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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0808
Introduced 02/02/05, by Rep. Patricia R. Bellock - Eileen Lyons SYNOPSIS AS INTRODUCED:
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Amends the Mental Health and Developmental Disabilities Confidentiality Act. Adds prisons operated by the Department of Corrections and mental health facilities operated by a county to the list of entities that may disclose a recipient's record or communications, without consent, to another entity on the list for the purpose of admission, treatment, planning, or discharge. Provides that no records or communications may be disclosed to a State prison unless the Department has entered into a written agreement with the State prison to ensure that the records and communications disclosed are disclosed only to the proper persons. Effective immediately.
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A BILL FOR
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HB0808 |
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LRB094 03614 LCB 33619 b |
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| AN ACT concerning civil liability.
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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, prisons operated |
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| by the Department of Corrections, mental health facilities |
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| operated by a county, and jails operated by any
county of this |
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| State may disclose a
recipient's record or communications, |
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| without consent, to each other, but only
for the purpose of |
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| admission, treatment, planning, or discharge. Entities
shall |
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| not redisclose any personally identifiable information, unless |
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| necessary
for admission, treatment, planning, or discharge of |
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| the identified recipient to
another setting.
No records or |
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| communications may be disclosed to a county jail or State |
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| prison pursuant to
this Section unless the Department has |
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| entered into a written agreement with
the county jail or State |
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| prison requiring that the county jail or State prison adopt |
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| written policies and
procedures designed to ensure that the |
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| records and communications are disclosed
only to those persons |
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| employed by or under contract to the county jail or State |
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| 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.
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| (Source: P.A. 91-536, eff. 1-1-00.)
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| Section 99. Effective date. This Act takes effect upon |