits or services when a patient's | 17 | | health is integral to the claim for public benefits or | 18 | | services, except that, if a health oversight activity or | 19 | | investigation is conducted in conjunction with an oversight | 20 | | activity or investigation relating to a claim for public | 21 | | benefits not related to health, the joint activity or | 22 | | investigation is considered a health oversight activity for | 23 | | purposes of this Section. | 24 | | (c) If a covered entity is also a health oversight agency, | 25 | | the covered entity may use genetic information for health | 26 | | oversight activities permitted by this Section. |
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| 1 | | (410 ILCS 513/31.2 new) | 2 | | Sec. 31.2. Uses and disclosures for public health | 3 | | activities. Notwithstanding Sections 30 and 35 of this Act, | 4 | | genetic information may be disclosed without a patient's | 5 | | consent for public health activities and purposes to the | 6 | | Department, when the Department is authorized by law to collect | 7 | | or receive such information for the purpose of preventing or | 8 | | controlling disease, injury, or disability, including, but not | 9 | | limited to, the reporting of disease, injury, vital events such | 10 | | as birth or death, and the conduct of public health | 11 | | surveillance, public health investigations, and public health | 12 | | interventions. | 13 | | (410 ILCS 513/31.3 new) | 14 | | Sec. 31.3. Business associates. | 15 | | (a) Notwithstanding Sections 30 and 35 of this Act, a | 16 | | covered entity may, without a patient's consent, disclose a | 17 | | patient's genetic information to a business associate and may | 18 | | allow a business associate to create, receive, maintain, or | 19 | | transmit protected health information on its behalf, if the | 20 | | covered entity obtains, through a written contract or other | 21 | | written agreement or arrangement that meets the applicable | 22 | | requirements of 45 CFR 164.504(e), satisfactory assurance that | 23 | | the business associate will appropriately safeguard the | 24 | | information. A covered entity is not required to obtain such |
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| 1 | | satisfactory assurances from a business associate that is a | 2 | | subcontractor. | 3 | | (b) A business associate may disclose protected health | 4 | | information to a business associate that is a subcontractor and | 5 | | may allow the subcontractor to create, receive, maintain, or | 6 | | transmit protected health information on its behalf, if the | 7 | | business associate obtains satisfactory assurances, in | 8 | | accordance with 45 CFR 164.504(e)(1)(i), that the | 9 | | subcontractor will appropriately safeguard the information. | 10 | | (410 ILCS 513/31.4 new) | 11 | | Sec. 31.4. Record locator service to support HIE. Section | 12 | | 9.9 of the Mental Health and Developmental Disabilities | 13 | | Confidentiality Act is herein incorporated by reference. | 14 | | (410 ILCS 513/31.5 new) | 15 | | Sec. 31.5. Use and disclosure of information to an HIE.
| 16 | | Notwithstanding the provisions of Section 30 and 35 of this | 17 | | Act, a covered entity may, without a patient's consent, | 18 | | disclose the identity of any patient upon whom a test is | 19 | | performed and such patient's genetic information from a | 20 | | patient's record to a HIE if the disclosure is a required or | 21 | | permitted disclosure to a business associate or is a disclosure | 22 | | otherwise required or permitted under this Act. An HIE may, | 23 | | without a patient's consent, use or disclose such information | 24 | | to the extent it is allowed to use or disclose such information |
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| 1 | | as a business associate in compliance with 45 CFR 164.502(e) or | 2 | | for such other purposes as are specifically allowed under this | 3 | | Act. | 4 | | (410 ILCS 513/31.6 new) | 5 | | Sec. 31.6. Other disclosures. Nothing in this Act shall be | 6 | | construed (1) to limit the use of an HIE to facilitate | 7 | | disclosures permitted by this Act or (2) to allow for the | 8 | | disclosure of information from a patient's record to law | 9 | | enforcement or for law enforcement purposes. | 10 | | (410 ILCS 513/31.7 new) | 11 | | Sec. 31.7. Establishment and disclosure of limited data | 12 | | sets and de-identified information. | 13 | | (a) A covered entity may, without a genetic information | 14 | | test subject's consent, create, use, and disclose a limited | 15 | | data set using information subject to this Act or disclose | 16 | | information subject to this Act to a business associate for the | 17 | | purpose of establishing a limited data set. The creation, use, | 18 | | and disclosure of such a limited data set must comply with the | 19 | | requirements set forth under HIPAA. | 20 | | (b) A covered entity may, without a genetic information | 21 | | test subject's consent, create, use, and disclose | 22 | | de-identified information using information subject to this | 23 | | Act or disclose information subject to this Act to a business | 24 | | associate for the purpose of de-identifying the information. |
