Illinois Compiled Statutes
Chapter 410 - PUBLIC HEALTH
410 ILCS 520/ - Illinois Health Statistics Act.

(410 ILCS 520/1) (from Ch. 111 1/2, par. 5601)
Sec. 1.

This Act may be cited as the
Illinois Health Statistics Act.

(Source: P.A. 86-1475.)
 
(410 ILCS 520/2) (from Ch. 111 1/2, par. 5602)
Sec. 2.

As used in this Act, unless the context otherwise requires,
the terms specified in this Section have the meanings ascribed to them herein.
(a) "Department" means the Illinois Department of Public Health.
(b) "Disclosure" means the communication of health data to any individual
or organization outside the Department.
(c) "Health data" means any information, except vital records as defined
in the Vital Records Act, relating to the
health status of people, the availability of health resources and services,
and the use and cost of such resources and services.
(d) "Identifiable health data" means any item, collection, or grouping
of health data which makes the individual supplying it or described in it
identifiable.
(e) "Individual" means a natural person.
(f) "Organization" means any corporation, association, partnership,
agency, department, unit or other legally constituted institution or entity
or part thereof.
(g) "Research and statistical purposes" means the performance of certain
activities relating to health data including but not limited to: (1) describing
the group characteristics of individuals or organizations; (2) analyzing
the interrelationships among the various characteristics of individuals
or organizations; (3) the conduct of statistical procedures or studies to
improve the quality of health data; (4) the design of sample surveys and
the selection of samples of individuals or organizations; (5) the preparation
and publication of reports describing these matters; and (6) other related
functions. Specifically excluded as research and statistical purposes
is the use of the data for an individual or organization to make any
determination directly affecting the rights, benefits, or entitlements of
that individual or organization.

(Source: P.A. 87-895.)
 
(410 ILCS 520/3) (from Ch. 111 1/2, par. 5603)
Sec. 3.

The Department of Public Health is hereby designated as the
Department to carry out the purposes of this Act.

(Source: P.A. 82-215.)
 
(410 ILCS 520/4) (from Ch. 111 1/2, par. 5604)
Sec. 4. (a) In carrying out the purposes of this Act, the Department may:
(b) The Department may collect health data under authority granted by
any unit of local government and on behalf of other governmental or not-for-profit
organizations, including data collected by local schools and the State Board of Education relating to asthma and obesity on the health examination form required pursuant to Section 27-8.1 of the School Code. The data shall be de-identified and aggregated pursuant to rules promulgated by the Department to prevent disclosure of personal identifying information.
(c) The Department shall collect data only on a voluntary basis from individuals
and organizations, except when there is specific legal authority to compel
the mandatory reporting of the health data so requested. In making any collection
of health data from an individual or organization the Department must give
to such individual or organization a written statement which states:
(d) Except as provided in Section 5, no health data obtained in the course
of activities undertaken or supported under this Act may be used for any purpose
other than the purpose for which they were supplied or for which the individual
or organization described in the data has otherwise consented.
(e) The Department shall take such actions as may be necessary to assure
that statistics developed under this Act are of high quality, timely, comprehensive,
as well as specific, standardized and adequately analyzed and indexed.
(f) The Department shall take such action as is appropriate to effect
the coordination of health data activities, including health data specifically relating to obesity collected pursuant to Section 27-8.1 of the School Code, within the State to eliminate
unnecessary duplication of data collection and maximize the usefulness of
data collected.
(g) The Department shall (1) participate with state, local and federal
agencies in the design and implementation of a cooperative system for producing
comparable and uniform health information and statistics at the federal,
state, and local levels; and (2) undertake and support research, development,
demonstrations, and evaluations respecting such cooperative system.

(Source: P.A. 100-238, eff. 1-1-18.)
 
(410 ILCS 520/5) (from Ch. 111 1/2, par. 5605)
Sec. 5. (a) The Department may make no disclosure of any item, collection
or grouping of health data which makes the individual supplying or described
in such data identifiable unless:
(b) Any disclosure provided for in paragraph (a) of this Section shall
be made at the discretion of the Department except that the disclosure provided
for in subparagraph (4) of paragraph (a) of this Section must be made when
the requirements of that subparagraph have been met.
(c) No identifiable health data obtained in the course of activities undertaken
or supported under this Act shall be subject to subpoena or similar compulsory
process in any civil or criminal, judicial, administrative or legislative
proceeding, nor shall any individual or organization with lawful access
to identifiable health data under the provisions of this Act be compelled
to testify with regard to such health data, except that data pertaining
to a party in litigation may be subject to subpoena or similar compulsory
process in an action brought by or on behalf of such individual to enforce
any liability arising under this Act.
(Source: P.A. 96-966, eff. 7-2-10.)
 
(410 ILCS 520/6) (from Ch. 111 1/2, par. 5606)
Sec. 6.

The Department shall take appropriate measures to protect the
security of health data including:
(a) Limiting the access to health data to authorized individuals who have
received training in the handling of such data.
(b) Designating a person to be responsible for physical security.
(c) Developing and implementing a system for monitoring security.
(d) Reviewing periodically all health data to evaluate whether it is
appropriate to remove identifying characteristics from the data.
(e) Any data or other information which is to be processed by a
computer or other type of artificial intelligence and which is related to human
immunodeficiency virus (HIV) testing or the results of such testing or to
the testing and test results of any other identified causative agent of
acquired immunodeficiency syndrome (AIDS) or to any list of persons known
to have been exposed to HIV or to have a diagnosed case of AIDS or
AIDS-related complex shall be stored and processed in the most secure
manner available.

(Source: P.A. 85-935.)
 
(410 ILCS 520/7) (from Ch. 111 1/2, par. 5607)
Sec. 7.

The Department may promulgate such reasonable rules and regulations
as may be necessary to carry out the provisions of this Act.

(Source: P.A. 82-215.)
 
(410 ILCS 520/8) (from Ch. 111 1/2, par. 5608)
Sec. 8.

The provisions of the Administrative Review Law and the rules
adopted pursuant thereto shall apply to and govern all proceedings for judicial
review of final administrative decisions of the Department hereunder. For
the purposes of this Act the term "administrative decision" has the meaning
ascribed to it in Section 3-101 of the Code of Civil Procedure.

(Source: P.A. 82-783.)
 
(410 ILCS 520/9) (from Ch. 111 1/2, par. 5609)
Sec. 9.

The provisions of "The Illinois Administrative Procedure Act",
and the rules and regulations adopted pursuant thereto shall govern all
actions and procedures of the Department under this Act.

(Source: P.A. 82-215.)
 
(410 ILCS 520/10) (from Ch. 111 1/2, par. 5610)
Sec. 10.

Any person who intentionally, willfully or wantonly discloses
identifiable health data collected pursuant to this Act, except as provided
for in Section 5, shall be guilty of a Class C misdemeanor.

(Source: P.A. 82-215.)
 
(410 ILCS 520/11) (from Ch. 111 1/2, par. 5611)
Sec. 11.
This Act takes effect July 1, 1982.

(Source: P.A. 82-215.)

Structure Illinois Compiled Statutes