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1 | | AN ACT concerning civil law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Mental Health and Developmental |
5 | | Disabilities Confidentiality Act is amended by changing |
6 | | Sections 2, 6, 7, 9, 9.2, 9.4, 11, and 13 and by adding |
7 | | Sections 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, and 9.11 as follows:
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8 | | (740 ILCS 110/2) (from Ch. 91 1/2, par. 802)
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9 | | Sec. 2.
The terms used in this Act, unless the context |
10 | | requires otherwise,
have the meanings ascribed to them in this |
11 | | Section.
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12 | | "Agent" means a person who has been legally appointed as an |
13 | | individual's
agent under a power of attorney for health care or |
14 | | for property.
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15 | | "Business associate" has the meaning ascribed to it under |
16 | | HIPAA, as specified in 45 CFR 160.103. |
17 | | "Confidential communication" or "communication" means any |
18 | | communication
made by a recipient or other person to a |
19 | | therapist or to or in the presence of
other persons during or |
20 | | in connection with providing mental health or
developmental |
21 | | disability services to a recipient. Communication includes
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22 | | information which indicates that a person is a recipient. |
23 | | "Communication" does not include information that has been |
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1 | | de-identified in accordance with HIPAA, as specified in 45 CFR |
2 | | 164.514.
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3 | | "Covered entity" has the meaning ascribed to it under |
4 | | HIPAA, as specified in 45 CFR 160.103. |
5 | | "Guardian" means a legally appointed guardian or |
6 | | conservator of the
person.
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7 | | "Health information exchange" or "HIE" means a health |
8 | | information exchange or health information organization that |
9 | | oversees and governs the electronic exchange of health |
10 | | information that (i) is established pursuant to the Illinois |
11 | | Health Information Exchange and Technology Act, or any |
12 | | subsequent amendments thereto, and any administrative rules |
13 | | promulgated thereunder; or
(ii) has established a data sharing |
14 | | arrangement with the Illinois Health Information Exchange; or
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15 | | (iii) as of the effective date of this amendatory Act of the |
16 | | 98th General Assembly, was designated by the Illinois Health |
17 | | Information Exchange Authority Board as a member of, or was |
18 | | represented on, the Authority Board's Regional Health |
19 | | Information Exchange Workgroup; provided that such designation |
20 | | shall not require the establishment of a data sharing |
21 | | arrangement or other participation with the Illinois Health |
22 | | Information Exchange or the payment of any fee. |
23 | | "HIE purposes" means those uses and disclosures (as those |
24 | | terms are defined under HIPAA, as specified in 45 CFR 160.103) |
25 | | for activities of an HIE: (i) set forth in the Illinois Health |
26 | | Information Exchange and Technology Act or any subsequent |
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1 | | amendments thereto and any administrative rules promulgated |
2 | | thereunder; or (ii) which are permitted under federal law. |
3 | | "HIPAA" means the Health Insurance Portability and |
4 | | Accountability Act of 1996, Public Law 104-191, and any |
5 | | subsequent amendments thereto and any regulations promulgated |
6 | | thereunder, including the Security Rule, as specified in 45 CFR |
7 | | 164.302-18, and the Privacy Rule, as specified in 45 CFR |
8 | | 164.500-34. |
9 | | "Integrated health system" means an organization with a |
10 | | system of care which incorporates physical and behavioral |
11 | | healthcare and includes care delivered in an inpatient and |
12 | | outpatient setting. |
13 | | "Interdisciplinary team" means a group of persons |
14 | | representing different clinical disciplines, such as medicine, |
15 | | nursing, social work, and psychology, providing and |
16 | | coordinating the care and treatment for a recipient of mental |
17 | | health or developmental disability services. The group may be |
18 | | composed of individuals employed by one provider or multiple |
19 | | providers. |
20 | | "Mental health or developmental disabilities services" or |
21 | | "services"
includes but is not limited to examination, |
22 | | diagnosis, evaluation, treatment,
training, pharmaceuticals, |
23 | | aftercare, habilitation or rehabilitation.
