Bill Text: IL SB3751 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the introduced bill with changes. Removes provisions related to data collection requirements. Provides that the Health Outcomes Review Board is tasked with recommending (rather than facilitating adoption of) solutions that will improve health outcomes in the State. Includes an additional member to be appointed to the Board. Removes a list of identifying information to be redacted from data sets, and instead provides that such information shall be removed as set forth under the Code of Federal Regulations. Requires any information disclosed by the Board to be disclosed in accordance with the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act and their respective implementing regulations. Makes changes to the data collection the Board is required to provide.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-1041 [SB3751 Detail]

Download: Illinois-2023-SB3751-Engrossed.html

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AN ACT concerning regulation.
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
Equitable Health Outcomes Act.
Section 5. Purpose. The purpose of this Act is to
establish data collection standards to save lives, promote
equitable health care outcomes, decrease health care costs,
and ensure quality health care for all through a Health
Outcomes Review Board.
Section 10. Health Outcomes Review Board.
(a) There is hereby established a Health Outcomes Review
Board, which is tasked with annually reviewing and reporting
data on health outcomes, including illnesses, treatments, and
causes of death in this State, and which is also tasked with
recommending solutions that will improve health outcomes in
this State.
(b) The Board shall be composed of a minimum of 22 and a
maximum of 25 members, appointed by the Director of Public
Health or the Director's designee to serve 3-year terms. The
Director of Public Health or the Director's designee shall
serve as Chair.

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(1) Members of the Board shall be appointed from
geographic areas throughout the State with knowledge of
health care and social determinants of health, including:
(A) representatives of hospitals, clinics, and
group and private medical practices;
(B) health care providers;
(C) nursing providers;
(D) the Director of each Department having
knowledge, data, or relevant jurisdiction over aspects
of the health care process;
(E) at least 2 representatives from communities in
the State most impacted by inequitable health
outcomes;
(F) representatives of an association of
healthcare providers;
(G) at least 2 representatives of nonprofit
organizations that work in health equity, to be
appointed by the Governor;
(H) a representative of an association
representing a majority of hospitals statewide; and
(I) other health care professionals and
representatives that the Director or the Director's
designee deems appropriate.
(2) In appointing members to the Board, the Director
shall follow best practices as outlined by the Centers for
Disease Control and Prevention in the United States

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Department of Health and Human Services.
(3) All initial appointments to the Board shall be
made within 60 days after the effective date of this Act.
(4) Board members shall serve without compensation or
perquisite arising from their service.
(c) The Director or the Director's designee shall call the
first Board meeting as soon as practicable following the
appointment of a majority of Board members, and in no case no
later than 6 months after the effective date of this Act.
Thereafter, the Board shall meet pursuant to a schedule that
is established during the first Board meeting, but no less
than 4 times per calendar year. The Board may additionally
meet at the call of the Chair.
(d) A majority of the total number of members appointed to
the Board shall constitute a quorum for the conducting of
official Board business. Any recommendations of the Board
shall be approved by a majority of the members present.
(e) In addition to any relevant national or publicly
available data, the Board shall have access to deidentified
data sets collected by the Department of Public Health.
(1) The data sets provided by the Department and all
activities or communications of the commission shall
comply with all State and federal laws relating to the
transmission of health information.
(2) Such data sets shall contain all relevant
information of patients that received care in this State

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during the previous calendar year.
(3) Such data sets shall have all personally
identifying information removed as set forth in 45 CFR
164.514(b)(2).
(4) Each member of the Board shall sign a
confidentiality agreement regarding personally
identifying information that the Department deems
necessary to the Board's objective, or that is disclosed
to the Board inadvertently. A Board member who knowingly
violates the confidentiality agreement commits a class C
misdemeanor.
(5) Members of the Board are not subject to subpoena
in any civil, criminal, or administrative proceeding
regarding the information presented in or opinions formed
as a result of a meeting or communication of the Board;
except that this paragraph does not prevent a member of
the Board from testifying regarding information or
opinions obtained independently of the Board or that are
public information.
(6) Notes, statements, medical records, reports,
communications, and memoranda that contain, or may
contain, patient information are not subject to subpoena,
discovery, or introduction into evidence in any civil,
criminal, or administrative proceeding, unless the
subpoena is directed to a source that is separate and
apart from the Board. Nothing in this Section limits or

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restricts the right to discover or use in a civil,
criminal, or administrative proceeding notes, statements,
medical records, reports, communications, or memoranda
that are available from another source separate and apart
from the Board and that arise entirely independent of the
Board's activities. Any information disclosed by the Board
must be disclosed in accordance with the Health Insurance
Portability and Accountability Act (HIPAA) and the Health
Information Technology for Economic and Clinical Health
(HITECH) Act and their respective implementing
regulations.
(f) The Board shall:
(1) provide recommendations on data collection
regarding race, ethnicity, sexual orientation, gender
identity, and language with consideration to all health
care facilities, including, but not limited to, hospitals,
community health centers, physician and group practices,
and insurance programs; the recommendations shall consider
federal guidance regarding data collection and reporting
standards and requirements, maintaining data and patient
confidentiality, and health care provider resources
necessary to implement new data collection and reporting
requirements;
(2) review illness and death incidents in the State
using the deidentified data sets that the Department
provides or any other lawful source of relevant

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information;
(3) review research that substantiates the connections
between social determinants of health before, during, and
after hospital treatment;
(4) outline trends and patterns disaggregated by race,
ethnicity, and language relating to illness, death, and
treatments in this State;
(5) review comprehensive, nationwide data collection
on illness, death, and treatments, including data
disaggregated by race, ethnicity, and language;
(6) review any information provided by the Department
on social and environmental risk factors for all people,
and especially, people of color;
(7) review research to identify best practices and
effective interventions for improving the quality and
safety of health care and compare those to practices
currently in use in this State;
(8) review research to identify best practices and
effective interventions in order to address predisease
pathways of adverse health and compare those to practices
currently in use in this State;
(9) review research to identify effective
interventions for addressing social determinants of health
disparities;
(10) serve as a link with equitable health outcome
review teams throughout the country and participate in

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regional and national review team activities;
(11) request input and feedback from interested and
affected stakeholders;
(12) compile annual reports, using aggregate data
based on the cases that the Department identifies for
reporting in an effort to further study the causes and
problems associated with inequitable health outcomes and
distribute these reports on the Department's website and
to the General Assembly, government agencies, health care
providers, and others as necessary to provide equitable
health care in the State; and
(13) produce annually a report highlighting
recommended solutions and steps that could be taken in
this State to reduce inequitable health outcomes,
including complications, morbidity, and near-death or
life-threatening incidents, including recommendations to
assist health care providers, the Department, and
lawmakers in reducing inequitable treatment and health
outcomes and shall be distributed on the Department's
website and to the General Assembly, government agencies,
health care providers, and others as necessary to reduce
inequitable health treatments and outcomes in the State.
(g) The Board may:
(1) form special ad hoc panels to further investigate
cases of illness and death resulting from specific causes
when the need arises; and

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