Rep. Jennifer Gong-Gershowitz

Filed: 5/25/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 1970 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Mental Health and Developmental
5Disabilities Confidentiality Act is amended by adding Section
65.5 as follows:
7    (740 ILCS 110/5.5 new)
8    Sec. 5.5. Limited access to basic inpatient mental health
10    (a) For a recipient who is an inpatient of a mental health
11facility, an individual is eligible, upon request, to obtain
12the protected mental health information of the recipient that
13is directly relevant to that individual's involvement with the
14recipient's mental health care, or payment related to the
15recipient's mental health care, subject to the conditions set
16forth in Section (b), if the individual:



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1        (1) provides proof of identity to the mental health
2    facility; and
3        (2) provides a statement in writing that:
4            (A) declares that there is no current or pending
5        order of protection involving both the individual and
6        the recipient;
7            (B) if the individual is the recipient's spouse,
8        declares that no action is pending between the
9        individual and the recipient under the Illinois
10        Marriage and Dissolution of Marriage Act or any
11        substantially similar federal or other state
12        dissolution of marriage statute; and
13            (C) provides evidence sufficient to establish the
14        individual's participation in the recipient's care or
15        payment for the recipient's care; factors that may be
16        considered to establish the individual's involvement
17        in a recipient's care include, but are not limited to:
18                (i) the individual resides at the same address
19            as the recipient;
20                (ii) the individual regularly assists the
21            recipient in scheduling and attending appointments
22            with mental health care providers, including
23            mental health residential providers, and gives the
24            name and contact information of those mental
25            health care or residential providers, or
26            alternatively provides documentation that the



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1            individual has paid for services to those mental
2            health care or residential providers;
3                (iii) the individual regularly assists the
4            recipient in filling prescriptions for medication
5            relating to the recipient's mental health
6            condition and gives the name and contact
7            information of the prescribing provider, or
8            alternatively provides documentation that the
9            individual has paid for prescriptions related to
10            the recipient's mental health condition from the
11            prescribing provider;
12                (iv) the individual is an adult and is the
13            recipient's parent, spouse, sibling, child, or
14            grandchild;
15                (v) the individual has been identified as an
16            emergency contact for the recipient; and
17                (vi) the individual provides documentation
18            that the individual holds the health insurance
19            policy under which the recipient is a beneficiary
20            with respect to mental health care.
21    (b) An individual who satisfies the requirements of
22Section (a) is eligible to receive information under this
23Section if, at the time any disclosure is made, the
24recipient's treating physician has determined, after thorough
25clinical assessment by the treatment team, (i) that the
26recipient lacks the capacity to make a reasoned decision about



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1the disclosure under Section 5, (ii) the treating physician is
2able to determine in the exercise of the physician's
3professional judgment that the recipient is not at risk of
4abuse or neglect as a result of the disclosure, and (iii) that
5the disclosure is in the recipient's best interest. When
6making a decision regarding the recipient's best interest, the
7physician shall give substantial consideration to any prior
8instructions from a recipient identifying individuals with
9whom the recipient's information may be shared. No disclosure
10pursuant to this Section may be made at any time when a
11recipient has the capacity to make a decision about the
13    (c) Whenever the disclosure of any information is made
14without consent pursuant to this Section, (i) the recipient
15shall be provided with written notification of the disclosure
16and afforded the opportunity to designate an agent under the
17Powers of Attorney for Health Care Law or an attorney-in-fact
18under the Mental Health Treatment Preference Declaration Act,
19and (ii) a notation of the information disclosed and the
20purpose of the disclosure or use shall be noted in the
21recipient's record together with the date and name of the
22person to whom the disclosure was made.
23    (d) This Section allows for the exchange of information
24only when the requirements of this Section are met and the
25recipient lacks the capacity for informed consent. Once the
26recipient regains the capacity for informed consent, this



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1Section no longer applies and any allowance for the exchange
2of information authorized under this Section between
3individuals and medical personnel is terminated.
4    (e) An individual who receives information pursuant to
5this Section is eligible to access the following information
6only to the extent that such information is directly relevant
7to the individual's involvement with the recipient's care or
8payment related to the recipient's health care or needed for
9notification purposes. Such information is limited to the
11        (1) whether the recipient is located at the inpatient
12    mental health facility; and
13        (2) plans for the discharge of the recipient to the
14    extent the treating physician is able to determine that
15    there is no risk to the recipient of abuse, harassment, or
16    harm in providing the information, which may include the
17    anticipated date and time of the discharge, if known, the
18    address where the recipient will live, and the plans, if
19    any, for the provision of treatment in the community
20    following discharge for the mental health condition or
21    conditions for which the recipient was receiving treatment
22    at the inpatient mental health facility, including, but
23    not limited to, psychotropic medication related to the
24    recipient's mental health condition and the identity of
25    any person or agency expected to provide treatment to the
26    recipient.



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1    (f) An individual who has received information under this
2Section shall not redisclose the information except as
3necessary to provide for the recipient's care or payment for
4the recipient's care. The information shall be excluded from
5evidence in a proceeding and may not be used in any other way,
6unless it is being used to assert or prove that a recipient is
7a person with a disability in need of a limited or plenary
8guardian under Article XIa of the Probate Act of 1975.
9    (g) If access or modification of the information is
10requested, the request, the grounds for its acceptance or
11denial, and any action taken thereon, including what
12information was disclosed, shall be noted in the recipient's
14    (h) No information shall be disclosed under this Section
15if the recipient has either designated an agent under the
16Powers of Attorney for Health Care Law or an attorney-in-fact
17under the Mental Health Treatment Preference Declaration Act
18who is currently authorized to receive the information set
19forth in subsection (e).
20    (i) Any person who knowingly and willfully violates any
21provision of this Section is guilty of a Class A misdemeanor.
22    (j) Nothing in this Section shall be interpreted to allow
23a disclosure that is otherwise prohibited under any other
24State law or any federal law concerning informed consent.".