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24 | | "Personal notes" means:
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25 | | (i) information disclosed to the therapist in |
26 | | confidence by
other persons on condition that such |
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1 | | information would never be disclosed
to the recipient or |
2 | | other persons;
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3 | | (ii) information disclosed to the therapist by the |
4 | | recipient
which would be injurious to the recipient's |
5 | | relationships to other persons, and
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6 | | (iii) the therapist's speculations, impressions, |
7 | | hunches, and reminders.
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8 | | "Parent" means a parent or, in the absence of a parent or |
9 | | guardian,
a person in loco parentis.
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10 | | "Recipient" means a person who is receiving or has received |
11 | | mental
health or developmental disabilities services.
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12 | | "Record" means any record kept by a therapist or by an |
13 | | agency in the
course of providing mental health or |
14 | | developmental disabilities service
to a recipient concerning |
15 | | the recipient and the services provided.
"Records" includes all |
16 | | records maintained by a court that have been created
in |
17 | | connection with,
in preparation for, or as a result of the |
18 | | filing of any petition or certificate
under Chapter II, Chapter |
19 | | III, or Chapter IV
of the Mental Health and Developmental |
20 | | Disabilities Code and includes the
petitions, certificates, |
21 | | dispositional reports, treatment plans, and reports of
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22 | | diagnostic evaluations and of hearings under Article VIII of |
23 | | Chapter III or under Article V of Chapter IV of that Code. |
24 | | Record
does not include the therapist's personal notes, if such |
25 | | notes are kept in
the therapist's sole possession for his own |
26 | | personal use and are not
disclosed to any other person, except |
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1 | | the therapist's supervisor,
consulting therapist or attorney. |
2 | | If at any time such notes are disclosed,
they shall be |
3 | | considered part of the recipient's record for purposes of
this |
4 | | Act. "Record" does not include information that has been |
5 | | de-identified in accordance with HIPAA, as specified in 45 CFR |
6 | | 164.514.
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7 | | "Record custodian" means a person responsible for |
8 | | maintaining a
recipient's record.
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9 | | "Therapist" means a psychiatrist, physician, psychologist, |
10 | | social
worker, or nurse providing mental health or |
11 | | developmental disabilities services
or any other person not |
12 | | prohibited by law from providing such services or
from holding |
13 | | himself out as a therapist if the recipient reasonably believes
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14 | | that such person is permitted to do so. Therapist includes any |
15 | | successor
of the therapist.
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16 | | (Source: P.A. 89-58, eff. 1-1-96; 90-538, eff. 12-1-97.)
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17 | | (740 ILCS 110/6) (from Ch. 91 1/2, par. 806)
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18 | | Sec. 6.
Such information from a recipient's record as is |
19 | | necessary
to enable him to apply for or receive benefits may be |
20 | | disclosed with consent
obtained pursuant to Section 5 of this |
21 | | Act. Disclosure may be made without
consent when despite every |
22 | | reasonable effort it is not possible to obtain
consent because |
23 | | the person entitled to give consent is not capable of
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24 | | consenting
or is not available to do so. The recipient shall be |
25 | | informed of any
disclosure
made without consent. The |
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1 | | information disclosed without consent under this
Section may |
2 | | include only the identity of the recipient and therapist and
a |
3 | | description of the nature, purpose, quantity, and date of the |
4 | | services
provided. Any request for additional information |
5 | | shall state with
particularity
what further information is |
6 | | needed and the reasons therefor. Refusal to
consent to the |
7 | | disclosure of more information than is necessary to apply for |
8 | | or receive
direct benefits shall not be grounds for in any way |
9 | | denying, limiting, or
cancelling such benefits or refusing to |
10 | | accept an application or renew such
benefits. Such information |
11 | | shall not be redisclosed except as provided in this Act with |
12 | | the consent
of the person entitled to give consent .
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13 | | (Source: P.A. 80-1508.)
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14 | | (740 ILCS 110/7) (from Ch. 91 1/2, par. 807)
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15 | | Sec. 7. Review of therapist or agency; use of recipient's |
16 | | record.
