Full Text of HB1017 98th General Assembly
HB1017eng 98TH GENERAL ASSEMBLY |
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| 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, 6, 7, 9, 9.2, 9.4, 11, and 13 and by adding | 7 | | Sections 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, and 9.11 as follows:
| 8 | | (740 ILCS 110/2) (from Ch. 91 1/2, par. 802)
| 9 | | Sec. 2.
The terms used in this Act, unless the context | 10 | | requires otherwise,
have the meanings ascribed to them in this | 11 | | Section.
| 12 | | "Agent" means a person who has been legally appointed as an | 13 | | individual's
agent under a power of attorney for health care or | 14 | | for property.
| 15 | | "Business associate" has the meaning ascribed to it under | 16 | | HIPAA, as specified in 45 CFR 160.103. | 17 | | "Confidential communication" or "communication" means any | 18 | | communication
made by a recipient or other person to a | 19 | | therapist or to or in the presence of
other persons during or | 20 | | in connection with providing mental health or
developmental | 21 | | disability services to a recipient. Communication includes
| 22 | | information which indicates that a person is a recipient. | 23 | | "Communication" does not include information that has been |
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| 1 | | de-identified in accordance with HIPAA, as specified in 45 CFR | 2 | | 164.514.
| 3 | | "Covered entity" has the meaning ascribed to it under | 4 | | HIPAA, as specified in 45 CFR 160.103. | 5 | | "Guardian" means a legally appointed guardian or | 6 | | conservator of the
person.
| 7 | | "Health information exchange" or "HIE" means: (i) a health | 8 | | information exchange established pursuant to the Illinois | 9 | | Health Information Exchange and Technology Act, or any | 10 | | subsequent amendments thereto, and any administrative rules | 11 | | promulgated thereunder; or (ii) another health information | 12 | | exchange or health information organization certified or | 13 | | approved by the Illinois Health Information Exchange | 14 | | Authority. | 15 | | "HIE purposes" means those uses and disclosures (as those | 16 | | terms are defined under HIPAA, as specified in 45 CFR 160.103) | 17 | | for activities of an HIE: (i) set forth in the Illinois Health | 18 | | Information Exchange and Technology Act or any subsequent | 19 | | amendments thereto and any administrative rules promulgated | 20 | | thereunder; or (ii) which are permitted under federal law. | 21 | | "HIPAA" means the Health Insurance Portability and | 22 | | Accountability Act of 1996, Public Law 104-191, and any | 23 | | subsequent amendments thereto and any regulations promulgated | 24 | | thereunder, including the Security Rule, as specified in 45 CFR | 25 | | 164.302-18, and the Privacy Rule, as specified in 45 CFR | 26 | | 164.500-34. |
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| 1 | | "Integrated health system" means an organization with a | 2 | | system of care which incorporates physical and behavioral | 3 | | healthcare and includes care delivered in an inpatient and | 4 | | outpatient setting. | 5 | | "Interdisciplinary team" means a group of persons | 6 | | representing different clinical disciplines, such as medicine, | 7 | | nursing, social work, and psychology, providing and | 8 | | coordinating the care and treatment for a person with mental | 9 | | illness. The group may be composed of individuals employed by | 10 | | one provider or multiple providers. | 11 | | "Mental health or developmental disabilities services" or | 12 | | "services"
includes but is not limited to examination, | 13 | | diagnosis, evaluation, treatment,
training, pharmaceuticals, | 14 | | aftercare, habilitation or rehabilitation.
| 15 | | "Personal notes" means:
| 16 | | (i) information disclosed to the therapist in | 17 | | confidence by
other persons on condition that such | 18 | | information would never be disclosed
to the recipient or | 19 | | other persons;
| 20 | | (ii) information disclosed to the therapist by the | 21 | | recipient
which would be injurious to the recipient's | 22 | | relationships to other persons, and
| 23 | | (iii) the therapist's speculations, impressions, | 24 | | hunches, and reminders.
| 25 | | "Parent" means a parent or, in the absence of a parent or | 26 | | guardian,
a person in loco parentis.
