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Public Act 096-0966
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| HB5076 Enrolled |
LRB096 19115 KTG 34506 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Health Statistics Act is amended by |
changing Section 5 as follows:
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(410 ILCS 520/5) (from Ch. 111 1/2, par. 5605) |
Sec. 5. (a) The Department may make no disclosure of any |
item, collection
or grouping of health data which makes the |
individual supplying or described
in such data identifiable |
unless: |
(1) The individual described in the data has consented to |
the disclosure. |
(2) The disclosure is to a governmental entity in this |
State, in another
state or to the federal government, provided |
that: |
(i) the data will be used for a purpose for which the data |
was collected
by the Department; and |
(ii) the recipient of the data has entered into a written |
agreement satisfactory
to the Department, that it will protect |
such data in accordance with the
requirements of this Act and |
will not permit further disclosure without
prior approval of |
the Department. |
(3) The disclosure is to an individual or organization, for |
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a specified
time period determined by the Department, solely |
for bona fide research
and statistical purposes, as determined |
in accordance with guidelines adopted
by the Department, and |
the Department determines that: (i) the disclosures
of the data |
to the requesting individual or organization is required for
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the research and statistical purposes proposed; and (ii) the |
requesting
individual or organization has entered into a |
written agreement satisfactory
to the Department that it will |
protect such data in accordance with the
requirements of this |
Act and will not permit further disclosure without
prior |
approval of the Department. In no event, however, may the name, |
address
or other unique personal identifier of an individual |
supplying the data
or described in it be disclosed under this |
subparagraph to the requesting
individual or organization, |
unless a Department-approved Institutional Review Board or its |
equivalent on the protection of human subjects in research has |
reviewed and approved the data request. |
(4) The disclosure is to a governmental entity for the |
purpose of conducting
an audit, evaluation or investigation of |
the Department and such governmental
entity agrees not to use |
such data for making any determination to whom
the health data |
relates. |
(b) Any disclosure provided for in paragraph (a) of this |
Section shall
be made at the discretion of the Department |
except that the disclosure provided
for in subparagraph (4) of |
paragraph (a) of this Section must be made when
the |
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requirements of that subparagraph have been met. |
(c) No identifiable health data obtained in the course of |
activities undertaken
or supported under this Act shall be |
subject to subpoena or similar compulsory
process in any civil |
or criminal, judicial, administrative or legislative
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proceeding, nor shall any individual or organization with |
lawful access
to identifiable health data under the provisions |
of this Act be compelled
to testify with regard to such health |
data, except that data pertaining
to a party in litigation may |
be subject to subpoena or similar compulsory
process in an |
action brought by or on behalf of such individual to enforce
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any liability arising under this Act. |
(Source: P.A. 82-215.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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