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Illinois General Assembly· SB 2886Governor Approved

GENETIC INFO PRIVACY-BIOMARKER, the official text

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SB2886 Enrolled                     LRB104 17128 BDA 30547 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 5. The Genetic Information Privacy Act is amended

5 by changing Sections 5, 10, 15, 20, 25, 30, 31, 31.1, 31.2,

6 31.3, 31.5, 31.7, 31.8, 31.9, 31.10, and 50 as follows:

7   (410 ILCS 513/5)

8   Sec. 5. Legislative findings; intent. The General Assembly

9 finds that:

10  (1) The use of genetic testing, biomarker testing, or

11  both can be valuable to an individual.

12  (2) Despite existing laws, regulations, and

13  professional standards which require or promote voluntary

14  and confidential use of genetic testing and biomarker

15  testing information, many members of the public are

16  deterred from seeking genetic testing or biomarker testing

17  because of fear that test results will be disclosed

18  without consent in a manner not permitted by law or will be

19  used in a discriminatory manner.

20  (3) The public health will be served by facilitating

21  voluntary and confidential nondiscriminatory use of

22  genetic testing and biomarker testing information.

23  (4) The use of electronic health record systems and
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1   the exchange of patient records, both paper and

2   electronic, through secure means, including through secure

3   health information exchanges, should be encouraged to

4   improve patient health care and care coordination,

5   facilitate public health reporting, and control health

6   care costs, among other purposes.

7   (5) Limiting the use or disclosure of, and requests

8   for, protected health information to the minimum necessary

9   to accomplish an intended purpose, when being transmitted

10  by or on behalf of a covered entity under HIPAA, is a key

11  component of health information privacy. The disclosure of

12  genetic information or biomarkers, when allowed by this

13  Act, shall be performed in accordance with the minimum

14  necessary standard when required under HIPAA.

15 (Source: P.A. 98-1046, eff. 1-1-15.)

16  (410 ILCS 513/10)

17  Sec. 10. Definitions. As used in this Act:

18  "Biomarker" has the meaning ascribed to it in Section

19 356z.46 of the Illinois Insurance Code.

20  "Biomarker testing" has the meaning ascribed to it in

21 Section 356z.46 of the Illinois Insurance Code.

22  "Business associate" has the meaning ascribed to it under

23 HIPAA, as specified in 45 CFR 160.103.

24  "Covered entity" has the meaning ascribed to it under

25 HIPAA, as specified in 45 CFR 160.103.
    SB2886 Enrolled   -3-             LRB104 17128 BDA 30547 b

1   "De-identified information" means health information that

2 is not individually identifiable as described under HIPAA, as

3 specified in 45 CFR 164.514(b).

4   "Disclosure" has the meaning ascribed to it under HIPAA,

5 as specified in 45 CFR 160.103.

6   "Employer" means the State of Illinois, any unit of local

7 government, and any board, commission, department,

8 institution, or school district, any party to a public

9 contract, any joint apprenticeship or training committee

10 within the State, and every other person employing employees

11 within the State.

12  "Employment agency" means both public and private

13 employment agencies and any person, labor organization, or

14 labor union having a hiring hall or hiring office regularly

15 undertaking, with or without compensation, to procure

16 opportunities to work, or to procure, recruit, refer, or place

17 employees.

18  "Family member" means, with respect to an individual, (i)

19 the spouse of the individual; (ii) a dependent child of the

20 individual, including a child who is born to or placed for

21 adoption with the individual; (iii) any other person

22 qualifying as a covered dependent under a managed care plan;

23 and (iv) all other individuals related by blood or law to the

24 individual or the spouse or child described in subsections (i)

25 through (iii) of this definition.

26  "Genetic information" has the meaning ascribed to it under
    SB2886 Enrolled             -4-        LRB104 17128 BDA 30547 b

1 HIPAA, as specified in 45 CFR 160.103.

2   "Genetic monitoring" means the periodic examination of

3 employees to evaluate acquired modifications to their genetic

4 material, such as chromosomal damage or evidence of increased

5 occurrence of mutations that may have developed in the course

6 of employment due to exposure to toxic substances in the

7 workplace in order to identify, evaluate, and respond to

8 effects of or control adverse environmental exposures in the

9 workplace.

10  "Genetic services" has the meaning ascribed to it under

11 HIPAA, as specified in 45 CFR 160.103.

12  "Genetic testing" and "genetic test" have the meaning

13 ascribed to "genetic test" under HIPAA, as specified in 45 CFR

14 160.103. "Genetic testing" includes direct-to-consumer

15 commercial genetic testing.