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| 1 | | "Recipient" means a person who is receiving or has received | 2 | | mental
health or developmental disabilities services.
| 3 | | "Record" means any record kept by a therapist or by an | 4 | | agency in the
course of providing mental health or | 5 | | developmental disabilities service
to a recipient concerning | 6 | | the recipient and the services provided.
"Records" includes all | 7 | | records maintained by a court that have been created
in | 8 | | connection with,
in preparation for, or as a result of the | 9 | | filing of any petition or certificate
under Chapter II, Chapter | 10 | | III, or Chapter IV
of the Mental Health and Developmental | 11 | | Disabilities Code and includes the
petitions, certificates, | 12 | | dispositional reports, treatment plans, and reports of
| 13 | | diagnostic evaluations and of hearings under Article VIII of | 14 | | Chapter III or under Article V of Chapter IV of that Code. | 15 | | Record
does not include the therapist's personal notes, if such | 16 | | notes are kept in
the therapist's sole possession for his own | 17 | | personal use and are not
disclosed to any other person, except | 18 | | the therapist's supervisor,
consulting therapist or attorney. | 19 | | If at any time such notes are disclosed,
they shall be | 20 | | considered part of the recipient's record for purposes of
this | 21 | | Act. "Record" does not include information that has been | 22 | | de-identified in accordance with HIPAA, as specified in 45 CFR | 23 | | 164.514.
| 24 | | "Record custodian" means a person responsible for | 25 | | maintaining a
recipient's record.
| 26 | | "Therapist" means a psychiatrist, physician, psychologist, |
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| 1 | | social
worker, or nurse providing mental health or | 2 | | developmental disabilities services
or any other person not | 3 | | prohibited by law from providing such services or
from holding | 4 | | himself out as a therapist if the recipient reasonably believes
| 5 | | that such person is permitted to do so. Therapist includes any | 6 | | successor
of the therapist.
| 7 | | (Source: P.A. 89-58, eff. 1-1-96; 90-538, eff. 12-1-97.)
| 8 | | (740 ILCS 110/6) (from Ch. 91 1/2, par. 806)
| 9 | | Sec. 6.
Such information from a recipient's record as is | 10 | | necessary
to enable him to apply for or receive benefits may be | 11 | | disclosed with consent
obtained pursuant to Section 5 of this | 12 | | Act. Disclosure may be made without
consent when despite every | 13 | | reasonable effort it is not possible to obtain
consent because | 14 | | the person entitled to give consent is not capable of
| 15 | | consenting
or is not available to do so. The recipient shall be | 16 | | informed of any
disclosure
made without consent. The | 17 | | information disclosed without consent under this
Section may | 18 | | include only the identity of the recipient and therapist and
a | 19 | | description of the nature, purpose, quantity, and date of the | 20 | | services
provided. Any request for additional information | 21 | | shall state with
particularity
what further information is | 22 | | needed and the reasons therefor. Refusal to
consent to the | 23 | | disclosure of more information than is necessary to apply for | 24 | | or receive
direct benefits shall not be grounds for in any way | 25 | | denying, limiting, or
cancelling such benefits or refusing to |
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| 1 | | accept an application or renew such
benefits. Such information | 2 | | shall not be redisclosed except as provided in this Act with | 3 | | the consent
of the person entitled to give consent .
| 4 | | (Source: P.A. 80-1508.)
| 5 | | (740 ILCS 110/7) (from Ch. 91 1/2, par. 807)
| 6 | | Sec. 7. Review of therapist or agency; use of recipient's | 7 | | record.
| 8 | | (a) When a therapist or agency which provides services is | 9 | | being
reviewed for purposes of licensure, statistical | 10 | | compilation, research,
evaluation, or other similar purpose, a | 11 | | recipient's record may be used by
the person conducting the | 12 | | review to the extent that this is necessary to
accomplish the | 13 | | purpose of the review, provided that personally identifiable
| 14 | | data is removed from the record before use. Personally | 15 | | identifiable
data may be disclosed only in accordance with the | 16 | | consent obtained under Section 5
of this Act. Licensure and the | 17 | | like may not be withheld or withdrawn for
failure to disclose | 18 | | personally identifiable data if consent is not obtained.
