Latest Developments in the Illinois DUI Law/HIPAA Conflict

Last week’s blog posting discusses Rockford Memorial Hospital’s refusal to perform a DUI blood draw without a court order. The hospital’s refusal sparked a debate over a conflict between Illinois’ Motor Vehicle Code and a patient’s rights under the Health Insurance Portability and Accountability Act (HIPAA). The conflict prompted a meeting this week with Winnebago County State’s Attorney, Rockford area hospitals and local police departments. An Illinois Department of Transportation (IDOT) Prosecutor also attended the meeting. The purpose of the meeting was to discuss the conflict in the laws and to work out some form of a compromise between the hospitals and local law enforcement.

The Illinois Prosecutor took the position that under Illinois Motor Vehicle law, a person involved in an accident resulting in a serious injury or death is subject to having their blood drawn for analysis, without the necessity of a court order. However, the hospitals took the position that in order to protect the privacy of their patients (and to absolve themselves of the potential for liability under HIPAA), a court order is required for a DUI blood draw.

The meeting lasted for over two hours. Two possible compromises resulted from the meeting: 1) A consent form acceptable to both sides was discussed. The IDOT Prosecutor indicated that other hospitals in Illinois are using signed releases that release the hospital from liability and confirm that the hospital has a legal basis for obtaining the non-consensual blood draw; 2) Police departments could hire specialists trained to draw blood. The IDOT Prosecutor stated police departments in other states employ phlebotomists to draw blood on the scene of the accident.

The parties did not set a date for a follow-up meeting, but indicated they would be working closely together to reach a compromise. I will keep you updated on any further developments.

In other news impacting Illinois drivers, the Illinois State Police has announced it will be implementing a new enforcement method over the upcoming Labor Day weekend. The program is called “Stay Alive on the I’s” and it involves special patrols over the holiday weekend. There will be a trooper stationed every 10 miles on interstates throughout Illinois, with additional troopers patrolling the Chicago metro area and tollways. The troopers will be on the alert for potential drunk drivers, speeding, seatbelt usage, improper lane changes, following too closely and construction zone violations.

Thanks for reading my blog. If you have a question or comment, feel free to post it here, but keep in mind your response will not be confidential. If you’ve been accused of a violation of Illinois’ driving under the influence or traffic laws, contact me for immediate assistance.