16  "Health care operations" has the meaning ascribed to it

17 under HIPAA, as specified in 45 CFR 164.501.

18  "Health care professional" means (i) a licensed physician,

19 (ii) a licensed physician assistant, (iii) a licensed advanced

20 practice registered nurse, (iv) a licensed dentist, (v) a

21 licensed podiatric physician, (vi) a licensed genetic

22 counselor, or (vii) an individual certified to provide genetic

23 testing by a state or local public health department.

24  "Health care provider" has the meaning ascribed to it

25 under HIPAA, as specified in 45 CFR 160.103.

26  "Health facility" means a hospital, blood bank, blood
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1 center, sperm bank, or other health care institution,

2 including any "health facility" as that term is defined in the

3 Illinois Finance Authority Act.

4   "Health information exchange" or "HIE" means a health

5 information exchange or health information organization that

6 exchanges health information electronically. In certain

7 circumstances, in accordance with HIPAA, an HIE will be a

8 business associate.

9   "Health oversight agency" has the meaning ascribed to it

10 under HIPAA, as specified in 45 CFR 164.501.

11  "HIPAA" means the Health Insurance Portability and

12 Accountability Act of 1996, Public Law 104-191, as amended by

13 the Health Information Technology for Economic and Clinical

14 Health Act of 2009, Public Law 111-05, and any subsequent

15 amendments thereto and any regulations promulgated thereunder.

16  "Insurer" means (i) an entity that is subject to the

17 jurisdiction of the Director of Insurance and (ii) a managed

18 care plan.

19  "Labor organization" includes any organization, labor

20 union, craft union, or any voluntary unincorporated

21 association designed to further the cause of the rights of

22 union labor that is constituted for the purpose, in whole or in

23 part, of collective bargaining or of dealing with employers

24 concerning grievances, terms or conditions of employment, or

25 apprenticeships or applications for apprenticeships, or of

26 other mutual aid or protection in connection with employment,
    SB2886 Enrolled       -6-  LRB104 17128 BDA 30547 b

1 including apprenticeships or applications for apprenticeships.

2   "Licensing agency" means a board, commission, committee,

3 council, department, or officers, except a judicial officer,

4 in this State or any political subdivision authorized to

5 grant, deny, renew, revoke, suspend, annul, withdraw, or amend

6 a license or certificate of registration.

7   "Limited data set" has the meaning ascribed to it under

8 HIPAA, as described in 45 CFR 164.514(e)(2).

9   "Managed care plan" means a plan that establishes,

10 operates, or maintains a network of health care providers that

11 have entered into agreements with the plan to provide health

12 care services to enrollees where the plan has the ultimate and

13 direct contractual obligation to the enrollee to arrange for

14 the provision of or pay for services through:

15  (1) organizational arrangements for ongoing quality

16  assurance, utilization review programs, or dispute

17  resolution; or

18  (2) financial incentives for persons enrolled in the

19  plan to use the participating providers and procedures

20  covered by the plan.

21  A managed care plan may be established or operated by any

22 entity including a licensed insurance company, hospital or

23 medical service plan, health maintenance organization, limited

24 health service organization, preferred provider organization,

25 third party administrator, or an employer or employee

26 organization.
    SB2886 Enrolled              -7-    LRB104 17128 BDA 30547 b

1   "Minimum necessary" means HIPAA's standard for using,

2 disclosing, and requesting protected health information found

3 in 45 CFR 164.502(b) and 164.514(d).

4   "Nontherapeutic purpose" means a purpose that is not

5 intended to improve or preserve the life or health of the

6 individual whom the information concerns.

7   "Organized health care arrangement" has the meaning

8 ascribed to it under HIPAA, as specified in 45 CFR 160.103.

9   "Patient safety activities" has the meaning ascribed to it

10 under 42 CFR 3.20.

11  "Payment" has the meaning ascribed to it under HIPAA, as

12 specified in 45 CFR 164.501.

13  "Person" includes any natural person, partnership,

14 association, joint venture, trust, governmental entity, public

15 or private corporation, health facility, or other legal

16 entity.

17  "Protected health information" has the meaning ascribed to

18 it under HIPAA, as specified in 45 CFR 164.103.

19  "Research" has the meaning ascribed to it under HIPAA, as

20 specified in 45 CFR 164.501.

21  "State agency" means an instrumentality of the State of

22 Illinois and any instrumentality of another state which

23 pursuant to applicable law or a written undertaking with an

24 instrumentality of the State of Illinois is bound to protect

25 the privacy of genetic information of Illinois persons or

26 biomarkers of Illinois persons.
    SB2886 Enrolled             -8-  LRB104 17128 BDA 30547 b

1   "Treatment" has the meaning ascribed to it under HIPAA, as

2 specified in 45 CFR 164.501.

