Public Act 098-0378
 
HB1017 EnrolledLRB098 04914 HEP 34944 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Sections 2, 6, 7, 9, 9.2, 9.4, 11, and 13 and by adding
Sections 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, and 9.11 as follows:
 
    (740 ILCS 110/2)  (from Ch. 91 1/2, par. 802)
    Sec. 2. The terms used in this Act, unless the context
requires otherwise, have the meanings ascribed to them in this
Section.
    "Agent" means a person who has been legally appointed as an
individual's agent under a power of attorney for health care or
for property.
    "Business associate" has the meaning ascribed to it under
HIPAA, as specified in 45 CFR 160.103.
    "Confidential communication" or "communication" means any
communication made by a recipient or other person to a
therapist or to or in the presence of other persons during or
in connection with providing mental health or developmental
disability services to a recipient. Communication includes
information which indicates that a person is a recipient.
"Communication" does not include information that has been
de-identified in accordance with HIPAA, as specified in 45 CFR
164.514.
    "Covered entity" has the meaning ascribed to it under
HIPAA, as specified in 45 CFR 160.103.
    "Guardian" means a legally appointed guardian or
conservator of the person.
    "Health information exchange" or "HIE" means a health
information exchange or health information organization that
oversees and governs the electronic exchange of health
information that (i) is established pursuant to the Illinois
Health Information Exchange and Technology Act, or any
subsequent amendments thereto, and any administrative rules
promulgated thereunder; or (ii) has established a data sharing
arrangement with the Illinois Health Information Exchange; or
(iii) as of the effective date of this amendatory Act of the
98th General Assembly, was designated by the Illinois Health
Information Exchange Authority Board as a member of, or was
represented on, the Authority Board's Regional Health
Information Exchange Workgroup; provided that such designation
shall not require the establishment of a data sharing
arrangement or other participation with the Illinois Health
Information Exchange or the payment of any fee.
    "HIE purposes" means those uses and disclosures (as those
terms are defined under HIPAA, as specified in 45 CFR 160.103)
for activities of an HIE: (i) set forth in the Illinois Health
Information Exchange and Technology Act or any subsequent
amendments thereto and any administrative rules promulgated
thereunder; or (ii) which are permitted under federal law.
    "HIPAA" means the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, and any
subsequent amendments thereto and any regulations promulgated
thereunder, including the Security Rule, as specified in 45 CFR
164.302-18, and the Privacy Rule, as specified in 45 CFR
164.500-34.
    "Integrated health system" means an organization with a
system of care which incorporates physical and behavioral
healthcare and includes care delivered in an inpatient and
outpatient setting.
    "Interdisciplinary team" means a group of persons
representing different clinical disciplines, such as medicine,
nursing, social work, and psychology, providing and
coordinating the care and treatment for a recipient of mental
health or developmental disability services. The group may be
composed of individuals employed by one provider or multiple
providers.
    "Mental health or developmental disabilities services" or
"services" includes but is not limited to examination,
diagnosis, evaluation, treatment, training, pharmaceuticals,
aftercare, habilitation or rehabilitation.
    "Personal notes" means:
        (i) information disclosed to the therapist in
    confidence by other persons on condition that such
    information would never be disclosed to the recipient or
    other persons;
        (ii) information disclosed to the therapist by the
    recipient which would be injurious to the recipient's
    relationships to other persons, and
        (iii) the therapist's speculations, impressions,
    hunches, and reminders.
    "Parent" means a parent or, in the absence of a parent or
guardian, a person in loco parentis.
    "Recipient" means a person who is receiving or has received
mental health or developmental disabilities services.
    "Record" means any record kept by a therapist or by an
agency in the course of providing mental health or
developmental disabilities service to a recipient concerning
the recipient and the services provided. "Records" includes all
records maintained by a court that have been created in
connection with, in preparation for, or as a result of the
filing of any petition or certificate under Chapter II, Chapter
III, or Chapter IV of the Mental Health and Developmental
Disabilities Code and includes the petitions, certificates,
dispositional reports, treatment plans, and reports of
diagnostic evaluations and of hearings under Article VIII of
Chapter III or under Article V of Chapter IV of that Code.
Record does not include the therapist's personal notes, if such
notes are kept in the therapist's sole possession for his own
personal use and are not disclosed to any other person, except
the therapist's supervisor, consulting therapist or attorney.
If at any time such notes are disclosed, they shall be
considered part of the recipient's record for purposes of this
Act. "Record" does not include information that has been
de-identified in accordance with HIPAA, as specified in 45 CFR
164.514.
    "Record custodian" means a person responsible for
maintaining a recipient's record.
    "Therapist" means a psychiatrist, physician, psychologist,
social worker, or nurse providing mental health or
developmental disabilities services or any other person not
prohibited by law from providing such services or from holding
himself out as a therapist if the recipient reasonably believes
that such person is permitted to do so. Therapist includes any
successor of the therapist.
(Source: P.A. 89-58, eff. 1-1-96; 90-538, eff. 12-1-97.)
 
