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92_HB6043
LRB9211027JMmbB
1 AN ACT concerning public health.
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 Disease and Symptom Complex Surveillance and Reporting Act.
6 Section 5. Legislative findings and purpose.
7 (a) The General Assembly finds that: (i) protection of
8 the public health and welfare of the citizens of Illinois
9 requires immediate access by State government to information
10 regarding outbreaks of disease symptoms and other medical
11 symptom complexes; (ii) although systems exist within State
12 government to access and maintain databases as to certain
13 medical symptoms, these existing systems are not designed to
14 furnish the immediately available integrated statewide
15 surveillance and data access needed to promptly address
16 unusual occurrences of disease symptoms and other medical
17 symptom complexes; (iii) it is the obligation of State
18 government to protect the citizens of the State of Illinois
19 by developing such an immediately accessible, comprehensive,
20 and integrated data surveillance and collection system
21 regarding outbreaks of disease symptoms and other medical
22 symptom complexes.
23 (b) The purpose of this Act is to establish a
24 comprehensive, integrated statewide data surveillance and
25 collection system, through electronic and other appropriate
26 means, that contains immediately accessible, comprehensive,
27 and integrated data regarding disease symptoms and other
28 medical symptom complexes; provided, however, that such
29 system shall contain stringent confidentiality and privacy
30 protections for individually identifiable health information.
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1 Section 10. Definitions. For purposes of this Act, unless
2 the context requires otherwise:
3 "Communicable Diseases Code" means the Illinois Control
4 of Communicable Diseases Code.
5 "Department" means the Illinois Department of Public
6 Health.
7 "Director" means the Director of Public Health.
8 "Disease symptoms" means medical symptoms of communicable
9 or non-communicable diseases, and, for purposes of
10 communicable diseases, includes without limitation those
11 diseases reportable under the Illinois Control of
12 Communicable Diseases Code.
13 "Individually identifiable health information" means
14 information collected pursuant to this Act that relates to
15 the past, present, or future physical or mental health or
16 condition of an individual or that relates to the provision
17 of health care to an individual, such that the information
18 identifies the individual or there is reasonable basis to
19 believe the information can be used to identify the
20 individual.
21 "Medical symptom complex" means symptoms or symptom
22 clusters for other than disease, including without limitation
23 those required to be reported under the Illinois Health and
24 Hazardous Substances Registry Act.
25 Section 15. Data system. The Department, in order to
26 prevent and control disease, injury, or disability among
27 citizens of the State of Illinois, shall establish a
28 statewide system of uninterrupted access to surveillance,
29 interoperable networks, information exchange, and data
30 protocols, a comprehensive system of reporting to State
31 government, and immediate access to medical data, treatment
32 guidelines and health alerts, for disease symptoms and
33 medical symptom complexes. This system shall use electronic
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1 and other appropriate means of communication. Individually
2 identifiable health information accessed through this system
3 shall be subject to, and protected by, the confidentiality
4 and privacy provisions set forth in Section 30.
5 Section 20. Emergency medical investigations. When the
6 Director determines that morbidity or mortality from a
7 particular set of disease symptoms or a medical symptom
8 complex warrants study to protect and control disease,
9 injury, or disability among citizens of the State of
10 Illinois, the Director may declare the disease symptoms or
11 medical symptom complex to be the subject of an emergency
12 medical investigation, and require the persons and entities
13 identified in Section 25 to submit or make available such
14 information, medical records, data, and reports as are
15 necessary for the purpose of the study. Individually
16 identifiable health information furnished pursuant to this
17 Section shall be subject to, and protected by, the
18 confidentiality and privacy protections set forth in Section
19 30. Nothing in this Act shall be construed to compel any
20 individual to submit to a medical examination or medical
21 supervision.
22 Section 25. Required participation. The following persons
23 and entities must participate in the surveillance and
24 reporting system described in Section 15 and the emergency
25 medical investigations described in Section 20, in accordance
26 with the provisions of this Act and the rules promulgated by
27 the Department:
28 (1) Physicians and physician group practices.
29 (2) Nurses.
30 (3) Nurse aides.
31 (4) Dentists.
32 (5) Health care practitioners.
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1 (6) Hospitals and hospital personnel.
2 (7) Health insurance entities.
3 (8) Laboratories and laboratory personnel.
4 (9) Long-term care facilities and personnel.
5 (10) Community health centers, rural health clinics, and
6 public health clinics.
7 (11) Local health departments.
8 (12) State-operated health facilities.
9 (13) School personnel.
10 (14) Day care personnel.
11 (15) Pharmacies and pharmacy personnel.
12 (16) Coroners and medical examiners.
13 (17) Emergency medical technicians and other first
14 responders.
