HB5295: REPRODUCTIVE HEALTH PRIVACY

HB5295 Enrolled LRB104 20300 BDA 34136 b 1 AN ACT concerning health. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Reproductive Health Records Privacy Act. 6 Section 5. Definitions. As used in this Act: 7 "Abortion" has the meaning given to that term in Section 8 1-10 of the Reproductive Health Act. 9 "Abortion-related health care services" means all 10 supplies, care, and services of a medical, behavioral health, 11 mental health, physical health, surgical, psychiatric, 12 therapeutic, diagnostic, preventive, rehabilitative, or 13 supportive nature relating to an abortion. 14 "Coded private health care information" means the health 15 information contained in an electronic health network, related 16 to the following, unless expanded, narrowed, or otherwise 17 changed by rule adopted by the Department of Public Health 18 under 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 18 Health 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 21 health care provider or a hospital licensed under the Illinois 22 Hospital Licensing Act or a hospital licensed under the 23 University of Illinois Hospital Act, that is responsible for 24 facilitating 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 9 in the Health Insurance Portability and Accountability Act of 10 1996 (HIPAA), as specified in 45 CFR 160.103. 11 "Patient" means any person who has received or is 12 receiving health care services in this State from an 13 individual or institution licensed to provide health care 14 services in this State. 15 "Private health care information" means the health 16 information contained in an electronic health network related 17 to the following, unless expanded, narrowed, or otherwise 18 changed by rule adopted by the Department of Public Health 19 under 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 23 capabilities. 24 (a) An electronic health network shall prevent the 25 disclosure of a patient's coded private health care HB5295 Enrolled - 4 - LRB104 20300 BDA 34136 b 1 information to a provider, business entity, other electronic 2 health network, or health information exchange located outside 3 this 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 20 the technological capabilities to, with respect to 21 out-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 10 care provider, business entity, other electronic health 11 network, or health information exchange located outside this 12 State that private health care information may have been 13 segregated from a patient's electronic health record. 14 (d) The Department of Public Health may adopt rules as 15 necessary to administer and implement this Act. If the 16 Department adopts rules regarding the definition of private 17 health care information, the Department shall consider any 18 necessary exceptions to segregation and adopt rules that set 19 forth those exceptions as determined. 20 (e) Nothing in this Act shall be interpreted to undermine 21 the existing protections against disclosure of confidential 22 health information or lawful health care activity, including, 23 but not limited to, pursuant to the Lawful Health Care 24 Activity Act and the Personal Information Protection Act. 25 (f) Nothing in this Act shall be interpreted to require 26 health 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 3 to be shared, in whole or in part, with a specific covered 4 entity located outside the State through an electronic health 5 network in accordance with 45 CFR 171.202(b)(1). A patient may 6 also revoke a prior decision to direct private health care 7 information to be shared or not to be shared. 8 (b) An electronic health network shall make available to 9 covered entities meaningful information regarding a patient's 10 right to direct the electronic health network to share the 11 patient's private health care information. 12 (c) The Department of Public Health may publish, on its 13 website, information about this Act in English, Spanish, and 14 any other languages the Department deems necessary. 15 Section 20. Violations. Any person aggrieved by a 16 violation of this Act by an electronic health network may 17 bring an action against that electronic health network. Actual 18 damages, injunctive relief, and reasonable attorney's fees and 19 costs, as well as any other relief which the court deems 20 proper, may be awarded to a successful plaintiff in any action 21 under this Act. Nothing contained in this Act shall be deemed 22 to authorize the bringing of any action against any health 23 care provider. HB5295 Enrolled - 7 - LRB104 20300 BDA 34136 b 1 Section 97. Severability. The provisions of this Act are 2 severable under Section 1.31 of the Statute on Statutes. 3 Section 99. Effective date. This Act takes effect July 1, 4 2027.