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17 | | (a) When a therapist or agency which provides services is |
18 | | being
reviewed for purposes of licensure, statistical |
19 | | compilation, research,
evaluation, or other similar purpose, a |
20 | | recipient's record may be used by
the person conducting the |
21 | | review to the extent that this is necessary to
accomplish the |
22 | | purpose of the review, provided that personally identifiable
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23 | | data is removed from the record before use. Personally |
24 | | identifiable
data may be disclosed only in accordance with the |
25 | | consent obtained under Section 5
of this Act. Licensure and the |
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1 | | like may not be withheld or withdrawn for
failure to disclose |
2 | | personally identifiable data if consent is not obtained.
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3 | | (b) When an agency which provides services is being |
4 | | reviewed for
purposes of funding, accreditation, reimbursement |
5 | | or audit by a State or
federal agency or accrediting body, a |
6 | | recipient's record may be used by
the person conducting the |
7 | | review and personally identifiable information
may be |
8 | | disclosed without consent, provided that the personally |
9 | | identifiable
information is necessary to accomplish the |
10 | | purpose of the review.
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11 | | For the purpose of this subsection, an inspection
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12 | | investigation or site visit by the United States Department of |
13 | | Justice
regarding compliance with a pending consent decree is |
14 | | considered an audit
by a federal agency.
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15 | | (c) An independent team of experts under Brian's Law shall |
16 | | be entitled to inspect and copy the records of any recipient |
17 | | whose death is being examined by such a team pursuant to the |
18 | | mortality review process authorized by Brian's Law.
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19 | | Information disclosed under this subsection may not be |
20 | | redisclosed without
the written consent of one of the persons |
21 | | identified in Section 4 of this Act.
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22 | | (Source: P.A. 96-1235, eff. 1-1-11.)
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23 | | (740 ILCS 110/9) (from Ch. 91 1/2, par. 809)
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24 | | (Text of Section WITHOUT the changes made by
P.A. 89-7, |
25 | | which has been held unconstitutional)
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1 | | Sec. 9.
In the course of providing services and after the |
2 | | conclusion of the
provision of services, including for the |
3 | | purposes of treatment and care coordination, a therapist , |
4 | | integrated health system, or member of an interdisciplinary |
5 | | team may use, disclose, or re-disclose may disclose a record or |
6 | | communications
without consent to:
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7 | | (1) the therapist's supervisor, a consulting |
8 | | therapist, members of a
staff team participating in the |
9 | | provision of services, a record custodian, a business |
10 | | associate, an integrated health system, a member of an |
11 | | interdisciplinary team,
or a person acting under the |
12 | | supervision and control of the therapist;
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13 | | (2) persons conducting a peer review of the services |
14 | | being provided;
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15 | | (3) the Institute for Juvenile Research and the |
16 | | Institute for the
Study of Developmental Disabilities;
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17 | | (4) an attorney or advocate consulted by a therapist or |
18 | | agency which
provides services concerning the therapist's |
19 | | or agency's legal rights or
duties in relation to the |
20 | | recipient and the services being provided; and
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21 | | (5) the Inspector General of the Department of Children |
22 | | and Family
Services when such records or communications are |
23 | | relevant to a pending
investigation authorized by Section |
24 | | 35.5 of the Children and Family Services
Act where:
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25 | | (A) the recipient was either (i) a parent, foster |
26 | | parent, or caretaker
who is an alleged perpetrator of |
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1 | | abuse or neglect or the subject of a
dependency |
2 | | investigation or (ii) a non-ward victim of alleged |
3 | | abuse or
neglect, and
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4 | | (B) available information demonstrates that the |
5 | | mental health of the
recipient was or should have been |
6 | | an issue to the safety of the child.
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7 | | In the course of providing services, a therapist , |
8 | | integrated health system, or member of an interdisciplinary |
9 | | team may disclose a record or
communications without consent to |
10 | | any department, agency, institution or
facility which has |
11 | | custody of the recipient pursuant to State statute or any
court |
12 | | order of commitment.
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13 | | Information may be disclosed under this Section only to the |
14 | | extent that
knowledge of the record or communications is |
15 | | essential to the purpose for
which disclosure is made and only |
16 | | after the recipient is informed that such
disclosure may be |
17 | | made. A person to whom disclosure is made under this
Section |
18 | | shall not redisclose any information except as provided in this |
19 | | Act.
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20 | | (Source: P.A. 86-955; 90-512, eff. 8-22-97.)
