2020 Illinois Compiled Statutes
Chapter 20 - EXECUTIVE BRANCH
20 ILCS 3860/ - Illinois Health Information Exchange and Technology Act.

(20 ILCS 3860/1)

(Section scheduled to be repealed on January 1, 2022)

Sec. 1. Short title. This Act may be cited as the Illinois Health Information Exchange and Technology Act.

(Source: P.A. 96-1331, eff. 7-27-10.)

(20 ILCS 3860/5)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5. Purpose. Health information technology improves the quality of patient care, increases the efficiency of health care practices, improves safety, and reduces healthcare errors. The State of Illinois has an interest in encouraging the adoption of a health information system to improve the safety, quality, and value of health care, to protect and keep health information secure, and to use the health information exchange system to advance and meet population health goals. To ensure that the benefits of health information technology are available to the consumers of Illinois and to encourage greater patient participation in health care decisions, the State must provide a framework for the exchange of health information and encourage the widespread adoption of electronic health systems and the use of electronic health records among health care providers and patients. The creation of a State-level health information exchange system will allow, among other benefits, the widespread utilization of electronic health records by health care providers and patients in order to ensure that Illinois' health care providers can achieve the meaningful use of electronic records, as defined by federal law, and participate fully in the health information technology incentives available from the federal government under the Medicare and Medicaid programs.

(Source: P.A. 96-1331, eff. 7-27-10.)

(20 ILCS 3860/10)

(Section scheduled to be repealed on January 1, 2022)

Sec. 10. Creation of the Health Information Exchange Office. There is hereby created the Illinois Health Information Exchange Office ("Office"), which is hereby constituted as an instrumentality and an administrative agency of the State of Illinois.

As part of its program to promote, develop, and sustain health information exchange at the State level, the Office shall do the following:

• (1) Establish the Illinois Health Information Exchange ("ILHIE"), to promote and facilitate the sharing of health information among health care providers within Illinois and in other states. ILHIE shall be an entity operated by the Office to serve as a State-level electronic medical records exchange providing for the transfer of health information, medical records, and other health data in a secure environment for the benefit of patient care, patient safety, reduction of duplicate medical tests, reduction of administrative costs, and any other benefits deemed appropriate by the Office.
• (2) Foster the widespread adoption of electronic health records and participation in the ILHIE.

(Source: P.A. 101-649, eff. 7-7-20.)

(20 ILCS 3860/15)

Sec. 15. (Repealed).

(Source: P.A. 99-581, eff. 1-1-17. Repealed by P.A. 101-649, eff. 7-7-20.)

(20 ILCS 3860/20)

(Section scheduled to be repealed on January 1, 2022)

Sec. 20. Powers and duties of the Illinois Health Information Exchange Office. The Office has the following powers, together with all powers incidental or necessary to accomplish the purposes of this Act:

• (1) The Office shall create and administer the ILHIE using information systems and processes that are secure, are cost effective, and meet all other relevant privacy and security requirements under State and federal law.
• (2) The Office shall establish and adopt standards and requirements for the use of health information and the requirements for participation in the ILHIE by persons or entities including, but not limited to, health care providers, payors, and local health information exchanges.
• (3) The Office shall establish minimum standards for accessing the ILHIE to ensure that the appropriate security and privacy protections apply to health information, consistent with applicable federal and State standards and laws. The Office shall have the power to suspend, limit, or terminate the right to participate in the ILHIE for non-compliance or failure to act, with respect to applicable standards and laws, in the best interests of patients, users of the ILHIE, or the public. The Office may seek all remedies allowed by law to address any violation of the terms of participation in the ILHIE.
• (4) The Office shall identify barriers to the adoption of electronic health records systems, including researching the rates and patterns of dissemination and use of electronic health record systems throughout the State. The Office shall make the results of the research available on the Department of Healthcare and Family Services' website.
• (5) The Office shall prepare educational materials and educate the general public on the benefits of electronic health records, the ILHIE, and the safeguards available to prevent unauthorized disclosure of health information.
• (6) The Office may appoint or designate an institutional review board in accordance with federal and State law to review and approve requests for research in order to ensure compliance with standards and patient privacy and security protections as specified in paragraph (3) of this Section.
• (7) The Office may enter into all contracts and agreements necessary or incidental to the performance of its powers under this Act. The Office's expenditures of private funds are exempt from the Illinois Procurement Code, pursuant to Section 1-10 of that Act. Notwithstanding this exception, the Office shall comply with the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.
• (8) The Office may solicit and accept grants, loans, contributions, or appropriations from any public or private source and may expend those moneys, through contracts, grants, loans, or agreements, on activities it considers suitable to the performance of its duties under this Act.
• (9) The Office may determine, charge, and collect any fees, charges, costs, and expenses from any healthcare provider or entity in connection with its duties under this Act. Moneys collected under this paragraph (9) shall be deposited into the Health Information Exchange Fund.
• (10) The Office may employ and discharge staff, including administrative, technical, expert, professional, and legal staff, as is necessary or convenient to carry out the purposes of this Act and as authorized by the Personnel Code.
• (10.5) Staff employed by the Illinois Health Information Exchange Authority on the effective date of this amendatory Act of the 101st General Assembly shall transfer to the Office within the Department of Healthcare and Family Services.
• (10.6) The status and rights of employees transferring from the Illinois Health Information Exchange Authority under paragraph (10.5) shall not be affected by such transfer except that, notwithstanding any other State law to the contrary, those employees shall maintain their seniority and their positions shall convert to titles of comparable organizational level under the Personnel Code and become subject to the Personnel Code. Other than the changes described in this paragraph, the rights of employees, the State of Illinois, and State agencies under the Personnel Code or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act of the 101st General Assembly. Transferring personnel shall continue their service within the Office.
• (11) The Office shall consult and coordinate with the Department of Public Health to further the Office's collection of health information from health care providers for public health purposes. The collection of public health information shall include identifiable information for use by the Office or other State agencies to comply with State and federal laws. Any identifiable information so collected shall be privileged and confidential in accordance with Sections 8-2101, 8-2102, 8-2103, 8-2104, and 8-2105 of the Code of Civil Procedure.
• (12) All identified or deidentified health information in the form of health data or medical records contained in, stored in, submitted to, transferred by, or released from the Illinois Health Information Exchange, and identified or deidentified health information in the form of health data and medical records of the Illinois Health Information Exchange in the possession of the Illinois Health Information Exchange Office due to its administration of the Illinois Health Information Exchange, shall be exempt from inspection and copying under the Freedom of Information Act. The terms "identified" and "deidentified" shall be given the same meaning as in the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, or any subsequent amendments thereto, and any regulations promulgated thereunder.
• (13) To address gaps in the adoption of, workforce preparation for, and exchange of electronic health records that result in regional and socioeconomic disparities in the delivery of care, the Office may evaluate such gaps and provide resources as available, giving priority to healthcare providers serving a significant percentage of Medicaid or uninsured patients and in medically underserved or rural areas.
• (14) The Office shall perform its duties under this Act in consultation with the Office of the Governor and with the Departments of Public Health, Insurance, and Human Services. (Source: P.A. 100-391, eff. 8-25-17; 101-649, eff. 7-7-20.)

