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HB1254 Enrolled |
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LRB095 09220 JAM 29413 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the |
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| Illinois Health Information Network Act. |
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| Section 5. Establishment of the Illinois Health |
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| Information Network.
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| (a) In order to advance the effective implementation and |
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| use of electronic health records through public-private |
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| partnerships, the Illinois Department of Public Health shall |
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| establish a not-for-profit corporation, by November 1, 2007, |
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| under the General Not For Profit Corporation Act of 1986 that |
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| shall be known as the Illinois Health Information Network, or |
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| ILHIN. |
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| (b) The primary mission of ILHIN shall be the following: |
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| (1) To establish a state-level health information |
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| exchange to facilitate the sharing of health information |
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| among health care providers within Illinois and beyond in |
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| other states; and |
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| (2) To foster the widespread adoption of electronic |
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| health records, personal health records, and health |
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| information exchange by health care providers and the |
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| general public. |
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HB1254 Enrolled |
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| (c) ILHIN shall be governed by a board of directors as |
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| specified in Section 15 of this Act, with the rights, titles, |
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| powers, privileges, and obligations provided for in the General |
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| Not For Profit Corporation Act of 1986. |
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| (d) Subject to the availability of public or private funds, |
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| the board of directors may employ an executive director, other |
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| staff, or independent contractors necessary to perform its |
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| duties as specified in Section 10 and to fix their |
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| compensation, benefits, terms, and conditions of their |
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| employment.
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| Section 10. Powers and duties of the Illinois Health |
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| Information Network.
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| (a) ILHIN shall plan for the creation of a state-level |
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| health information exchange using a federated model wherein |
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| patient electronic health records are stored, maintained, and |
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| updated by the treating health care provider, but access to key |
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| health data is provided to other providers of the patient, with |
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| patient consent if the patient is able to give consent, through |
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| secure interoperable record locator technology; provided that |
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| ILHIN may develop alternative or additional approaches to |
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| health information exchange to respond to advances in |
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| technology or the experiences of other states. To the extent |
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| possible, technical specifications and technology adopted by |
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| ILHIN for the state-level health information exchange shall |
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| have been tested in another state or states. |
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| (b) ILHIN shall establish minimum standards for accessing |
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| the state-level health information exchange by health care |
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| providers and researchers in order to ensure security and |
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| confidentiality protections for patient information, |
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| consistent with applicable federal and State standards. ILHIN |
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| shall have the authority to suspend or terminate rights to |
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| participate in the health information exchange in case of |
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| non-compliance or failure to act, with respect to applicable |
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| standards, in the best interests of patients, participants of |
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| ILHIN, and the public. |
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| (c) ILHIN shall identify barriers to the adoption of |
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| electronic health record systems by health care providers, |
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| including conducting, facilitating, or coordinating research |
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| on the rates and patterns of dissemination and use of |
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| electronic health record systems throughout the State. To |
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| address gaps in statewide implementation, ILHIN may, through |
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| staff or consultant support, contracts, grants, or loans, offer |
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| technical assistance, training, and financial assistance, as |
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| available and in accordance with federal law, to health care |
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| providers or associations representing health care providers, |
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| with priority given to providers serving a significant |
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| percentage of uninsured patients and patients in medically |
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| underserved or rural areas. |
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| (d) ILHIN shall educate the general public on the benefits |
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| of electronic health records, personal health records, and the |
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| safeguards available to prevent disclosure of personal health |
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LRB095 09220 JAM 29413 b |
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| information. |
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| (e) ILHIN may appoint or designate a federally qualified |
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| institutional review board to review and approve requests for |
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| research in order to ensure compliance with standards and |
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| patient privacy protections as specified in subsection (b) of |
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| this Section. |
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| (f) ILHIN may solicit grants, loans, contributions, or |
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| appropriations from public or private sources and may enter |
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| into any contracts, grants, loans, or agreements with respect |
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| to the use of such funds to fulfill its duties under this Act. |
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| No debt or obligation of ILHIN shall become the debt or |
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| obligation of the State. |
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| (g) ILHIN may determine, charge, and collect any fees, |
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| charges, costs, and expenses from any person or provider that |
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| uses the ILHIN, the health information exchange, or any |
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| electronic transaction in connection with its duties under this |
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| Act. |
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| (h) The Illinois Department of Public Health may authorize |
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| ILHIN to collect de-identified health data from health care |
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| providers in a central repository for public health purposes |
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| and identified data for the use of the Department or other |
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| State agencies specifically to fulfill their state |
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| responsibilities. Any identified data so collected shall be |
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| privileged and confidential in accordance with Sections |
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| 8-2101, 8-2102, 8-2103, 8-2104, and 8-2105 of the Code of Civil |
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| Procedure and shall be exempt from the provisions of the |
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HB1254 Enrolled |
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LRB095 09220 JAM 29413 b |
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| Freedom of Information Act. |
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| (i) The Illinois Department of Public Health may authorize |
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| ILHIN to make de-identified data available to health care |
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| providers and other organizations for the purpose of analyzing |
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| data related to health disparities, chronic illnesses, quality |
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| performance measurers, and other health care related issues. |
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| (j) ILHIN shall coordinate with the Illinois Department of |
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| Public Health with respect to the Governor's 2006 Executive |
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| Order 8 that, among other matters, encourages all health care |
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| providers to use electronic prescribing programs by 2011, to |
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| evaluate areas in need of enhanced technology to support |
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| e-prescribing programs, and to determine the technology needed |
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| to implement e-prescribing programs.
