103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3562
 
Introduced 2/9/2024, by Sen. Laura Ellman
 
SYNOPSIS AS INTRODUCED:
 
New Act
    Creates the Including Families in Mental Health Recovery Act. Provides that no later than one year after the effective date of the Act, the Department of Human Services shall adopt rules clarifying the circumstances under which, consistent with the standards governing the privacy and security of individually identifiable health information, Illinois health care providers and covered entities may disclose the protected health information of patients with a mental illness. Provides that no later than one year after the effective date of this Act, the Department of Human Services shall develop and disseminate only within Illinois: (1) a model program and materials for training health care providers (including physicians, emergency medical personnel, psychologists, counselors, therapists, behavioral health facilities and clinics, care managers, and hospitals) regarding the circumstances under which, consistent with the standards governing privacy and security of individually identifiable health information under the Health Insurance Portability and Accountability Act of 1996, the protected health information of patients with a mental illness may be disclosed with and without patient consent; (2) a model program and materials for training lawyers and others in the legal profession on such circumstances; and (3) a model program and materials for training patients and their families regarding their rights to protect and obtain information under the standards specified in the Act.


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A BILL FOR
 
SB3562LRB103 37644 RLC 67771 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the 
5Including Families in Mental Health Recovery Act. 
 
6    Section 5. Disclosure of protected health care 
7information. No later than one year after the effective date 
8of this Act, the Department of Human Services shall adopt 
9rules clarifying the circumstances under which, consistent 
10with the standards governing the privacy and security of 
11individually identifiable health information, Illinois health 
12care providers and covered entities may disclose the protected 
13health information of patients with a mental illness, 
14including for the purposes of:
15        (1) communicating with a patient's family, caregivers, 
16    friends, or others involved in the patient's care, 
17    including communication about treatments, side effects, 
18    risk factors, and the availability of community resources;
19        (2) communicating with family or caregivers when the 
20    patient is an adult;
21        (3) communicating with family or caregivers of a 
22    patient who is a minor;
23        (4) considering the patient's capacity to agree or 
 
 
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1    object to the sharing of the patient's information;
2        (5) communicating and sharing information with a 
3    patient's family or caregivers when:
4            (A) the patient consents; or
5            (B) the patient does not consent but the patient 
6        lacks the capacity to agree or object and the 
7        communication or sharing of information is in the 
8        patient's best interest;
9        (6) involving a patient's family members, friends, or 
10    caregivers, or others involved in the patient's care, in 
11    the patient's care plan, including treatment and 
12    medication adherence, in dealing with patient failures to 
13    adhere to medication or other therapy;
14        (7) listening to or receiving information from family 
15    members or caregivers about their loved ones receiving 
16    mental illness treatment;
17        (8) communicating with family members, caregivers, law 
18    enforcement, or others when the patient presents a serious 
19    and imminent threat of harm to self or others; and 
20        (9) communicating to law enforcement and family 
21    members or caregivers about the admission of a patient to 
22    receive care at a facility or the release of a patient who 
23    was admitted to a facility for an emergency psychiatric 
24    hold or involuntary treatment.
 
25    Section 10. Development and dissemination of model 
 
 
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1training programs. 
2    (a) No later than one year after the effective date of this 
3Act, the Department of Human Services shall develop and 
4disseminate only within Illinois:
5             (1) a model program and materials for training 
6        health care providers (including physicians, emergency 
7        medical personnel, psychologists, counselors, 
8        therapists, behavioral health facilities and clinics, 
9        care managers, and hospitals) regarding the 
10        circumstances under which, consistent with the 
11        standards governing privacy and security of 
12        individually identifiable health information under the 
13        Health Insurance Portability and Accountability Act of 
14        1996, the protected health information of patients 
15        with a mental illness may be disclosed with and 
16        without patient consent;
17            (2) a model program and materials for training 
18        lawyers and others in the legal profession on such 
19        circumstances; and
20            (3) a model program and materials for training 
21        patients and their families regarding their rights to 
22        protect and obtain information under the standards 
23        specified in paragraph (1).
24    (b) In developing the model programs and materials 
25required by this Section, the Department of Human Services 
26shall solicit the input of relevant national, State, and local 
 
 
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1associations, medical societies, and licensing boards.