Illinois General Assembly

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 Bill Status of HB1017  98th General Assembly


Short Description:  MENTAL HEALTH CONFIDENTIALITY

House Sponsors
Rep. Sara Feigenholtz - Al Riley, David R. Leitch, Elaine Nekritz, Elgie R. Sims, Jr. and Camille Y. Lilly

Senate Sponsors
(Sen. Heather A. Steans - Don Harmon - Jacqueline Y. Collins, Dave Syverson and Mattie Hunter)

Last Action
DateChamber Action
  8/16/2013HousePublic Act . . . . . . . . . 98-0378

Statutes Amended In Order of Appearance
740 ILCS 110/2from Ch. 91 1/2, par. 802
740 ILCS 110/6from Ch. 91 1/2, par. 806
740 ILCS 110/7from Ch. 91 1/2, par. 807
740 ILCS 110/9from Ch. 91 1/2, par. 809
740 ILCS 110/9.2
740 ILCS 110/9.4
740 ILCS 110/9.5 new
740 ILCS 110/9.6 new
740 ILCS 110/9.7 new
740 ILCS 110/9.8 new
740 ILCS 110/9.9 new
740 ILCS 110/9.10 new
740 ILCS 110/9.11 new
740 ILCS 110/11from Ch. 91 1/2, par. 811


Synopsis As Introduced
Amends the Mental Health and Developmental Disabilities Confidentiality Act. Defines "business associate", "covered entity", "facility", "health information exchange" ("HIE"), "HIE purposes", "HIPAA", "integrated health system", and "interdisciplinary team" and changes the definition of "confidential communication" and "record". Provides that an HIE, person, therapist, facility, agency, interdisciplinary team, integrated health system, business associate, or covered entity may, without a recipient's consent, use, disclose, or redisclose information from a recipient's record to certain entities for specified purposes. Provides that a recipient may opt-out of having his or her record disclosed. Makes corresponding changes throughout the rest of the Act.

House Committee Amendment No. 1
Adds reference to:
740 ILCS 110/13from Ch. 91 1/2, par. 813

In provisions which limit the purposes for which certain information may be disclosed, adds the purposes of coordinating care and governmentally mandated public health reporting. Provides that the rules, standards, or contractual obligations of the Illinois Health Information Exchange Authority shall permit a recipient to revoke a prior decision to opt-out or a decision not to opt-out. Provides that the Authority shall give consideration to the format and content of certain required disclosures and the availability to recipients of information regarding an HIE and the rights of recipients to expressly decline the further disclosure of the record by an HIE to third parties. Provides that the Authority shall also give annual consideration to enable a recipient to expressly decline the further disclosure by an HIE to third parties of selected portions of the recipient's record while permitting disclosure of the recipient's remaining patient health information. Provides that the Authority in its discretion may consider the extent to which relevant health information technologies reasonably available to therapists and HIEs in this State reasonably enable the effective segmentation of specific information within a recipient's electronic medical record and reasonably enable the effective exclusion of specific information from disclosure by an HIE to third parties, as well as the availability of sufficient authoritative clinical guidance to enable the practical application of such technologies to effect recipient disclosure preferences. Makes additional corresponding changes and adds an immediate effective date.

House Floor Amendment No. 2
Provides that the rules, standards, or contractual obligations of the Illinois Health Information Exchange Authority shall provide for written notice of a recipient's right to opt-out which directs the recipient to a health information exchange website containing (i) an explanation of the purposes of the health information exchange; and (ii) audio, visual, and written instructions on how to opt out of participation in whole or in part to the extent possible. Provides that the rules, standards, or contractual obligations shall be reviewed annually and updated as the technical options develop.

Senate Committee Amendment No. 1
Modifies the definition of Health information exchange to include an exchange that has established certain data sharing arrangements. Excludes from the scope of the Act certain point-to-point communications. Includes healthcare providers receiving payment from certain State agencies within the range of entities that may make certain disclosures. Makes other changes.

Actions 
DateChamber Action
  1/30/2013HouseFiled with the Clerk by Rep. Sara Feigenholtz
  1/30/2013HouseFirst Reading
  1/30/2013HouseReferred to Rules Committee
  2/13/2013HouseAssigned to Judiciary
  2/21/2013HouseAdded Chief Co-Sponsor Rep. Al Riley
  2/25/2013HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Sara Feigenholtz
  2/25/2013HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/26/2013HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary
  2/27/2013HouseHouse Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote
  2/27/2013HouseDo Pass as Amended / Short Debate Judiciary; 015-000-000
  2/27/2013HousePlaced on Calendar 2nd Reading - Short Debate
  3/5/2013HouseAdded Co-Sponsor Rep. David R. Leitch
  3/6/2013HouseAdded Co-Sponsor Rep. Elaine Nekritz
  3/6/2013HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Sara Feigenholtz
  3/6/2013HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/7/2013HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  3/7/2013HouseHouse Floor Amendment No. 2 Adopted
  3/7/2013HouseSecond Reading - Short Debate
  3/7/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/7/2013HouseAdded Co-Sponsor Rep. Elgie R. Sims, Jr.
  3/8/2013HouseThird Reading - Short Debate - Passed 115-000-000
  3/8/2013HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  3/8/2013SenateArrive in Senate
  3/8/2013SenatePlaced on Calendar Order of First Reading
  3/8/2013SenateChief Senate Sponsor Sen. Heather A. Steans
  3/8/2013SenateFirst Reading
  3/8/2013SenateReferred to Assignments
  4/3/2013SenateAssigned to Human Services
  4/17/2013SenatePostponed - Human Services
  4/29/2013SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Heather A. Steans
  4/29/2013SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/1/2013SenatePostponed - Human Services
  5/3/2013SenateSenate Committee Amendment No. 1 Pursuant to Senate Rule 3-8(c-1) - Referred to Human Services
  5/7/2013SenateSenate Committee Amendment No. 1 Adopted
  5/8/2013SenateDo Pass as Amended Human Services; 006-002-000
  5/8/2013SenatePlaced on Calendar Order of 2nd Reading May 9, 2013
  5/14/2013SenateAdded as Alternate Co-Sponsor Sen. Dave Syverson
  5/14/2013SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  5/15/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Don Harmon
  5/15/2013SenateSecond Reading
  5/15/2013SenatePlaced on Calendar Order of 3rd Reading May 16, 2013
  5/23/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/23/2013SenateThird Reading - Passed; 057-000-000
  5/23/2013HouseArrived in House
  5/23/2013HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/23/2013HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Sara Feigenholtz
  5/23/2013HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/28/2013HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000
  5/28/2013HouseSenate Committee Amendment No. 1 House Concurs 117-000-000
  5/28/2013HouseHouse Concurs
  5/28/2013HousePassed Both Houses
  6/19/2013HouseSent to the Governor
  8/16/2013HouseGovernor Approved
  8/16/2013HouseEffective Date August 16, 2013
  8/16/2013HousePublic Act . . . . . . . . . 98-0378

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