|
Public Health and its authorized representatives relating |
to known or suspected cases of sexually transmissible |
disease or any information the disclosure of which is |
restricted under the Illinois Sexually Transmissible |
Disease Control Act. |
(e) Information the disclosure of which is exempted |
under Section 30 of the Radon Industry Licensing Act. |
(f) Firm performance evaluations under Section 55 of |
the Architectural, Engineering, and Land Surveying |
Qualifications Based Selection Act. |
(g) Information the disclosure of which is restricted |
and exempted under Section 50 of the Illinois Prepaid |
Tuition Act. |
(h) Information the disclosure of which is exempted |
under the State Officials and Employees Ethics Act, and |
records of any lawfully created State or local inspector |
general's office that would be exempt if created or |
obtained by an Executive Inspector General's office under |
that Act. |
(i) Information contained in a local emergency energy |
plan submitted to a municipality in accordance with a |
local emergency energy plan ordinance that is adopted |
under Section 11-21.5-5 of the Illinois Municipal Code. |
(j) Information and data concerning the distribution |
of surcharge moneys collected and remitted by carriers |
under the Emergency Telephone System Act. |
|
(k) Law enforcement officer identification information |
or driver identification information compiled by a law |
enforcement agency or the Department of Transportation |
under Section 11-212 of the Illinois Vehicle Code. |
(l) Records and information provided to a residential |
health care facility resident sexual assault and death |
review team or the Executive Council under the Abuse |
Prevention Review Team Act. |
(m) Information provided to the predatory lending |
database created pursuant to Article 3 of the Residential |
Real Property Disclosure Act, except to the extent |
authorized under that Article. |
(n) Defense budgets and petitions for certification of |
compensation and expenses for court appointed trial |
counsel as provided under Sections 10 and 15 of the |
Capital Crimes Litigation Act (repealed). This subsection |
(n) shall apply until the conclusion of the trial of the |
case, even if the prosecution chooses not to pursue the |
death penalty prior to trial or sentencing. |
(o) Information that is prohibited from being |
disclosed under Section 4 of the Illinois Health and |
Hazardous Substances Registry Act. |
(p) Security portions of system safety program plans, |
investigation reports, surveys, schedules, lists, data, or |
information compiled, collected, or prepared by or for the |
Department of Transportation under Sections 2705-300 and |
|
2705-616 of the Department of Transportation Law of the |
Civil Administrative Code of Illinois, the Regional |
Transportation Authority under Section 2.11 of the |
Regional Transportation Authority Act, or the St. Clair |
County Transit District under the Bi-State Transit Safety |
Act (repealed). |
(q) Information prohibited from being disclosed by the |
Personnel Record Review Act. |
(r) Information prohibited from being disclosed by the |
Illinois School Student Records Act. |
(s) Information the disclosure of which is restricted |
under Section 5-108 of the Public Utilities Act. |
(t) (Blank). |
(u) Records and information provided to an independent |
team of experts under the Developmental Disability and |
Mental Health Safety Act (also known as Brian's Law). |
(v) Names and information of people who have applied |
for or received Firearm Owner's Identification Cards under |
the Firearm Owners Identification Card Act or applied for |
or received a concealed carry license under the Firearm |
Concealed Carry Act, unless otherwise authorized by the |
Firearm Concealed Carry Act; and databases under the |
Firearm Concealed Carry Act, records of the Concealed |
Carry Licensing Review Board under the Firearm Concealed |
Carry Act, and law enforcement agency objections under the |
Firearm Concealed Carry Act. |
|
(v-5) Records of the Firearm Owner's Identification |
Card Review Board that are exempted from disclosure under |
Section 10 of the Firearm Owners Identification Card Act. |
(w) Personally identifiable information which is |
exempted from disclosure under subsection (g) of Section |
19.1 of the Toll Highway Act. |
(x) Information which is exempted from disclosure |
under Section 5-1014.3 of the Counties Code or Section |
