REPRODUCTIVE HEALTH PRIVACY

Illinois General Assembly - Full Text of HB5295

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Full Text of HB5295

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HB5295 - 104th General Assembly

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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
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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
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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
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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
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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
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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.

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