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| 1 | | The creation, use, and disclosure of such de-identified | 2 | | information must comply with the requirements set forth under | 3 | | HIPAA. A covered entity or a business associate may disclose | 4 | | information that is de-identified in accordance with HIPAA. | 5 | | (c) The recipient of de-identified information shall not | 6 | | re-identify de-identified information using any public or | 7 | | private data source. | 8 | | (410 ILCS 513/31.8 new) | 9 | | Sec. 31.8. HIE opt out. Section 9.6 of the Mental Health | 10 | | and Developmental Disabilities Confidentiality Act is | 11 | | incorporated herein by reference. In addition to the | 12 | | requirements set out in Section 9.6 of the Mental Health and | 13 | | Developmental Disabilities Confidentiality Act, at the time of | 14 | | a patient's first encounter for genetic testing with a health | 15 | | care provider, health care professional, or health facility | 16 | | that participates in an HIE, or, in the event of a medical | 17 | | emergency that makes it impossible, as soon thereafter as is | 18 | | practicable, the patient shall receive meaningful disclosure | 19 | | regarding the HIE in which the health care provider, health | 20 | | care professional, or health facility participates and shall be | 21 | | afforded an opportunity to opt out of disclosure of the | 22 | | patient's health information through the HIE. | 23 | | (410 ILCS 513/31.9 new) | 24 | | Sec. 31.9. Research. Genetic information may be disclosed |
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| 1 | | for research, in accordance with the requirements set forth | 2 | | under HIPAA. | 3 | | (410 ILCS 513/31.10 new) | 4 | | Sec. 31.10. Minimum necessary. When using or disclosing | 5 | | genetic-related information under this Act, a covered entity | 6 | | shall do so in accordance with the minimum necessary standard | 7 | | under HIPAA.
| 8 | | (410 ILCS 513/35)
| 9 | | Sec. 35. Disclosure by person to whom results have been | 10 | | disclosed. No
person to whom the results of a test have been | 11 | | disclosed
may disclose the test results to another person | 12 | | except as authorized under this Act
by Section 30 .
| 13 | | (Source: P.A. 90-25, eff. 1-1-98.)
| 14 | | (410 ILCS 513/40)
| 15 | | Sec. 40. Right of action.
| 16 | | (a) Any person aggrieved by a violation of this
Act
shall | 17 | | have a right of action in a State
circuit court or as a | 18 | | supplemental claim in a federal district court against an | 19 | | offending party. A prevailing party may recover for each | 20 | | violation:
| 21 | | (1) Against any party who negligently violates a | 22 | | provision of this Act,
liquidated damages of $2,500 or
| 23 | | actual damages, whichever is greater.
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| 1 | | (2) Against any party who intentionally or recklessly | 2 | | violates a
provision of this Act, liquidated
damages of | 3 | | $15,000 or actual damages, whichever is greater.
| 4 | | (3) Reasonable attorney's fees and costs, including | 5 | | expert witness fees and other litigation expenses.
| 6 | | (4) Such other relief, including an injunction, as the | 7 | | State or federal court may deem
appropriate.
| 8 | | (b) Article XL of the Illinois Insurance Code shall provide | 9 | | the exclusive
remedy for violations of Section 30 by insurers.
| 10 | | (c) Notwithstanding any provisions of the law to the
| 11 | | contrary, any person alleging a violation of subsection (a) of | 12 | | Section 15, subsection (b)
of Section 25, Section 30, Section | 13 | | 31, or Section 35 of this Act shall have a right of action in a
| 14 | | State circuit court or as a supplemental claim in a federal
| 15 | | district court to seek a preliminary injunction preventing the
| 16 | | release or disclosure of genetic testing or genetic information
| 17 | | pending the final resolution of any action under this Act. | 18 | | (Source: P.A. 95-927, eff. 1-1-09.)