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21 | | (740 ILCS 110/9.2)
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22 | | Sec. 9.2. Interagency disclosure of recipient information. |
23 | | For the
purposes of continuity of care, the Department of Human |
24 | | Services (as
successor to the Department of Mental Health and |
25 | | Developmental
Disabilities), community agencies funded by the
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1 | | Department of Human Services in that capacity, licensed private |
2 | | hospitals , integrated health systems, members of an |
3 | | interdisciplinary team, federally qualified health centers, or |
4 | | physicians or therapists or other healthcare providers |
5 | | licensed or certified by or receiving payments from the |
6 | | Department of Human Services or the Department of Healthcare |
7 | | and Family Services, State correctional facilities, juvenile |
8 | | justice facilities, mental health facilities operated by a |
9 | | county, mental health court
professionals as defined in Section |
10 | | 10 of the Mental Health Court Treatment Act, Veterans and
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11 | | Servicemembers Court professionals as defined in Section 10 of |
12 | | the Veterans and
Servicemembers Court Treatment Act and jails |
13 | | and juvenile detention facilities operated by any
county of |
14 | | this State may disclose a
recipient's record or communications, |
15 | | without consent, to each other, but only
for the purpose of |
16 | | admission, treatment, planning, coordinating care, or |
17 | | discharge , or governmentally mandated public health reporting . |
18 | | Entities
shall not redisclose any personally identifiable |
19 | | information, unless necessary
for admission, treatment, |
20 | | planning, coordinating care, or discharge , or governmentally |
21 | | mandated public health reporting of the identified recipient to
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22 | | another setting.
No records or communications may be disclosed |
23 | | to a county jail or State correctional facility pursuant to
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24 | | this Section unless the Department has entered into a written |
25 | | agreement with
the county jail or State correctional facility |
26 | | requiring that the county jail or State correctional facility |
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1 | | adopt written policies and
procedures designed to ensure that |
2 | | the records and communications are disclosed
only to those |
3 | | persons employed by or under contract to the county jail or |
4 | | State correctional facility who are
involved in the provision |
5 | | of mental health services to inmates and that the
records and |
6 | | communications are protected from further disclosure.
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7 | | (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10; |
8 | | 97-946, eff. 8-13-12.)
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9 | | (740 ILCS 110/9.4) |
10 | | Sec. 9.4. Disclosure for treatment and coordination of |
11 | | care. |
12 | | (a) For recipients in a program administered or operated by |
13 | | the Department of Healthcare and Family Services or the |
14 | | Department of Human Services (as successor to the Department of |
15 | | Mental Health and Developmental Disabilities), records of a |
16 | | recipient may be disclosed without consent by county jails, |
17 | | insurance companies, integrated health systems, and State |
18 | | agencies, including the Department of Corrections, the |
19 | | Department of Children and Family Services, the Department of |
20 | | Healthcare and Family Services and the Department of Human |
21 | | Services, to hospitals, physicians, therapists, emergency |
22 | | medical personnel, and members of an interdisciplinary team |
23 | | treating a recipient for the purposes of treatment and |
24 | | coordination of care. |
25 | | (b) An interdisciplinary team treating a recipient may |
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1 | | disclose the recipient's records without the recipient's |
2 | | consent to other members of the team. |
3 | | (c) The records that may be disclosed under this Section |
4 | | are services rendered, providers rendering the services, |
5 | | pharmaceuticals prescribed or dispensed, and diagnoses. All |
6 | | disclosures under this Section must be made in a manner |
7 | | consistent with existing federal and State laws and |
8 | | regulations, including the federal Health Insurance |
9 | | Portability and Accountability Act (HIPAA). |
10 | | (d) (Blank). For the purpose of this Section only: |
11 | | "Integrated health system" means an organization with |
12 | | a system of care which incorporates physical and behavioral |
13 | | healthcare and includes care delivered in an inpatient and |
14 | | outpatient setting. |
15 | | "Interdisciplinary team" means a group of persons, |
16 | | representing different clinical disciplines (medicine, |
17 | | nursing, social work, psychology, etc.) providing and |
18 | | coordinating the care and treatment for a person with |
19 | | mental illness. The group may be composed of individuals |
20 | | employed by one provider or multiple providers.
