Illinois General Assembly - Full Text of HB1254
Illinois General Assembly

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Full Text of HB1254  95th General Assembly



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1     AN ACT concerning State government.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
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.
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
15     (b) The primary mission of ILHIN shall be the following:
16         (1) To establish a state-level health information
17     exchange to facilitate the sharing of health information
18     among health care providers within Illinois and beyond in
19     other states; and
20         (2) To foster the widespread adoption of electronic
21     health records, personal health records, and health
22     information exchange by health care providers and the
23     general public.



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1     (c) ILHIN shall be governed by a board of directors as
2 specified in Section 15 of this Act, with the rights, titles,
3 powers, privileges, and obligations provided for in the General
4 Not For Profit Corporation Act of 1986.
5     (d) Subject to the availability of public or private funds,
6 the board of directors may employ an executive director, other
7 staff, or independent contractors necessary to perform its
8 duties as specified in Section 10 and to fix their
9 compensation, benefits, terms, and conditions of their
10 employment.
11     Section 10. Powers and duties of the Illinois Health
12 Information Network.
13     (a) ILHIN shall plan for the creation of a state-level
14 health information exchange using a federated model wherein
15 patient electronic health records are stored, maintained, and
16 updated by the treating health care provider, but access to key
17 health data is provided to other providers of the patient, with
18 patient consent if the patient is able to give consent, through
19 secure interoperable record locator technology; provided that
20 ILHIN may develop alternative or additional approaches to
21 health information exchange to respond to advances in
22 technology or the experiences of other states. To the extent
23 possible, technical specifications and technology adopted by
24 ILHIN for the state-level health information exchange shall
25 have been tested in another state or states.



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1     (b) ILHIN shall establish minimum standards for accessing
2 the state-level health information exchange by health care
3 providers and researchers in order to ensure security and
4 confidentiality protections for patient information,
5 consistent with applicable federal and State standards. ILHIN
6 shall have the authority to suspend or terminate rights to
7 participate in the health information exchange in case of
8 non-compliance or failure to act, with respect to applicable
9 standards, in the best interests of patients, participants of
10 ILHIN, and the public.
11     (c) ILHIN shall identify barriers to the adoption of
12 electronic health record systems by health care providers,
13 including conducting, facilitating, or coordinating research
14 on the rates and patterns of dissemination and use of
15 electronic health record systems throughout the State. To
16 address gaps in statewide implementation, ILHIN may, through
17 staff or consultant support, contracts, grants, or loans, offer
18 technical assistance, training, and financial assistance, as
19 available and in accordance with federal law, to health care
20 providers or associations representing health care providers,
21 with priority given to providers serving a significant
22 percentage of uninsured patients and patients in medically
23 underserved or rural areas.
24     (d) ILHIN shall educate the general public on the benefits
25 of electronic health records, personal health records, and the
26 safeguards available to prevent disclosure of personal health



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1 information.
2     (e) ILHIN may appoint or designate a federally qualified
3 institutional review board to review and approve requests for
4 research in order to ensure compliance with standards and
5 patient privacy protections as specified in subsection (b) of
6 this Section.
7     (f) ILHIN may solicit grants, loans, contributions, or
8 appropriations from public or private sources and may enter
9 into any contracts, grants, loans, or agreements with respect
10 to the use of such funds to fulfill its duties under this Act.
11 No debt or obligation of ILHIN shall become the debt or
12 obligation of the State.
13     (g) ILHIN may determine, charge, and collect any fees,
14 charges, costs, and expenses from any person or provider that
15 uses the ILHIN, the health information exchange, or any
16 electronic transaction in connection with its duties under this
17 Act.
18     (h) The Illinois Department of Public Health may authorize
19 ILHIN to collect de-identified health data from health care
20 providers in a central repository for public health purposes
21 and identified data for the use of the Department or other
22 State agencies specifically to fulfill their state
23 responsibilities. Any identified data so collected shall be
24 privileged and confidential in accordance with Sections
25 8-2101, 8-2102, 8-2103, 8-2104, and 8-2105 of the Code of Civil
26 Procedure and shall be exempt from the provisions of the



