Full Text of SB3288 103rd General Assembly
SB3288enr 103RD GENERAL ASSEMBLY | | | SB3288 Enrolled | | LRB103 37694 JRC 67821 b |
|
| 1 | | AN ACT concerning civil law. | 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 | | Sections 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 | 9 | | requires otherwise, have the meanings ascribed to them in this | 10 | | Section. | 11 | | "Agent" means a person who has been legally appointed as | 12 | | an individual's agent under a power of attorney for health | 13 | | care or for property. | 14 | | "Business associate" has the meaning ascribed to it under | 15 | | HIPAA, as specified in 45 CFR 160.103. | 16 | | "Confidential communication" or "communication" means any | 17 | | communication made by a recipient or other person to a | 18 | | therapist or to or in the presence of other persons during or | 19 | | in connection with providing mental health or developmental | 20 | | disability services to a recipient. Communication includes | 21 | | information which indicates that a person is a recipient. | 22 | | "Communication" does not include information that has been | 23 | | de-identified in accordance with HIPAA, as specified in 45 CFR |
| | | SB3288 Enrolled | - 2 - | LRB103 37694 JRC 67821 b |
|
| 1 | | 164.514. | 2 | | "Covered entity" has the meaning ascribed to it under | 3 | | HIPAA, as specified in 45 CFR 160.103. | 4 | | "Guardian" means a legally appointed guardian or | 5 | | conservator of the person. | 6 | | "Health information exchange" or "HIE" means a health | 7 | | information exchange or health information organization that | 8 | | oversees and governs the electronic exchange of health | 9 | | information. | 10 | | "HIE purposes" means those uses and disclosures (as those | 11 | | terms are defined under HIPAA, as specified in 45 CFR 160.103) | 12 | | for activities of an HIE which are permitted under federal | 13 | | law. | 14 | | "HIPAA" means the Health Insurance Portability and | 15 | | Accountability Act of 1996, Public Law 104-191, and any | 16 | | subsequent amendments thereto and any regulations promulgated | 17 | | thereunder, including the Security Rule, as specified in 45 | 18 | | CFR 164.302-18, and the Privacy Rule, as specified in 45 CFR | 19 | | 164.500-34. | 20 | | "Integrated health system" means an organization with a | 21 | | system of care which incorporates physical and behavioral | 22 | | healthcare and includes care delivered in an inpatient and | 23 | | outpatient setting. | 24 | | "Interdisciplinary team" means a group of persons | 25 | | representing different clinical disciplines, such as medicine, | 26 | | nursing, social work, and psychology, providing and |
| | | SB3288 Enrolled | - 3 - | LRB103 37694 JRC 67821 b |
|
| 1 | | coordinating the care and treatment for a recipient of mental | 2 | | health or developmental disability services. The group may be | 3 | | composed of individuals employed by one provider or multiple | 4 | | providers. | 5 | | "Mental health or developmental disabilities services" or | 6 | | "services" includes but is not limited to examination, | 7 | | diagnosis, evaluation, treatment, training, pharmaceuticals, | 8 | | aftercare, 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 | 20 | | guardian, a person in loco parentis. | 21 | | "Recipient" means a person who is receiving or has | 22 | | received mental health or developmental disabilities services. | 23 | | "Record" means any record kept by a therapist or by an | 24 | | agency in the course of providing mental health or | 25 | | developmental disabilities service to a recipient concerning | 26 | | the recipient and the services provided. "Records" includes |
| | | SB3288 Enrolled | - 4 - | LRB103 37694 JRC 67821 b |
|
| 1 | | all records maintained by a court that have been created in | 2 | | connection with, in preparation for, or as a result of the | 3 | | filing of any petition or certificate under Chapter II, | 4 | | Chapter III, or Chapter IV of the Mental Health and | 5 | | Developmental Disabilities Code and includes the petitions, | 6 | | certificates, dispositional reports, treatment plans, and | 7 | | reports of diagnostic evaluations and of hearings under | 8 | | Article VIII of Chapter III or under Article V of Chapter IV of | 9 | | that Code. Record does not include the therapist's personal | 10 | | notes, if such notes are kept in the therapist's sole | 11 | | possession for his own personal use and are not disclosed to | 12 | | any other person, except the therapist's supervisor, | 13 | | consulting therapist or attorney. If at any time such notes | 14 | | are disclosed, they shall be considered part of the | 15 | | recipient's record for purposes of this Act. "Record" does not | 16 | | include information that has been de-identified in accordance | 17 | | with HIPAA, as specified in 45 CFR 164.514. "Record" does not | 18 | | include a reference to the receipt of mental health or | 19 | | developmental disabilities services noted during a patient | 20 | | history and physical or other summary of care. | 21 | | "Record custodian" means a person responsible for | 22 | | maintaining a recipient's record. | 23 | | "Research" has the meaning ascribed to it under HIPAA as | 24 | | specified in 45 CFR 164.501. | 25 | | "Therapist" means a psychiatrist, physician, psychologist, | 26 | | social worker, or nurse providing mental health or |
| | | SB3288 Enrolled | - 5 - | LRB103 37694 JRC 67821 b |
|
| 1 | | developmental disabilities services or any other person not | 2 | | prohibited by law from providing such services or from holding | 3 | | himself out as a therapist if the recipient reasonably | 4 | | believes that such person is permitted to do so. Therapist | 5 | | includes any successor of the therapist. | 6 | | "Therapeutic relationship" means the receipt by a | 7 | | recipient of mental health or developmental disabilities | 8 | | services from a therapist. "Therapeutic relationship" does not | 9 | | include independent evaluations for a purpose other than the | 10 | | provision of mental health or developmental disabilities | 11 | | services. | 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 | 15 | | and 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 |
| | | SB3288 Enrolled | - 6 - | LRB103 37694 JRC 67821 b |
|
| 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 |
| | | SB3288 Enrolled | - 7 - | LRB103 37694 JRC 67821 b |
|
| 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 |
| | | SB3288 Enrolled | - 8 - | LRB103 37694 JRC 67821 b |
|
| 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 |
| | | SB3288 Enrolled | - 9 - | LRB103 37694 JRC 67821 b |
|
| 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, | 7 | | participating in good faith in the making of a report under the | 8 | | Abused and Neglected Child Reporting Act or in the disclosure | 9 | | of records and communications under this Section, shall have | 10 | | immunity from any liability, civil, criminal or otherwise, | 11 | | that might result by reason of such action. For the purpose of | 12 | | any proceeding, civil or criminal, arising out of a report or | 13 | | disclosure under this Section, the good faith of any person, | 14 | | institution, or agency so reporting or disclosing shall be | 15 | | presumed. | 16 | | (Source: P.A. 98-378, eff. 8-16-13; 99-216, eff. 7-31-15.) |
|