3   "Use" has the meaning ascribed to it under HIPAA, as

4 specified in 45 CFR 160.103, where context dictates.

5 (Source: P.A. 103-508, eff. 8-4-23; 104-417, eff. 8-15-25.)

6   (410 ILCS 513/15)

7   Sec. 15. Confidentiality of genetic information.

8   (a) Except as otherwise provided in this Act, biomarker

9 testing, information derived from biomarker testing, genetic

10 testing, and information derived from genetic testing are is

11 confidential and privileged and may be released only to the

12 individual tested and to persons specifically authorized, in

13 writing in accordance with Section 30, by that individual to

14 receive the information. Except as otherwise provided in

15 subsection (b) and in Section 30, this information shall not

16 be admissible as evidence, nor discoverable in any action of

17 any kind in any court, or before any tribunal, board, agency,

18 or person pursuant to Part 21 of Article VIII of the Code of

19 Civil Procedure. No liability shall attach to any hospital,

20 physician, or other health care provider for compliance with

21 the provisions of this Act including a specific written

22 release by the individual in accordance with this Act.

23  (b) When a biological sample is legally obtained by a

24 peace officer for use in a criminal investigation or

25 prosecution, information derived from genetic testing of that
    SB2886 Enrolled   -9-                  LRB104 17128 BDA 30547 b

1 sample may be disclosed for identification purposes to

2 appropriate law enforcement authorities conducting the

3 investigation or prosecution and may be used in accordance

4 with Section 5-4-3 of the Unified Code of Corrections. The

5 information may be used for identification purposes during the

6 course of the investigation or prosecution with respect to the

7 individual tested without the consent of the individual and

8 shall be admissible as evidence in court.

9   The information shall be confidential and may be disclosed

10 only for purposes of criminal investigation or prosecution.

11  Genetic testing and genetic information derived thereof

12 shall be admissible as evidence and discoverable, subject to a

13 protective order, in any actions alleging a violation of this

14 Act, seeking to enforce Section 30 of this Act through the

15 Illinois Insurance Code, alleging discriminatory genetic

16 testing or use of genetic information under the Illinois Human

17 Rights Act or the Illinois Civil Rights Act of 2003, or

18 requesting a workers' compensation claim under the Workers'

19 Compensation Act.

20  (c) If the subject of the information requested by law

21 enforcement is found innocent of the offense or otherwise not

22 criminally penalized, then the court records shall be expunged

23 by the court within 30 days after the final legal proceeding.

24 The court shall notify the subject of the information of the

25 expungement of the records in writing.

26  (d) Results of genetic testing that indicate that the
    SB2886 Enrolled    - 10 - LRB104 17128 BDA 30547 b

1 individual tested is at the time of the test afflicted with a
2 disease, whether or not currently symptomatic, are not subject
3 to the confidentiality requirements of this Act.
4 (Source: P.A. 95-927, eff. 1-1-09.)

5   (410 ILCS 513/20)

6   Sec. 20. Use of genetic testing information for insurance

7 purposes.

8   (a) An insurer may not seek information derived from

9 genetic testing or biomarker testing for use in connection

10 with a policy of accident and health insurance. Except as

11 provided in subsection (c), an insurer that receives

12 information derived from genetic testing or biomarker testing,

13 regardless of the source of that information, may not use the

14 information for a nontherapeutic purpose as it relates to a

15 policy of accident and health insurance.

16  (b) An insurer shall not use or disclose protected health

17 information that is genetic information or a biomarker for

18 underwriting purposes. For purposes of this Section,

19 "underwriting purposes" means, with respect to an insurer:

20  (1) rules for, or determination of, eligibility

21  (including enrollment and continued eligibility) for, or

22  determination of, benefits under the plan, coverage, or

23  policy (including changes in deductibles or other

24  cost-sharing mechanisms in return for activities such as

25  completing a health risk assessment or participating in a
    SB2886 Enrolled       - 11 - LRB104 17128 BDA 30547 b

1   wellness program);

2   (2) the computation of premium or contribution amounts

3   under the plan, coverage, or policy (including discounts,

4   rebates, payments in kind, or other premium differential

5   mechanisms in return for activities, such as completing a

6   health risk assessment or participating in a wellness

7   program);

8   (3) the application of any pre-existing condition

9   exclusion under the plan, coverage, or policy; and

10  (4) other activities related to the creation, renewal,

11  or replacement of a contract of health insurance or health

12  benefits.