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21 | | (Source: P.A. 97-515, eff. 8-23-11.) |
22 | | (740 ILCS 110/9.5 new) |
23 | | Sec. 9.5. Use and disclosure of information to an HIE. |
24 | | (a) An HIE, person, therapist, facility, agency, |
25 | | interdisciplinary team, integrated health system, business |
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1 | | associate, or covered entity may, without a recipient's |
2 | | consent, use or disclose information from a recipient's record |
3 | | in connection with an HIE, including disclosure to the Illinois |
4 | | Health Information Exchange Authority, an HIE, or the business |
5 | | associate of either. An HIE and its business associate may, |
6 | | without a recipient's consent, use or disclose and re-disclose |
7 | | such information for HIE purposes or for such other purposes as |
8 | | are specifically allowed under this Act. |
9 | | (b) As used in this Section: |
10 | | (1) "facility" means a developmental disability |
11 | | facility as defined in Section 1-107 of the Mental Health |
12 | | and Developmental Disabilities Code or a mental health |
13 | | facility as defined in Section 1-114 of the Mental Health |
14 | | and Developmental Disabilities Code; and |
15 | | (2) the terms "disclosure" and "use" have the meanings |
16 | | ascribed to them under HIPAA, as specified in 45 CFR |
17 | | 160.103. |
18 | | (740 ILCS 110/9.6 new) |
19 | | Sec. 9.6. HIE opt-out. The Illinois Health Information |
20 | | Exchange Authority shall, through appropriate rules, |
21 | | standards, or contractual obligations, which shall be binding |
22 | | upon any HIE, as defined under Section 2, require that |
23 | | participants of such HIE provide each recipient whose record is |
24 | | accessible through the health information exchange the |
25 | | reasonable opportunity to expressly decline the further |
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1 | | disclosure of the record by the health information exchange to |
2 | | third parties, except to the extent permitted by law such as |
3 | | for purposes of public health reporting. These rules, |
4 | | standards, or contractual obligations shall permit a recipient |
5 | | to revoke a prior decision to opt-out or a decision not to |
6 | | opt-out. These rules, standards, or contractual obligations |
7 | | shall provide for written notice of a recipient's right to |
8 | | opt-out which directs the recipient to a health information |
9 | | exchange website containing (i) an explanation of the purposes |
10 | | of the health information exchange; and (ii) audio, visual, and |
11 | | written instructions on how to opt-out of participation in |
12 | | whole or in part to the extent possible. These rules, |
13 | | standards, or contractual obligations shall be reviewed |
14 | | annually and updated as the technical options develop. The |
15 | | recipient shall be provided meaningful disclosure regarding |
16 | | the health information exchange, and the recipient's decision |
17 | | whether to opt-out should be obtained without undue inducement |
18 | | or any element of force, fraud, deceit, duress, or other form |
19 | | of constraint or coercion. To the extent that HIPAA, as |
20 | | specified in 45 CFR 164.508(b)(4), prohibits a covered entity |
21 | | from conditioning the provision of its services upon an |
22 | | individual's provision of an authorization, an HIE participant |
23 | | shall not condition the provision of its services upon a |
24 | | recipient's decision to opt-out of further disclosure of the |
25 | | record by an HIE to third parties. The Illinois Health |
26 | | Information Exchange Authority shall, through appropriate |
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1 | | rules, standards, or contractual obligations, which shall be |
2 | | binding upon any HIE, as defined under Section 2, give |
3 | | consideration to the format and content of the meaningful |
4 | | disclosure and the availability to recipients of information |
5 | | regarding an HIE and the rights of recipients under this |
6 | | Section to expressly decline the further disclosure of the |
7 | | record by an HIE to third parties. The Illinois Health |
8 | | Information Exchange Authority shall also give annual |
9 | | consideration to enable a recipient to expressly decline the |
10 | | further disclosure by an HIE to third parties of selected |
11 | | portions of the recipient's record while permitting disclosure |
12 | | of the recipient's remaining patient health information. In |
