Illinois General Assembly - Full Text of SB3288
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Full Text of SB3288  103rd General Assembly



SB3288 EngrossedLRB103 37694 JRC 67821 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 11 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
11    "Agent" means a person who has been legally appointed as
12an individual's agent under a power of attorney for health
13care or for 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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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
10    "HIE purposes" means those uses and disclosures (as those
11terms are defined under HIPAA, as specified in 45 CFR 160.103)
12for activities of an HIE which are permitted under federal
14    "HIPAA" means the Health Insurance Portability and
15Accountability Act of 1996, Public Law 104-191, and any
16subsequent amendments thereto and any regulations promulgated
17thereunder, including the Security Rule, as specified in 45
18CFR 164.302-18, and the Privacy Rule, as specified in 45 CFR
20    "Integrated health system" means an organization with a
21system of care which incorporates physical and behavioral
22healthcare and includes care delivered in an inpatient and
23outpatient setting.
24    "Interdisciplinary team" means a group of persons
25representing different clinical disciplines, such as medicine,
26nursing, social work, and psychology, providing and



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1coordinating the care and treatment for a recipient of mental
2health or developmental disability services. The group may be
3composed of individuals employed by one provider or multiple
5    "Mental health or developmental disabilities services" or
6"services" includes but is not limited to examination,
7diagnosis, evaluation, treatment, training, pharmaceuticals,
8aftercare, habilitation or rehabilitation.
9    "Personal notes" means:
10        (i) information disclosed to the therapist in
11    confidence by other persons on condition that such
12    information would never be disclosed to the recipient or
13    other persons;
14        (ii) information disclosed to the therapist by the
15    recipient which would be injurious to the recipient's
16    relationships to other persons, and
17        (iii) the therapist's speculations, impressions,
18    hunches, and reminders.
19    "Parent" means a parent or, in the absence of a parent or
20guardian, a person in loco parentis.
21    "Recipient" means a person who is receiving or has
22received mental health or developmental disabilities services.
23    "Record" means any record kept by a therapist or by an
24agency in the course of providing mental health or
25developmental disabilities service to a recipient concerning
26the recipient and the services provided. "Records" includes



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1all records maintained by a court that have been created in
2connection with, in preparation for, or as a result of the
3filing of any petition or certificate under Chapter II,
4Chapter III, or Chapter IV of the Mental Health and
5Developmental Disabilities Code and includes the petitions,
6certificates, dispositional reports, treatment plans, and
7reports of diagnostic evaluations and of hearings under
8Article VIII of Chapter III or under Article V of Chapter IV of
9that Code. Record does not include the therapist's personal
10notes, if such notes are kept in the therapist's sole
11possession for his own personal use and are not disclosed to
12any other person, except the therapist's supervisor,
13consulting therapist or attorney. If at any time such notes
14are disclosed, they shall be considered part of the
15recipient's record for purposes of this Act. "Record" does not
16include information that has been de-identified in accordance
17with HIPAA, as specified in 45 CFR 164.514. "Record" does not
18include a reference to the receipt of mental health or
19developmental disabilities services noted during a patient
20history and physical or other summary of care.
21    "Record custodian" means a person responsible for
22maintaining a recipient's record.
23    "Research" has the meaning ascribed to it under HIPAA as
24specified in 45 CFR 164.501.
25    "Therapist" means a psychiatrist, physician, psychologist,
26social worker, or nurse providing mental health or



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1developmental disabilities services or any other person not
2prohibited by law from providing such services or from holding
3himself out as a therapist if the recipient reasonably
4believes that such person is permitted to do so. Therapist
5includes any successor of the therapist.
6    "Therapeutic relationship" means the receipt by a
7recipient of mental health or developmental disabilities
8services from a therapist. "Therapeutic relationship" does not
9include independent evaluations for a purpose other than the
10provision of mental health or developmental disabilities
12(Source: P.A. 103-508, eff. 8-4-23.)
13    (740 ILCS 110/11)  (from Ch. 91 1/2, par. 811)
14    Sec. 11. Disclosure of records and communications. Records
15and communications may be disclosed:
16        (i) in accordance with the provisions of the Abused
17    and Neglected Child Reporting Act, subsection (u) of
18    Section 5 of the Children and Family Services Act, or
19    Section 7.4 of the Child Care Act of 1969;
20        (ii) when, and to the extent, a therapist, in his or
21    her sole discretion, determines that disclosure is
22    necessary to initiate or continue civil commitment or
23    involuntary treatment proceedings under the laws of this
24    State or to otherwise protect the recipient or other
25    person against a clear, imminent risk of serious physical



