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- Illinois Pathologists, CAP Oppose Burdens in Privacy Bill
Pathologists in Illinois and the CAP called for amendments to a health care privacy bill that would overburden pathologists and laboratories with new requirements that should already be covered by federal statute.
The Illinois Society of Pathologists (ISP), with the support of the CAP and the Illinois State Medical Society (ISMS), is opposing House Bill 3041, which would establish the Illinois Data Privacy and Protection Act. The legislation is an outlier compared to other state privacy laws and public policy precedents which explicitly exempt information collected in the health care setting by health care providers impeding medical care.
In written testimony, the ISP said they strongly oppose the bill unless it’s amended. The Illinois Data Privacy and Protection Act would prohibit "covered entities" from collecting, processing, or transferring covered data beyond certain parameters and require certain policies, practices, and procedures as it pertains to such data. The current definition of "covered entities" implicitly includes pathologists and clinical laboratories.
The ISP further noted, "the purview of this bill should not include the practice of medicine, laboratory testing or medical genetic testing and other health care activities as these areas are already subject to rigorous regulation, including prohibitions on disclosure and robust privacy protections under the federal Health Insurance Portability and Accountability Act [HIPAA] of 1996."
The CAP will continue working with the ISP and ISMS to ensure that any current and forthcoming legislation includes a robust HIPAA exemption.