13 | | establishing rules, standards, or contractual obligations |
14 | | binding upon HIEs under this Section to give effect to |
15 | | recipient disclosure preferences, the Illinois Health |
16 | | Information Exchange Authority in its discretion may consider |
17 | | the extent to which relevant health information technologies |
18 | | reasonably available to therapists and HIEs in this State |
19 | | reasonably enable the effective segmentation of specific |
20 | | information within a recipient's electronic medical record and |
21 | | reasonably enable the effective exclusion of specific |
22 | | information from disclosure by an HIE to third parties, as well |
23 | | as the availability of sufficient authoritative clinical |
24 | | guidance to enable the practical application of such |
25 | | technologies to effect recipient disclosure preferences. The |
26 | | provisions of this Section 9.6 shall not apply to the secure |
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1 | | electronic transmission of data which is point-to-point |
2 | | communication directed by the data custodian. Any rules or |
3 | | standards promulgated under this Section which apply to HIEs |
4 | | shall be limited to that subject matter required by this |
5 | | Section and shall not include any requirement that an HIE enter |
6 | | a data sharing arrangement or otherwise participate with the |
7 | | Illinois Health Information Exchange. In connection with its |
8 | | annual consideration regarding the issue of segmentation of |
9 | | information within a medical record and prior to the adoption |
10 | | of any rules or standards regarding that issue, the Authority |
11 | | Board shall consider information provided by affected persons |
12 | | or organizations regarding the feasibility, availability, |
13 | | cost, reliability, and interoperability of any technology or |
14 | | process under consideration by the Board. Nothing in this Act |
15 | | shall be construed to limit the authority of the Illinois |
16 | | Health Information Exchange Authority to impose limits or |
17 | | conditions on consent for disclosures to or through any HIE, as |
18 | | defined under Section 2, which are more restrictive than the |
19 | | requirements under this Act or under HIPAA. |
20 | | (740 ILCS 110/9.7 new) |
21 | | Sec. 9.7. Other limitations on consent requirements. The |
22 | | consent requirements under Section 5 may not be required for |
23 | | the use or disclosure (as those terms are defined under HIPAA, |
24 | | as specified in 45 CFR 160.103) of a record or communication |
25 | | disclosed (as that term is defined under HIPAA, as specified in |
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1 | | 45 CFR 160.103) to or through an HIE for HIE purposes and in |
2 | | accordance with this Act. |
3 | | (740 ILCS 110/9.8 new) |
4 | | Sec. 9.8. Business associates. An HIE, person, therapist, |
5 | | facility, agency, interdisciplinary team, integrated health |
6 | | system, business associate, covered entity, the Illinois |
7 | | Health Information Exchange Authority, or entity facilitating |
8 | | the establishment or operation of an HIE may, without a |
9 | | recipient's consent, utilize the services of and disclose |
10 | | information from a recipient's record to a business associate, |
11 | | as defined by and in accordance with the requirements set forth |
12 | | under HIPAA. As used in this Section, the term "disclosure" has |
13 | | the meaning ascribed to it by HIPAA, as specified in 45 CFR |
14 | | 160.103. |
15 | | (740 ILCS 110/9.9 new) |
16 | | Sec. 9.9. Record locator service. |
17 | | (a) An HIE, person, therapist, facility, agency, |
18 | | interdisciplinary team, integrated health system, business |
19 | | associate, covered entity, the Illinois Health Information |
20 | | Exchange Authority, or entity facilitating the establishment |
21 | | or operation of an HIE may, without a recipient's consent, |
22 | | disclose the existence of a recipient's record to a record |
23 | | locator service, master patient index, or other directory or |
24 | | services necessary to support and enable the establishment and |
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1 | | operation of an HIE. |
2 | | (b) As used in this Section: |
3 | | (1) the term "disclosure" has the meaning ascribed to |
4 | | it under HIPAA, as specified in 45 CFR 160.103; and |
5 | | (2) "facility" means a developmental disability |
6 | | facility as defined in Section 1-107 of the Mental Health |
7 | | and Developmental Disabilities Code or a mental health |