| 19 | | Section 20. The Unified Code of Corrections is amended by | 20 | | changing Sections 3-8-2 and 3-10-2 as follows:
| 21 | | (730 ILCS 5/3-8-2) (from Ch. 38, par. 1003-8-2)
| 22 | | Sec. 3-8-2. Social Evaluation; physical examination; | 23 | | HIV/AIDS. | 24 | | (a) A social evaluation shall be made of a
committed |
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| 1 | | person's medical, psychological, educational and vocational | 2 | | condition
and history, including the use of alcohol and other | 3 | | drugs, the
circumstances of his offense, and such other | 4 | | information as the Department
may determine. The committed | 5 | | person shall be assigned to an institution or
facility in so | 6 | | far as practicable in accordance with the social evaluation.
| 7 | | Recommendations shall be made for medical, dental, | 8 | | psychiatric,
psychological and social service treatment.
| 9 | | (b) A record of the social evaluation shall be entered in | 10 | | the committed
person's master record file and shall be | 11 | | forwarded to the institution or
facility to which the person is | 12 | | assigned.
| 13 | | (c) Upon admission to a correctional institution each | 14 | | committed person
shall be given a physical examination. If he | 15 | | is suspected of having a
communicable disease that in the | 16 | | judgment of the Department medical
personnel requires medical | 17 | | isolation, the committed person shall remain in
medical | 18 | | isolation until it is no longer deemed medically necessary. | 19 | | (d) Upon arrival at a reception and classification center | 20 | | or an inmate's final destination, the Department must provide | 21 | | the committed person with appropriate information in writing, | 22 | | verbally, by video or other electronic means concerning HIV and | 23 | | AIDS. The Department shall develop the informational materials | 24 | | in consultation with the Department of Public Health. At the | 25 | | same time, the Department also must offer the
committed person | 26 | | the option of being tested, with no copayment, for infection |
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| 1 | | with human immunodeficiency virus (HIV). Pre-test information | 2 | | shall be provided to the committed person and informed consent | 3 | | obtained as required in subsection (q) (d) of Section 3 and | 4 | | Section 5 of the AIDS Confidentiality Act. The Department may | 5 | | conduct opt-out HIV testing as defined in Section 4 of the AIDS | 6 | | Confidentiality Act. If the Department conducts opt-out HIV | 7 | | testing, the Department shall place signs in English, Spanish | 8 | | and other languages as needed in multiple, highly visible | 9 | | locations in the area where HIV testing is conducted informing | 10 | | inmates that they will be tested for HIV unless they refuse, | 11 | | and refusal or acceptance of testing shall be documented in the | 12 | | inmate's medical record. The Department shall follow | 13 | | procedures established by the Department of Public Health to | 14 | | conduct HIV testing and testing to confirm positive HIV test | 15 | | results. All testing must be conducted by medical personnel, | 16 | | but pre-test and other information may be provided by committed | 17 | | persons who have received appropriate training. The | 18 | | Department, in conjunction with the Department of Public | 19 | | Health, shall develop a plan that complies with the AIDS | 20 | | Confidentiality Act to deliver confidentially all positive or | 21 | | negative HIV test results to inmates or former inmates. Nothing | 22 | | in this Section shall require the Department to offer HIV | 23 | | testing to an inmate who is known to be infected with HIV, or | 24 | | who has been tested for HIV within the previous 180 days and | 25 | | whose documented HIV test result is available to the Department | 26 | | electronically. The
testing provided under this subsection (d) |
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| 1 | | shall consist of a test approved by the Illinois Department of | 2 | | Public Health to determine the presence of HIV infection, based | 3 | | upon recommendations of the United States Centers for Disease | 4 | | Control and Prevention. If the test result is positive, a | 5 | | reliable supplemental test based upon recommendations of the | 6 | | United States Centers for Disease Control and Prevention shall | 7 | | be
administered.
| 8 | | (Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11; | 9 | | 97-813, eff. 7-13-12.)
| 10 | | (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
| 11 | | Sec. 3-10-2. Examination of Persons Committed to the | 12 | | Department of Juvenile Justice.
| 13 | | (a) A person committed to the Department of Juvenile | 14 | | Justice shall be examined in
regard to his medical, | 15 | | psychological, social, educational and vocational
condition | 16 | | and history, including the use of alcohol and other drugs,
the | 17 | | circumstances of his offense and any other
information as the | 18 | | Department of Juvenile Justice may determine.