| 19 | | (b) When an agency which provides services is being | 20 | | reviewed for
purposes of funding, accreditation, reimbursement | 21 | | or audit by a State or
federal agency or accrediting body, a | 22 | | recipient's record may be used by
the person conducting the | 23 | | review and personally identifiable information
may be | 24 | | disclosed without consent, provided that the personally | 25 | | identifiable
information is necessary to accomplish the |
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| 1 | | purpose of the review.
| 2 | | For the purpose of this subsection, an inspection
| 3 | | investigation or site visit by the United States Department of | 4 | | Justice
regarding compliance with a pending consent decree is | 5 | | considered an audit
by a federal agency.
| 6 | | (c) An independent team of experts under Brian's Law shall | 7 | | be entitled to inspect and copy the records of any recipient | 8 | | whose death is being examined by such a team pursuant to the | 9 | | mortality review process authorized by Brian's Law.
| 10 | | Information disclosed under this subsection may not be | 11 | | redisclosed without
the written consent of one of the persons | 12 | | identified in Section 4 of this Act.
| 13 | | (Source: P.A. 96-1235, eff. 1-1-11.)
| 14 | | (740 ILCS 110/9) (from Ch. 91 1/2, par. 809)
| 15 | | (Text of Section WITHOUT the changes made by
P.A. 89-7, | 16 | | which has been held unconstitutional)
| 17 | | Sec. 9.
In the course of providing services and after the | 18 | | conclusion of the
provision of services, including for the | 19 | | purposes of treatment and care coordination, a therapist , | 20 | | integrated health system, or member of an interdisciplinary | 21 | | team may use, disclose, or re-disclose may disclose a record or | 22 | | communications
without consent to:
| 23 | | (1) the therapist's supervisor, a consulting | 24 | | therapist, members of a
staff team participating in the | 25 | | provision of services, a record custodian, a business |
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| 1 | | associate, an integrated health system, a member of an | 2 | | interdisciplinary team,
or a person acting under the | 3 | | supervision and control of the therapist;
| 4 | | (2) persons conducting a peer review of the services | 5 | | being provided;
| 6 | | (3) the Institute for Juvenile Research and the | 7 | | Institute for the
Study of Developmental Disabilities;
| 8 | | (4) an attorney or advocate consulted by a therapist or | 9 | | agency which
provides services concerning the therapist's | 10 | | or agency's legal rights or
duties in relation to the | 11 | | recipient and the services being provided; and
| 12 | | (5) the Inspector General of the Department of Children | 13 | | and Family
Services when such records or communications are | 14 | | relevant to a pending
investigation authorized by Section | 15 | | 35.5 of the Children and Family Services
Act where:
| 16 | | (A) the recipient was either (i) a parent, foster | 17 | | parent, or caretaker
who is an alleged perpetrator of | 18 | | abuse or neglect or the subject of a
dependency | 19 | | investigation or (ii) a non-ward victim of alleged | 20 | | abuse or
neglect, and
| 21 | | (B) available information demonstrates that the | 22 | | mental health of the
recipient was or should have been | 23 | | an issue to the safety of the child.
| 24 | | In the course of providing services, a therapist , | 25 | | integrated health system, or member of an interdisciplinary | 26 | | team may disclose a record or
communications without consent to |
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| 1 | | any department, agency, institution or
facility which has | 2 | | custody of the recipient pursuant to State statute or any
court | 3 | | order of commitment.
| 4 | | Information may be disclosed under this Section only to the | 5 | | extent that
knowledge of the record or communications is | 6 | | essential to the purpose for
which disclosure is made and only | 7 | | after the recipient is informed that such
disclosure may be | 8 | | made. A person to whom disclosure is made under this
Section | 9 | | shall not redisclose any information except as provided in this | 10 | | Act.
| 11 | | (Source: P.A. 86-955; 90-512, eff. 8-22-97.)