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1    or mental injury or disease or death being inflicted upon
2    the recipient or by the recipient on himself or another;
3        (iii) when, and to the extent disclosure is, in the
4    sole discretion of the therapist, necessary to the
5    provision of emergency medical care to a recipient who is
6    unable to assert or waive his or her rights hereunder;
7        (iv) when disclosure is necessary to collect sums or
8    receive third party payment representing charges for
9    mental health or developmental disabilities services
10    provided by a therapist or agency to a recipient under
11    Chapter V of the Mental Health and Developmental
12    Disabilities Code or to transfer debts under the
13    Uncollected State Claims Act; however, disclosure shall be
14    limited to information needed to pursue collection, and
15    the information so disclosed shall not be used for any
16    other purposes nor shall it be redisclosed except in
17    connection with collection activities;
18        (v) when requested by a family member, the Department
19    of Human Services may assist in the location of the
20    interment site of a deceased recipient who is interred in
21    a cemetery established under Section 26 of the Mental
22    Health and Developmental Disabilities Administrative Act;
23        (vi) in judicial proceedings under Article VIII of
24    Chapter III and Article V of Chapter IV of the Mental
25    Health and Developmental Disabilities Code and proceedings
26    and investigations preliminary thereto, to the State's



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1    Attorney for the county or residence of a person who is the
2    subject of such proceedings, or in which the person is
3    found, or in which the facility is located, to the
4    attorney representing the petitioner in the judicial
5    proceedings, to the attorney representing the recipient in
6    the judicial proceedings, to any person or agency
7    providing mental health services that are the subject of
8    the proceedings and to that person's or agency's attorney,
9    to any court personnel, including but not limited to
10    judges and circuit court clerks, and to a guardian ad
11    litem if one has been appointed by the court. Information
12    disclosed under this subsection shall not be utilized for
13    any other purpose nor be redisclosed except in connection
14    with the proceedings or investigations. Copies of any
15    records provided to counsel for a petitioner shall be
16    deleted or destroyed at the end of the proceedings and
17    counsel for petitioner shall certify to the court in
18    writing that he or she has done so. At the request of a
19    recipient or his or her counsel, the court shall issue a
20    protective order insuring the confidentiality of any
21    records or communications provided to counsel for a
22    petitioner;
23        (vii) when, and to the extent disclosure is necessary
24    to comply with the requirements of the Census Bureau in
25    taking the federal Decennial Census;
26        (viii) when, and to the extent, in the therapist's



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1    sole discretion, disclosure is necessary to warn or
2    protect a specific individual against whom a recipient has
3    made a specific threat of violence where there exists a
4    therapist-recipient relationship or a special
5    recipient-individual relationship;
6        (ix) in accordance with the Sex Offender Registration
7    Act;
8        (x) in accordance with the Rights of Crime Victims and
9    Witnesses Act;
10        (xi) in accordance with Section 6 of the Abused and
11    Neglected Long Term Care Facility Residents Reporting Act;
12        (xii) in accordance with Section 55 of the Abuse of
13    Adults with Disabilities Intervention Act;
14        (xiii) to an HIE as specifically allowed under this
15    Act for HIE purposes and in accordance with any applicable
16    requirements of the HIE; and
17        (xiv) to a law enforcement agency in connection with
18    the investigation or recovery of a person who has left a
19    mental health or developmental disability facility as
20    defined in Section 1-107 or 1-114 of the Mental Health and
21    Developmental Disabilities Code or the custody of the
22    Department of Human Services without being duly discharged
23    or being free to do so; however, disclosure shall be
24    limited to identifying information as defined in Section
25    12.2 of this Act; and .
26        (xv) for research in accordance with the requirements



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1    set forth under HIPAA. Without limiting the generality of
2    the foregoing, any authorization obtained in connection
3    with research that meets the requirements of 45 CFR
4    164.508(c) shall be exempt from the consent requirements
5    of Section 5 of this Act.
6    Any person, institution, or agency, under this Act,
7participating in good faith in the making of a report under the
8Abused and Neglected Child Reporting Act or in the disclosure
9of records and communications under this Section, shall have
10immunity from any liability, civil, criminal or otherwise,
11that might result by reason of such action. For the purpose of
12any proceeding, civil or criminal, arising out of a report or
13disclosure under this Section, the good faith of any person,
14institution, or agency so reporting or disclosing shall be
16(Source: P.A. 98-378, eff. 8-16-13; 99-216, eff. 7-31-15.)