Full Text of SB0818 99th General Assembly
SB0818sam001 99TH GENERAL ASSEMBLY | 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 | 3 | | replacing 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 | 7 | | requires otherwise,
have the meanings ascribed to them in this | 8 | | Section.
| 9 | | "Agent" means a person who has been legally appointed as an | 10 | | individual's
agent under a power of attorney for health care or | 11 | | for property.
| 12 | | "Business associate" has the meaning ascribed to it under | 13 | | HIPAA, as specified in 45 CFR 160.103. | 14 | | "Confidential communication" or "communication" means any | 15 | | communication
made by a recipient or other person to a | 16 | | therapist or to or in the presence of
other persons during or |
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| 1 | | in connection with providing mental health or
developmental | 2 | | disability services to a recipient. Communication includes
| 3 | | information which indicates that a person is a recipient. | 4 | | "Communication" does not include information that has been | 5 | | de-identified in accordance with HIPAA, as specified in 45 CFR | 6 | | 164.514.
| 7 | | "Covered entity" has the meaning ascribed to it under | 8 | | HIPAA, as specified in 45 CFR 160.103. | 9 | | "Guardian" means a legally appointed guardian or | 10 | | conservator of the
person.
| 11 | | "Health information exchange" or "HIE" means a health | 12 | | information exchange or health information organization that | 13 | | oversees and governs the electronic exchange of health | 14 | | information that (i) is established pursuant to the Illinois | 15 | | Health Information Exchange and Technology Act, or any | 16 | | subsequent amendments thereto, and any administrative rules | 17 | | promulgated thereunder; or
(ii) has established a data sharing | 18 | | arrangement with the Illinois Health Information Exchange; or
| 19 | | (iii) as of the effective date of this amendatory Act of the | 20 | | 98th General Assembly, was designated by the Illinois Health | 21 | | Information Exchange Authority Board as a member of, or was | 22 | | represented on, the Authority Board's Regional Health | 23 | | Information Exchange Workgroup; provided that such designation | 24 | | shall not require the establishment of a data sharing | 25 | | arrangement or other participation with the Illinois Health | 26 | | Information Exchange or the payment of any fee. |
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| 1 | | "HIE purposes" means those uses and disclosures (as those | 2 | | terms are defined under HIPAA, as specified in 45 CFR 160.103) | 3 | | for activities of an HIE: (i) set forth in the Illinois Health | 4 | | Information Exchange and Technology Act or any subsequent | 5 | | amendments thereto and any administrative rules promulgated | 6 | | thereunder; or (ii) which are permitted under federal law. | 7 | | "HIPAA" means the Health Insurance Portability and | 8 | | Accountability Act of 1996, Public Law 104-191, and any | 9 | | subsequent amendments thereto and any regulations promulgated | 10 | | thereunder, including the Security Rule, as specified in 45 CFR | 11 | | 164.302-18, and the Privacy Rule, as specified in 45 CFR | 12 | | 164.500-34. | 13 | | "Integrated health system" means an organization with a | 14 | | system of care which incorporates physical and behavioral | 15 | | healthcare and includes care delivered in an inpatient and | 16 | | outpatient setting. | 17 | | "Interdisciplinary team" means a group of persons | 18 | | representing different clinical disciplines, such as medicine, | 19 | | nursing, social work, and psychology, providing and | 20 | | coordinating the care and treatment for a recipient of mental | 21 | | health or developmental disability services. The group may be | 22 | | composed of individuals employed by one provider or multiple | 23 | | providers. | 24 | | "Mental health or developmental disabilities services" or | 25 | | "services"
includes but is not limited to examination, | 26 | | diagnosis, evaluation, treatment,
training, pharmaceuticals, |
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| 1 | | aftercare, 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 | 13 | | guardian,
a person in loco parentis.
| 14 | | "Recipient" means a person who is receiving or has received | 15 | | mental
health or developmental disabilities services.
| 16 | | "Record" means any record kept by a therapist or by an | 17 | | agency in the
course of providing mental health or | 18 | | developmental disabilities service
to a recipient concerning | 19 | | the recipient and the services provided.
"Records" includes all | 20 | | records maintained by a court that have been created
in | 21 | | connection with,
in preparation for, or as a result of the | 22 | | filing of any petition or certificate
under Chapter II, Chapter | 23 | | III, or Chapter IV
of the Mental Health and Developmental | 24 | | Disabilities Code and includes the
petitions, certificates, | 25 | | dispositional reports, treatment plans, and reports of
| 26 | | diagnostic evaluations and of hearings under Article VIII of |
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| 1 | | Chapter III or under Article V of Chapter IV of that Code. | 2 | | Record
does not include the therapist's personal notes, if such | 3 | | notes are kept in
the therapist's sole possession for his own | 4 | | personal use and are not
disclosed to any other person, except | 5 | | the therapist's supervisor,
consulting therapist or attorney. | 6 | | If at any time such notes are disclosed,
they shall be | 7 | | considered part of the recipient's record for purposes of
this | 8 | | Act. "Record" does not include information that has been | 9 | | de-identified in accordance with HIPAA, as specified in 45 CFR | 10 | | 164.514. "Record" does not include a reference to the receipt | 11 | | of mental health or developmental disabilities services noted | 12 | | during a patient history and physical or other summary of care.
| 13 | | "Record custodian" means a person responsible for | 14 | | maintaining a
recipient's record.
| 15 | | "Therapist" means a psychiatrist, physician, psychologist, | 16 | | social
worker, or nurse providing mental health or | 17 | | developmental disabilities services
or any other person not | 18 | | prohibited by law from providing such services or
from holding | 19 | | himself out as a therapist if the recipient reasonably believes
| 20 | | that such person is permitted to do so. Therapist includes any | 21 | | successor
of the therapist. | 22 | | "Therapeutic relationship" means the receipt by a | 23 | | recipient of mental health or developmental disabilities | 24 | | services from a therapist. "Therapeutic relationship" does not | 25 | | include independent evaluations for a purpose other than the | 26 | | provision of mental health or developmental disabilities |
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| 1 | | services.
| 2 | | (Source: P.A. 98-378, eff. 8-16-13.)".
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