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