13  "Underwriting purposes" does not include determinations of

14 medical appropriateness where an individual seeks a benefit

15 under the plan, coverage, or policy.

16  This subsection (b) does not apply to insurers that are

17 issuing a long-term care policy, excluding a nursing home

18 fixed indemnity plan.

19  (c) An insurer may consider the results of genetic testing

20 or biomarker testing in connection with a policy of accident

21 and health insurance if the individual voluntarily submits the

22 results and the results are favorable to the individual.

23  (d) An insurer that possesses information derived from

24 genetic testing or biomarker testing may not release the

25 information to a third party, except as specified in this Act.

26  (e) A company providing direct-to-consumer commercial
    SB2886 Enrolled    - 12 - LRB104 17128 BDA 30547 b

1 genetic testing or biomarker testing is prohibited from
2 sharing any genetic test information or biomarker information
3 or other personally identifiable information about a consumer
4 with any health or life insurance company without written
5 consent from the consumer.
6 (Source: P.A. 101-132, eff. 1-1-20.)

7   (410 ILCS 513/25)

8   Sec. 25. Use of genetic testing information or biomarker

9 testing information by employers.

10  (a) An employer, employment agency, labor organization,

11 and licensing agency shall treat genetic testing, and genetic

12 information, biomarker testing, and biomarkers in such a

13 manner that is consistent with the requirements of federal

14 law, including but not limited to the Genetic Information

15 Nondiscrimination Act of 2008, the Americans with Disabilities

16 Act, Title VII of the Civil Rights Act of 1964, the Family and

17 Medical Leave Act of 1993, the Occupational Safety and Health

18 Act of 1970, the Federal Mine Safety and Health Act of 1977, or

19 the Atomic Energy Act of 1954.

20  (b) An employer may release genetic testing or biomarker

21 testing information only in accordance with this Act.

22  (c) An employer, employment agency, labor organization,

23 and licensing agency shall not directly or indirectly do any

24 of the following:

25  (1) solicit, request, require, or purchase biomarker
    SB2886 Enrolled     - 13 - LRB104 17128 BDA 30547 b

1   testing, biomarkers, genetic testing, or genetic

2   information of a person or a family member of the person,

3   or administer a genetic test or biomarker test to a person

4   or a family member of the person as a condition of

5   employment, preemployment application, labor organization

6   membership, or licensure;

7   (2) affect the terms, conditions, or privileges of

8   employment, preemployment application, labor organization

9   membership, or licensure, or terminate the employment,

10  labor organization membership, or licensure of any person

11  because of biomarker testing, biomarkers, genetic testing,

12  or genetic information with respect to the employee or

13  family member, or information about a request for or the

14  receipt of genetic testing or biomarker testing by such

15  employee or family member of such employee;

16  (3) limit, segregate, or classify employees in any way

17  that would deprive or tend to deprive any employee of

18  employment opportunities or otherwise adversely affect the

19  status of the employee as an employee because of biomarker

20  testing, biomarkers, genetic testing, or genetic

21  information with respect to the employee or a family

22  member, or information about a request for or the receipt

23  of biomarker testing, biomarkers, genetic testing, or

24  genetic information by such employee or family member of

25  such employee; and

26  (4) retaliate through discharge or in any other manner
    SB2886 Enrolled  - 14 - LRB104 17128 BDA 30547 b

1   against any person alleging a violation of this Act or

2   participating in any manner in a proceeding under this

3   Act.

4   (d) An agreement between a person and an employer,

5 prospective employer, employment agency, labor organization,

6 or licensing agency, or its employees, agents, or members

7 offering the person employment, labor organization membership,

8 licensure, or any pay or benefit in return for taking a genetic

9 test or biomarker test is prohibited.

10  (e) An employer shall not use biomarker testing,

11 biomarkers, genetic information, or genetic testing in

12 furtherance of a workplace wellness program benefiting

13 employees unless (1) health or genetic services are offered by

14 the employer, (2) the employee provides written authorization

15 in accordance with Section 30 of this Act, (3) only the

16 employee or family member if the family member is receiving

17 genetic services and the licensed health care professional or

18 licensed genetic counselor involved in providing such services

19 receive individually identifiable information concerning the

20 results of such services, and (4) any individually

21 identifiable information is only available for purposes of

22 such services and shall not be disclosed to the employer

23 except in aggregate terms that do not disclose the identity of

24 specific employees. An employer shall not penalize an employee

25 who does not disclose his or her genetic information or

26 biomarkers or does not choose to participate in a program
    SB2886 Enrolled           - 15 - LRB104 17128 BDA 30547 b

1 requiring disclosure of the employee's genetic information or

2 biomarkers.