8-11-21 of the Illinois Municipal Code. |
(y) Confidential information under the Adult |
Protective Services Act and its predecessor enabling |
statute, the Elder Abuse and Neglect Act, including |
information about the identity and administrative finding |
against any caregiver of a verified and substantiated |
decision of abuse, neglect, or financial exploitation of |
an eligible adult maintained in the Registry established |
under Section 7.5 of the Adult Protective Services Act. |
(z) Records and information provided to a fatality |
review team or the Illinois Fatality Review Team Advisory |
Council under Section 15 of the Adult Protective Services |
Act. |
(aa) Information which is exempted from disclosure |
under Section 2.37 of the Wildlife Code. |
(bb) Information which is or was prohibited from |
disclosure by the Juvenile Court Act of 1987. |
(cc) Recordings made under the Law Enforcement |
|
Officer-Worn Body Camera Act, except to the extent |
authorized under that Act. |
(dd) Information that is prohibited from being |
disclosed under Section 45 of the Condominium and Common |
Interest Community Ombudsperson Act. |
(ee) Information that is exempted from disclosure |
under Section 30.1 of the Pharmacy Practice Act. |
(ff) Information that is exempted from disclosure |
under the Revised Uniform Unclaimed Property Act. |
(gg) Information that is prohibited from being |
disclosed under Section 7-603.5 of the Illinois Vehicle |
Code. |
(hh) Records that are exempt from disclosure under |
Section 1A-16.7 of the Election Code. |
(ii) Information which is exempted from disclosure |
under Section 2505-800 of the Department of Revenue Law of |
the Civil Administrative Code of Illinois. |
(jj) Information and reports that are required to be |
submitted to the Department of Labor by registering day |
and temporary labor service agencies but are exempt from |
disclosure under subsection (a-1) of Section 45 of the Day |
and Temporary Labor Services Act. |
(kk) Information prohibited from disclosure under the |
Seizure and Forfeiture Reporting Act. |
(ll) Information the disclosure of which is restricted |
and exempted under Section 5-30.8 of the Illinois Public |
|
Aid Code. |
(mm) Records that are exempt from disclosure under |
Section 4.2 of the Crime Victims Compensation Act. |
(nn) Information that is exempt from disclosure under |
Section 70 of the Higher Education Student Assistance Act. |
(oo) Communications, notes, records, and reports |
arising out of a peer support counseling session |
prohibited from disclosure under the First Responders |
Suicide Prevention Act. |
(pp) Names and all identifying information relating to |
an employee of an emergency services provider or law |
enforcement agency under the First Responders Suicide |
Prevention Act. |
(qq) Information and records held by the Department of |
Public Health and its authorized representatives collected |
under the Reproductive Health Act. |
(rr) Information that is exempt from disclosure under |
the Cannabis Regulation and Tax Act. |
(ss) Data reported by an employer to the Department of |
Human Rights pursuant to Section 2-108 of the Illinois |
Human Rights Act. |
(tt) Recordings made under the Children's Advocacy |
Center Act, except to the extent authorized under that |
Act. |
(uu) Information that is exempt from disclosure under |
Section 50 of the Sexual Assault Evidence Submission Act. |
|
(vv) Information that is exempt from disclosure under |
subsections (f) and (j) of Section 5-36 of the Illinois |
Public Aid Code. |
(ww) Information that is exempt from disclosure under |
Section 16.8 of the State Treasurer Act. |
(xx) Information that is exempt from disclosure or |
information that shall not be made public under the |
Illinois Insurance Code. |
(yy) Information prohibited from being disclosed under |
the Illinois Educational Labor Relations Act. |
(zz) Information prohibited from being disclosed under |
the Illinois Public Labor Relations Act. |
(aaa) Information prohibited from being disclosed |
under Section 1-167 of the Illinois Pension Code. |
(bbb) Information that is prohibited from disclosure |
by the Illinois Police Training Act and the Illinois State |
Police Act. |
(ccc) Records exempt from disclosure under Section |
2605-304 of the Illinois State Police Law of the Civil |
Administrative Code of Illinois. |
(ddd) Information prohibited from being disclosed |