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| Section 15. Governance of the Illinois Health Information |
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| Network.
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| (a) ILHIN shall be governed by a 31-member board of |
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| directors, which shall be comprised of the following: |
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| (1) The Directors of Public Health and of Healthcare |
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| and Family Services and the Secretary of Human Services, or |
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| their designees. |
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| (2) The Regional Administrator, or his or her designee, |
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| of Region 5, Center for Medicare and Medicaid Services, |
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| U.S. Department of Health and Human Services. |
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| (3) Three hospital administrators or 2 hospital |
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| administrators and a statewide hospital association |
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| representative, including one hospital administrator from |
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| a small rural hospital. |
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| (4) Five physicians, including a primary care |
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| physician, a specialist, and one each from a small group |
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| practice, a rural practice, and a multi-specialty clinic, |
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| independent of other appointments in this Section who might |
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| also be physicians. |
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| (5) Three representatives of payers, including the |
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| largest health insurance company serving Illinois, a large |
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| commercial insurer, and a local payer. |
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| (6) Two representatives of employers, including a |
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| self-insured employer and an employer recommended by an |
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| employer trade organization that represents a broad base of |
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| employers in the State. |
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| (7) Three pharmacists, including one employed by a |
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| large chain, one independent pharmacist, and one employed |
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| by a health care institution or a consultant pharmacist to |
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| health care organizations. |
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| (8) Two representatives of federally qualified health |
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| centers as defined in Section 1905 (l)(2)(B) of the Social |
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| Security Act, one of whom is from a center in an |
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| association that represents a broad base of federally |
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| qualified health centers throughout the State. |
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| (9) Two long-term care facility administrators, |
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| including one from a facility in an organization of 5 or |
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| more facilities located throughout the State and one from |
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HB1254 Enrolled |
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LRB095 09220 JAM 29413 b |
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| an independently-owned facility. |
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| (10) One administrator of a home health agency. |
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| (11) One administrator of a mental health clinic or |
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| facility. |
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| (12) One administrator of a diagnostic center. |
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| (13) One nurse. |
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| (14) Three consumers. |
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| (b) The 27 non-governmental board members shall be |
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| appointed by the Governor with the consent of the Senate to |
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| 3-year staggered terms as determined by the Governor. Persons |
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| may be nominated by generally recognized statewide |
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| organizations representing hospitals, physicians, nurses, |
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| consumers, third-party payers, pharmacists, federally |
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| qualified health centers, long-term care facilities, |
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| laboratories, mental health clinics, and home health agencies. |
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| Initial nominees shall be submitted by the Governor to the |
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| Senate for its consideration by no later than January 1, 2008. |
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| (c) The ILHIN board of directors shall elect its presiding |
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| officer from among its members and may elect or appoint an |
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| executive committee, other committees, and subcommittees to |
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| conduct the business of the organization.
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| Section 20. Health information systems maintained by State |
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| agencies. |
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(a) By no later than January 1, 2015, each State agency |
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| that implements, acquires, or upgrades health information |
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HB1254 Enrolled |
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LRB095 09220 JAM 29413 b |
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| technology systems used for the direct exchange of health |
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| information between agencies and with non-State entities shall |
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| use health information technology systems and products that |
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| meet minimum standards adopted by ILHIN for accessing the |
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| state-level health information exchange. |
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| (b) In order to provide ILHIN with start-up capabilities to |
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| assist in the development of the state-level health information |
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| exchange, the Department of Public Health is authorized to |
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| transfer or license the assets of a State pilot program known |
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| as the Illinois Health Network to ILHIN as soon as is |
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| practicable.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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