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1 Freedom of Information Act.
2     (i) The Illinois Department of Public Health may authorize
3 ILHIN to make de-identified data available to health care
4 providers and other organizations for the purpose of analyzing
5 data related to health disparities, chronic illnesses, quality
6 performance measurers, and other health care related issues.
7     (j) ILHIN shall coordinate with the Illinois Department of
8 Public Health with respect to the Governor's 2006 Executive
9 Order 8 that, among other matters, encourages all health care
10 providers to use electronic prescribing programs by 2011, to
11 evaluate areas in need of enhanced technology to support
12 e-prescribing programs, and to determine the technology needed
13 to implement e-prescribing programs.
14     Section 15. Governance of the Illinois Health Information
15 Network.
16     (a) ILHIN shall be governed by a 31-member board of
17 directors, which shall be comprised of the following:
18         (1) The Directors of Public Health and of Healthcare
19     and Family Services and the Secretary of Human Services, or
20     their designees.
21         (2) The Regional Administrator, or his or her designee,
22     of Region 5, Center for Medicare and Medicaid Services,
23     U.S. Department of Health and Human Services.
24         (3) Three hospital administrators or 2 hospital
25     administrators and a statewide hospital association



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1     representative, including one hospital administrator from
2     a small rural hospital.
3         (4) Five physicians, including a primary care
4     physician, a specialist, and one each from a small group
5     practice, a rural practice, and a multi-specialty clinic,
6     independent of other appointments in this Section who might
7     also be physicians.
8         (5) Three representatives of payers, including the
9     largest health insurance company serving Illinois, a large
10     commercial insurer, and a local payer.
11         (6) Two representatives of employers, including a
12     self-insured employer and an employer recommended by an
13     employer trade organization that represents a broad base of
14     employers in the State.
15         (7) Three pharmacists, including one employed by a
16     large chain, one independent pharmacist, and one employed
17     by a health care institution or a consultant pharmacist to
18     health care organizations.
19         (8) Two representatives of federally qualified health
20     centers as defined in Section 1905 (l)(2)(B) of the Social
21     Security Act, one of whom is from a center in an
22     association that represents a broad base of federally
23     qualified health centers throughout the State.
24         (9) Two long-term care facility administrators,
25     including one from a facility in an organization of 5 or
26     more facilities located throughout the State and one from



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1     an independently-owned facility.
2         (10) One administrator of a home health agency.
3         (11) One administrator of a mental health clinic or
4     facility.
5         (12) One administrator of a diagnostic center.
6         (13) One nurse.
7         (14) Three consumers.
8     (b) The 27 non-governmental board members shall be
9 appointed by the Governor with the consent of the Senate to
10 3-year staggered terms as determined by the Governor. Persons
11 may be nominated by generally recognized statewide
12 organizations representing hospitals, physicians, nurses,
13 consumers, third-party payers, pharmacists, federally
14 qualified health centers, long-term care facilities,
15 laboratories, mental health clinics, and home health agencies.
16 Initial nominees shall be submitted by the Governor to the
17 Senate for its consideration by no later than January 1, 2008.
18     (c) The ILHIN board of directors shall elect its presiding
19 officer from among its members and may elect or appoint an
20 executive committee, other committees, and subcommittees to
21 conduct the business of the organization.
22     Section 20. Health information systems maintained by State
23 agencies.
24      (a) By no later than January 1, 2015, each State agency
25 that implements, acquires, or upgrades health information



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1 technology systems used for the direct exchange of health
2 information between agencies and with non-State entities shall
3 use health information technology systems and products that
4 meet minimum standards adopted by ILHIN for accessing the
5 state-level health information exchange.
6     (b) In order to provide ILHIN with start-up capabilities to
7 assist in the development of the state-level health information
8 exchange, the Department of Public Health is authorized to
9 transfer or license the assets of a State pilot program known
10 as the Illinois Health Network to ILHIN as soon as is
11 practicable.
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.