HB0808 Enrolled LRB094 03614 LCB 33619 b

1     AN ACT concerning civil liability.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Mental Health and Developmental
5 Disabilities Confidentiality Act is amended by changing
6 Section 9.2 as follows:
 
7     (740 ILCS 110/9.2)
8     Sec. 9.2. Interagency disclosure of recipient information.
9 For the purposes of continuity of care, the Department of Human
10 Services (as successor to the Department of Mental Health and
11 Developmental Disabilities), community agencies funded by the
12 Department of Human Services in that capacity, prisons operated
13 by the Department of Corrections, mental health facilities
14 operated by a county, and jails operated by any county of this
15 State may disclose a recipient's record or communications,
16 without consent, to each other, but only for the purpose of
17 admission, treatment, planning, or discharge. Entities shall
18 not redisclose any personally identifiable information, unless
19 necessary for admission, treatment, planning, or discharge of
20 the identified recipient to another setting. No records or
21 communications may be disclosed to a county jail or State
22 prison pursuant to this Section unless the Department has
23 entered into a written agreement with the county jail or State
24 prison requiring that the county jail or State prison adopt
25 written policies and procedures designed to ensure that the
26 records and communications are disclosed only to those persons
27 employed by or under contract to the county jail or State
28 prison who are involved in the provision of mental health
29 services to inmates and that the records and communications are
30 protected from further disclosure.
31 (Source: P.A. 91-536, eff. 1-1-00.)
 
32     Section 99. Effective date. This Act takes effect upon

 

 

HB0808 Enrolled - 2 - LRB094 03614 LCB 33619 b

1 becoming law.