8 | | facility as defined in Section 1-114 of the Mental Health |
9 | | and Developmental Disabilities Code. |
10 | | (740 ILCS 110/9.10 new) |
11 | | Sec. 9.10. Interagency disclosures by HIE. Nothing in this |
12 | | Act shall be construed to limit the use of an HIE to facilitate |
13 | | the disclosure or re-disclosure of information from a |
14 | | recipient's record to any agency or department of this State as |
15 | | authorized by Sections 7.1, 9.2 and 9.4 of this Act. |
16 | | Notwithstanding the foregoing, nothing in this Act shall be |
17 | | construed to allow for the disclosure or re-disclosure of |
18 | | information from a recipient's record to law enforcement |
19 | | personnel or for law enforcement purposes. |
20 | | (740 ILCS 110/9.11 new) |
21 | | Sec. 9.11. Establishment and disclosure of limited data |
22 | | sets and de-identified information. |
23 | | (a) An HIE, person, therapist, facility, agency, |
24 | | interdisciplinary team, integrated health system, business |
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1 | | associate, covered entity, the Illinois Health Information |
2 | | Exchange Authority, or entity facilitating the establishment |
3 | | or operation of an HIE may, without a recipient's consent, use |
4 | | information from a recipient's record to establish, or disclose |
5 | | such information to a business associate to establish, and |
6 | | further disclose information from a recipient's record as part |
7 | | of a limited data set as defined by and in accordance with the |
8 | | requirements set forth under HIPAA, as specified in 45 CFR |
9 | | 164.514(e). An HIE, person, therapist, facility, agency, |
10 | | interdisciplinary team, integrated health system, business |
11 | | associate, covered entity, the Illinois Health Information |
12 | | Exchange Authority, or entity facilitating the establishment |
13 | | or operation of an HIE may, without a recipient's consent, use |
14 | | information from a recipient's record or disclose information |
15 | | from a recipient's record to a business associate to |
16 | | de-identity the information in accordance with HIPAA, as |
17 | | specified in 45 CFR 164.514. |
18 | | (b) As used in this Section: |
19 | | (1) the terms "disclosure" and "use" shall have the |
20 | | meanings ascribed to them by HIPAA, as specified in 45 CFR |
21 | | 160.103; and |
22 | | (2) "facility" means a developmental disability |
23 | | facility as defined in Section 1-107 of the Mental Health |
24 | | and Developmental Disabilities Code or a mental health |
25 | | facility as defined in Section 1-114 of the Mental Health |
26 | | and Developmental Disabilities Code.
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1 | | (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
|
2 | | Sec. 11. Disclosure of records and communications. Records |
3 | | and
communications may be disclosed:
|
4 | | (i) in accordance with the provisions of the
Abused and |
5 | | Neglected Child Reporting Act, subsection (u) of Section 5 |
6 | | of the Children and Family Services Act, or Section 7.4 of |
7 | | the Child Care Act of 1969;
|
8 | | (ii) when, and to the extent, a
therapist, in his or |
9 | | her sole discretion, determines that disclosure is
|
10 | | necessary to initiate or continue civil commitment or |
11 | | involuntary treatment proceedings under the laws
of this |
12 | | State or to otherwise protect the recipient or other person |
13 | | against a
clear, imminent risk of serious physical or |
14 | | mental injury or disease or death
being inflicted upon the |
15 | | recipient or by the recipient on himself or another;
|
16 | | (iii) when, and to the extent disclosure is, in the |
17 | | sole discretion of the
therapist, necessary to the |
18 | | provision of emergency medical care to a recipient
who is |
19 | | unable to assert or waive his or her rights hereunder;
|
20 | | (iv) when
disclosure is necessary to collect sums or |
21 | | receive third
party payment representing charges for |
22 | | mental health or developmental
disabilities services |
23 | | provided by a therapist or agency to a recipient
under |
24 | | Chapter V of the Mental Health and Developmental |
25 | | Disabilities Code or to
transfer debts under the |
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1 | | Uncollected State Claims Act; however, disclosure
shall be |
2 | | limited to information needed to pursue collection, and the
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3 | | information so disclosed shall not be used for any other |
4 | | purposes nor shall it