under Section 35 of the Address Confidentiality for |
Victims of Domestic Violence, Sexual Assault, Human |
Trafficking, or Stalking Act. |
(eee) Information prohibited from being disclosed |
under subsection (b) of Section 75 of the Domestic |
|
Violence Fatality Review Act. |
(fff) Images from cameras under the Expressway Camera |
Act. This subsection (fff) is inoperative on and after |
July 1, 2025. |
(ggg) Information prohibited from disclosure under |
paragraph (3) of subsection (a) of Section 14 of the Nurse |
Agency Licensing Act. |
(hhh) Information submitted to the Illinois State |
Police in an affidavit or application for an assault |
weapon endorsement, assault weapon attachment endorsement, |
.50 caliber rifle endorsement, or .50 caliber cartridge |
endorsement under the Firearm Owners Identification Card |
Act. |
(iii) Data exempt from disclosure under Section 50 of |
the School Safety Drill Act. |
(jjj) (hhh) Information exempt from disclosure under |
Section 30 of the Insurance Data Security Law. |
(kkk) (iii) Confidential business information |
prohibited from disclosure under Section 45 of the Paint |
Stewardship Act. |
(lll) (Reserved). |
(mmm) (iii) Information prohibited from being |
disclosed under subsection (e) of Section 1-129 of the |
Illinois Power Agency Act. |
(nnn) Information that is exempt from disclosure under |
Section 28-11 of the Lawful Health Care Activity Act. |
|
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; |
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. |
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; |
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. |
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, |
eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; |
revised 1-2-24.)
|
(Text of Section after amendment by P.A. 103-472) |
Sec. 7.5. Statutory exemptions. To the extent provided for |
by the statutes referenced below, the following shall be |
exempt from inspection and copying: |
(a) All information determined to be confidential |
under Section 4002 of the Technology Advancement and |
Development Act. |
(b) Library circulation and order records identifying |
library users with specific materials under the Library |
Records Confidentiality Act. |
(c) Applications, related documents, and medical |
records received by the Experimental Organ Transplantation |
Procedures Board and any and all documents or other |
records prepared by the Experimental Organ Transplantation |
Procedures Board or its staff relating to applications it |
has received. |
(d) Information and records held by the Department of |
Public Health and its authorized representatives relating |
|
to known or suspected cases of sexually transmissible |
disease or any information the disclosure of which is |
restricted under the Illinois Sexually Transmissible |
Disease Control Act. |
(e) Information the disclosure of which is exempted |
under Section 30 of the Radon Industry Licensing Act. |
(f) Firm performance evaluations under Section 55 of |
the Architectural, Engineering, and Land Surveying |
Qualifications Based Selection Act. |
(g) Information the disclosure of which is restricted |
and exempted under Section 50 of the Illinois Prepaid |
Tuition Act. |
(h) Information the disclosure of which is exempted |
under the State Officials and Employees Ethics Act, and |
records of any lawfully created State or local inspector |
general's office that would be exempt if created or |
obtained by an Executive Inspector General's office under |
that Act. |
(i) Information contained in a local emergency energy |
plan submitted to a municipality in accordance with a |
local emergency energy plan ordinance that is adopted |
under Section 11-21.5-5 of the Illinois Municipal Code. |
(j) Information and data concerning the distribution |
of surcharge moneys collected and remitted by carriers |
under the Emergency Telephone System Act. |
(k) Law enforcement officer identification information |
|
or driver identification information compiled by a law |
enforcement agency or the Department of Transportation |
under Section 11-212 of the Illinois Vehicle Code. |
(l) Records and information provided to a residential |
health care facility resident sexual assault and death |
review team or the Executive Council under the Abuse |
Prevention Review Team Act. |
(m) Information provided to the predatory lending |
database created pursuant to Article 3 of the Residential |
