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ILHIE Legal Task Force Meeting Minutes - January 19 2011 

ILHIE Legal Task Force Executive Committee Meeting

January 19, 2011

In-person Attendees:

Susan Breier, Alexian Brothers Medical Center
David Carvalho, Illinois Department of Public Health
Elizabeth LaRocca, Dept. of Healthcare and Family Services
Anne Murphy, Holland & Knight

Office of Health Information Technology

Mark Chudzinski
David Kim

Attendance by Phone:

Cliff Berman, SXC Health Solutions Corp.
Mark Deaton, Illinois Hospital Association
Patricia Foltz, Anderson, Rasor & Partners, LLP
Christine Hammer, Chicago Lawyers' Committee For Civil Rights Under Law
Jennifer Koehler, Office of the Governor
Marilyn Lamar, Liss & Lamar
Mary Lucie, Northwestern Memorial Hospital
Maria Pekar, Loyola University Health System
Renee Popovits, Popovits & Robinson
Jay Readey, Chicago Lawyers' Committee For Civil Rights Under Law
Edward Rickert, Krieg DeVault
Wendy Rubas, Central DuPage Hospital
Maia Thiagarajan, Ingalls Health System

Mark Chudzinski, the General Counsel of the State of Illinois Office of Health Information Technology (OHIT), opened the meeting at 2:00 p.m., hosted by OHIT at the State of Illinois J.R. Thompson Center in Downtown Chicago, with a telephone conference call-in number. It was noted that notice of the meeting and the agenda were posted on the OHIT Web site and at the Chicago meeting location no later than 48 hours prior to the meeting. Roll was taken, and the ability of those attending by telephone to hear and participate was confirmed.

Mark Deaton, co-chair of the Task Force, chaired the meeting, and reported that fellow co-chair Bernadette Broccolo regretted she was unable attend.

Mark Chudzinski reported that the draft minutes of the meeting held on December 17, 2010, will be circulated with the draft minutes from this meeting, for approval at the next meeting.

On behalf of the Substance Abuse Workgroup, Renee Popovits reported that the group had met three times to date. The group felt that since it had to develop consent forms because of Federal laws, the group would have to coordinate its efforts with the Consent Form Management Workgroup. A member suggested that the group examine the draft consent forms developed in the HISPC-IL 2 project, while another member suggested the group review the deliberations of the Upper Midwest HIE Consortium regarding a draft multi-State consent form. The group reported that it was looking at emergency consent laws ("break the glass" exceptions). The group then reported on the issue of balancing privacy and public policy. They noted the issue appeared to be attracting significant debate at the Federal level. The group felt it might be productive to bring in stakeholders from advocacy groups into its deliberations.

On behalf of the Public Health & Abuse Reporting; Medical Research Workgroup, Maria Pekar reported that the group membership has grown to 20 people. She also reported that the group is taking inventory of the relevant statute and rules, has divided the review among its members, and is using the behavioral health worksheet as a framework for the analysis.

On behalf of the Disclosure of Clinical Laboratory Test Results; Prescription Drug Information; Payment Claims Workgroup, Edward Rickert reported that the group is still working on recruiting members. They have their first meeting scheduled for February 1, 2011.

On behalf of the HIV/AIDS Workgroup, Susan Breier reported no new news.

On behalf of the Behavioral Health Workgroup, Wendy Rubas reported that they are still recruiting members. Wendy reported that they are looking for non-institutional attorneys to join the group. Wendy reported that they held their first meeting and began dividing review assignments with respect to the mental health statutes and State licensing statutes.

On behalf of the Genetic Testing Workgroup, Mary Lucie reported that they are finalizing their membership roster. They are looking for additional members with a consumer perspective. Mary reported that they used the first meeting to discuss the scope of the group's assignment. They also reported that they decided to use the Behavioral Workgroup worksheet.

On behalf of the Interstate Issues Workgroup, Marilyn Lamar reported that there was no new news with the Interstate Issues Workgroup. She mentioned the work of the Upper Midwest HIE Consortium (involving IL and the States of: MN, WI, IO, SD, and ND).

On behalf of the Liability issues Workgroup, Patricia Foltz reported that the workgroup has recruited a number of members, but that plaintiff firms were under-represented. She reported that they are planning to have their first official meeting before February 1, 2011.

Mark Chudzinski discussed the progress of the Legal Task Force initiative to date.

  • Co-chairs. Eight of the ten workgroups have co-chairs appointed; a co-chair vacancy remains on the HIV/AIDs workgroup and the Patient Consent/Forms workgroup.
  • Meetings. Six of the ten workgroups have already convened one or more times, with the Substance Abuse and Public Health workgroups having each already met three or more times. Three other workgroups have already set a date for their inaugural meeting.
  • Membership. The membership composition of eight of the ten workgroups is well advanced.
  • Interns. OHIT has proposed one or more Legal Interns to facilitate the legal research, whitepaper drafting, and logistical workings of each workgroup. Saroni Lasker of OHIT can provide logistical support for the convening of workgroup meetings (e.g., meeting space, conference phone line, posting of agendas and meeting notices).
  • Analytical Worksheet. The substantive deliberations of five of the workgroups has included detailed discussion of the template Analytical Worksheet, to serve as a guideline for conducting an analysis of the workgroup's relevant laws.

Mark thanked all of the workgroup co-chairs for their leadership, and all of the Task Force participants for their volunteer efforts advancing this important initiative.

Mark reported that OHIT had been successful in securing from Federal HHS/ONC approval of its Strategic and Operational Plan, satisfying a necessary condition for the receipt by OHIT of a $18.8 million Federal ARRA grant for HIE development and implementation in Illinois.

Mark reported that Governor Quinn had not yet appointed the Board members of the new IL HIE Authority, but that such appointments are anticipated imminently.

There was no public comment offered in response to the chairman's invitation for public comment.

The next meeting is tentatively scheduled for the afternoon of February 18 or March 3; the members of the Executive Committee will be polled to determine the optimal meeting date and time. Mark Chudzinski proposed the inclusion on the agenda of the next meeting a presentation on the anticipated technical architecture and functional services of the state-level Health Information Exchange.

The Meeting Adjourned at 2:45 p.m.