2023 Illinois Compiled Statutes › Chapter 410 - PUBLIC HEALTH › 410 ILCS 501/ - Access to Public Health Data Act.

(410 ILCS 501/1)
Sec. 1. Short title. This Act may be cited as the Access to Public Health Data Act.
(Source: P.A. 103-423, eff. 1-1-24.)
(410 ILCS 501/5)
Sec. 5. Definition. In this Act, "public health data" includes, but is not limited to, birth and death certificate data, hospital discharge data, adverse pregnancy outcomes reporting system (APORS) data, cancer registry data, syndromic surveillance data, and prescription monitoring program (PMP) data.
(Source: P.A. 103-423, eff. 1-1-24.)
(410 ILCS 501/10)
Sec. 10. Access to public health data; certified local health departments; safeguards.
(a) Notwithstanding any other provision of State law to the contrary, the Department of Public Health, the Department of Human Services, and the Department of Healthcare and Family Services shall, at the request of a certified local health department in this State, make any and all public health data related to residents of that certified local health department's jurisdiction available to that certified local health department for the purposes of preventing or controlling disease, injury, or disability. The commissioner, executive director, chief operating officer, chief medical officer, or equivalent executive leader of a certified local health department has express authority to request and receive such data.
(b) A certified local health department shall have access to data under this Act only for the purposes identified in this Act. The Department of Public Health, the Department of Human Services, the Department of Healthcare and Family Services, and the requesting certified local health department shall protect the privacy and security of data obtained under this Act in accordance with applicable federal and State law and shall apply appropriate administrative, physical, and technical safeguards to ensure the privacy and security of the data and protect the data from unauthorized access, use, or disclosure. Appropriate safeguards include, but are not limited to, authentication and authorization of users prior to gaining access to data obtained under this Act.
(c) A certified local health department shall apply appropriate controls to ensure that access to data under this Act is provided on a minimum, necessary basis and limited to only those persons whose public health duties and responsibilities require such access. Any data obtained under this Act and in the possession of a certified local health department shall be exempt from inspection and copying under subsection (pp) of Section 7 of the Freedom of Information Act. Any data obtained under this Act shall not be admissible as evidence nor discoverable in any action of any kind in any court or before any tribunal, board, agency, or person. The access to or disclosure of any information or data by a certified local health department under this Act shall not waive or have any effect upon its nondiscoverability or inadmissibility. The identity of any individual identified in data obtained under this Act shall be confidential and shall not be disclosed publicly or in any action of any kind.
(Source: P.A. 103-423, eff. 1-1-24.)
(410 ILCS 501/15)
Sec. 15. Data use agreements. A disclosing State department and the requesting certified local health department shall enter into a data use agreement to ensure appropriate, effective, and efficient use of data obtained under this Act by the certified local health department, though no data use agreement shall, in a manner inconsistent with the purpose or requirements of this Act, impede certified local health department access to any public health data available to the Department of Public Health, the Department of Human Services, or the Department of Healthcare and Family Services, nor shall it require indemnification as a prerequisite to access. Each disclosing State department or agency 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. Master data use agreements shall include, at a minimum, data content, format, method of transfer, analytic and statistical methods, scope of use, and requirements for safeguarding the data under State and federal law. Pursuant to 77 Ill. Adm. Code 600.300, the executive officer of each certified local health department shall execute all master data use agreements. The State department or agency may require the names of any authorized users who will access or use the data provided. Each certified local health department shall be required to enter into applicable master data use agreements with each disclosing State department or agency to obtain requested data. Certified local health departments shall not be required to enter into any master data use agreement unless they are requesting subject data. Furthermore, all State departments or agencies shall enter into interdepartmental agreements with other State departments or agencies to share applicable data with eligible certified local health departments if necessary. 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.
(Source: P.A. 103-423, eff. 1-1-24.)
(410 ILCS 501/20)
Sec. 20. Latest available data. 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.
(Source: P.A. 103-423, eff. 1-1-24.)
(410 ILCS 501/25)
Sec. 25. Rules. 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 this Act.
(Source: P.A. 103-423, eff. 1-1-24.)
(410 ILCS 501/900)
Sec. 900. (Amendatory provisions; text omitted).
(Source: P.A. 103-423, eff. 1-1-24; text omitted.)
(410 ILCS 501/905)
Sec. 905. (Amendatory provisions; text omitted).
(Source: P.A. 103-423, eff. 1-1-24; text omitted.)
(410 ILCS 501/995)
Sec. 995. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.
(Source: P.A. 103-423, eff. 1-1-24.)
(410 ILCS 501/999)
Sec. 999. Effective date. This Act takes effect January 1, 2024.
(Source: P.A. 103-423, eff. 1-1-24.)