Real Property Disclosure Act, except to the extent |
authorized under that Article. |
(n) Defense budgets and petitions for certification of |
compensation and expenses for court appointed trial |
counsel as provided under Sections 10 and 15 of the |
Capital Crimes Litigation Act (repealed). This subsection |
(n) shall apply until the conclusion of the trial of the |
case, even if the prosecution chooses not to pursue the |
death penalty prior to trial or sentencing. |
(o) Information that is prohibited from being |
disclosed under Section 4 of the Illinois Health and |
Hazardous Substances Registry Act. |
(p) Security portions of system safety program plans, |
investigation reports, surveys, schedules, lists, data, or |
information compiled, collected, or prepared by or for the |
Department of Transportation under Sections 2705-300 and |
2705-616 of the Department of Transportation Law of the |
|
Civil Administrative Code of Illinois, the Regional |
Transportation Authority under Section 2.11 of the |
Regional Transportation Authority Act, or the St. Clair |
County Transit District under the Bi-State Transit Safety |
Act (repealed). |
(q) Information prohibited from being disclosed by the |
Personnel Record Review Act. |
(r) Information prohibited from being disclosed by the |
Illinois School Student Records Act. |
(s) Information the disclosure of which is restricted |
under Section 5-108 of the Public Utilities Act. |
(t) (Blank). |
(u) Records and information provided to an independent |
team of experts under the Developmental Disability and |
Mental Health Safety Act (also known as Brian's Law). |
(v) Names and information of people who have applied |
for or received Firearm Owner's Identification Cards under |
the Firearm Owners Identification Card Act or applied for |
or received a concealed carry license under the Firearm |
Concealed Carry Act, unless otherwise authorized by the |
Firearm Concealed Carry Act; and databases under the |
Firearm Concealed Carry Act, records of the Concealed |
Carry Licensing Review Board under the Firearm Concealed |
Carry Act, and law enforcement agency objections under the |
Firearm Concealed Carry Act. |
(v-5) Records of the Firearm Owner's Identification |
|
Card Review Board that are exempted from disclosure under |
Section 10 of the Firearm Owners Identification Card Act. |
(w) Personally identifiable information which is |
exempted from disclosure under subsection (g) of Section |
19.1 of the Toll Highway Act. |
(x) Information which is exempted from disclosure |
under Section 5-1014.3 of the Counties Code or Section |
8-11-21 of the Illinois Municipal Code. |
(y) Confidential information under the Adult |
Protective Services Act and its predecessor enabling |
statute, the Elder Abuse and Neglect Act, including |
information about the identity and administrative finding |
against any caregiver of a verified and substantiated |
decision of abuse, neglect, or financial exploitation of |
an eligible adult maintained in the Registry established |
under Section 7.5 of the Adult Protective Services Act. |
(z) Records and information provided to a fatality |
review team or the Illinois Fatality Review Team Advisory |
Council under Section 15 of the Adult Protective Services |
Act. |
(aa) Information which is exempted from disclosure |
under Section 2.37 of the Wildlife Code. |
(bb) Information which is or was prohibited from |
disclosure by the Juvenile Court Act of 1987. |
(cc) Recordings made under the Law Enforcement |
Officer-Worn Body Camera Act, except to the extent |
|
authorized under that Act. |
(dd) Information that is prohibited from being |
disclosed under Section 45 of the Condominium and Common |
Interest Community Ombudsperson Act. |
(ee) Information that is exempted from disclosure |
under Section 30.1 of the Pharmacy Practice Act. |
(ff) Information that is exempted from disclosure |
under the Revised Uniform Unclaimed Property Act. |
(gg) Information that is prohibited from being |
disclosed under Section 7-603.5 of the Illinois Vehicle |
Code. |
(hh) Records that are exempt from disclosure under |
Section 1A-16.7 of the Election Code. |
(ii) Information which is exempted from disclosure |
under Section 2505-800 of the Department of Revenue Law of |
the Civil Administrative Code of Illinois. |
(jj) Information and reports that are required to be |
submitted to the Department of Labor by registering day |