| 12 | | (740 ILCS 110/9.2)
| 13 | | Sec. 9.2. Interagency disclosure of recipient information. | 14 | | For the
purposes of continuity of care, the Department of Human | 15 | | Services (as
successor to the Department of Mental Health and | 16 | | Developmental
Disabilities), community agencies funded by the
| 17 | | Department of Human Services in that capacity, licensed private | 18 | | hospitals , integrated health systems, members of an | 19 | | interdisciplinary team, federally qualified health centers, or | 20 | | physicians or therapists or other healthcare providers | 21 | | licensed or certified by receiving payments from the Department | 22 | | of Human Services or the Department of Healthcare and Family | 23 | | Services, State correctional facilities, juvenile justice | 24 | | facilities, mental health facilities operated by a county, | 25 | | mental health court
professionals as defined in Section 10 of |
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| 1 | | the Mental Health Court Treatment Act, Veterans and
| 2 | | Servicemembers Court professionals as defined in Section 10 of | 3 | | the Veterans and
Servicemembers Court Treatment Act and jails | 4 | | and juvenile detention facilities operated by any
county of | 5 | | this State may disclose a
recipient's record or communications, | 6 | | without consent, to each other, but only
for the purpose of | 7 | | admission, treatment, planning, coordinating care, or | 8 | | discharge , or governmentally mandated public health reporting . | 9 | | Entities
shall not redisclose any personally identifiable | 10 | | information, unless necessary
for admission, treatment, | 11 | | planning, coordinating care, or discharge , or governmentally | 12 | | mandated public health reporting of the identified recipient to
| 13 | | another setting .
Such purposes may be accomplished utilizing an | 14 | | HIE. No records or communications may be disclosed to a county | 15 | | jail or State correctional facility pursuant to
this Section | 16 | | unless the Department has entered into a written agreement with
| 17 | | the county jail or State correctional facility requiring that | 18 | | the county jail or State correctional facility adopt written | 19 | | policies and
procedures designed to ensure that the records and | 20 | | communications are disclosed
only to those persons employed by | 21 | | or under contract to the county jail or State correctional | 22 | | facility who are
involved in the provision of mental health | 23 | | services to inmates and that the
records and communications are | 24 | | protected from further disclosure.
| 25 | | (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10; | 26 | | 97-946, eff. 8-13-12.)
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| 1 | | (740 ILCS 110/9.4) | 2 | | Sec. 9.4. Disclosure for treatment and coordination of | 3 | | care. | 4 | | (a) For recipients in a program administered or operated by | 5 | | the Department of Healthcare and Family Services or the | 6 | | Department of Human Services (as successor to the Department of | 7 | | Mental Health and Developmental Disabilities), records of a | 8 | | recipient may be disclosed without consent by county jails, | 9 | | insurance companies, integrated health systems, and State | 10 | | agencies, including the Department of Corrections, the | 11 | | Department of Children and Family Services, the Department of | 12 | | Healthcare and Family Services and the Department of Human | 13 | | Services, to hospitals, physicians, therapists, emergency | 14 | | medical personnel, and members of an interdisciplinary team | 15 | | treating a recipient for the purposes of treatment and | 16 | | coordination of care. | 17 | | (b) An interdisciplinary team treating a recipient may | 18 | | disclose the recipient's records without the recipient's | 19 | | consent to other members of the team. | 20 | | (c) The records that may be disclosed under this Section | 21 | | are services rendered, providers rendering the services, | 22 | | pharmaceuticals prescribed or dispensed, and diagnoses. All | 23 | | disclosures under this Section must be made in a manner | 24 | | consistent with existing federal and State laws and | 25 | | regulations, including the federal Health Insurance |
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| 1 | | Portability and Accountability Act (HIPAA). | 2 | | (d) (Blank). For the purpose of this Section only: | 3 | | "Integrated health system" means an organization with | 4 | | a system of care which incorporates physical and behavioral | 5 | | healthcare and includes care delivered in an inpatient and | 6 | | outpatient setting. | 7 | | "Interdisciplinary team" means a group of persons, | 8 | | representing different clinical disciplines (medicine, | 9 | | nursing, social work, psychology, etc.) providing and | 10 | | coordinating the care and treatment for a person with | 11 | | mental illness. The group may be composed of individuals | 12 | | employed by one provider or multiple providers.