3   (f) Nothing in this Act shall be construed to prohibit

4 biomarker testing or genetic testing of an employee who

5 requests a biomarker test or genetic test and who provides

6 written authorization, in accordance with Section 30 of this

7 Act, from taking a biomarker test or genetic test for the

8 purpose of initiating a workers' compensation claim under the

9 Workers' Compensation Act.

10  (g) A purchase of commercially and publicly available

11 documents, including newspapers, magazines, periodicals, and

12 books but not including medical databases or court records or

13 inadvertently requesting family medical history by an

14 employer, employment agency, labor organization, and licensing

15 agency does not violate this Act.

16  (h) Nothing in this Act shall be construed to prohibit an

17 employer that conducts DNA analysis for law enforcement

18 purposes as a forensic laboratory and that includes such

19 analysis in the Combined DNA Index System pursuant to the

20 federal Violent Crime Control and Law Enforcement Act of 1994

21 from requesting or requiring genetic testing or genetic

22 information of such employer's employees, but only to the

23 extent that such genetic testing or genetic information is

24 used for analysis of DNA identification markers for quality

25 control to detect sample contamination.

26  (i) Nothing in this Act shall be construed to prohibit an
    SB2886 Enrolled  - 16 - LRB104 17128 BDA 30547 b

1 employer from requesting or requiring genetic information to

2 be used for genetic monitoring of the biological effects of

3 toxic substances in the workplace, but only if (1) the

4 employer provides written notice of the genetic monitoring to

5 the employee; (2) the employee provides written authorization

6 under Section 30 of this Act or the genetic monitoring is

7 required by federal or State law; (3) the employee is informed

8 of individual monitoring results; (4) the monitoring is in

9 compliance with any federal genetic monitoring regulations or

10 State genetic monitoring regulations under the authority of

11 the federal Occupational Safety and Health Act of 1970; and

12 (5) the employer, excluding any health care provider, health

13 care professional, or health facility that is involved in the

14 genetic monitoring program, receives the results of the

15 monitoring only in aggregate terms that do not disclose the

16 identity of specific employees.

17  (j) Despite lawful acquisition of biomarker testing,

18 biomarkers, genetic testing, or genetic information under

19 subsections (e) through (i) of this Section, an employer,

20 employment agency, labor organization, and licensing agency

21 still may not use or disclose the biomarker test, biomarkers,

22 genetic test, or genetic information in violation of this Act.

23  (k) Except as provided in subsections (e), (f), (h), and

24 (i) of this Section, a person shall not knowingly sell to or

25 interpret for an employer, employment agency, labor

26 organization, or licensing agency, or its employees, agents,
    SB2886 Enrolled    - 17 - LRB104 17128 BDA 30547 b

1 or members, a biomarker test or genetic test of an employee,
2 labor organization member, or license holder, or of a
3 prospective employee, member, or license holder.
4 (Source: P.A. 100-396, eff. 1-1-18.)

5   (410 ILCS 513/30)

6   Sec. 30. Disclosure of person tested and test results.

7   (a) No person may disclose or be compelled to disclose the

8 identity of any person upon whom a genetic test or biomarker

9 test is performed or the results of a genetic test or biomarker

10 test in a manner that permits identification of the subject of

11 the test, except to the following persons:

12  (1) The subject of the test or the subject's legally

13  authorized representative. This paragraph does not create

14  a duty or obligation under which a health care provider

15  must notify the subject's spouse or legal guardian of the

16  test results, and no such duty or obligation shall be

17  implied. No civil liability or criminal sanction under

18  this Act shall be imposed for any disclosure or

19  nondisclosure of a test result to a spouse by a physician

20  acting in good faith under this paragraph. For the purpose

21  of any proceedings, civil or criminal, the good faith of

22  any physician acting under this paragraph shall be

23  presumed.

24  (2) Any person designated in a specific written

25  legally effective authorization for release of the test
    SB2886 Enrolled   - 18 - LRB104 17128 BDA 30547 b

1   results executed by the subject of the test or the

2   subject's legally authorized representative.

3   (3) An authorized agent or employee of a health

4   facility or health care provider if the health facility or

5   health care provider itself is authorized to obtain the

6   test results, the agent or employee provides patient care,

7   and the agent or employee has a need to know the

8   information in order to conduct the tests or provide care

9   or treatment.

