95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5574


 
Introduced , by Rep. Kathleen A. Ryg
 
SYNOPSIS AS INTRODUCED:
 		








  



740 ILCS 110/9.2









    Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that for purposes of continuity of care, licensed  private hospitals receiving payments from the Department of Human Services or the Department of Healthcare and Family Services may disclose a recipient's record or communications to each other or to other specified entities, but only for admission, treatment, planning, or discharge. Provides a definition of "licensed private hospital". Effective immediately.
















LRB095 16884 AJO 42927 b

















 


 


A BILL FOR









 











HB5574

LRB095 16884 AJO 42927 b






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    AN ACT concerning civil law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Mental Health and Developmental 
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Disabilities Confidentiality Act is amended  by changing 
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Section 9.2 as follows:
 



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    (740 ILCS 110/9.2)


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    Sec. 9.2. Interagency disclosure of recipient information. 
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For the
purposes of continuity of care, the Department of Human 
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Services (as
successor to the Department of Mental Health and 
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Developmental
Disabilities), community agencies funded by the

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Department of Human Services in that capacity, licensed  private 
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hospitals receiving payments from the Department of Human 
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Services or the Department of Healthcare and Family Services, 
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prisons operated by the Department of Corrections, mental 
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health facilities operated by a county,  and jails operated by 
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any
county of this State may disclose a
recipient's record or 
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communications, without consent, to each other, but only
for 
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the purpose of admission, treatment, planning, or discharge.  
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Entities
shall not redisclose any personally identifiable 
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information, unless necessary
for admission, treatment, 
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planning, or discharge of the identified recipient to
another 
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setting.
No records or communications may be disclosed to a 
 


 






HB5574
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LRB095 16884 AJO 42927 b




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county jail or State prison  pursuant to
this Section unless the 
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Department has entered into a written agreement with
the county 
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jail or State prison  requiring that the county jail or State 
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prison  adopt written policies and
procedures designed to ensure 
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that the records and communications are disclosed
only to those 
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persons employed by or under contract to the county jail or 
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State prison  who are
involved in the provision of mental health 
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services to inmates and that the
records and communications are 
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protected from further disclosure. For the purposes of this 
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Section, the term "licensed private hospital" shall have the 
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meaning ascribed to it in the Mental Health and Developmental 
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Disabilities Code. 

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(Source: P.A. 94-182, eff. 7-12-05.)


 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.