Illinois General Assembly - Full Text of Public Act 102-0372
Illinois General Assembly

Previous General Assemblies

Public Act 102-0372


 

Public Act 0372 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0372
 
SB1970 EnrolledLRB102 17209 LNS 22667 b

    AN ACT concerning mental health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by adding Section
5.5 as follows:
 
    (740 ILCS 110/5.5 new)
    Sec. 5.5. Limited access to basic inpatient mental health
information.
    (a) For a recipient who is an inpatient of a mental health
facility, an individual is eligible, upon request, to obtain
the protected mental health information of the recipient that
is directly relevant to that individual's involvement with the
recipient's mental health care, or payment related to the
recipient's mental health care, subject to the conditions set
forth in subsection (b), if the individual:
        (1) provides proof of identity to the mental health
    facility; and
        (2) provides a statement in writing that:
            (A) declares that there is no current or pending
        order of protection involving both the individual and
        the recipient;
            (B) if the individual is the recipient's spouse,
        declares that no action is pending between the
        individual and the recipient under the Illinois
        Marriage and Dissolution of Marriage Act or any
        substantially similar federal or other state
        dissolution of marriage statute; and
            (C) provides evidence sufficient to establish the
        individual's participation in the recipient's care or
        payment for the recipient's care; factors that may be
        considered to establish the individual's involvement
        in a recipient's care include, but are not limited to:
                (i) the individual resides at the same address
            as the recipient;
                (ii) the individual regularly assists the
            recipient in scheduling and attending appointments
            with mental health care providers, including
            mental health residential providers, and gives the
            name and contact information of those mental
            health care or residential providers, or
            alternatively provides documentation that the
            individual has paid for services to those mental
            health care or residential providers;
                (iii) the individual regularly assists the
            recipient in filling prescriptions for medication
            relating to the recipient's mental health
            condition and gives the name and contact
            information of the prescribing provider, or
            alternatively provides documentation that the
            individual has paid for prescriptions related to
            the recipient's mental health condition from the
            prescribing provider;
                (iv) the individual is an adult and is the
            recipient's parent, spouse, sibling, child, or
            grandchild;
                (v) the individual has been identified as an
            emergency contact for the recipient; and
                (vi) the individual provides documentation
            that the individual holds the health insurance
            policy under which the recipient is a beneficiary
            with respect to mental health care.
    (b) An individual who satisfies the requirements of
subsection (a) is eligible to receive information under this
Section if, at the time any disclosure is made, the
recipient's treating physician has determined, after thorough
clinical assessment by the treatment team, (i) that the
recipient lacks the capacity to make a reasoned decision about
the disclosure under Section 5, (ii) the treating physician is
able to determine in the exercise of the physician's
professional judgment that the recipient is not at risk of
abuse or neglect as a result of the disclosure, and (iii) that
the disclosure is in the recipient's best interest. When
making a decision regarding the recipient's best interest, the
physician shall give substantial consideration to any prior
instructions from a recipient identifying individuals with
whom the recipient's information may be shared. No disclosure
pursuant to this Section may be made at any time when a
recipient has the capacity to make a decision about the
disclosure.
    (c) Whenever the disclosure of any information is made
without consent pursuant to this Section, (i) the recipient
shall be provided with written notification of the disclosure
and afforded the opportunity to designate an agent under the
Powers of Attorney for Health Care Law or an attorney-in-fact
under the Mental Health Treatment Preference Declaration Act,
and (ii) a notation of the information disclosed and the
purpose of the disclosure or use shall be noted in the
recipient's record together with the date and name of the
person to whom the disclosure was made.
    (d) This Section allows for the exchange of information
only when the requirements of this Section are met and the
recipient lacks the capacity for informed consent. Once the
recipient regains the capacity for informed consent, this
Section no longer applies and any allowance for the exchange
of information authorized under this Section between
individuals and medical personnel is terminated.
    (e) An individual who receives information pursuant to
this Section is eligible to access the following information
only to the extent that such information is directly relevant
to the individual's involvement with the recipient's care or
payment related to the recipient's health care or needed for
notification purposes. Such information is limited to the
following:
        (1) whether the recipient is located at the inpatient
    mental health facility; and
        (2) plans for the discharge of the recipient to the
    extent the treating physician is able to determine that
    there is no risk to the recipient of abuse, harassment, or
    harm in providing the information, which may include the
    anticipated date and time of the discharge, if known, the
    address where the recipient will live, and the plans, if
    any, for the provision of treatment in the community
    following discharge for the mental health condition or
    conditions for which the recipient was receiving treatment
    at the inpatient mental health facility, including, but
    not limited to, psychotropic medication related to the
    recipient's mental health condition and the identity of
    any person or agency expected to provide treatment to the
    recipient.
    (f) An individual who has received information under this
Section shall not redisclose the information except as
necessary to provide for the recipient's care or payment for
the recipient's care. The information shall be excluded from
evidence in a proceeding and may not be used in any other way,
unless it is being used to assert or prove that a recipient is
a person with a disability in need of a limited or plenary
guardian under Article XIa of the Probate Act of 1975.
    (g) If access or modification of the information is
requested, the request, the grounds for its acceptance or
denial, and any action taken thereon, including what
information was disclosed, shall be noted in the recipient's
record.
    (h) No information shall be disclosed under this Section
if the recipient has either designated an agent under the
Powers of Attorney for Health Care Law or an attorney-in-fact
under the Mental Health Treatment Preference Declaration Act
who is currently authorized to receive the information set
forth in subsection (e).
    (i) Any person who knowingly and willfully violates any
provision of this Section is guilty of a Class A misdemeanor.
    (j) Nothing in this Section shall be interpreted to allow
a disclosure that is otherwise prohibited under any other
State law or any federal law concerning informed consent.

Effective Date: 1/1/2022