10  (4) A health facility, health care provider, or health

11  care professional that procures, processes, distributes,

12  or uses:

13            (A) a human body part from a deceased person with

14  respect to medical information regarding that person;

15  or

16            (B) semen provided prior to the effective date of

17  this Act for the purpose of artificial insemination.

18  (5) Health facility staff committees for the purposes

19  of conducting program monitoring, program evaluation, or

20  service reviews.

21  (6) In the case of a minor under 18 years of age, the

22  health care provider, health care professional, or health

23  facility who ordered the test shall make a reasonable

24  effort to notify the minor's parent or legal guardian if,

25  in the professional judgment of the health care provider,

26  health care professional, or health facility, notification
    SB2886 Enrolled  - 19 - LRB104 17128 BDA 30547 b

1   would be in the best interest of the minor and the health

2   care provider, health care professional, or health

3   facility has first sought unsuccessfully to persuade the

4   minor to notify the parent or legal guardian or after a

5   reasonable time after the minor has agreed to notify the

6   parent or legal guardian, the health care provider, health

7   care professional, or health facility has reason to

8   believe that the minor has not made the notification. This

9   paragraph shall not create a duty or obligation under

10  which a health care provider, health care professional, or

11  health facility must notify the minor's parent or legal

12  guardian of the test results, nor shall a duty or

13  obligation be implied. No civil liability or criminal

14  sanction under this Act shall be imposed for any

15  notification or non-notification of a minor's test result

16  by a health care provider, health care professional, or

17  health facility acting in good faith under this paragraph.

18  For the purpose of any proceeding, civil or criminal, the

19  good faith of any health care provider, health care

20  professional, or health facility acting under this

21  paragraph shall be presumed.

22  (b) All information and records held by a State agency,

23 local health authority, or health oversight agency pertaining

24 to genetic information or biomarkers shall be strictly

25 confidential and exempt from copying and inspection under the

26 Freedom of Information Act. The information and records shall
    SB2886 Enrolled    - 20 - LRB104 17128 BDA 30547 b

1 not be released or made public by the State agency, local

2 health authority, or health oversight agency and shall not be

3 admissible as evidence nor discoverable in any action of any

4 kind in any court or before any tribunal, board, agency, or

5 person and shall be treated in the same manner as the

6 information and those records subject to the provisions of

7 Part 21 of Article VIII of the Code of Civil Procedure except

8 under the following circumstances:

9         (A) when made with the written consent of all

10        persons to whom the information pertains;

11        (B) when authorized by Section 5-4-3 of the

12        Unified Code of Corrections;

13        (C) when made for the sole purpose of implementing

14        the Newborn Metabolic Screening Act and rules; or

15        (D) when made under the authorization of the

16        Illinois Parentage Act of 2015.

17  Disclosure shall be limited to those who have a need to

18 know the information, and no additional disclosures may be

19 made.

20  (c) Disclosure by an insurer in accordance with the

21 requirements of the Article XL of the Illinois Insurance Code

22 shall be deemed compliance with this Section.

23 (Source: P.A. 98-1046, eff. 1-1-15; 99-85, eff. 1-1-16.)

24  (410 ILCS 513/31)

25  Sec. 31. Uses and disclosures for treatment, payment, and
    SB2886 Enrolled  - 21 - LRB104 17128 BDA 30547 b

1 health care operations. Notwithstanding Sections 30 and 35 of

2 this Act, a covered entity may, without a patient's consent:

3   (1) use or disclose genetic information or biomarkers

4   for its own treatment, payment, or health care operations;

5   (2) disclose genetic information or biomarkers for

6   treatment activities of a health care provider;

7   (3) disclose genetic information or biomarkers to

8   another covered entity or health care provider for the

9   payment activities of the entity that receives the

10  information;

11  (4) disclose genetic information or biomarkers to

12  another covered entity for health care operations

13  activities of the entity that receives the information, if

14  each entity has or had a relationship with the individual

15  who is the subject of the genetic information or

16  biomarkers being requested, the genetic information or

17  biomarkers pertains to such relationship, and the

18  disclosure is for the purpose of (A) conducting quality

19  assessment and improvement activities, including outcomes

20  evaluation and development of clinical guidelines,

21  provided that the obtaining of generalizable knowledge is

22  not the primary purpose of any studies resulting from such

23  activities; patient safety activities; population-based

24  activities relating to improving health or reducing health

25  care costs, protocol development, case management, and

26  care coordination, contacting of health care providers and
    SB2886 Enrolled      - 22 - LRB104 17128 BDA 30547 b

1   patients with information about treatment alternatives;

2   and related functions that do not include treatment; (B)

3   reviewing the competence or qualifications of health care

4   professionals or health care providers, evaluating

5   practitioner and provider performance, health plan

6   performance, conducting training programs in which

7   students, trainees, or practitioners in areas of health

8   care learn under supervision to practice or improve their

9   skills as health care providers, training of non-health

10  care professionals, accreditation, certification,

11  licensing, or credentialing activities; or (C) health care

12  fraud and abuse detection or compliance; and

13  (5) disclose genetic information or biomarkers to

14  other participants in an organized health care arrangement

15  in which the covered entity is also a participant for any

16  health care operations activities of the organized health

17  care arrangement.

