Illinois General Assembly - Full Text of HB4611
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Full Text of HB4611  102nd General Assembly

HB4611 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4611

 

Introduced 1/21/2022, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Vaccination Information Privacy Act. Provides that no individual in possession of the vaccine information of another may release such information unless it is in accordance with specified provisions. Provides that, except in specified circumstances, vaccine information shall not be admissible as evidence nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or person pursuant to specified provisions of the Code of Civil Procedure. Provides that no person may disclose or be compelled to disclose vaccine information except to specified persons. Provides that any person aggrieved by a violation of the Act shall have a right of action in a State circuit court or as a supplemental claim in a federal district court against an offending party. Provides that a prevailing party may recover specified amounts for each violation. Provides that nothing in the Act limits the right of the subject of a medical test to recover damages or other relief under any other applicable law. Effective immediately.


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A BILL FOR

 

HB4611LRB102 24099 CPF 33324 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Vaccination Information Privacy Act.
 
6    Section 5. Definition. In this Act, "vaccine information"
7means any information derived from the process of vaccination
8or an individual's vaccination status.
 
9    Section 10. Confidentiality of vaccine information.
10    (a) No individual in possession of the vaccine information
11of another may release such information unless it is in
12accordance with Section 15.
13    (b) Except as otherwise provided in subsection (c),
14vaccine information shall not be admissible as evidence nor
15discoverable in any action of any kind in any court or before
16any tribunal, board, agency, or person pursuant to Part 21 of
17Article VIII of the Code of Civil Procedure.
18    (c) Vaccine information shall be admissible as evidence
19and discoverable, subject to a protective order, in any action
20alleging a violation of this Act.
 
21    Section 15. Disclosure of vaccine information. No person

 

 

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1may disclose or be compelled to disclose vaccine information
2except to the following persons:
3        (1) The subject of the vaccine information or the
4    subject's legally authorized representative.
5        (2) Any person designated in a written authorization
6    for release of vaccine information executed by the
7    vaccinated individual or the vaccinated individual's
8    authorized representative.
9        (3) An authorized agent or employee of a health
10    facility or health care provider if the health facility or
11    health care provider itself is authorized to obtain the
12    vaccine information and the agent or employee has a need
13    to know the information to provide medical care.
 
14    Section 20. Right of action. Any person aggrieved by a
15violation of this Act shall have a right of action in a State
16circuit court or as a supplemental claim in a federal district
17court against an offending party. A prevailing party may
18recover the following for each violation:
19        (1) Against any party who negligently violates a
20    provision of this Act, liquidated damages of $2,500 or
21    actual damages, whichever is greater.
22        (2) Against any party who intentionally or recklessly
23    violates a provision of this Act, liquidated damages of
24    $15,000 or actual damages, whichever is greater.
25        (3) Reasonable attorney's fees and costs, including

 

 

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1    expert witness fees and other litigation expenses.
2        (4) Such other relief, including an injunction, as the
3    State or federal court may deem appropriate.
 
4    Section 25. Damages or other relief. Nothing in this Act
5limits the right of the subject of a medical test to recover
6damages or other relief under any other applicable law.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.