Law / United States / 
Illinois
Reproductive Health Records Privacy Act (House Bill 5295)
Reproductive Health Records Privacy Act (P.A. 104-0471, HB 5295), eff.
A sensitive categories rule binding private bodies.
- Private right of action
- Yes
- Audit expectation
- none
As of .
What it requires
- If you are an electronic health network, prevent the disclosure of a patient's coded private health care information to a provider, business entity, other electronic health network, or health information exchange outside Illinois, unless the disclosure is for technical support, quality assurance, payment or health care operations, or to a specific covered entity with the consent of the patient or of the patient's parent, guardian, health care surrogate decision maker, or power of attorney.
- Develop and enable the technological capabilities to parse coded private health care information, let a health care provider manually segregate private health care information, let a patient request and consent to its exchange with a specific covered entity, and let a patient opt out of segregation.
- Do not notify an out-of-state provider, business entity, other electronic health network, or health information exchange that private health care information may have been segregated from a patient's electronic health record.
These lines are LexLint's reading of the law's text, as of .
What it makes you log
Logging duty
Sections 10 and 15 require an electronic health network to segregate private health care information, build segregation and consent capabilities, and give covered entities information about a patient's right to direct sharing; none requires the network to create, keep, or produce a log or record of a disclosure or a segregation, and the Act names no audit.
- Kind
- None
- As of
What this law does
The Reproductive Health Records Privacy Act, Public Act 104-0471 (House Bill 5295), was approved by the Governor on and takes effect on .
An electronic health network must prevent the disclosure of a patient's coded private health care information to a provider, business entity, other electronic health network, or health information exchange outside Illinois unless the disclosure is for technical support, quality assurance, payment or health care operations, or to a specific covered entity with the consent of the patient or of the patient's parent, guardian, health care surrogate decision maker, or power of attorney.
The network must develop and enable the technological capabilities to parse coded private health care information, let a health care provider manually segregate private health care information, let a patient request and consent to its exchange with a specific covered entity, and let a patient opt out of segregation. A network may not notify an out-of-state recipient that private health care information may have been segregated from a patient's electronic health record.
Private health care information means health information in an electronic health network that is coded private health care information, such as codes for induced abortion, mifepristone or gender dysphoria, or that relates to abortion or abortion-related health care services. A person aggrieved by a violation by an electronic health network may bring an action against it and may be awarded actual damages, injunctive relief, and reasonable attorney's fees and costs. The Act does not authorize an action against any health care provider.
When LexLint raises it
When your app profile says your app handles health records or processes personal data.