HB0639 94TH GENERAL ASSEMBLY

LRB094 06810 RXD 36913 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0639

Introduced 1/28/2005, by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:

410 ILCS 50/2.06 new
410 ILCS 50/2.07 new
410 ILCS 50/3.3 new
410 ILCS 50/3.4 new
410 ILCS 50/3.5 new

Amends the Medical Patient Rights Act. Establishes protections for patient records and procedures that must be followed before those records may be transmitted to a site outside the United States.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Medical Patient Rights Act is amended by adding Sections 2.06, 2.07, 3.3, 3.4, and 3.5 as follows:

(410 ILCS 50/2.06 new)

Sec. 2.06. "Health care business" means any person or entity, whether established to make a profit or not, that collects or retains individually identifiable health information about individuals in relation to medical care.

(410 ILCS 50/2.07 new)

Sec. 2.07. "Individually identifiable health information" has the same meaning as in the federal Health Insurance Portability and Accountability Act of 1996.

(410 ILCS 50/3.3 new)

Sec. 3.3. Receipt and transmission of individually identifiable health information.

(a) A person or entity that has contracted or subcontracted with a health care business to receive individually identifiable health information shall disclose to the health care business whether any of the information will be transferred to a site outside the United States.

(b) No health care business, or person or entity that has contracted or subcontracted with a health care business, shall transmit individually identifiable health information to a site outside the United States unless all of the following apply:

(1) The health care business discloses to the individual at the time of enrollment and reenrollment, or in the case of a health facility upon admission or as soon as practical after admission, that his or her individually identifiable health information may be transmitted to a site outside the United States.

(2) The health care business obtains a consent acknowledgment from the individual whose health information is identifiable that his or her individually identifiable health information may be transmitted to a site outside the United States. This consent must be renewed annually.

(3) The individual may revoke his or her consent in writing to the health care business at any time.

(4) The obligations imposed on a health care business by this Section are undertaken by the business itself and are not delegated to a physician or surgeon employed by, or contracted with, the health care business.

(410 ILCS 50/3.4 new)

Sec. 3.4. Consent required.

(a) A health care business shall utilize a form, statement, or writing to obtain consent to transmit individually identifiable health information to a site outside the United States.

(b) The form, statement, or writing shall meet the following criteria:

(1) It shall be dated and signed by the individual whose health care information is identifiable.

(2) It shall clearly and conspicuously disclose all of the following:

(A) By signing, the individual is consenting to the transmission of his or her individually identifiable health information to a site outside the United States.

(B) The consent of the individual must be renewed on at least an annual basis.

(C) The individual may revoke his or her consent at any time.

(D) The procedure by which consent may be revoked.

(410 ILCS 50/3.5 new)

Sec. 3.5. Discrimination prohibited. A health care business shall not discriminate against an individual or deny an individual health care service because the individual has not provided his or her consent under Sections 3.3 and 3.4.