and temporary labor service agencies but are exempt from |
disclosure under subsection (a-1) of Section 45 of the Day |
and Temporary Labor Services Act. |
(kk) Information prohibited from disclosure under the |
Seizure and Forfeiture Reporting Act. |
(ll) Information the disclosure of which is restricted |
and exempted under Section 5-30.8 of the Illinois Public |
Aid Code. |
|
(mm) Records that are exempt from disclosure under |
Section 4.2 of the Crime Victims Compensation Act. |
(nn) Information that is exempt from disclosure under |
Section 70 of the Higher Education Student Assistance Act. |
(oo) Communications, notes, records, and reports |
arising out of a peer support counseling session |
prohibited from disclosure under the First Responders |
Suicide Prevention Act. |
(pp) Names and all identifying information relating to |
an employee of an emergency services provider or law |
enforcement agency under the First Responders Suicide |
Prevention Act. |
(qq) Information and records held by the Department of |
Public Health and its authorized representatives collected |
under the Reproductive Health Act. |
(rr) Information that is exempt from disclosure under |
the Cannabis Regulation and Tax Act. |
(ss) Data reported by an employer to the Department of |
Human Rights pursuant to Section 2-108 of the Illinois |
Human Rights Act. |
(tt) Recordings made under the Children's Advocacy |
Center Act, except to the extent authorized under that |
Act. |
(uu) Information that is exempt from disclosure under |
Section 50 of the Sexual Assault Evidence Submission Act. |
(vv) Information that is exempt from disclosure under |
|
subsections (f) and (j) of Section 5-36 of the Illinois |
Public Aid Code. |
(ww) Information that is exempt from disclosure under |
Section 16.8 of the State Treasurer Act. |
(xx) Information that is exempt from disclosure or |
information that shall not be made public under the |
Illinois Insurance Code. |
(yy) Information prohibited from being disclosed under |
the Illinois Educational Labor Relations Act. |
(zz) Information prohibited from being disclosed under |
the Illinois Public Labor Relations Act. |
(aaa) Information prohibited from being disclosed |
under Section 1-167 of the Illinois Pension Code. |
(bbb) Information that is prohibited from disclosure |
by the Illinois Police Training Act and the Illinois State |
Police Act. |
(ccc) Records exempt from disclosure under Section |
2605-304 of the Illinois State Police Law of the Civil |
Administrative Code of Illinois. |
(ddd) Information prohibited from being disclosed |
under Section 35 of the Address Confidentiality for |
Victims of Domestic Violence, Sexual Assault, Human |
Trafficking, or Stalking Act. |
(eee) Information prohibited from being disclosed |
under subsection (b) of Section 75 of the Domestic |
Violence Fatality Review Act. |
|
(fff) Images from cameras under the Expressway Camera |
Act. This subsection (fff) is inoperative on and after |
July 1, 2025. |
(ggg) Information prohibited from disclosure under |
paragraph (3) of subsection (a) of Section 14 of the Nurse |
Agency Licensing Act. |
(hhh) Information submitted to the Illinois State |
Police in an affidavit or application for an assault |
weapon endorsement, assault weapon attachment endorsement, |
.50 caliber rifle endorsement, or .50 caliber cartridge |
endorsement under the Firearm Owners Identification Card |
Act. |
(iii) Data exempt from disclosure under Section 50 of |
the School Safety Drill Act. |
(jjj) (hhh) Information exempt from disclosure under |
Section 30 of the Insurance Data Security Law. |
(kkk) (iii) Confidential business information |
prohibited from disclosure under Section 45 of the Paint |
Stewardship Act. |
(lll) (iii) Data exempt from disclosure under Section |
2-3.196 of the School Code. |
(mmm) (iii) Information prohibited from being |
disclosed under subsection (e) of Section 1-129 of the |
Illinois Power Agency Act. |
(nnn) Information that is exempt from disclosure under |
Section 28-11 of the Lawful Health Care Activity Act. |
|
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; |
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. |
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; |
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. |
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, |
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; |
103-580, eff. 12-8-23; revised 1-2-24.)
