HB2130ham001 103RD GENERAL ASSEMBLY

Rep. Bob Morgan

Filed: 3/20/2023

10300HB2130ham001 LRB103 04780 BMS 59481 a

AMENDMENT TO HOUSE BILL 2130

AMENDMENT NO. ______. Amend House Bill 2130 on page 15, line 5, after "Code", by inserting ", and the cybersecurity event has a reasonable likelihood of materially harming any consumer residing in this State or any material part of the normal operations of the licensee"; and

by replacing line 21 on page 22 through line 4 on page 23 with the following:

"(2) A licensee that is subject to, governed by, and compliant with the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and the Health Information Technology for Economic and Clinical Health Act, Public Law 111-5, HITECH, and that maintains nonpublic information in the same manner as protected health information pursuant to an information security program shall be considered to meet the requirements of Section 10 and Section 15 of this Act. To claim this exemption, the licensee must submit an annual statement by April 15 certifying its compliance with the applicable provisions of federal law referenced in this paragraph".