    (740 ILCS 110/6)  (from Ch. 91 1/2, par. 806)
    Sec. 6. Such information from a recipient's record as is
necessary to enable him to apply for or receive benefits may be
disclosed with consent obtained pursuant to Section 5 of this
Act. Disclosure may be made without consent when despite every
reasonable effort it is not possible to obtain consent because
the person entitled to give consent is not capable of
consenting or is not available to do so. The recipient shall be
informed of any disclosure made without consent. The
information disclosed without consent under this Section may
include only the identity of the recipient and therapist and a
description of the nature, purpose, quantity, and date of the
services provided. Any request for additional information
shall state with particularity what further information is
needed and the reasons therefor. Refusal to consent to the
disclosure of more information than is necessary to apply for
or receive direct benefits shall not be grounds for in any way
denying, limiting, or cancelling such benefits or refusing to
accept an application or renew such benefits. Such information
shall not be redisclosed except as provided in this Act with
the consent of the person entitled to give consent.
(Source: P.A. 80-1508.)
 
    (740 ILCS 110/7)  (from Ch. 91 1/2, par. 807)
    Sec. 7. Review of therapist or agency; use of recipient's
record.
    (a) When a therapist or agency which provides services is
being reviewed for purposes of licensure, statistical
compilation, research, evaluation, or other similar purpose, a
recipient's record may be used by the person conducting the
review to the extent that this is necessary to accomplish the
purpose of the review, provided that personally identifiable
data is removed from the record before use. Personally
identifiable data may be disclosed only in accordance with the
consent obtained under Section 5 of this Act. Licensure and the
like may not be withheld or withdrawn for failure to disclose
personally identifiable data if consent is not obtained.
    (b) When an agency which provides services is being
reviewed for purposes of funding, accreditation, reimbursement
or audit by a State or federal agency or accrediting body, a
recipient's record may be used by the person conducting the
review and personally identifiable information may be
disclosed without consent, provided that the personally
identifiable information is necessary to accomplish the
purpose of the review.
    For the purpose of this subsection, an inspection
investigation or site visit by the United States Department of
Justice regarding compliance with a pending consent decree is
considered an audit by a federal agency.
    (c) An independent team of experts under Brian's Law shall
be entitled to inspect and copy the records of any recipient
whose death is being examined by such a team pursuant to the
mortality review process authorized by Brian's Law.
Information disclosed under this subsection may not be
redisclosed without the written consent of one of the persons
identified in Section 4 of this Act.
(Source: P.A. 96-1235, eff. 1-1-11.)
 
    (740 ILCS 110/9)  (from Ch. 91 1/2, par. 809)
    (Text of Section WITHOUT the changes made by P.A. 89-7,
which has been held unconstitutional)
    Sec. 9. In the course of providing services and after the
conclusion of the provision of services, including for the
purposes of treatment and care coordination, a therapist,
integrated health system, or member of an interdisciplinary
team may use, disclose, or re-disclose may disclose a record or
communications without consent to:
        (1) the therapist's supervisor, a consulting
    therapist, members of a staff team participating in the
    provision of services, a record custodian, a business
    associate, an integrated health system, a member of an
    interdisciplinary team, or a person acting under the
    supervision and control of the therapist;
        (2) persons conducting a peer review of the services
    being provided;
        (3) the Institute for Juvenile Research and the
    Institute for the Study of Developmental Disabilities;
        (4) an attorney or advocate consulted by a therapist or
    agency which provides services concerning the therapist's
    or agency's legal rights or duties in relation to the
    recipient and the services being provided; and
        (5) the Inspector General of the Department of Children
    and Family Services when such records or communications are
    relevant to a pending investigation authorized by Section
    35.5 of the Children and Family Services Act where:
            (A) the recipient was either (i) a parent, foster
        parent, or caretaker who is an alleged perpetrator of
        abuse or neglect or the subject of a dependency
        investigation or (ii) a non-ward victim of alleged
        abuse or neglect, and
            (B) available information demonstrates that the
        mental health of the recipient was or should have been
        an issue to the safety of the child.
    In the course of providing services, a therapist,
integrated health system, or member of an interdisciplinary
team may disclose a record or communications without consent to
any department, agency, institution or facility which has
custody of the recipient pursuant to State statute or any court
order of commitment.
    Information may be disclosed under this Section only to the
extent that knowledge of the record or communications is
essential to the purpose for which disclosure is made and only
after the recipient is informed that such disclosure may be
made. A person to whom disclosure is made under this Section
shall not redisclose any information except as provided in this
Act.
(Source: P.A. 86-955; 90-512, eff. 8-22-97.)
 
