720 ILCS 570/318 — Illinois Code / Chapter 720 / Act 570 / Section 318
Section 318
Status: in_force

(720 ILCS 570/318) Sec. 318. Confidentiality of information. (a) Information received by the central repository under Section 316 and former Section 321 is confidential. (a-1) To ensure the federal Health Insurance Portability and Accountability Act and confidentiality of substance use disorder patient records rules that mandate the privacy of an individual's prescription data reported to the Prescription Monitoring Program received from a retail dispenser under this Act, and in order to execute the duties and responsibilities under Section 316 of this Act and rules for disclosure under this Section, the Clinical Director of the Prescription Monitoring Program or his or her designee shall maintain direct access to all Prescription Monitoring Program data. Any request for Prescription Monitoring Program data from any other department or agency must be approved in writing by the Clinical Director of the Prescription Monitoring Program or his or her designee unless otherwise permitted by law. Prescription Monitoring Program data shall only be disclosed as permitted by law. Confidential information received from opioid treatment programs or confidential information otherwise protected under federal confidentiality of substance use disorder patient records regulations under 42 CFR Part 2 shall not be included in the information shared. (a-2) As an active step to address the current opioid crisis in this State and to prevent and reduce substance use disorders resulting from a sports injury or an accident, the Prescription Monitoring Program and the Department of Public Health shall coordinate a continuous review of the Prescription Monitoring Program and the Department of Public Health data to determine if a patient may be at risk of opioid use disorder. Each patient discharged from any medical facility with an International Classification of Disease, 10th edition code related to a sport or accident injury shall be subject to the data review. If the discharged patient is dispensed a controlled substance, the Prescription Monitoring Program shall alert the patient's prescriber as to the risk of developing a substance use disorder and urge each to follow the Centers for Disease Control and Prevention guidelines or his or her respective profession's treatment guidelines related to the patient's injury. This subsection (a-2), other than this sentence, is inoperative on or after January 1, 2024. (b) The Department must carry out a program to protect the confidentiality of the information described in subsection (a). The Department may disclose the information to another person only under subsection (c), (d), or (f) and may charge a fee not to exceed the actual cost of furnishing the information. (c) The Department may disclose confidential information described in subsection (a) to any person who is engaged in receiving, processing, or storing the information. (d) The Department may release confidential information described in subsection (a) to the following persons: (1) A governing body that licenses practitioners and is engaged in an investigation, an