| 13 | | (Source: P.A. 97-515, eff. 8-23-11.) | 14 | | (740 ILCS 110/9.5 new) | 15 | | Sec. 9.5. Use and disclosure of information to an HIE. | 16 | | (a) An HIE, person, therapist, facility, agency, | 17 | | interdisciplinary team, integrated health system, business | 18 | | associate, or covered entity may, without a recipient's | 19 | | consent, use or disclose information from a recipient's record | 20 | | in connection with an HIE, including disclosure to the Illinois | 21 | | Health Information Exchange Authority, an HIE, or the business | 22 | | associate of either. An HIE and its business associate may, | 23 | | without a recipient's consent, use or disclose and re-disclose | 24 | | such information for HIE purposes or for such other purposes as | 25 | | are specifically allowed under this Act. |
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| 1 | | (b) As used in this Section: | 2 | | (1) "facility" means a developmental disability | 3 | | facility as defined in Section 1-107 of the Mental Health | 4 | | and Developmental Disabilities Code or a mental health | 5 | | facility as defined in Section 1-114 of the Mental Health | 6 | | and Developmental Disabilities Code; and | 7 | | (2) the terms "disclosure" and "use" have the meanings | 8 | | ascribed to them under HIPAA, as specified in 45 CFR | 9 | | 160.103. | 10 | | (740 ILCS 110/9.6 new) | 11 | | Sec. 9.6. HIE opt-out. The Illinois Health Information | 12 | | Exchange Authority shall, through appropriate rules, | 13 | | standards, or contractual obligations binding upon HIE | 14 | | participants, provide each recipient whose record is | 15 | | accessible through the health information exchange the | 16 | | reasonable opportunity to expressly decline the further | 17 | | disclosure of the record by the health information exchange to | 18 | | third parties, except to the extent permitted by law such as | 19 | | for purposes of public health reporting. These rules, | 20 | | standards, or contractual obligations shall permit a recipient | 21 | | to revoke a prior decision to opt-out or a decision not to | 22 | | opt-out. These rules, standards, or contractual obligations | 23 | | shall provide for written notice of a recipient's right to | 24 | | opt-out which directs the recipient to a health information | 25 | | exchange website containing (i) an explanation of the purposes |
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| 1 | | of the health information exchange; and (ii) audio, visual, and | 2 | | written instructions on how to opt-out of participation in | 3 | | whole or in part to the extent possible. These rules, | 4 | | standards, or contractual obligations shall be reviewed | 5 | | annually and updated as the technical options develop. The | 6 | | recipient shall be provided meaningful disclosure regarding | 7 | | the health information exchange, and the recipient's decision | 8 | | whether to opt-out should be obtained without undue inducement | 9 | | or any element of force, fraud, deceit, duress, or other form | 10 | | of constraint or coercion. To the extent that HIPAA, as | 11 | | specified in 45 CFR 164.508(b)(4), prohibits a covered entity | 12 | | from conditioning the provision of its services upon an | 13 | | individual's provision of an authorization, an HIE participant | 14 | | shall not condition the provision of its services upon a | 15 | | recipient's decision to opt-out of further disclosure of the | 16 | | record by an HIE to third parties. The Illinois Health | 17 | | Information Exchange Authority shall, through appropriate | 18 | | rules, standards, or contractual obligations binding upon HIE | 19 | | participants, give consideration to the format and content of | 20 | | the meaningful disclosure and the availability to recipients of | 21 | | information regarding an HIE and the rights of recipients under | 22 | | this Section to expressly decline the further disclosure of the | 23 | | record by an HIE to third parties. The Illinois Health | 24 | | Information Exchange Authority shall also give annual | 25 | | consideration to enable a recipient to expressly decline the | 26 | | further disclosure by an HIE to third parties of selected |