| 19 | | (a-5) Upon admission of a person committed to the | 20 | | Department of Juvenile Justice, the Department of Juvenile | 21 | | Justice must provide the person with appropriate information | 22 | | concerning HIV and AIDS in writing, verbally, or by video or | 23 | | other electronic means. The Department of Juvenile Justice | 24 | | shall develop the informational materials in consultation with | 25 | | the Department of Public Health. At the same time, the |
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| 1 | | Department of Juvenile Justice also must offer the person the | 2 | | option of being tested, at no charge to the person, for | 3 | | infection with human immunodeficiency virus (HIV). Pre-test | 4 | | information shall be provided to the committed person and | 5 | | informed consent obtained as required in subsection (q) (d) of | 6 | | Section 3 and Section 5 of the AIDS Confidentiality Act. The | 7 | | Department of Juvenile Justice may conduct opt-out HIV testing | 8 | | as defined in Section 4 of the AIDS Confidentiality Act. If the | 9 | | Department conducts opt-out HIV testing, the Department shall | 10 | | place signs in English, Spanish and other languages as needed | 11 | | in multiple, highly visible locations in the area where HIV | 12 | | testing is conducted informing inmates that they will be tested | 13 | | for HIV unless they refuse, and refusal or acceptance of | 14 | | testing shall be documented in the inmate's medical record. The | 15 | | Department shall follow procedures established by the | 16 | | Department of Public Health to conduct HIV testing and testing | 17 | | to confirm positive HIV test results. All testing must be | 18 | | conducted by medical personnel, but pre-test and other | 19 | | information may be provided by committed persons who have | 20 | | received appropriate training. The Department, in conjunction | 21 | | with the Department of Public Health, shall develop a plan that | 22 | | complies with the AIDS Confidentiality Act to deliver | 23 | | confidentially all positive or negative HIV test results to | 24 | | inmates or former inmates. Nothing in this Section shall | 25 | | require the Department to offer HIV testing to an inmate who is | 26 | | known to be infected with HIV, or who has been tested for HIV |
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| 1 | | within the previous 180 days and whose documented HIV test | 2 | | result is available to the Department electronically. The
| 3 | | testing provided under this subsection (a-5) shall consist of a | 4 | | test approved by the Illinois Department of Public Health to | 5 | | determine the presence of HIV infection, based upon | 6 | | recommendations of the United States Centers for Disease | 7 | | Control and Prevention. If the test result is positive, a | 8 | | reliable supplemental test based upon recommendations of the | 9 | | United States Centers for Disease Control and Prevention shall | 10 | | be
administered. | 11 | | Also upon admission of a person committed to the Department | 12 | | of Juvenile Justice, the Department of Juvenile Justice must | 13 | | inform the person of the Department's obligation to provide the | 14 | | person with medical care.
| 15 | | (b) Based on its examination, the Department of Juvenile | 16 | | Justice may exercise the following
powers in developing a | 17 | | treatment program of any person committed to the Department of | 18 | | Juvenile Justice:
| 19 | | (1) Require participation by him in vocational, | 20 | | physical, educational
and corrective training and | 21 | | activities to return him to the community.
| 22 | | (2) Place him in any institution or facility of the | 23 | | Department of Juvenile Justice.
| 24 | | (3) Order replacement or referral to the Parole and | 25 | | Pardon Board as
often as it deems desirable. The Department | 26 | | of Juvenile Justice shall refer the person to the
Parole |
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| 1 | | and Pardon Board as required under Section 3-3-4.
| 2 | | (4) Enter into agreements with the Secretary of Human | 3 | | Services and
the Director of Children and Family
Services, | 4 | | with courts having probation officers, and with private | 5 | | agencies
or institutions for separate care or special | 6 | | treatment of persons subject
to the control of the | 7 | | Department of Juvenile Justice.
| 8 | | (c) The Department of Juvenile Justice shall make periodic | 9 | | reexamination of all persons
under the control of the | 10 | | Department of Juvenile Justice to determine whether existing
| 11 | | orders in individual cases should be modified or continued. | 12 | | This
examination shall be made with respect to every person at | 13 | | least once
annually.
| 14 | | (d) A record of the treatment decision including any | 15 | | modification
thereof and the reason therefor, shall be part of | 16 | | the committed person's
master record file.
| 17 | | (e) The Department of Juvenile Justice shall by certified | 18 | | mail, return receipt requested,
notify the parent, guardian or | 19 | | nearest relative of any person committed to
the Department of | 20 | | Juvenile Justice of his physical location and any change | 21 | | thereof.
