Section 4000.100  Protection of Privacy of Public Aid Applicants and Recipients

Under the Intergovernmental Agreement between the Office of Health Information Technology (OHIT) and the Department of Health and Family Services (HFS), providing OHIT with receipt of HFS data in connection with the implementation of the Illinois Health Information Exchange (ILHIE), the Illinois Health Information Exchange Authority (Authority) is obligated under the Illinois Public Aid Code [305 ILCS 5/11-9 through 11-12] to adopt regulations to protect against prohibited disclosures of public aid applicant and recipient information.

a)         The release of information regarding public aid applicants and recipients shall be governed by Sections 11-9, 11-10 and 11-12 of the Illinois Public Aid Code.  For the protection of applicants and recipients, the following classes of individuals and entities are prohibited from disclosing any information about a recipient or public aid record, except for purposes directly related to the administration of the assistance programs:

1)         OHIT's employees;

2)         OHIT's corporate affiliates and their employees; and

3)         OHIT's subcontractors and their employees.

b)         The following shall be considered as included in the administration of the programs:

1)         The establishment of an individual's initial or continuing eligibility for public assistance;

2)         The establishment or the extent of an individual's need for financial assistance, medical assistance or other services; and

3)         The establishment of procedures assuring the health and safety of the applicant or recipient consistent with and in furtherance of the duties and powers of the Authority under Section 30 of the Illinois Health Information Exchange and Technology Act [20 ILCS 3860/30] (Participation in health information systems maintained by State agencies).

c)         Use of information for commercial, personal or political purposes is specifically prohibited.