    (740 ILCS 110/9.2)
    Sec. 9.2. Interagency disclosure of recipient information.
For the purposes of continuity of care, the Department of Human
Services (as successor to the Department of Mental Health and
Developmental Disabilities), community agencies funded by the
Department of Human Services in that capacity, licensed private
hospitals, integrated health systems, members of an
interdisciplinary team, federally qualified health centers, or
physicians or therapists or other healthcare providers
licensed or certified by or receiving payments from the
Department of Human Services or the Department of Healthcare
and Family Services, State correctional facilities, juvenile
justice facilities, mental health facilities operated by a
county, mental health court professionals as defined in Section
10 of the Mental Health Court Treatment Act, Veterans and
Servicemembers Court professionals as defined in Section 10 of
the Veterans and Servicemembers Court Treatment Act and jails
and juvenile detention facilities operated by any county of
this State may disclose a recipient's record or communications,
without consent, to each other, but only for the purpose of
admission, treatment, planning, coordinating care, or
discharge, or governmentally mandated public health reporting.
Entities shall not redisclose any personally identifiable
information, unless necessary for admission, treatment,
planning, coordinating care, or discharge, or governmentally
mandated public health reporting of the identified recipient to
another setting. No records or communications may be disclosed
to a county jail or State correctional facility pursuant to
this Section unless the Department has entered into a written
agreement with the county jail or State correctional facility
requiring that the county jail or State correctional facility
adopt written policies and procedures designed to ensure that
the records and communications are disclosed only to those
persons employed by or under contract to the county jail or
State correctional facility who are involved in the provision
of mental health services to inmates and that the records and
communications are protected from further disclosure.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10;
97-946, eff. 8-13-12.)
 
    (740 ILCS 110/9.4)
    Sec. 9.4. Disclosure for treatment and coordination of
care.
    (a) For recipients in a program administered or operated by
the Department of Healthcare and Family Services or the
Department of Human Services (as successor to the Department of
Mental Health and Developmental Disabilities), records of a
recipient may be disclosed without consent by county jails,
insurance companies, integrated health systems, and State
agencies, including the Department of Corrections, the
Department of Children and Family Services, the Department of
Healthcare and Family Services and the Department of Human
Services, to hospitals, physicians, therapists, emergency
medical personnel, and members of an interdisciplinary team
treating a recipient for the purposes of treatment and
coordination of care.
    (b) An interdisciplinary team treating a recipient may
disclose the recipient's records without the recipient's
consent to other members of the team.
    (c) The records that may be disclosed under this Section
are services rendered, providers rendering the services,
pharmaceuticals prescribed or dispensed, and diagnoses. All
disclosures under this Section must be made in a manner
consistent with existing federal and State laws and
regulations, including the federal Health Insurance
Portability and Accountability Act (HIPAA).
    (d) (Blank). For the purpose of this Section only:
        "Integrated health system" means an organization with
    a system of care which incorporates physical and behavioral
    healthcare and includes care delivered in an inpatient and
    outpatient setting.
        "Interdisciplinary team" means a group of persons,
    representing different clinical disciplines (medicine,
    nursing, social work, psychology, etc.) providing and
    coordinating the care and treatment for a person with
    mental illness. The group may be composed of individuals
    employed by one provider or multiple providers.
(Source: P.A. 97-515, eff. 8-23-11.)
 
