Sen. Chris Nybo

Filed: 3/10/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 818

2    AMENDMENT NO. ______. Amend Senate Bill 818 on page 1, by
3replacing line 6 with the following:
 
4"Sections 2 and 3 as follows:
 
5    (740 ILCS 110/2)  (from Ch. 91 1/2, par. 802)
6    Sec. 2. The terms used in this Act, unless the context
7requires otherwise, have the meanings ascribed to them in this
8Section.
9    "Agent" means a person who has been legally appointed as an
10individual's agent under a power of attorney for health care or
11for property.
12    "Business associate" has the meaning ascribed to it under
13HIPAA, as specified in 45 CFR 160.103.
14    "Confidential communication" or "communication" means any
15communication made by a recipient or other person to a
16therapist or to or in the presence of other persons during or

 

 

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1in connection with providing mental health or developmental
2disability services to a recipient. Communication includes
3information which indicates that a person is a recipient.
4"Communication" does not include information that has been
5de-identified in accordance with HIPAA, as specified in 45 CFR
6164.514.
7    "Covered entity" has the meaning ascribed to it under
8HIPAA, as specified in 45 CFR 160.103.
9    "Guardian" means a legally appointed guardian or
10conservator of the person.
11    "Health information exchange" or "HIE" means a health
12information exchange or health information organization that
13oversees and governs the electronic exchange of health
14information that (i) is established pursuant to the Illinois
15Health Information Exchange and Technology Act, or any
16subsequent amendments thereto, and any administrative rules
17promulgated thereunder; or (ii) has established a data sharing
18arrangement with the Illinois Health Information Exchange; or
19(iii) as of the effective date of this amendatory Act of the
2098th General Assembly, was designated by the Illinois Health
21Information Exchange Authority Board as a member of, or was
22represented on, the Authority Board's Regional Health
23Information Exchange Workgroup; provided that such designation
24shall not require the establishment of a data sharing
25arrangement or other participation with the Illinois Health
26Information Exchange or the payment of any fee.

 

 

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1    "HIE purposes" means those uses and disclosures (as those
2terms are defined under HIPAA, as specified in 45 CFR 160.103)
3for activities of an HIE: (i) set forth in the Illinois Health
4Information Exchange and Technology Act or any subsequent
5amendments thereto and any administrative rules promulgated
6thereunder; or (ii) which are permitted under federal law.
7    "HIPAA" means the Health Insurance Portability and
8Accountability Act of 1996, Public Law 104-191, and any
9subsequent amendments thereto and any regulations promulgated
10thereunder, including the Security Rule, as specified in 45 CFR
11164.302-18, and the Privacy Rule, as specified in 45 CFR
12164.500-34.
13    "Integrated health system" means an organization with a
14system of care which incorporates physical and behavioral
15healthcare and includes care delivered in an inpatient and
16outpatient setting.
17    "Interdisciplinary team" means a group of persons
18representing different clinical disciplines, such as medicine,
19nursing, social work, and psychology, providing and
20coordinating the care and treatment for a recipient of mental
21health or developmental disability services. The group may be
22composed of individuals employed by one provider or multiple
23providers.
24    "Mental health or developmental disabilities services" or
25"services" includes but is not limited to examination,
26diagnosis, evaluation, treatment, training, pharmaceuticals,

 

 

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1aftercare, habilitation or rehabilitation.
2    "Personal notes" means:
3        (i) information disclosed to the therapist in
4    confidence by other persons on condition that such
5    information would never be disclosed to the recipient or
6    other persons;
7        (ii) information disclosed to the therapist by the
8    recipient which would be injurious to the recipient's
9    relationships to other persons, and
10        (iii) the therapist's speculations, impressions,
11    hunches, and reminders.
12    "Parent" means a parent or, in the absence of a parent or
13guardian, a person in loco parentis.
14    "Recipient" means a person who is receiving or has received
15mental health or developmental disabilities services.
16    "Record" means any record kept by a therapist or by an
17agency in the course of providing mental health or
18developmental disabilities service to a recipient concerning
19the recipient and the services provided. "Records" includes all
20records maintained by a court that have been created in
21connection with, in preparation for, or as a result of the
22filing of any petition or certificate under Chapter II, Chapter
23III, or Chapter IV of the Mental Health and Developmental
24Disabilities Code and includes the petitions, certificates,
25dispositional reports, treatment plans, and reports of
26diagnostic evaluations and of hearings under Article VIII of

 

 

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1Chapter III or under Article V of Chapter IV of that Code.
2Record does not include the therapist's personal notes, if such
3notes are kept in the therapist's sole possession for his own
4personal use and are not disclosed to any other person, except
5the therapist's supervisor, consulting therapist or attorney.
6If at any time such notes are disclosed, they shall be
7considered part of the recipient's record for purposes of this
8Act. "Record" does not include information that has been
9de-identified in accordance with HIPAA, as specified in 45 CFR
10164.514. "Record" does not include a reference to the receipt
11of mental health or developmental disabilities services noted
12during a patient history and physical or other summary of care.
13    "Record custodian" means a person responsible for
14maintaining a recipient's record.
15    "Therapist" means a psychiatrist, physician, psychologist,
16social worker, or nurse providing mental health or
17developmental disabilities services or any other person not
18prohibited by law from providing such services or from holding
19himself out as a therapist if the recipient reasonably believes
20that such person is permitted to do so. Therapist includes any
21successor of the therapist.
22    "Therapeutic relationship" means the receipt by a
23recipient of mental health or developmental disabilities
24services from a therapist. "Therapeutic relationship" does not
25include independent evaluations for a purpose other than the
26provision of mental health or developmental disabilities

 

 

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1services.
2(Source: P.A. 98-378, eff. 8-16-13.)".