HB 2039

Abstract

Creates the Access to Public Health Data Act. Provides that the Department of Public Health, the Department of Human Services, and the Department of Children and Family Services shall, at the request of a local health department in Illinois, make any and all public health data related to residents of that local health department's jurisdiction available to that local health department for the purposes of preventing or controlling disease, injury, or disability. Provides that the Department of Public Health, the Department of Human Services, and the Department of Healthcare and Family Services may adopt any rules necessary to implement the Act. Exempts specified information from inspection and copying under the Freedom of Information Act and makes a conforming change in that Act. Contains other provisions. Amends the Vital Records Act. Provides that no rule adopted by the Department of Public Health shall be construed as restricting access to vital records by any municipality, county, multicounty, public health district, or regional health officer recognized by the Department for the purposes described in specified provisions. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Sets forth provisions concerning master data use agreements. Provides that the Department of Public Health, the Department of Human Services, and the Department of Healthcare and Family Services must provide the latest available data for each certified local health department within 120 business days after completion of the applicable master data use agreement, except to the extent prohibited by current technology (rather than within 90 business days after receiving the data request form). Removes provisions concerning standard request data forms. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes. Provides that each disclosing State department or agency (rather than only department) shall execute a single master data use agreement that includes all data sets and is in accordance with the applicable laws, rules, and regulations pertaining to the specific data being requested. Provides that the State department or agency may require the names of any authorized users who will access or use the data provided. Provides that any data shared between State departments and agencies that is requested by a certified local health department shall be reviewed and approved by the State department or agency providing the data to ensure that all disclosures are made in accordance with procedures set forth in the data use agreements. Makes other changes. Adds a January 1, 2024 effective date.