    (740 ILCS 110/9.5 new)
    Sec. 9.5. Use and disclosure of information to an HIE.
    (a) An HIE, person, therapist, facility, agency,
interdisciplinary team, integrated health system, business
associate, or covered entity may, without a recipient's
consent, use or disclose information from a recipient's record
in connection with an HIE, including disclosure to the Illinois
Health Information Exchange Authority, an HIE, or the business
associate of either. An HIE and its business associate may,
without a recipient's consent, use or disclose and re-disclose
such information for HIE purposes or for such other purposes as
are specifically allowed under this Act.
    (b) As used in this Section:
        (1) "facility" means a developmental disability
    facility as defined in Section 1-107 of the Mental Health
    and Developmental Disabilities Code or a mental health
    facility as defined in Section 1-114 of the Mental Health
    and Developmental Disabilities Code; and
        (2) the terms "disclosure" and "use" have the meanings
    ascribed to them under HIPAA, as specified in 45 CFR
    160.103.
 
    (740 ILCS 110/9.6 new)
    Sec. 9.6. HIE opt-out. The Illinois Health Information
Exchange Authority shall, through appropriate rules,
standards, or contractual obligations, which shall be binding
upon any HIE, as defined under Section 2, require that
participants of such HIE provide each recipient whose record is
accessible through the health information exchange the
reasonable opportunity to expressly decline the further
disclosure of the record by the health information exchange to
third parties, except to the extent permitted by law such as
for purposes of public health reporting. These rules,
standards, or contractual obligations shall permit a recipient
to revoke a prior decision to opt-out or a decision not to
opt-out. These rules, standards, or contractual obligations
shall provide for written notice of a recipient's right to
opt-out which directs the recipient to a health information
exchange website containing (i) an explanation of the purposes
of the health information exchange; and (ii) audio, visual, and
written instructions on how to opt-out of participation in
whole or in part to the extent possible. These rules,
standards, or contractual obligations shall be reviewed
annually and updated as the technical options develop. The
recipient shall be provided meaningful disclosure regarding
the health information exchange, and the recipient's decision
whether to opt-out should be obtained without undue inducement
or any element of force, fraud, deceit, duress, or other form
of constraint or coercion. To the extent that HIPAA, as
specified in 45 CFR 164.508(b)(4), prohibits a covered entity
from conditioning the provision of its services upon an
individual's provision of an authorization, an HIE participant
shall not condition the provision of its services upon a
recipient's decision to opt-out of further disclosure of the
record by an HIE to third parties. The Illinois Health
Information Exchange Authority shall, through appropriate
rules, standards, or contractual obligations, which shall be
binding upon any HIE, as defined under Section 2, give
consideration to the format and content of the meaningful
disclosure and the availability to recipients of information
regarding an HIE and the rights of recipients under this
Section to expressly decline the further disclosure of the
record by an HIE to third parties. The Illinois Health
Information Exchange Authority shall also give annual
consideration to enable a recipient to expressly decline the
further disclosure by an HIE to third parties of selected
portions of the recipient's record while permitting disclosure
of the recipient's remaining patient health information. In
establishing rules, standards, or contractual obligations
binding upon HIEs under this Section to give effect to
recipient disclosure preferences, the Illinois Health
Information Exchange Authority in its discretion may consider
the extent to which relevant health information technologies
reasonably available to therapists and HIEs in this State
reasonably enable the effective segmentation of specific
information within a recipient's electronic medical record and
reasonably enable the effective exclusion of specific
information from disclosure by an HIE to third parties, as well
as the availability of sufficient authoritative clinical
guidance to enable the practical application of such
technologies to effect recipient disclosure preferences. The
provisions of this Section 9.6 shall not apply to the secure
electronic transmission of data which is point-to-point
communication directed by the data custodian. Any rules or
standards promulgated under this Section which apply to HIEs
shall be limited to that subject matter required by this
Section and shall not include any requirement that an HIE enter
a data sharing arrangement or otherwise participate with the
Illinois Health Information Exchange. In connection with its
annual consideration regarding the issue of segmentation of
information within a medical record and prior to the adoption
of any rules or standards regarding that issue, the Authority
Board shall consider information provided by affected persons
or organizations regarding the feasibility, availability,
cost, reliability, and interoperability of any technology or
process under consideration by the Board. Nothing in this Act
shall be construed to limit the authority of the Illinois
Health Information Exchange Authority to impose limits or
conditions on consent for disclosures to or through any HIE, as
defined under Section 2, which are more restrictive than the
requirements under this Act or under HIPAA.
 
