Creates the Reproductive Health Records Privacy Act. Requires health information exchanges to implement policies and technical capabilities by July 1, 2027, to segregate medical information related to abortion care, restrict access by out-of-state entities, and limit disclosure. Provides enforcement through private actions and civil actions by the Attorney General, including injunctive relief and civil penalties. Defines terms. Amends the Medical Patient Rights Act to clarify patient privacy rights and allow segregation of abortion-related information in health information exchanges. Provides for severability.
House Floor Amendment No. 1: Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Adds definitions of "abortion-related health care services" and "protected health information" and deletes a definition of "health information exchange". Provides that an electronic health network shall prevent the disclosure of electronic medical information related to protected health information to a provider, business entity, electronic health network, or health information exchange located outside the State. Changes other requirements in provisions regarding the segregation of information. Provides that a patient may direct electronic medical information related to protected health information to be shared in whole or in part with a specific treating provider outside this State through an electronic health network and sets forth other requirements regarding the patient direction to share medical information. Deletes provisions regarding civil penalties and enforcement by the Attorney General. Makes technical and other changes. Effective July 1, 2027.
Senate Committee Amendment No. 1: Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Makes changes to definitions of the terms "abortion-related health care services", "electronic health network", and "patient". Adds definitions of the terms "coded private health care information", "covered entity", and "private health care information". Deletes the definition of "protected health information". Provides that an electronic health network shall prevent the disclosure of a patient's coded private health care information (rather than specified electronic medical information) to a provider, business entity, other electronic health network, or health information exchange located outside this State unless the disclosure is for certain enumerated purposes. Makes changes concerning the prerequisites for disclosure to a covered entity. Makes changes concerning the technological capabilities an electronic health network must develop. Provides that, if the Department of Public Health adopts rules regarding the definition of private health care information, the Department shall consider any necessary exceptions to segregation in the rules it adopts. Specifies that the Act shall not be construed to require health care providers to use electronic health networks. Makes changes in a provision concerning patient directions to share medical information. Makes other changes. Effective July 1, 2027.

Statutes affected:
Introduced: 410 ILCS 50/3