Bill Text: IL HB5295 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: 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.

Sponsorship: Partisan Bill (Democrat 18)

Status: (Passed) 2026-06-24 - Public Act . . . . . . . . . 104-0471 [HB5295 Detail]

Download: Illinois-2025-HB5295-Enrolled.html

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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
Reproductive Health Records Privacy Act.
Section 5. Definitions. As used in this Act:
"Abortion" has the meaning given to that term in Section
1-10 of the Reproductive Health Act.
"Abortion-related health care services" means all
supplies, care, and services of a medical, behavioral health,
mental health, physical health, surgical, psychiatric,
therapeutic, diagnostic, preventive, rehabilitative, or
supportive nature relating to an abortion.
"Coded private health care information" means the health
information contained in an electronic health network, related
to the following, unless expanded, narrowed, or otherwise
changed by rule adopted by the Department of Public Health
under this Act:
(1) codes for designating diagnoses, treatments,
outcomes, or other health care information, including,
without limitation, Current Procedural Terminology (CPT)
codes, Healthcare Common Procedure Coding System (HCPCS)
codes, or National Drug Codes, associated with any of the

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following:
(A) complications following induced termination of
pregnancy;
(B) failed attempted termination of pregnancy;
(C) continuing pregnancy after selective reduction
of one fetus or more;
(D) encounter for elective termination of
pregnancy;
(E) induced abortion;
(F) multifetal pregnancy reductions;
(G) mifepristone; or
(H) medically induced abortion by oral ingestion
of medication, including all associated services and
supplies except drugs or medications; and
(2) medical diagnosis codes associated with gender
dysphoria.
"Covered entity" has the meaning given to that term in the
Health Insurance Portability and Accountability Act of 1996
(HIPAA), as specified in 45 CFR 160.103.
"Electronic health network" means an entity, other than a
health care provider or a hospital licensed under the Illinois
Hospital Licensing Act or a hospital licensed under the
University of Illinois Hospital Act, that is responsible for
facilitating the exchange of health information and is either:
(1) an entity that provides software or services that
allow health care providers to maintain health care

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information electronically and make that information
available to other authorized persons, providers, or
entities; or
(2) a health information technology developer of
certified health information technology that develops or
offers health information technology, as that term is
defined in 42 U.S.C. 300jj(5).
"Health care provider" has the meaning given to that term
in the Health Insurance Portability and Accountability Act of
1996 (HIPAA), as specified in 45 CFR 160.103.
"Patient" means any person who has received or is
receiving health care services in this State from an
individual or institution licensed to provide health care
services in this State.
"Private health care information" means the health
information contained in an electronic health network related
to the following, unless expanded, narrowed, or otherwise
changed by rule adopted by the Department of Public Health
under this Act:
(1) coded private health care information; and
(2) abortion or abortion-related health care services.
Section 10. Segregation of information; technological
capabilities.
(a) An electronic health network shall prevent the
disclosure of a patient's coded private health care

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information to a provider, business entity, other electronic
health network, or health information exchange located outside
this State unless the disclosure is:
(1) for technical support purposes;
(2) for quality assurance purposes;
(3) for payment or health care operations, as defined
by the Health Insurance Portability and Accountability Act
of 1996 (HIPAA); or
(4) to a specific covered entity with the consent of:
(A) the patient, for health care services for
which the patient can provide consent under the laws
of this State; or
(B) the patient's parent, guardian, health care
surrogate decision maker, or power of attorney for
health care for health care services for which the
parent, guardian, health care surrogate decision
maker, or power of attorney for health care can
provide consent under the laws of this State.
(b) An electronic health network shall develop and enable
the technological capabilities to, with respect to
out-of-state disclosures:
(1) parse coded private health care information and
convey all other information in a patient's electronic
health record that is not prohibited by law;
(2) allow a health care provider to manually segregate
or otherwise prevent the sharing or disclosure of private

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health care information from a patient's electronic health
record;
(3) allow a patient to request and consent to the
exchange of private health care information to a specific
covered entity; and
(4) allow a patient to opt out of segregating private
health care information in a patient's electronic health
record.
(c) An electronic health network shall not notify a health
care provider, business entity, other electronic health
network, or health information exchange located outside this
State that private health care information may have been
segregated from a patient's electronic health record.
(d) The Department of Public Health may adopt rules as
necessary to administer and implement this Act. If the
Department adopts rules regarding the definition of private
health care information, the Department shall consider any
necessary exceptions to segregation and adopt rules that set
forth those exceptions as determined.
(e) Nothing in this Act shall be interpreted to undermine
the existing protections against disclosure of confidential
health information or lawful health care activity, including,
but not limited to, pursuant to the Lawful Health Care
Activity Act and the Personal Information Protection Act.
(f) Nothing in this Act shall be interpreted to require
health care providers to use electronic health networks.

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Section 15. Patient direction to share health information.
(a) A patient may direct private health care information
to be shared, in whole or in part, with a specific covered
entity located outside the State through an electronic health
network in accordance with 45 CFR 171.202(b)(1). A patient may
also revoke a prior decision to direct private health care
information to be shared or not to be shared.
(b) An electronic health network shall make available to
covered entities meaningful information regarding a patient's
right to direct the electronic health network to share the
patient's private health care information.
(c) The Department of Public Health may publish, on its
website, information about this Act in English, Spanish, and
any other languages the Department deems necessary.
Section 20. Violations. Any person aggrieved by a
violation of this Act by an electronic health network may
bring an action against that electronic health network. Actual
damages, injunctive relief, and reasonable attorney's fees and
costs, as well as any other relief which the court deems
proper, may be awarded to a successful plaintiff in any action
under this Act. Nothing contained in this Act shall be deemed
to authorize the bringing of any action against any health
care provider.

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Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect July 1,
2027.