    (740 ILCS 110/9.7 new)
    Sec. 9.7. Other limitations on consent requirements. The
consent requirements under Section 5 may not be required for
the use or disclosure (as those terms are defined under HIPAA,
as specified in 45 CFR 160.103) of a record or communication
disclosed (as that term is defined under HIPAA, as specified in
45 CFR 160.103) to or through an HIE for HIE purposes and in
accordance with this Act.
 
    (740 ILCS 110/9.8 new)
    Sec. 9.8. Business associates. An HIE, person, therapist,
facility, agency, interdisciplinary team, integrated health
system, business associate, covered entity, the Illinois
Health Information Exchange Authority, or entity facilitating
the establishment or operation of an HIE may, without a
recipient's consent, utilize the services of and disclose
information from a recipient's record to a business associate,
as defined by and in accordance with the requirements set forth
under HIPAA. As used in this Section, the term "disclosure" has
the meaning ascribed to it by HIPAA, as specified in 45 CFR
160.103.
 
    (740 ILCS 110/9.9 new)
    Sec. 9.9. Record locator service.
    (a) An HIE, person, therapist, facility, agency,
interdisciplinary team, integrated health system, business
associate, covered entity, the Illinois Health Information
Exchange Authority, or entity facilitating the establishment
or operation of an HIE may, without a recipient's consent,
disclose the existence of a recipient's record to a record
locator service, master patient index, or other directory or
services necessary to support and enable the establishment and
operation of an HIE.
    (b) As used in this Section:
        (1) the term "disclosure" has the meaning ascribed to
    it under HIPAA, as specified in 45 CFR 160.103; and
        (2) "facility" means a developmental disability
    facility as defined in Section 1-107 of the Mental Health
    and Developmental Disabilities Code or a mental health
    facility as defined in Section 1-114 of the Mental Health
    and Developmental Disabilities Code.
 
    (740 ILCS 110/9.10 new)
    Sec. 9.10. Interagency disclosures by HIE. Nothing in this
Act shall be construed to limit the use of an HIE to facilitate
the disclosure or re-disclosure of information from a
recipient's record to any agency or department of this State as
authorized by Sections 7.1, 9.2 and 9.4 of this Act.
Notwithstanding the foregoing, nothing in this Act shall be
construed to allow for the disclosure or re-disclosure of
information from a recipient's record to law enforcement
personnel or for law enforcement purposes.
 
    (740 ILCS 110/9.11 new)
    Sec. 9.11. Establishment and disclosure of limited data
sets and de-identified information.
    (a) An HIE, person, therapist, facility, agency,
interdisciplinary team, integrated health system, business
associate, covered entity, the Illinois Health Information
Exchange Authority, or entity facilitating the establishment
or operation of an HIE may, without a recipient's consent, use
information from a recipient's record to establish, or disclose
such information to a business associate to establish, and
further disclose information from a recipient's record as part
of a limited data set as defined by and in accordance with the
requirements set forth under HIPAA, as specified in 45 CFR
164.514(e). An HIE, person, therapist, facility, agency,
interdisciplinary team, integrated health system, business
associate, covered entity, the Illinois Health Information
Exchange Authority, or entity facilitating the establishment
or operation of an HIE may, without a recipient's consent, use
information from a recipient's record or disclose information
from a recipient's record to a business associate to
de-identity the information in accordance with HIPAA, as
specified in 45 CFR 164.514.
    (b) As used in this Section:
        (1) the terms "disclosure" and "use" shall have the
    meanings ascribed to them by HIPAA, as specified in 45 CFR
    160.103; and
        (2) "facility" means a developmental disability
    facility as defined in Section 1-107 of the Mental Health
    and Developmental Disabilities Code or a mental health
    facility as defined in Section 1-114 of the Mental Health
    and Developmental Disabilities Code.
 