18 (Source: P.A. 98-1046, eff. 1-1-15.)

19  (410 ILCS 513/31.1)

20  Sec. 31.1. Uses and disclosures for health oversight

21 activities.

22  (a) Notwithstanding Sections 30 and 35 of this Act, a

23 covered entity may disclose genetic information or biomarkers,

24 without a patient's consent, to a health oversight agency for

25 health oversight activities authorized by law, including
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1 audits, civil, administrative, or criminal investigations;

2 inspections; licensure or disciplinary actions; civil

3 administrative or criminal proceedings or actions; or other

4 activities necessary for appropriate oversight of (i) the

5 health care system; (ii) government benefit programs for which

6 health information is relevant to beneficiary eligibility;

7 (iii) entities subject to government regulatory programs for

8 which health information is necessary for determining

9 compliance with program standards; or (iv) entities subject to

10 civil rights laws for which health information is necessary

11 for determining compliance.

12  (b) For purposes of the disclosures permitted by this

13 Section, a health oversight activity does not include an

14 investigation or other activity in which the individual is the

15 subject of the investigation or activity and such

16 investigation or other activity does not arise out of and is

17 not directly related to (i) the receipt of health care; (ii) a

18 claim for public benefits related to health; or (iii)

19 qualification for, or receipt of, public benefits or services

20 when a patient's health is integral to the claim for public

21 benefits or services, except that, if a health oversight

22 activity or investigation is conducted in conjunction with an

23 oversight activity or investigation relating to a claim for

24 public benefits not related to health, the joint activity or

25 investigation is considered a health oversight activity for

26 purposes of this Section.
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1   (c) If a covered entity is also a health oversight agency,

2 the covered entity may use genetic information or biomarkers

3 for health oversight activities permitted by this Section.

4 (Source: P.A. 98-1046, eff. 1-1-15.)

5   (410 ILCS 513/31.2)

6   Sec. 31.2. Uses and disclosures for public health

7 activities. Notwithstanding Sections 30 and 35 of this Act,

8 genetic information or biomarkers may be disclosed without a

9 patient's consent for public health activities and purposes to

10 the Department, when the Department is authorized by law to

11 collect or receive such information for the purpose of

12 preventing or controlling disease, injury, or disability,

13 including, but not limited to, the reporting of disease,

14 injury, vital events such as birth or death, and the conduct of

15 public health surveillance, public health investigations, and

16 public health interventions.

17 (Source: P.A. 98-1046, eff. 1-1-15.)

18  (410 ILCS 513/31.3)

19  Sec. 31.3. Business associates.

20  (a) Notwithstanding Sections 30 and 35 of this Act, a

21 covered entity may, without a patient's consent, disclose a

22 patient's genetic information or biomarkers to a business

23 associate and may allow a business associate to create,

24 receive, maintain, or transmit protected health information on
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1 its behalf, if the covered entity obtains, through a written

2 contract or other written agreement or arrangement that meets

3 the applicable requirements of 45 CFR 164.504(e), satisfactory

4 assurance that the business associate will appropriately

5 safeguard the information. A covered entity is not required to

6 obtain such satisfactory assurances from a business associate

7 that is a subcontractor.

8   (b) A business associate may disclose protected health

9 information to a business associate that is a subcontractor

10 and may allow the subcontractor to create, receive, maintain,

11 or transmit protected health information on its behalf, if the

12 business associate obtains satisfactory assurances, in

13 accordance with 45 CFR 164.504(e)(1)(i), that the

14 subcontractor will appropriately safeguard the information.

15 (Source: P.A. 98-1046, eff. 1-1-15.)

16  (410 ILCS 513/31.5)

17  Sec. 31.5. Use and disclosure of information to an HIE.

18 Notwithstanding the provisions of Section 30 and 35 of this

19 Act, a covered entity may, without a patient's consent,

20 disclose the identity of any patient upon whom a test is

21 performed and such patient's genetic information or biomarkers

22 from a patient's record to a HIE if the disclosure is a

23 required or permitted disclosure to a business associate or is

24 a disclosure otherwise required or permitted under this Act.