|
Section 10. The Illinois Public Aid Code is amended by |
changing Section 11-15 as follows:
|
(305 ILCS 5/11-15) (from Ch. 23, par. 11-15) |
Sec. 11-15. Application requirements. |
(1) An application for financial aid shall be filed in |
writing by the person requesting aid and, in the case of a |
request for family aid, by the head of that family, except as |
otherwise permitted in paragraph (2). Applications for aid |
under Articles III, IV, and V shall be filed in writing with |
any local office of the Department of Human Services in the |
manner prescribed by the Department. Applications for aid |
under Article VI shall be filed in writing with the local |
governmental unit upon forms approved by the Department. |
Each applicant shall provide information as to the amount |
of property, real and personal, owned by him or her within the |
period of time preceding the application as required under |
Sections 3-1.3, 4-1.11, and 5-2.1 of this Code. The applicant |
|
shall also furnish information concerning all income, money |
contributions, and other support from any source, and the |
beneficiary and the amount or cash surrender or loan value of |
all insurance policies held by himself or herself or any |
member of his family for whom aid is requested. |
(2) An application, in all instances to be in writing, may |
be filed in behalf of a person considered to be in need of |
financial aid under Articles III, IV, V, or VI only if the |
person |
(a) has been adjudged to be under legal disability; or |
(b) is unable because of minority or physical or |
mental disability, to execute the application; or |
(c) in the case of need for funeral and burial, died |
before an application was filed and the application is |
filed not more than 30 days after the person's death, |
excluding the day on which the death occurred. |
Applications in behalf of persons specified in (a) and (b) |
shall be filed by the applicant's legal guardian or, if a |
guardian has not been appointed or the applicant has no legal |
guardian or the guardian is not available, by a relative or |
other person, acceptable under the rules of the Illinois |
Department, who is able to furnish the required information. |
Applications in behalf of persons specified in (c) shall be |
filed by any next of kin of the deceased who is not under legal |
disability or, if there are no such next of kin or they are |
unknown or unavailable, by a person, acceptable under the |
|
rules of the Illinois Department, who is able to furnish the |
required information. |
Notwithstanding any other provision of this paragraph (2), |
a minor may sign and file an application on the minor's own |
behalf if the application is for the Article V family planning |
program established under Section 5-5 by Public Act 102-665. |
(3) The application shall contain a written declaration to |
be signed by the applicant, or in behalf of the applicant by a |
person qualified under paragraph (2), in substantially the |
following form, the parenthetical references being applicable |
to an application filed by a person in behalf of the applicant: |
"I declare under penalties of perjury that I have examined |
this form and all accompanying statements or documents |
pertaining to the income and resources of myself (the |
applicant) or any member of my family (the applicant's family) |
included in this application for aid, or pertaining to any |
other matter having bearing upon my (the applicant's) |
eligibility for aid, and to the best of my knowledge and belief |
the information supplied is true, correct, and complete". |
(4) If an application for financial aid is filed for a |
family, and any person in that family is under 18 years of age, |
the application shall be accompanied by the following for each |
such person under 18 years of age: |
(i) a copy of the person's birth certificate, or |
(ii) other reliable proof, as determined by the |
Department, of the person's identity and age. |
|
The Illinois Department shall provide information to all |
families, orally by an intake worker and in writing when the |
application is filed, about the availability and location of |
immunization services. |
(5) Once an applicant is determined eligible for aid, he |
or she has the right to request to have the case transferred to |
another local office of the Department of Human Services for |
his or her convenience based on one of the following factors: |
the location of his or her employer; the location of his or her |
child care provider; access to reliable transportation; or the |
location of a social service provider that he or she sees on a |
regular basis. Within 5 business days after the request for |
transfer, the Department shall transfer the case, assign a |
caseworker, make appropriate entries in the computer system, |
and issue a written notice to the recipient that includes the |
name of and contact information for the caseworker. The |
location of the recipient's case may be reconsidered on the |
recipient's request or at the time of redetermination of |
eligibility. |
(Source: P.A. 96-867, eff. 1-1-11.)