    (740 ILCS 110/11)  (from Ch. 91 1/2, par. 811)
    Sec. 11. Disclosure of records and communications. Records
and communications may be disclosed:
        (i) in accordance with the provisions of the Abused and
    Neglected Child Reporting Act, subsection (u) of Section 5
    of the Children and Family Services Act, or Section 7.4 of
    the Child Care Act of 1969;
        (ii) when, and to the extent, a therapist, in his or
    her sole discretion, determines that disclosure is
    necessary to initiate or continue civil commitment or
    involuntary treatment proceedings under the laws of this
    State or to otherwise protect the recipient or other person
    against a clear, imminent risk of serious physical or
    mental injury or disease or death being inflicted upon the
    recipient or by the recipient on himself or another;
        (iii) when, and to the extent disclosure is, in the
    sole discretion of the therapist, necessary to the
    provision of emergency medical care to a recipient who is
    unable to assert or waive his or her rights hereunder;
        (iv) when disclosure is necessary to collect sums or
    receive third party payment representing charges for
    mental health or developmental disabilities services
    provided by a therapist or agency to a recipient under
    Chapter V of the Mental Health and Developmental
    Disabilities Code or to transfer debts under the
    Uncollected State Claims Act; however, disclosure shall be
    limited to information needed to pursue collection, and the
    information so disclosed shall not be used for any other
    purposes nor shall it be redisclosed except in connection
    with collection activities;
        (v) when requested by a family member, the Department
    of Human Services may assist in the location of the
    interment site of a deceased recipient who is interred in a
    cemetery established under Section 26 of the Mental Health
    and Developmental Disabilities Administrative Act;
        (vi) in judicial proceedings under Article VIII of
    Chapter III and Article V of Chapter IV of the Mental
    Health and Developmental Disabilities Code and proceedings
    and investigations preliminary thereto, to the State's
    Attorney for the county or residence of a person who is the
    subject of such proceedings, or in which the person is
    found, or in which the facility is located, to the attorney
    representing the petitioner in the judicial proceedings,
    to the attorney representing the recipient in the judicial
    proceedings, to any person or agency providing mental
    health services that are the subject of the proceedings and
    to that person's or agency's attorney, to any court
    personnel, including but not limited to judges and circuit
    court clerks, and to a guardian ad litem if one has been
    appointed by the court. Information disclosed under this
    subsection shall not be utilized for any other purpose nor
    be redisclosed except in connection with the proceedings or
    investigations. Copies of any records provided to counsel
    for a petitioner shall be deleted or destroyed at the end
    of the proceedings and counsel for petitioner shall certify
    to the court in writing that he or she has done so. At the
    request of a recipient or his or her counsel, the court
    shall issue a protective order insuring the
    confidentiality of any records or communications provided
    to counsel for a petitioner;
        (vii) when, and to the extent disclosure is necessary
    to comply with the requirements of the Census Bureau in
    taking the federal Decennial Census;
        (viii) when, and to the extent, in the therapist's sole
    discretion, disclosure is necessary to warn or protect a
    specific individual against whom a recipient has made a
    specific threat of violence where there exists a
    therapist-recipient relationship or a special
    recipient-individual relationship;
        (ix) in accordance with the Sex Offender Registration
    Act;
        (x) in accordance with the Rights of Crime Victims and
    Witnesses Act;
        (xi) in accordance with Section 6 of the Abused and
    Neglected Long Term Care Facility Residents Reporting Act;
    and
        (xii) in accordance with Section 55 of the Abuse of
    Adults with Disabilities Intervention Act; and .
        (xiii) to an HIE as specifically allowed under this Act
    for HIE purposes and in accordance with any applicable
    requirements of the HIE.
    Any person, institution, or agency, under this Act,
participating in good faith in the making of a report under the
Abused and Neglected Child Reporting Act or in the disclosure
of records and communications under this Section, shall have
immunity from any liability, civil, criminal or otherwise, that
might result by reason of such action. For the purpose of any
proceeding, civil or criminal, arising out of a report or
disclosure under this Section, the good faith of any person,
institution, or agency so reporting or disclosing shall be
presumed.
(Source: P.A. 96-466, eff. 8-14-09; 97-333, eff. 8-12-11;
97-375, eff. 8-15-11.)
 
    (740 ILCS 110/13)  (from Ch. 91 1/2, par. 813)
    Sec. 13. Whenever disclosure of a record or communication
is made without consent pursuant to this Act, other than uses,
disclosures, or redisclosures permitted under Sections 9.5,
9.8, 9.9, 9.10, and 9.11 of this Act, or other than uses,
disclosures, or redisclosures permitted under Sections 9, 9.2,
and 9.4 of this Act effected by electronic transmission, or
whenever a record is used pursuant to Sections 7 and 8 of this
Act, a notation of the information disclosed and the purpose of
such disclosure or use shall be noted in the recipient's record
together with the date and the name of the person to whom
disclosure was made or by whom the record was used.
(Source: P.A. 80-1508.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.