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| Public Act 096-0966 |
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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: | ||||
(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 | ||||
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 | ||
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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