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| 1 | | portions of the recipient's record while permitting disclosure | 2 | | of the recipient's remaining patient health information. In | 3 | | establishing rules, standards, or contractual obligations | 4 | | binding upon HIE participants to give effect to recipient | 5 | | disclosure preferences, the Illinois Health Information | 6 | | Exchange Authority in its discretion may consider the extent to | 7 | | which relevant health information technologies reasonably | 8 | | available to therapists and HIEs in this State reasonably | 9 | | enable the effective segmentation of specific information | 10 | | within a recipient's electronic medical record and reasonably | 11 | | enable the effective exclusion of specific information from | 12 | | disclosure by an HIE to third parties, as well as the | 13 | | availability of sufficient authoritative clinical guidance to | 14 | | enable the practical application of such technologies to effect | 15 | | recipient disclosure preferences. | 16 | | (740 ILCS 110/9.7 new) | 17 | | Sec. 9.7. Authority of Illinois Health Information | 18 | | Exchange Authority not limited. Nothing in this Act shall be | 19 | | construed to limit the authority of the Illinois Health | 20 | | Information Exchange Authority to impose limits or conditions | 21 | | on consent for disclosures to or through an HIE which are more | 22 | | restrictive than the requirements under this Act or under | 23 | | HIPAA. The consent requirements under Section 5 may not be | 24 | | required for the use or disclosure (as those terms are defined | 25 | | under HIPAA, as specified in 45 CFR 160.103) of a record or |
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| 1 | | communication disclosed (as that term is defined under HIPAA, | 2 | | as specified in 45 CFR 160.103) to or through an HIE for HIE | 3 | | purposes and in accordance with any applicable requirements of | 4 | | the Illinois Health Information Exchange Authority. | 5 | | (740 ILCS 110/9.8 new) | 6 | | Sec. 9.8. Business associates. An HIE, person, therapist, | 7 | | facility, agency, interdisciplinary team, integrated health | 8 | | system, business associate, covered entity, the Illinois | 9 | | Health Information Exchange Authority, or entity facilitating | 10 | | the establishment or operation of an HIE may, without a | 11 | | recipient's consent, utilize the services of and disclose | 12 | | information from a recipient's record to a business associate, | 13 | | as defined by and in accordance with the requirements set forth | 14 | | under HIPAA. As used in this Section, the term "disclosure" has | 15 | | the meaning ascribed to it by HIPAA, as specified in 45 CFR | 16 | | 160.103. | 17 | | (740 ILCS 110/9.9 new) | 18 | | Sec. 9.9. Record locator service. | 19 | | (a) An HIE, person, therapist, facility, agency, | 20 | | interdisciplinary team, integrated health system, business | 21 | | associate, covered entity, the Illinois Health Information | 22 | | Exchange Authority, or entity facilitating the establishment | 23 | | or operation of an HIE may, without a recipient's consent, | 24 | | disclose the existence of a recipient's record to a record |
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| 1 | | locator service, master patient index, or other directory or | 2 | | services deemed necessary by the Illinois Health Information | 3 | | Exchange Authority to support and enable the establishment and | 4 | | operation of an HIE. | 5 | | (b) As used in this Section: | 6 | | (1) the term "disclosure" has the meaning ascribed to | 7 | | it under HIPAA, as specified in 45 CFR 160.103; and | 8 | | (2) "facility" means a developmental disability | 9 | | facility as defined in Section 1-107 of the Mental Health | 10 | | and Developmental Disabilities Code or a mental health | 11 | | facility as defined in Section 1-114 of the Mental Health | 12 | | and Developmental Disabilities Code. | 13 | | (740 ILCS 110/9.10 new) | 14 | | Sec. 9.10. Interagency disclosures by HIE. Nothing in this | 15 | | Act shall be construed to limit the use of an HIE to facilitate | 16 | | the disclosure or re-disclosure of information from a | 17 | | recipient's record to any agency or department of this State as | 18 | | authorized by Sections 7.1, 9.2 and 9.4 of this Act. | 19 | | Notwithstanding the foregoing, nothing in this Act shall be | 20 | | construed to allow for the disclosure or re-disclosure of | 21 | | information from a recipient's record to law enforcement | 22 | | personnel or for law enforcement purposes. | 23 | | (740 ILCS 110/9.11 new) | 24 | | Sec. 9.11. Establishment and disclosure of limited data |