|
Section 15. The Lawful Health Care Activity Act is amended |
by changing Section 28-10 and by adding Sections 28-11, 28-12, |
28-13, and 28-14 as follows:
|
(735 ILCS 40/28-10) |
|
Sec. 28-10. Definitions. As used in this Act: |
"Lawful health care" means: |
(1) reproductive health care that is not unlawful |
under the laws of this State, including on any theory of |
vicarious, joint, several, or conspiracy liability; or |
(2) the treatment of gender dysphoria or the |
affirmation of an individual's gender identity or gender |
expression, including, but not limited to, all supplies, |
care, and services of a medical, behavioral health, mental |
health, surgical, psychiatric, therapeutic, diagnostic, |
preventative, rehabilitative, or supportive nature that is |
not unlawful under the laws of this State, including on |
any theory of vicarious, joint, several, or conspiracy |
liability. |
"Lawful health care activity" means seeking, providing, |
receiving, assisting in seeking, providing, or receiving, |
providing material support for, or traveling to obtain lawful |
health care. |
"Health records related to lawful health care" means |
records that identify a person who has sought or received |
lawful healthcare, including, but not limited to, information |
regarding an individual's medical history, mental or physical |
condition, or medical treatment or diagnosis by a healthcare |
professional, and insurance and billing records for medical |
care. |
"Location information related to lawful health care" means |
|
precise location information that could be reasonably used to |
identify a person's attempt to acquire or receive lawful |
health care, including, but not limited to, records of the |
location of a person's license plate, records of the location |
of a cell phone or other device that tracks location, or |
records of observations of a person's location when the |
location is near a provider of lawful health care. |
"Reproductive health care" shall have the same meaning as |
Section 1-10 of the Reproductive Health Act. |
"State" has the meaning given in Section 1-10 of the |
Reproductive Health Act. |
(Source: P.A. 102-1117, eff. 1-13-23.)
|
(735 ILCS 40/28-11 new) |
Sec. 28-11. Prohibited State actions. |
(a) Unless otherwise necessary to comply with Illinois or |
federal law, the State shall not provide any information or |
expend or use any time, money, facilities, property, |
equipment, personnel, or other resources to assist any |
individual, or out-of-state officer, official, agency, entity, |
or department seeking to impose civil or criminal liability |
upon a person or entity for lawful healthcare activity. |
(b) Location information related to lawful health care and |
health records related to lawful health care are confidential |
and exempt from disclosure under the Freedom of Information |
Act. |
|
(c) This Section does not apply if an individual or |
out-of-state officer, official, agency, entity, or department |
is investigating conduct that would be subject to civil or |
criminal liability under the laws of Illinois.
|
(735 ILCS 40/28-12 new) |
Sec. 28-12. Cause of action. |
(a) Any party aggrieved by conduct or regulation in |
violation of Section 28-11 of this Act may bring a civil action |
in a federal district court or State circuit court against the |
offending unit of government. Any State claim brought in |
federal district court shall be a supplemental claim to a |
federal claim. Any action brought under this Act shall be |
commenced within 2 years after the cause of action was |
discovered. |
(b) Upon motion, a court shall award reasonable attorney's |
fees, court costs, and litigation expenses, including expert |
witness fees and other litigation expenses, to a plaintiff who |
is a prevailing party in any action brought under this Act. In |
awarding reasonable attorney's fees, the court shall consider |
the degree to which the relief obtained relates to the relief |
sought.
|
(735 ILCS 40/28-13 new) |
Sec. 28-13. Reservation of rights. Nothing in this Section |
shall be construed to narrow, restrict, or otherwise limit in |
|
any way any rights, protections, or causes of action with |
respect to lawful health care, including, but not limited to, |
any rights, protections, or causes of action set forth in the |
Reproductive Health Act.
|
(735 ILCS 40/28-14 new) |
Sec. 28-14. Home rule preemption. The regulation of lawful |
health care activity is an exclusive power and function of the |
State. A home rule unit may not regulate lawful health care |
activity. This Section is a denial and limitation of home rule |
powers and functions under subsection (h) of Section 6 of |
Article VII of the Illinois Constitution.
|
Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |
represented by multiple versions), the use of that text does |
not accelerate or delay the taking effect of (i) the changes |
made by this Act or (ii) provisions derived from any other |
Public Act.
|
Section 99. Effective date. This Act takes effect upon |
becoming law. |