Pritzker signs behavioral health data law amid privacy concerns

By Catrina Barker | The Center Square contributor
The Center Square

(The Center Square) – An Illinois state senator says the state’s track record with data security raises concerns about a new law that aims to collect demographic data from behavioral health providers.

House Bill 3487 was signed by Gov. J.B. Pritzker on Aug. 15. It passed the General Assembly along party lines.

“Our state’s rural areas continue to suffer due to a lack of mental health professionals,” said state Sen. Rachel Ventura, D-Joliet. “Accurate and recent data can greatly assist in addressing the behavioral health care workforce needs we have in this state. When we know the totality of the situation, we can come up with better solutions, such as grants or improved training programs to help this essential field.”

State Sen. Terri Bryant, R-Murphysboro, said her concerns about HB 3487 centered on how the information would be gathered and the potential for misuse.

“I thought that was problematic, because even though it says the information ‘may’ be provided, the state agency ‘shall’ ask the question,” Bryant said. “When you’re nervous about getting your license, you may not realize you don’t have to answer.”

The Department of Financial and Professional Regulation will ask providers for details such as their anticipated retirement date and primary language, which Bryant said are cause for concern.

“Asking somebody their projected date of retirement, you can pretty much use a little common sense and figure out how old the person is,” she said. “I felt like there was a potential for age discrimination once you have that kind of information.”

For Bryant, the vote ultimately came down to trust in state agencies and whether backers proved the bill’s necessity.

Bryant said the biggest concern is whether the state can be trusted to safeguard the information

“We’ve had data breaches before, the attorney general’s office, unemployment claims, even with license plate readers,” Bryant said. “So I’m not so sure that when you ask those questions, even though it’s intended that the information wouldn’t get out, that it wouldn’t.”

“I’m starting to get calls again from IDES from people who are getting letters saying that they’ve applied for unemployment and they’re not unemployed,” said Bryant. “I just sent a letter to IDES asking them if they’ve had a breach again.”

Secretary of State Alexi Giannoulias alleged that Flock Safety, a police tech company, illegally shared data with federal border enforcement.

Beyond privacy, Bryant questioned whether the law will help ease Illinois’ behavioral health worker shortages, especially in rural areas.

“We know that they’re not there. You don’t need data to show it. The only thing that resolves the problems we have in behavioral health is going to be making sure Medicaid payments are made, because the state gets really behind,” said Bryant. “Tracking those demographics implies there’s racial discrimination in areas without enough mental health providers, but I don’t think it has anything to do with race.”

Bryant said the real issue is the shortage of providers.

“We’ve made it too difficult for people to get licensed, and on top of that providers are always wondering if they’ll actually get paid,” she said.

Bryant added that she was never convinced of the bill’s necessity.

“It’s not my job to tell the people who want it why it’s a terrible idea, it’s their job to convince me why it’s a good idea,” Bryant said. “And they failed at that.”