Rep. Kathleen A. Ryg
Filed: 4/15/2008
 
 

 




 

 		












09500HB5574ham003

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AMENDMENT TO HOUSE BILL 5574 




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    AMENDMENT NO. ______. Amend House Bill 5574 on page 1, line 
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6 by replacing "Section 9.2" with "Sections 9.2 and 11"; and
 

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on page 1, line 15 by replacing "prisons operated by the 
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Department of Corrections" with "State correctional facilities 
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prisons operated by the Department of Corrections"; and


 

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on page 2, by inserting after line 13 the following:
 



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    "(740 ILCS 110/11)  (from Ch. 91 1/2, par. 811)


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    Sec. 11. Disclosure of records and communications. Records  
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and
communications may be disclosed:


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        (i) in accordance with the provisions of the
Abused and 
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    Neglected Child Reporting Act, subsection (u) of Section 5 
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    of the Children and Family Services Act, or Section 7.4 of 
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    the Child Care Act of 1969;


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        (ii) when, and to the extent, a
therapist, in his or 
 


 






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    her sole discretion, determines that disclosure is

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    necessary to initiate or continue civil commitment 
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    proceedings under the laws
of this State or to otherwise 
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    protect the recipient or other person against a
clear, 
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    imminent risk of serious physical or mental injury or 
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    disease or death
being inflicted upon the recipient or by 
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    the recipient on himself or another;


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        (iii) when, and to the extent disclosure is, in the 
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    sole discretion of the
therapist, necessary to the 
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    provision of emergency medical care to a recipient
who is 
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    unable to assert or waive his or her rights hereunder;

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        (iii-a) to any medical practitioner from whom the 
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    patient is seeking medical care, including any primary care 
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    physician; 

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        (iv) when
disclosure is necessary to collect sums or 
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    receive third
party payment representing charges for 
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    mental health or developmental
disabilities services 
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    provided by a therapist or agency to a recipient
under 
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    Chapter V of the Mental Health and Developmental 
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    Disabilities Code or to
transfer debts under the 
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    Uncollected State Claims Act; however, disclosure
shall be 
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    limited to information needed to pursue collection, and the

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    information so disclosed shall not be used for any other 
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    purposes nor shall it
be redisclosed except in connection 
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    with collection activities;


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        (v) when
requested by a family member, the Department 
 


 






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    of Human Services may assist in
the location of the 
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    interment site of a deceased recipient who is interred in a

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    cemetery established under Section 100-26 of the Mental 
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    Health and
Developmental Disabilities Administrative Act;


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        (vi) in judicial proceedings
under Article VIII of 
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    Chapter III and Article V of Chapter IV of the Mental

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    Health and Developmental Disabilities Code and proceedings 
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    and investigations
preliminary thereto, to the State's 
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    Attorney for the county or residence of a
person who is the 
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    subject of such proceedings, or in which the person is 
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    found,
or in which the facility is located, to the attorney 
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    representing the recipient
in the judicial proceedings, to 
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    any person or agency providing mental health
services that 
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    are the subject of the proceedings and to that person's or

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    agency's attorney, to any court personnel, including but 
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    not limited to judges
and circuit court clerks, and to a 
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    guardian ad litem if one has been appointed
by the court, 
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    provided that the information so disclosed shall not be 
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    utilized
for any other purpose nor be redisclosed except in 
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    connection with the
proceedings or investigations;


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        (vii) when, and to the extent disclosure is
necessary 
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    to comply with the requirements of the Census Bureau in 
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    taking the
federal Decennial Census;


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        (viii) when, and to the extent, in the
therapist's sole 
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    discretion, disclosure is necessary to warn or protect a

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    specific individual against whom a recipient has made a 
 


 






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    specific threat of
violence where there exists a 
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    therapist-recipient relationship or a special

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    recipient-individual relationship;


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        (ix) in accordance with the Sex Offender
Registration 
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    Act;


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        (x) in accordance with the Rights of Crime Victims and

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    Witnesses Act;
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        (xi) in accordance with Section 6 of the Abused and 
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    Neglected Long Term Care Facility Residents Reporting Act; 
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    and
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        (xii) in accordance with Section 55 of the Abuse of 
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    Adults with Disabilities Intervention Act.


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    Any person, institution, or agency, under
this Act, 
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participating in good faith in the making of a report under the

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Abused and Neglected Child Reporting Act or in the disclosure 
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of records and
communications under this Section, shall have 
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immunity from any liability,
civil, criminal or otherwise, that 
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might result by reason of such action. For
the purpose of any 
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proceeding, civil or criminal, arising out of a report or

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disclosure under this Section, the good faith of any person, 
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institution, or
agency so reporting or disclosing shall be 
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presumed.

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(Source: P.A. 94-852, eff. 6-13-06; 94-1010, eff. 10-1-06; 
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95-331, eff. 8-21-07.)".