Bill Text: IL HR0535 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Urges pharmacies in the State of Illinois to insist on a warrant or court order prior to releasing patient information to protect Americans' reasonable expectations of privacy and constitutional principles. Urges the Congress of the United States to pass further positive legislation to reinforce Americans' reasonable expectations of privacy in medical data and to protect Americans' reasonable expectations of privacy and constitutional principles. Urges the federal Department of Health and Human Services (HHS) to consider further strengthening its HIPAA regulations to more closely align them with Americans' reasonable expectations of privacy and constitutional principles.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HR0535 Detail]

Download: Illinois-2023-HR0535-Introduced.html

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HOUSE RESOLUTION
WHEREAS, The recent congressional investigation that
unearthed a pattern of behavior by law enforcement agencies
seeking access to patient prescription records through
pharmacies without a warrant is alarming; and
WHEREAS, Of the eight major pharmacy chains surveyed by
Congress, only Amazon Pharmacy stated it had a policy of
informing customers when law enforcement requested the
customer's records; and
WHEREAS, Three of the eight pharmacy chains reported staff
facing extreme pressure from law enforcement to provide an
immediate response; and
WHEREAS, The people of these United States, and of the
great State of Illinois, enjoy a broad array of privacy
rights; and
WHEREAS, Prescription records are among the most private
pieces of information the government can obtain about an
individual; and
WHEREAS, The people of the U.S. are protected from
warrantless search and seizure by the 4th Amendment of the

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Constitution of the United States; and
WHEREAS, Pharmacies can and should insist on a warrant and
can and should invite law enforcement agencies that insist on
demanding patient medical records with solely a subpoena to go
to court to enforce that demand; and
WHEREAS, Due to the state of the third-party doctrine in
the federal courts, it is necessary for the Congress of the
United States to pass further positive legislation to
reinforce Americans' reasonable expectations of privacy in
medical data, regardless of where this data is held or by whom
it is owned; and
WHEREAS, With the foregoing in mind, Senator Wyden and
Congresswomen Jayapal and Jacobs concluded that the federal
Department of Health and Human Services (HHS) must consider
further strengthening its HIPAA regulations to more closely
align them with Americans' reasonable expectations of privacy
and constitutional principles; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
HUNDRED THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
we urge pharmacies in the State of Illinois to insist on a
warrant or court order prior to releasing patient information
to protect Americans' reasonable expectations of privacy and

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constitutional principles; and be it further
RESOLVED, That we urge the Congress of the United States
to pass further positive legislation to reinforce Americans'
reasonable expectations of privacy in medical data and to
protect Americans' reasonable expectations of privacy and
constitutional principles; and be it further
RESOLVED, That we urge the federal Department of Health
and Human Services (HHS) to consider further strengthening its
HIPAA regulations to more closely align them with Americans'
reasonable expectations of privacy and constitutional
principles; and be it further