HB 5295

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Full Text of HB5295
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	HB5295 - 104th General Assembly
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			House Amendment 001
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		HB5295 Enrolled		LRB104 20300 BDA 34136 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
5Reproductive Health Records Privacy Act.
6    Section 5. Definitions. As used in this Act:
7    "Abortion" has the meaning given to that term in Section
81-10 of the Reproductive Health Act.
9    "Abortion-related health care services" means all
10supplies, care, and services of a medical, behavioral health,
11mental health, physical health, surgical, psychiatric,
12therapeutic, diagnostic, preventive, rehabilitative, or
13supportive nature relating to an abortion.
14    "Coded private health care information" means the health
15information contained in an electronic health network, related
16to the following, unless expanded, narrowed, or otherwise
17changed by rule adopted by the Department of Public Health
18under this Act:
19        (1) codes for designating diagnoses, treatments,
20    outcomes, or other health care information, including,
21    without limitation, Current Procedural Terminology (CPT)
22    codes, Healthcare Common Procedure Coding System (HCPCS)
23    codes, or National Drug Codes, associated with any of the
		HB5295 Enrolled	- 2 -	LRB104 20300 BDA 34136 b
1    following:
2            (A) complications following induced termination of
3        pregnancy;
4            (B) failed attempted termination of pregnancy;
5            (C) continuing pregnancy after selective reduction
6        of one fetus or more;
7            (D) encounter for elective termination of
8        pregnancy;
9            (E) induced abortion;
10            (F) multifetal pregnancy reductions;
11            (G) mifepristone; or
12            (H) medically induced abortion by oral ingestion
13        of medication, including all associated services and
14        supplies except drugs or medications; and
15        (2) medical diagnosis codes associated with gender
16    dysphoria.
17    "Covered entity" has the meaning given to that term in the
18Health Insurance Portability and Accountability Act of 1996
19(HIPAA), as specified in 45 CFR 160.103.
20    "Electronic health network" means an entity, other than a
21health care provider or a hospital licensed under the Illinois
22Hospital Licensing Act or a hospital licensed under the
23University of Illinois Hospital Act, that is responsible for
24facilitating the exchange of health information and is either:
25        (1) an entity that provides software or services that
26    allow health care providers to maintain health care
		HB5295 Enrolled	- 3 -	LRB104 20300 BDA 34136 b
1    information electronically and make that information
2    available to other authorized persons, providers, or
3    entities; or
4        (2) a health information technology developer of
5    certified health information technology that develops or
6    offers health information technology, as that term is
7    defined in 42 U.S.C. 300jj(5).
8    "Health care provider" has the meaning given to that term
9in the Health Insurance Portability and Accountability Act of
101996 (HIPAA), as specified in 45 CFR 160.103.
11    "Patient" means any person who has received or is
12receiving health care services in this State from an
13individual or institution licensed to provide health care
14services in this State.
15    "Private health care information" means the health
16information contained in an electronic health network related
17to the following, unless expanded, narrowed, or otherwise
18changed by rule adopted by the Department of Public Health
19under this Act:
20        (1) coded private health care information; and
21        (2) abortion or abortion-related health care services.
22    Section 10. Segregation of information; technological
23capabilities.
24    (a) An electronic health network shall prevent the
25disclosure of a patient's coded private health care
		HB5295 Enrolled	- 4 -	LRB104 20300 BDA 34136 b
1information to a provider, business entity, other electronic
2health network, or health information exchange located outside
3this State unless the disclosure is:
4        (1) for technical support purposes;
5        (2) for quality assurance purposes;
6        (3) for payment or health care operations, as defined
7    by the Health Insurance Portability and Accountability Act
8    of 1996 (HIPAA); or
9        (4) to a specific covered entity with the consent of:
10            (A) the patient, for health care services for
11        which the patient can provide consent under the laws
12        of this State; or
13            (B) the patient's parent, guardian, health care
14        surrogate decision maker, or power of attorney for
15        health care for health care services for which the
16        parent, guardian, health care surrogate decision
17        maker, or power of attorney for health care can
18        provide consent under the laws of this State.
19    (b) An electronic health network shall develop and enable
20the technological capabilities to, with respect to
21out-of-state disclosures:
22        (1) parse coded private health care information and
23    convey all other information in a patient's electronic
24    health record that is not prohibited by law;
25        (2) allow a health care provider to manually segregate
26    or otherwise prevent the sharing or disclosure of private
		HB5295 Enrolled	- 5 -	LRB104 20300 BDA 34136 b
1    health care information from a patient's electronic health
2    record;
3        (3) allow a patient to request and consent to the
4    exchange of private health care information to a specific
5    covered entity; and
6        (4) allow a patient to opt out of segregating private
7    health care information in a patient's electronic health
8    record.
9    (c) An electronic health network shall not notify a health
10care provider, business entity, other electronic health
11network, or health information exchange located outside this
12State that private health care information may have been
13segregated from a patient's electronic health record.
14    (d) The Department of Public Health may adopt rules as
15necessary to administer and implement this Act. If the
16Department adopts rules regarding the definition of private
17health care information, the Department shall consider any
18necessary exceptions to segregation and adopt rules that set
19forth those exceptions as determined.
20    (e) Nothing in this Act shall be interpreted to undermine
21the existing protections against disclosure of confidential
22health information or lawful health care activity, including,
23but not limited to, pursuant to the Lawful Health Care
24Activity Act and the Personal Information Protection Act.
25    (f) Nothing in this Act shall be interpreted to require
26health care providers to use electronic health networks.
		HB5295 Enrolled	- 6 -	LRB104 20300 BDA 34136 b
1    Section 15. Patient direction to share health information.
2    (a) A patient may direct private health care information
3to be shared, in whole or in part, with a specific covered
4entity located outside the State through an electronic health
5network in accordance with 45 CFR 171.202(b)(1). A patient may
6also revoke a prior decision to direct private health care
7information to be shared or not to be shared.
8    (b) An electronic health network shall make available to
9covered entities meaningful information regarding a patient's
10right to direct the electronic health network to share the
11patient's private health care information.
12    (c) The Department of Public Health may publish, on its
13website, information about this Act in English, Spanish, and
14any other languages the Department deems necessary.
15    Section 20. Violations. Any person aggrieved by a
16violation of this Act by an electronic health network may
17bring an action against that electronic health network. Actual
18damages, injunctive relief, and reasonable attorney's fees and
19costs, as well as any other relief which the court deems
20proper, may be awarded to a successful plaintiff in any action
21under this Act. Nothing contained in this Act shall be deemed
22to authorize the bringing of any action against any health
23care provider.
		HB5295 Enrolled	- 7 -	LRB104 20300 BDA 34136 b
1    Section 97. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
3    Section 99. Effective date. This Act takes effect July 1,
42027.