be redisclosed except in connection |
5 | | with collection activities;
|
6 | | (v) when
requested by a family member, the Department |
7 | | of Human Services may assist in
the location of the |
8 | | interment site of a deceased recipient who is interred in a
|
9 | | cemetery established under Section 26 of the Mental Health |
10 | | and
Developmental Disabilities Administrative Act;
|
11 | | (vi) in judicial proceedings
under Article VIII of |
12 | | Chapter III and Article V of Chapter IV of the Mental
|
13 | | Health and Developmental Disabilities Code and proceedings |
14 | | and investigations
preliminary thereto, to the State's |
15 | | Attorney for the county or residence of a
person who is the |
16 | | subject of such proceedings, or in which the person is |
17 | | found,
or in which the facility is located, to the attorney |
18 | | representing the petitioner in the judicial proceedings, |
19 | | to the attorney representing the recipient
in the judicial |
20 | | proceedings, to any person or agency providing mental |
21 | | health
services that are the subject of the proceedings and |
22 | | to that person's or
agency's attorney, to any court |
23 | | personnel, including but not limited to judges
and circuit |
24 | | court clerks, and to a guardian ad litem if one has been |
25 | | appointed
by the court. Information disclosed under this |
26 | | subsection shall not be utilized
for any other purpose nor |
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1 | | be redisclosed except in connection with the
proceedings or |
2 | | investigations. Copies of any records provided to counsel |
3 | | for a petitioner shall be deleted or destroyed at the end |
4 | | of the proceedings and counsel for petitioner shall certify |
5 | | to the court in writing that he or she has done so. At the |
6 | | request of a recipient or his or her counsel, the court |
7 | | shall issue a protective order insuring the |
8 | | confidentiality of any records or communications provided |
9 | | to counsel for a petitioner;
|
10 | | (vii) when, and to the extent disclosure is
necessary |
11 | | to comply with the requirements of the Census Bureau in |
12 | | taking the
federal Decennial Census;
|
13 | | (viii) when, and to the extent, in the
therapist's sole |
14 | | discretion, disclosure is necessary to warn or protect a
|
15 | | specific individual against whom a recipient has made a |
16 | | specific threat of
violence where there exists a |
17 | | therapist-recipient relationship or a special
|
18 | | recipient-individual relationship;
|
19 | | (ix) in accordance with the Sex Offender
Registration |
20 | | Act;
|
21 | | (x) in accordance with the Rights of Crime Victims and
|
22 | | Witnesses Act; |
23 | | (xi) in accordance with Section 6 of the Abused and |
24 | | Neglected Long Term Care Facility Residents Reporting Act; |
25 | | and |
26 | | (xii) in accordance with Section 55 of the Abuse of |
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1 | | Adults with Disabilities Intervention Act ; and .
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2 | | (xiii) to an HIE as specifically allowed under this Act |
3 | | for HIE purposes and in accordance with any applicable |
4 | | requirements of the HIE. |
5 | | Any person, institution, or agency, under
this Act, |
6 | | participating in good faith in the making of a report under the
|
7 | | Abused and Neglected Child Reporting Act or in the disclosure |
8 | | of records and
communications under this Section, shall have |
9 | | immunity from any liability,
civil, criminal or otherwise, that |
10 | | might result by reason of such action. For
the purpose of any |
11 | | proceeding, civil or criminal, arising out of a report or
|
12 | | disclosure under this Section, the good faith of any person, |
13 | | institution, or
agency so reporting or disclosing shall be |
14 | | presumed.
|
15 | | (Source: P.A. 96-466, eff. 8-14-09; 97-333, eff. 8-12-11; |
16 | | 97-375, eff. 8-15-11.)
|
17 | | (740 ILCS 110/13) (from Ch. 91 1/2, par. 813)
|
18 | | Sec. 13.
Whenever disclosure of a record or communication |
19 | | is made without
consent pursuant to this Act , other than uses, |
20 | | disclosures, or redisclosures permitted under Sections 9.5, |
21 | | 9.8, 9.9, 9.10, and 9.11 of this Act, or other than uses, |
22 | | disclosures, or redisclosures permitted under Sections 9, 9.2, |
23 | | and 9.4 of this Act effected by electronic transmission, or |
24 | | whenever a record is used pursuant to Sections
7 and 8 of this |
25 | | Act, a notation of the information disclosed and the purpose
of |