15 Section 30. Confidentiality of information obtained. All
16 reports made pursuant to the provisions of this Act shall be
17 strictly confidential, including the identity of the
18 individual who is the subject of the report and the identity
19 of the author of such report, and shall be used only for
20 public health purposes. The Department shall not release any
21 data or information obtained pursuant to this Act to any
22 individuals or entities for purposes other than protection of
23 the public health, unless the data or information can be
24 de-identified such that there is no reasonable basis to
25 believe the data or information that is released could be
26 used to identify an individual through such means as
27 automated record linking technology, data analysis and
28 exchange, or any other similar methods. The Department shall
29 by rule or regulation establish standards or guidelines for
30 ensuring the protection of information made confidential or
31 privileged under law. The privacy protections enumerated in
32 this Section and the rules promulgated thereunder shall be in
33 addition to the privacy and confidentiality provisions
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1 contained in the Communicable Disease Report Act, the Control
2 of Communicable Diseases Code, and the Illinois Health and
3 Hazardous Substances Registry Act.
4 Section 35. Admissibility as evidence. Individually
5 identifiable health information obtained by the Department
6 pursuant to the provisions of this Act and the regulations
7 promulgated under this Act shall not be admissible as
8 evidence, nor discoverable in any action of any kind in any
9 court or before any tribunal, board, agency, or person. The
10 identity of the individual or entity who makes a report to
11 the Department pursuant to this Act shall be confidential and
12 shall not be admissible as evidence, nor discoverable in any
13 action of any kind in any court or before any tribunal,
14 board, agency, or person. The disclosure of any such
15 information or data, whether proper or improper, shall not
16 waive or have any effect upon its confidentiality,
17 nondiscoverability, or nonadmissibility. The inadmissibility
18 of information as evidence as described by this Section shall
19 be in addition to the similar inadmissibility provisions
20 contained in the Communicable Disease Report Act, the Control
21 of Communicable Diseases Code, and the Illinois Health and
22 Hazardous Substances Registry Act.
23 Section 40. Promulgation of rules. The Department shall
24 adopt any rules necessary to ensure proper implementation and
25 administration of this Act. Those rules shall include
26 provisions for the imposition of fines and other appropriate
27 civil remedies upon violation of this Act or the rules.
28 Section 45. Act takes precedence. In case of any conflict
29 between the provisions of this Act and any other law,
30 executive order, or administrative regulation, the provisions
31 of this Act shall prevail and control.
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1 Section 50. Penalties. Any person who violates this Act
2 shall be guilty of a Class A misdemeanor and shall be fined a
3 sum not less than $1,000 per violation. Each day's violation
4 constitutes a separate offense. The State's Attorney of the
5 county in which the violation occurred, or the Attorney
6 General, shall bring such actions in the name of the People
7 of the State of Illinois, and may, in addition to other
8 remedies provided in this Act, bring action for an injunction
9 to restrain such violation. Any person who violates any rule
10 or regulation adopted by the Department, or who violates any
11 determination or order of the Department thereunder, shall be
12 subject to fines of up to $10,000 per violation and other
13 appropriate civil penalties as determined by the Department
14 through issuance of rules.
15 Section 55. Limited liability. The persons and entities
16 listed in items (1) through (17) of Section 25, who in good
17 faith report information described in Section 15 or
18 participate in an emergency medical investigation described
19 in Section 5, shall be immune from civil liability in
20 connection with such reporting or participation. The identity
21 of any individual who makes a report or who is identified in
22 a report shall be confidential and the identity of any person
23 making a report or named therein shall not be disclosed
24 publicly or in any action of any kind in any court or before
25 any tribunal, board, or agency. Nothing in this Act shall
26 exonerate the persons and entities listed in items (1)
27 through (17) of Section 20 from liability for injury caused
28 by willful or wanton misconduct.
29 Section 60. Severability. If any provision or clause of
30 this Act or the application thereof to any person or
31 circumstances is held invalid, such invalidity shall not
32 affect other provisions or applications of the Act which can
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1 be given effect without the invalid provision or application,
2 and to this end the provisions of this Act are declared to be
3 severable.
4 Section 65. Exclusive jurisdiction. It is declared to be
5 the law of this State that the regulation of disease symptoms
6 and symptom complexes as described in this Act is an exercise
7 of exclusive State power which may not be exercised
8 concurrently by any unit of local government, including home
9 rule units.
10 Section 920. The State Mandates Act is amended by adding
11 Section 8.26 as follows:
12 (30 ILCS 805/8.26 new)
13 Sec. 8.26. Exempt mandate. Notwithstanding Sections 6
14 and 8 of this Act, no reimbursement by the State is required
15 for the implementation of any mandate created by this
16 amendatory Act of the 92nd General Assembly.
17 Section 999. Effective date. This Act takes effect upon
18 becoming law.