(20 ILCS 3860/25)

(Section scheduled to be repealed on January 1, 2022)

Sec. 25. Health Information Exchange Fund.

(a) The Health Information Exchange Fund (the "Fund") is created as a separate fund outside the State treasury. Moneys in the Fund are not subject to appropriation by the General Assembly. The State Treasurer shall be ex-officio custodian of the Fund. Revenues arising from the operation and administration of the Office and the ILHIE shall be deposited into the Fund. Fees, charges, State and federal moneys, grants, donations, gifts, interest, or other moneys shall be deposited into the Fund. "Private funds" means gifts, donations, and private grants.

(b) The Office is authorized to spend moneys in the Fund on activities suitable to the performance of its duties as provided in Section 20 of this Act and authorized by this Act. Disbursements may be made from the Fund for purposes related to the operations and functions of the Office and the ILHIE.

(c) The Illinois General Assembly may appropriate moneys to the Office and the ILHIE, and those moneys shall be deposited into the Fund.

(d) The Fund is not subject to administrative charges or charge-backs, including but not limited to those authorized under Section 8h of the State Finance Act.

(e) The Office's accounts and books shall be set up and maintained in accordance with the Office of the Comptroller's requirements, and the Director of the Department of Healthcare and Family Services shall be responsible for the approval of recording of receipts, approval of payments, and proper filing of required reports. The moneys held and made available by the Office shall be subject to financial and compliance audits by the Auditor General in compliance with the Illinois State Auditing Act.

(Source: P.A. 101-649, eff. 7-7-20.)

(20 ILCS 3860/30)

(Section scheduled to be repealed on January 1, 2022)

Sec. 30. Participation in health information systems maintained by State agencies.

(a) By no later than January 1, 2015, each State agency that implements, acquires, or upgrades health information technology systems shall use health information technology systems and products that meet minimum standards adopted by the Office for accessing the ILHIE. State agencies that have health information which supports and develops the ILHIE shall provide access to patient-specific data to complete the patient record at the ILHIE. Notwithstanding any other provision of State law, the State agencies shall provide patient-specific data to the ILHIE.

(b) Participation in the ILHIE shall have no impact on the content of or use or disclosure of health information of patient participants that is held in locations other than the ILHIE. Nothing in this Act shall limit or change an entity's obligation to exchange health information in accordance with applicable federal and State laws and standards.

(Source: P.A. 101-649, eff. 7-7-20.)

(20 ILCS 3860/35)

(Section scheduled to be repealed on January 1, 2022)

Sec. 35. Illinois Administrative Procedure Act. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Office, except that Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rulemaking does not apply to the adoption of any rule required by federal law when the Office is precluded by that law from exercising any discretion regarding that rule.

(Source: P.A. 101-649, eff. 7-7-20.)

(20 ILCS 3860/40)

(Section scheduled to be repealed on January 1, 2022)

Sec. 40. Reliance on data. Any health care provider who relies in good faith upon any information provided through the ILHIE in his, her, or its treatment of a patient shall be immune from criminal or civil liability or professional discipline arising from any damages caused by such good faith reliance. This immunity does not apply to acts or omissions constituting gross negligence or reckless, wanton, or intentional misconduct. Notwithstanding this provision, the Office does not waive any immunities provided under State or federal law.

(Source: P.A. 101-649, eff. 7-7-20.)

(20 ILCS 3860/900)

Sec. 900. (Amendatory provisions; text omitted).

(Source: P.A. 96-1331, eff. 7-27-10; text omitted.)

(20 ILCS 3860/905)

Sec. 905. (Amendatory provisions; text omitted).

(Source: P.A. 96-1331, eff. 7-27-10; text omitted.)

(20 ILCS 3860/910)

Sec. 910. (Amendatory provisions; text omitted).

(Source: P.A. 96-1331, eff. 7-27-10; text omitted.)

(20 ILCS 3860/995)

(Section scheduled to be repealed on January 1, 2022)

Sec. 995. Severability. If any provision of this Act or application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid application or provision, and to this end the provisions of this Act are declared to be severable.

(Source: P.A. 96-1331, eff. 7-27-10.)

(20 ILCS 3860/999)

(Section scheduled to be repealed on January 1, 2022)

Sec. 999. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 96-1331, eff. 7-27-10.)