The attached bill (see link above), recently introduced in the Illinois House of Representatives, amends the Medical Patients Rights Act to prohibit pharmaceutical companies from disclosing information about "services provided to patients." There are exceptions for disclosures to: (i) patients or their healthcare decision makers, (ii) parties involved in treatment, (iii) parties responsible for peer review, and (iv) disclosures authorized by law or patients. This provision is not as extensive or detailed as the federal health care privacy law, HIPAA. However, unlike HIPAA, the bill directly applies to pharmaceutical companies and it resembles HIPAA's general restriction on the use of patients' information except for narrow purposes or where authorized by patients.
In addition, the bill prohibits a pharmaceutical company from requiring patients to authorize disclosure in order to receive medications. Unlike a similar provision recently enacted in California, this legislation does not contain exceptions for clinical research, patient assistance programs, drug discount programs, prioritization of drugs in limited supply, or requests for information from patients. The legislation, if passed, will likely affect the conduct of such programs and activities.
The bill, HB 343, is sponsored by Rep. Jakobsson (D-103) and has been referred to the Health Care Availability and Access Committee. GCD's HIPAA Task Force will be closely monitoring its progress. In the meantime, should you have questions about the bill, it's status, or the impact on your business, please do not hesitate to contact us.