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| 1 | | sets and de-identified information. | 2 | | (a) An HIE, person, therapist, facility, agency, | 3 | | interdisciplinary team, integrated health system, business | 4 | | associate, covered entity, the Illinois Health Information | 5 | | Exchange Authority, or entity facilitating the establishment | 6 | | or operation of an HIE may, without a recipient's consent, use | 7 | | information from a recipient's record to establish, or disclose | 8 | | such information to a business associate to establish, and | 9 | | further disclose information from a recipient's record as part | 10 | | of a limited data set as defined by and in accordance with the | 11 | | requirements set forth under HIPAA, as specified in 45 CFR | 12 | | 164.514(e). An HIE, person, therapist, facility, agency, | 13 | | interdisciplinary team, integrated health system, business | 14 | | associate, covered entity, the Illinois Health Information | 15 | | Exchange Authority, or entity facilitating the establishment | 16 | | or operation of an HIE may, without a recipient's consent, use | 17 | | information from a recipient's record or disclose information | 18 | | from a recipient's record to a business associate to | 19 | | de-identity the information in accordance with HIPAA, as | 20 | | specified in 45 CFR 164.514. | 21 | | (b) As used in this Section: | 22 | | (1) the terms "disclosure" and "use" shall have the | 23 | | meanings ascribed to them by HIPAA, as specified in 45 CFR | 24 | | 160.103; and | 25 | | (2) "facility" means a developmental disability | 26 | | facility as defined in Section 1-107 of the Mental Health |
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| 1 | | and Developmental Disabilities Code or a mental health | 2 | | facility as defined in Section 1-114 of the Mental Health | 3 | | and Developmental Disabilities Code.
| 4 | | (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
| 5 | | Sec. 11. Disclosure of records and communications. Records | 6 | | and
communications may be disclosed:
| 7 | | (i) in accordance with the provisions of the
Abused and | 8 | | Neglected Child Reporting Act, subsection (u) of Section 5 | 9 | | of the Children and Family Services Act, or Section 7.4 of | 10 | | the Child Care Act of 1969;
| 11 | | (ii) when, and to the extent, a
therapist, in his or | 12 | | her sole discretion, determines that disclosure is
| 13 | | necessary to initiate or continue civil commitment or | 14 | | involuntary treatment proceedings under the laws
of this | 15 | | State or to otherwise protect the recipient or other person | 16 | | against a
clear, imminent risk of serious physical or | 17 | | mental injury or disease or death
being inflicted upon the | 18 | | recipient or by the recipient on himself or another;
| 19 | | (iii) when, and to the extent disclosure is, in the | 20 | | sole discretion of the
therapist, necessary to the | 21 | | provision of emergency medical care to a recipient
who is | 22 | | unable to assert or waive his or her rights hereunder;
| 23 | | (iv) when
disclosure is necessary to collect sums or | 24 | | receive third
party payment representing charges for | 25 | | mental health or developmental
disabilities services |
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| 1 | | provided by a therapist or agency to a recipient
under | 2 | | Chapter V of the Mental Health and Developmental | 3 | | Disabilities Code or to
transfer debts under the | 4 | | Uncollected State Claims Act; however, disclosure
shall be | 5 | | limited to information needed to pursue collection, and the
| 6 | | information so disclosed shall not be used for any other | 7 | | purposes nor shall it
be redisclosed except in connection | 8 | | with collection activities;
| 9 | | (v) when
requested by a family member, the Department | 10 | | of Human Services may assist in
the location of the | 11 | | interment site of a deceased recipient who is interred in a
| 12 | | cemetery established under Section 26 of the Mental Health | 13 | | and
Developmental Disabilities Administrative Act;
| 14 | | (vi) in judicial proceedings
under Article VIII of | 15 | | Chapter III and Article V of Chapter IV of the Mental
