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410 ILCS 520/ Illinois Health Statistics Act.

(410 ILCS 520/1) (from Ch. 111 1/2, par. 5601)     Sec. 1. This Act may be cited as the Illinois Health Statistics Act. (Source: P.A. 86‑1475.)

(410 ILCS 520/2) (from Ch. 111 1/2, par. 5602)     Sec. 2. As used in this Act, unless the context otherwise requires, the terms specified in this Section have the meanings ascribed to them herein.     (a) "Department" means the Illinois Department of Public Health.     (b) "Disclosure" means the communication of health data to any individual or organization outside the Department.     (c) "Health data" means any information, except vital records as defined in the Vital Records Act, relating to the health status of people, the availability of health resources and services, and the use and cost of such resources and services.     (d) "Identifiable health data" means any item, collection, or grouping of health data which makes the individual supplying it or described in it identifiable.     (e) "Individual" means a natural person.     (f) "Organization" means any corporation, association, partnership, agency, department, unit or other legally constituted institution or entity or part thereof.     (g) "Research and statistical purposes" means the performance of certain activities relating to health data including but not limited to: (1) describing the group characteristics of individuals or organizations; (2) analyzing the interrelationships among the various characteristics of individuals or organizations; (3) the conduct of statistical procedures or studies to improve the quality of health data; (4) the design of sample surveys and the selection of samples of individuals or organizations; (5) the preparation and publication of reports describing these matters; and (6) other related functions. Specifically excluded as research and statistical purposes is the use of the data for an individual or organization to make any determination directly affecting the rights, benefits, or entitlements of that individual or organization. (Source: P.A. 87‑895.)

(410 ILCS 520/3) (from Ch. 111 1/2, par. 5603)     Sec. 3. The Department of Public Health is hereby designated as the Department to carry out the purposes of this Act. (Source: P.A. 82‑215.)

(410 ILCS 520/4) (from Ch. 111 1/2, par. 5604)     Sec. 4. (a) In carrying out the purposes of this Act, the Department may:         (1) Collect and maintain health data on:             (i) The extent, nature, and impact of illness,

including factors relating to obesity and disability on the population of the State;

(ii) The determinants of health and health

hazards including obesity;

(iii) Health resources, including the extent of

available manpower and resources;

(iv) Utilization of health care;             (v) Health care costs and financing; and             (vi) Other health or health‑related matters.         (2) Undertake and support research, demonstrations,

and evaluations respecting new or improved methods for obtaining current data on the matters referred to in subparagraph (1).

(b) The Department may collect health data under authority granted by any unit of local government and on behalf of other governmental or not‑for‑profit organizations, including data collected by local schools and the State Board of Education relating to obesity on the health examination form required pursuant to Section 27‑8.1 of the School Code. The data shall be de‑identified and aggregated pursuant to rules promulgated by the Department to prevent disclosure of personal identifying information.     (c) The Department shall collect data only on a voluntary basis from individuals and organizations, except when there is specific legal authority to compel the mandatory reporting of the health data so requested. In making any collection of health data from an individual or organization the Department must give to such individual or organization a written statement which states:         (1) Whether the individual or organization is

required to respond, and any sanctions for noncompliance;

(2) The purposes for which the health data are being

collected; and

(3) In the case of any disclosure of identifiable

health data for other than research and statistical purposes, the items to be disclosed, to whom the data are to be disclosed and the purposes for which the data are to be disclosed.

(d) Except as provided in Section 5, no health data obtained in the course of activities undertaken or supported under this Act may be used for any purpose other than the purpose for which they were supplied or for which the individual or organization described in the data has otherwise consented.     (e) The Department shall take such actions as may be necessary to assure that statistics developed under this Act are of high quality, timely, comprehensive, as well as specific, standardized and adequately analyzed and indexed.     (f) The Department shall take such action as is appropriate to effect the coordination of health data activities, including health data specifically relating to obesity collected pursuant to Section 27‑8.1 of the School Code, within the State to eliminate unnecessary duplication of data collection and maximize the usefulness of data collected.     (g) The Department shall (1) participate with state, local and federal agencies in the design and implementation of a cooperative system for producing comparable and uniform health information and statistics at the federal, state, and local levels; and (2) undertake and support research, development, demonstrations, and evaluations respecting such cooperative system. (Source: P.A. 93‑966, eff. 1‑1‑05.)

    (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 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 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 any liability arising under this Act. (Source: P.A. 96‑966, eff. 7‑2‑10.)

(410 ILCS 520/6) (from Ch. 111 1/2, par. 5606)     Sec. 6. The Department shall take appropriate measures to protect the security of health data including:     (a) Limiting the access to health data to authorized individuals who have received training in the handling of such data.     (b) Designating a person to be responsible for physical security.     (c) Developing and implementing a system for monitoring security.     (d) Reviewing periodically all health data to evaluate whether it is appropriate to remove identifying characteristics from the data.     (e) Any data or other information which is to be processed by a computer or other type of artificial intelligence and which is related to human immunodeficiency virus (HIV) testing or the results of such testing or to the testing and test results of any other identified causative agent of acquired immunodeficiency syndrome (AIDS) or to any list of persons known to have been exposed to HIV or to have a diagnosed case of AIDS or AIDS‑related complex shall be stored and processed in the most secure manner available. (Source: P.A. 85‑935.)

(410 ILCS 520/7) (from Ch. 111 1/2, par. 5607)     Sec. 7. The Department may promulgate such reasonable rules and regulations as may be necessary to carry out the provisions of this Act. (Source: P.A. 82‑215.)

(410 ILCS 520/8) (from Ch. 111 1/2, par. 5608)     Sec. 8. The provisions of the Administrative Review Law and the rules adopted pursuant thereto shall apply to and govern all proceedings for judicial review of final administrative decisions of the Department hereunder. For the purposes of this Act the term "administrative decision" has the meaning ascribed to it in Section 3‑101 of the Code of Civil Procedure. (Source: P.A. 82‑783.)

(410 ILCS 520/9) (from Ch. 111 1/2, par. 5609)     Sec. 9. The provisions of "The Illinois Administrative Procedure Act", and the rules and regulations adopted pursuant thereto shall govern all actions and procedures of the Department under this Act. (Source: P.A. 82‑215.)

(410 ILCS 520/10) (from Ch. 111 1/2, par. 5610)     Sec. 10. Any person who intentionally, willfully or wantonly discloses identifiable health data collected pursuant to this Act, except as provided for in Section 5, shall be guilty of a Class C misdemeanor. (Source: P.A. 82‑215.)

(410 ILCS 520/11) (from Ch. 111 1/2, par. 5611)     Sec. 11. This Act takes effect July 1, 1982. (Source: P.A. 82‑215.)