25 An HIE may, without a patient's consent, use or disclose such
    SB2886 Enrolled        - 26 - LRB104 17128 BDA 30547 b

1 information to the extent it is allowed to use or disclose such
2 information as a business associate in compliance with 45 CFR
3 164.502(e) or for such other purposes as are specifically
4 allowed under this Act.
5 (Source: P.A. 98-1046, eff. 1-1-15.)

6   (410 ILCS 513/31.7)

7   Sec. 31.7. Establishment and disclosure of limited data

8 sets and de-identified information.

9   (a) A covered entity may, without a genetic information

10 test or biomarker test subject's consent, create, use, and

11 disclose a limited data set using information subject to this

12 Act or disclose information subject to this Act to a business

13 associate for the purpose of establishing a limited data set.

14 The creation, use, and disclosure of such a limited data set

15 must comply with the requirements set forth under HIPAA.

16  (b) A covered entity may, without a genetic information

17 test or biomarker test subject's consent, create, use, and

18 disclose de-identified information using information subject

19 to this Act or disclose information subject to this Act to a

20 business associate for the purpose of de-identifying the

21 information. The creation, use, and disclosure of such

22 de-identified information must comply with the requirements

23 set forth under HIPAA. A covered entity or a business

24 associate may disclose information that is de-identified in

25 accordance with HIPAA.
    SB2886 Enrolled      - 27 - LRB104 17128 BDA 30547 b

1   (c) The recipient of de-identified information shall not

2 re-identify de-identified information using any public or

3 private data source.

4 (Source: P.A. 98-1046, eff. 1-1-15.)

5   (410 ILCS 513/31.8)

6   Sec. 31.8. HIE opt out. Section 9.6 of the Mental Health

7 and Developmental Disabilities Confidentiality Act is

8 incorporated herein by reference. In addition to the

9 requirements set out in Section 9.6 of the Mental Health and

10 Developmental Disabilities Confidentiality Act, at the time of

11 a patient's first encounter for genetic testing or biomarker

12 testing with a health care provider, health care professional,

13 or health facility that participates in an HIE, or, in the

14 event of a medical emergency that makes it impossible, as soon

15 thereafter as is practicable, the patient shall receive

16 meaningful disclosure regarding the HIE in which the health

17 care provider, health care professional, or health facility

18 participates and shall be afforded an opportunity to opt out

19 of disclosure of the patient's health information through the

20 HIE.

21 (Source: P.A. 98-1046, eff. 1-1-15.)

22  (410 ILCS 513/31.9)

23  Sec. 31.9. Research. Genetic information or biomarkers may

24 be disclosed for research, in accordance with the requirements
    SB2886 Enrolled        - 28 - LRB104 17128 BDA 30547 b

1 set forth under HIPAA.
2 (Source: P.A. 98-1046, eff. 1-1-15.)

3   (410 ILCS 513/31.10)

4   Sec. 31.10. Minimum necessary. When using or disclosing

5 genetic-related or biomarker-related information under this

6 Act, a covered entity shall do so in accordance with the

7 minimum necessary standard under HIPAA.

8 (Source: P.A. 98-1046, eff. 1-1-15.)

9   (410 ILCS 513/50)

10  Sec. 50. Home rule. Any home rule unit of local

11 government, any non-home rule municipality, or any non-home

12 rule county within the unincorporated territory of the county

13 may enact ordinances, standards, rules, or regulations that

14 protect biomarker testing, biomarkers, genetic information,

15 and genetic testing in a manner or to an extent equal to or

16 greater than the protection provided in this Act. This Section

17 is a limitation on the concurrent exercise of home rule power

18 under subsection (i) of Section 6 of Article VII of the

19 Illinois Constitution.

20 (Source: P.A. 95-927, eff. 1-1-09.)
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1                      INDEX

2  Statutes amended in order of appearance

 3 410 ILCS 513/5
 4 410 ILCS 513/10
 5 410 ILCS 513/15
 6 410 ILCS 513/20
 7 410 ILCS 513/25
 8 410 ILCS 513/30
 9 410 ILCS 513/31
10 410 ILCS 513/31.1
11 410 ILCS 513/31.2
12 410 ILCS 513/31.3
13 410 ILCS 513/31.5
14 410 ILCS 513/31.7
15 410 ILCS 513/31.8
16 410 ILCS 513/31.9
17 410 ILCS 513/31.10
18 410 ILCS 513/50
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