| 22 | | (Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11; | 23 | | 97-813, eff. 7-13-12.)
| 24 | | Section 25. The County Jail Act is amended by changing | 25 | | Section 17.10 as follows: |
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| 1 | | (730 ILCS 125/17.10) | 2 | | Sec. 17.10. Requirements in connection with HIV/AIDS. | 3 | | (a) In each county other than Cook, during the medical | 4 | | admissions exam, the warden of the jail, a correctional officer | 5 | | at the jail, or a member of the jail medical staff must provide | 6 | | the prisoner with appropriate written information concerning | 7 | | human immunodeficiency virus (HIV) and acquired | 8 | | immunodeficiency syndrome (AIDS). The Department of Public | 9 | | Health and community-based organizations certified to provide | 10 | | HIV/AIDS testing must provide these informational materials to | 11 | | the warden at no cost to the county. The warden, a correctional | 12 | | officer, or a member of the jail medical staff must inform the | 13 | | prisoner of the option of being tested for infection with HIV | 14 | | by a certified local community-based agency or other available | 15 | | medical provider at no charge to the prisoner. | 16 | | (b) In Cook County, during the medical admissions exam, an | 17 | | employee of the Cook County Health & Hospitals System must | 18 | | provide the prisoner with appropriate information in writing, | 19 | | verbally or by video or other electronic means concerning human | 20 | | immunodeficiency virus (HIV) and acquired immunodeficiency | 21 | | syndrome (AIDS) and must also provide the prisoner with option | 22 | | of testing for infection with HIV or any other identified | 23 | | causative agent of AIDS, as well as counseling in connection | 24 | | with such testing. The Cook County Health & Hospitals System | 25 | | may provide the inmate with opt-out human immunodeficiency |
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| 1 | | virus (HIV) testing, as defined in Section 4 of the AIDS | 2 | | Confidentiality Act, unless the inmate refuses. If opt-out HIV | 3 | | testing is conducted, the Cook County Health & Hospitals System | 4 | | shall place signs in English, Spanish, and other languages as | 5 | | needed in multiple, highly visible locations in the area where | 6 | | HIV testing is conducted informing inmates that they will be | 7 | | tested for HIV unless they refuse, and refusal or acceptance of | 8 | | testing shall be documented in the inmate's medical record. | 9 | | Pre-test information shall be provided to the inmate and | 10 | | informed consent obtained from the inmate as required in | 11 | | subsection (q) (d) of Section 3 and Section 5 of the AIDS | 12 | | Confidentiality Act. The Cook County Health & Hospitals System | 13 | | shall follow procedures established by the Department of Public | 14 | | Health to conduct HIV testing and testing to confirm positive | 15 | | HIV test results. All aspects of HIV testing shall comply with | 16 | | the requirements of the AIDS Confidentiality Act, including | 17 | | delivery of test results, as determined by the Cook County | 18 | | Health & Hospitals System in consultation with the Illinois | 19 | | Department of Public Health. Nothing in this Section shall | 20 | | require the Cook County Health & Hospitals System to offer HIV | 21 | | testing to inmates who are known to be infected with HIV. The | 22 | | Department of Public Health and community-based organizations | 23 | | certified to provide HIV/AIDS testing may provide these | 24 | | informational materials to the Bureau at no cost to the county. | 25 | | The testing provided under this subsection (b) shall consist of | 26 | | a test approved by the Illinois Department of Public Health to |
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| 1 | | determine the presence of HIV infection, based upon | 2 | | recommendations of the United States Centers for Disease | 3 | | Control and Prevention. If the test result is positive, a | 4 | | reliable supplemental test based upon recommendations of the | 5 | | United States Centers for Disease Control and Prevention shall | 6 | | be administered. | 7 | | (c) In each county, the warden of the jail must make | 8 | | appropriate written information concerning HIV/AIDS available | 9 | | to every visitor to the jail. This information must include | 10 | | information concerning persons or entities to contact for local | 11 | | counseling and testing. The Department of Public Health and | 12 | | community-based organizations certified to provide HIV/AIDS | 13 | | testing must provide these informational materials to the | 14 | | warden at no cost to the office of the county sheriff. | 15 | | (d) Implementation of this Section is subject to | 16 | | appropriation.
| 17 | | (Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11; | 18 | | 97-813, eff. 7-13-12.) |
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