HB 3494

Consumer-facing health apps, wellness platforms, and fitness trackers operating in Illinois would likely need explicit opt-in consent before collecting or sharing health data, including AI-inferred health information.

Digital advertising and adtech companies could lose the ability to target Illinois users based on health-related signals (pregnancy, mental health, chronic conditions) without specific authorization.

Retailers and pharmacies that infer health conditions from purchase data using AI or analytics may fall under the law's scope, even if they aren't traditional healthcare providers.

Health AI vendors selling to Illinois consumers (symptom checkers, mental health chatbots, period trackers) would need new consent flows, data maps, and likely a published consumer health data privacy policy.

Following the pattern of similar laws, expect a private right of action under the Illinois Consumer Fraud Act, meaning class-action lawsuit exposure on top of Attorney General enforcement.

HIPAA-covered entities and data are typically exempt, but the gap between HIPAA coverage and consumer health apps is exactly what this bill targets.

Status is early (just introduced with co-sponsors being added), so terms, thresholds, and effective dates can still shift significantly.