Bill Text: IL HB4611 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Vaccination Information Privacy Act. Provides that no individual in possession of the vaccine information of another may release such information unless it is in accordance with specified provisions. Provides that, except in specified circumstances, vaccine information 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 pursuant to specified provisions of the Code of Civil Procedure. Provides that no person may disclose or be compelled to disclose vaccine information except to specified persons. Provides that any person aggrieved by a violation of the Act shall have a right of action in a State circuit court or as a supplemental claim in a federal district court against an offending party. Provides that a prevailing party may recover specified amounts for each violation. Provides that nothing in the Act limits the right of the subject of a medical test to recover damages or other relief under any other applicable law. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB4611 Detail]

Download: Illinois-2021-HB4611-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4611 Introduced , by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED:
New Act
Creates the Vaccination Information Privacy Act. Provides that no individual in possession of the vaccine information of another may release such information unless it is in accordance with specified provisions. Provides that, except in specified circumstances, vaccine information 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 pursuant to specified provisions of the Code of Civil Procedure. Provides that no person may disclose or be compelled to disclose vaccine information except to specified persons. Provides that any person aggrieved by a violation of the Act shall have a right of action in a State circuit court or as a supplemental claim in a federal district court against an offending party. Provides that a prevailing party may recover specified amounts for each violation. Provides that nothing in the Act limits the right of the subject of a medical test to recover damages or other relief under any other applicable law. Effective immediately.
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A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Vaccination Information Privacy Act.
Section 5. Definition. In this Act, "vaccine information"
means any information derived from the process of vaccination
or an individual's vaccination status.
Section 10. Confidentiality of vaccine information.
(a) No individual in possession of the vaccine information
of another may release such information unless it is in
accordance with Section 15.
(b) Except as otherwise provided in subsection (c),
vaccine information 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 pursuant to Part 21 of
Article VIII of the Code of Civil Procedure.
(c) Vaccine information shall be admissible as evidence
and discoverable, subject to a protective order, in any action
alleging a violation of this Act.
Section 15. Disclosure of vaccine information. No person

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may disclose or be compelled to disclose vaccine information
except to the following persons:
(1) The subject of the vaccine information or the
subject's legally authorized representative.
(2) Any person designated in a written authorization
for release of vaccine information executed by the
vaccinated individual or the vaccinated individual's
authorized representative.
(3) An authorized agent or employee of a health
facility or health care provider if the health facility or
health care provider itself is authorized to obtain the
vaccine information and the agent or employee has a need
to know the information to provide medical care.
Section 20. Right of action. Any person aggrieved by a
violation of this Act shall have a right of action in a State
circuit court or as a supplemental claim in a federal district
court against an offending party. A prevailing party may
recover the following for each violation:
(1) Against any party who negligently violates a
provision of this Act, liquidated damages of $2,500 or
actual damages, whichever is greater.
(2) Against any party who intentionally or recklessly
violates a provision of this Act, liquidated damages of
$15,000 or actual damages, whichever is greater.
(3) Reasonable attorney's fees and costs, including

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expert witness fees and other litigation expenses.
(4) Such other relief, including an injunction, as the
State or federal court may deem appropriate.
Section 25. Damages or other relief. Nothing in this Act
limits the right of the subject of a medical test to recover
damages or other relief under any other applicable law.
Section 99. Effective date. This Act takes effect upon
becoming law.