| 16 | | Health and Developmental Disabilities Code and proceedings | 17 | | and investigations
preliminary thereto, to the State's | 18 | | Attorney for the county or residence of a
person who is the | 19 | | subject of such proceedings, or in which the person is | 20 | | found,
or in which the facility is located, to the attorney | 21 | | representing the petitioner in the judicial proceedings, | 22 | | to the attorney representing the recipient
in the judicial | 23 | | proceedings, to any person or agency providing mental | 24 | | health
services that are the subject of the proceedings and | 25 | | to that person's or
agency's attorney, to any court | 26 | | personnel, including but not limited to judges
and circuit |
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| 1 | | court clerks, and to a guardian ad litem if one has been | 2 | | appointed
by the court. Information disclosed under this | 3 | | subsection shall not be utilized
for any other purpose nor | 4 | | be redisclosed except in connection with the
proceedings or | 5 | | investigations. Copies of any records provided to counsel | 6 | | for a petitioner shall be deleted or destroyed at the end | 7 | | of the proceedings and counsel for petitioner shall certify | 8 | | to the court in writing that he or she has done so. At the | 9 | | request of a recipient or his or her counsel, the court | 10 | | shall issue a protective order insuring the | 11 | | confidentiality of any records or communications provided | 12 | | to counsel for a petitioner;
| 13 | | (vii) when, and to the extent disclosure is
necessary | 14 | | to comply with the requirements of the Census Bureau in | 15 | | taking the
federal Decennial Census;
| 16 | | (viii) when, and to the extent, in the
therapist's sole | 17 | | discretion, disclosure is necessary to warn or protect a
| 18 | | specific individual against whom a recipient has made a | 19 | | specific threat of
violence where there exists a | 20 | | therapist-recipient relationship or a special
| 21 | | recipient-individual relationship;
| 22 | | (ix) in accordance with the Sex Offender
Registration | 23 | | Act;
| 24 | | (x) in accordance with the Rights of Crime Victims and
| 25 | | Witnesses Act; | 26 | | (xi) in accordance with Section 6 of the Abused and |
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| 1 | | Neglected Long Term Care Facility Residents Reporting Act; | 2 | | and | 3 | | (xii) in accordance with Section 55 of the Abuse of | 4 | | Adults with Disabilities Intervention Act ; and .
| 5 | | (xiii) to an HIE as specifically allowed under this Act | 6 | | for HIE purposes and in accordance with any applicable | 7 | | requirements of the Illinois Health Information Exchange | 8 | | Authority. | 9 | | Any person, institution, or agency, under
this Act, | 10 | | participating in good faith in the making of a report under the
| 11 | | Abused and Neglected Child Reporting Act or in the disclosure | 12 | | of records and
communications under this Section, shall have | 13 | | immunity from any liability,
civil, criminal or otherwise, that | 14 | | might result by reason of such action. For
the purpose of any | 15 | | proceeding, civil or criminal, arising out of a report or
| 16 | | disclosure under this Section, the good faith of any person, | 17 | | institution, or
agency so reporting or disclosing shall be | 18 | | presumed.
| 19 | | (Source: P.A. 96-466, eff. 8-14-09; 97-333, eff. 8-12-11; | 20 | | 97-375, eff. 8-15-11.)
| 21 | | (740 ILCS 110/13) (from Ch. 91 1/2, par. 813)
| 22 | | Sec. 13.
Whenever disclosure of a record or communication | 23 | | is made without
consent pursuant to this Act , other than uses, | 24 | | disclosures, or redisclosures permitted under Sections 9.5, | 25 | | 9.8, 9.9, 9.10, and 9.11 of this Act, or whenever a record is |
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| 1 | | used pursuant to Sections
7 and 8 of this Act, a notation of | 2 | | the information disclosed and the purpose
of such disclosure or | 3 | | use shall be noted in the recipient's record together
with the | 4 | | date and the name of the person to whom disclosure was made or
| 5 | | by whom the record was used.
| 6 | | (Source: P.A. 80-1508.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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