SB0818 EnrolledLRB099 03861 HEP 23875 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Confidentiality Act is amended by changing
6Sections 2 and 3 as follows:
 
7    (740 ILCS 110/2)  (from Ch. 91 1/2, par. 802)
8    Sec. 2. The terms used in this Act, unless the context
9requires otherwise, have the meanings ascribed to them in this
10Section.
11    "Agent" means a person who has been legally appointed as an
12individual's agent under a power of attorney for health care or
13for property.
14    "Business associate" has the meaning ascribed to it under
15HIPAA, as specified in 45 CFR 160.103.
16    "Confidential communication" or "communication" means any
17communication made by a recipient or other person to a
18therapist or to or in the presence of other persons during or
19in connection with providing mental health or developmental
20disability services to a recipient. Communication includes
21information which indicates that a person is a recipient.
22"Communication" does not include information that has been
23de-identified in accordance with HIPAA, as specified in 45 CFR

 

 

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1164.514.
2    "Covered entity" has the meaning ascribed to it under
3HIPAA, as specified in 45 CFR 160.103.
4    "Guardian" means a legally appointed guardian or
5conservator of the person.
6    "Health information exchange" or "HIE" means a health
7information exchange or health information organization that
8oversees and governs the electronic exchange of health
9information that (i) is established pursuant to the Illinois
10Health Information Exchange and Technology Act, or any
11subsequent amendments thereto, and any administrative rules
12promulgated thereunder; or (ii) has established a data sharing
13arrangement with the Illinois Health Information Exchange; or
14(iii) as of the effective date of this amendatory Act of the
1598th General Assembly, was designated by the Illinois Health
16Information Exchange Authority Board as a member of, or was
17represented on, the Authority Board's Regional Health
18Information Exchange Workgroup; provided that such designation
19shall not require the establishment of a data sharing
20arrangement or other participation with the Illinois Health
21Information Exchange or the payment of any fee.
22    "HIE purposes" means those uses and disclosures (as those
23terms are defined under HIPAA, as specified in 45 CFR 160.103)
24for activities of an HIE: (i) set forth in the Illinois Health
25Information Exchange and Technology Act or any subsequent
26amendments thereto and any administrative rules promulgated

 

 

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1thereunder; or (ii) which are permitted under federal law.
2    "HIPAA" means the Health Insurance Portability and
3Accountability Act of 1996, Public Law 104-191, and any
4subsequent amendments thereto and any regulations promulgated
5thereunder, including the Security Rule, as specified in 45 CFR
6164.302-18, and the Privacy Rule, as specified in 45 CFR
7164.500-34.
8    "Integrated health system" means an organization with a
9system of care which incorporates physical and behavioral
10healthcare and includes care delivered in an inpatient and
11outpatient setting.
12    "Interdisciplinary team" means a group of persons
13representing different clinical disciplines, such as medicine,
14nursing, social work, and psychology, providing and
15coordinating the care and treatment for a recipient of mental
16health or developmental disability services. The group may be
17composed of individuals employed by one provider or multiple
18providers.
19    "Mental health or developmental disabilities services" or
20"services" includes but is not limited to examination,
21diagnosis, evaluation, treatment, training, pharmaceuticals,
22aftercare, habilitation or rehabilitation.
23    "Personal notes" means:
24        (i) information disclosed to the therapist in
25    confidence by other persons on condition that such
26    information would never be disclosed to the recipient or

 

 

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1    other persons;
2        (ii) information disclosed to the therapist by the
3    recipient which would be injurious to the recipient's
4    relationships to other persons, and
5        (iii) the therapist's speculations, impressions,
6    hunches, and reminders.
7    "Parent" means a parent or, in the absence of a parent or
8guardian, a person in loco parentis.
9    "Recipient" means a person who is receiving or has received
10mental health or developmental disabilities services.
11    "Record" means any record kept by a therapist or by an
12agency in the course of providing mental health or
13developmental disabilities service to a recipient concerning
14the recipient and the services provided. "Records" includes all
15records maintained by a court that have been created in
16connection with, in preparation for, or as a result of the
17filing of any petition or certificate under Chapter II, Chapter
18III, or Chapter IV of the Mental Health and Developmental
19Disabilities Code and includes the petitions, certificates,
20dispositional reports, treatment plans, and reports of
21diagnostic evaluations and of hearings under Article VIII of
22Chapter III or under Article V of Chapter IV of that Code.
23Record does not include the therapist's personal notes, if such
24notes are kept in the therapist's sole possession for his own
25personal use and are not disclosed to any other person, except
26the therapist's supervisor, consulting therapist or attorney.

 

 

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1If at any time such notes are disclosed, they shall be
2considered part of the recipient's record for purposes of this
3Act. "Record" does not include information that has been
4de-identified in accordance with HIPAA, as specified in 45 CFR
5164.514. "Record" does not include a reference to the receipt
6of mental health or developmental disabilities services noted
7during a patient history and physical or other summary of care.
8    "Record custodian" means a person responsible for
9maintaining a recipient's record.
10    "Therapist" means a psychiatrist, physician, psychologist,
11social worker, or nurse providing mental health or
12developmental disabilities services or any other person not
13prohibited by law from providing such services or from holding
14himself out as a therapist if the recipient reasonably believes
15that such person is permitted to do so. Therapist includes any
16successor of the therapist.
17    "Therapeutic relationship" means the receipt by a
18recipient of mental health or developmental disabilities
19services from a therapist. "Therapeutic relationship" does not
20include independent evaluations for a purpose other than the
21provision of mental health or developmental disabilities
22services.
23(Source: P.A. 98-378, eff. 8-16-13.)
 
24    (740 ILCS 110/3)  (from Ch. 91 1/2, par. 803)
25    Sec. 3. (a) All records and communications shall be

 

 

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1confidential and shall not be disclosed except as provided in
2this Act. Unless otherwise expressly provided for in this Act,
3records and communications made or created in the course of
4providing mental health or developmental disabilities services
5shall be protected from disclosure regardless of whether the
6records and communications are made or created in the course of
7a therapeutic relationship.
8    (b) A therapist is not required to but may, to the extent
9he determines it necessary and appropriate, keep personal notes
10regarding a recipient. Such personal notes are the work product
11and personal property of the therapist and shall not be subject
12to discovery in any judicial, administrative or legislative
13proceeding or any proceeding preliminary thereto.
14    (c) Psychological test material whose disclosure would
15compromise the objectivity or fairness of the testing process
16may not be disclosed to anyone including the subject of the
17test and is not subject to disclosure in any administrative,
18judicial or legislative proceeding. However, any recipient who
19has been the subject of the psychological test shall have the
20right to have all records relating to that test disclosed to
21any psychologist designated by the recipient. Requests for such
22disclosure shall be in writing and shall comply with the
23requirements of subsection (b) of Section 5 of this Act.
24(Source: P.A. 86-1417.)