99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5903

 

Introduced , by Rep. Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 110/9.12 new

    Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that the Department of Human Services may disclose records or communications of persons receiving care from the Department or under contract with the Department, without consent, to not-for-profit institutions of higher education engaged in research concerning the safety, effectiveness, or cost-effectiveness of mental health treatments if specified conditions are met. Provides that the Department may refuse to disclose records or communications if, in its sole discretion, it determines that the identity of recipients or any of the records or communications will not be adequately protected. Provides that the Department shall adopt rules concerning the use of any records or communications disclosed.


LRB099 15403 HEP 39679 b

 

 

A BILL FOR

 

HB5903LRB099 15403 HEP 39679 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Confidentiality Act is amended by adding Section
69.12 as follows:
 
7    (740 ILCS 110/9.12 new)
8    Sec. 9.12. Disclosure for purposes of evaluating
9treatments. The Department of Human Services may disclose
10records or communications of persons receiving care from the
11Department of Human Services or under contract with the
12Department of Human Services, without consent, to
13not-for-profit institutions of higher education engaged in
14research concerning the safety, effectiveness, or
15cost-effectiveness of mental health treatments if the
16Department of Human Services has entered into written
17agreements with the persons or institutions to whom the records
18and communications are disclosed. An agreement shall provide
19that records and communications are used solely for the purpose
20of the research and that the records and communications are
21protected from further disclosure. The Department of Human
22Services may refuse to disclose records or communications under
23this Section if, in its sole discretion, it determines that the

 

 

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1identity of recipients or any of the records or communications
2will not be adequately protected. The Department of Human
3Services shall adopt rules concerning the use of any records or
4communications disclosed under this Section, including, but
5not limited to, rules prohibiting further disclosure and
6ensuring compliance with all federal and state laws and
7regulations concerning the conduct of research.