Illinois General Assembly - Full Text of SB1970
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Full Text of SB1970  102nd General Assembly

SB1970enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB1970 EnrolledLRB102 17209 LNS 22667 b

1    AN ACT concerning mental health.
 
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
65.5 as follows:
 
7    (740 ILCS 110/5.5 new)
8    Sec. 5.5. Limited access to basic inpatient mental health
9information.
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 subsection (b), if the individual:
17        (1) provides proof of identity to the mental health
18    facility; and
19        (2) provides a statement in writing that:
20            (A) declares that there is no current or pending
21        order of protection involving both the individual and
22        the recipient;
23            (B) if the individual is the recipient's spouse,

 

 

SB1970 Enrolled- 2 -LRB102 17209 LNS 22667 b

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

 

 

SB1970 Enrolled- 3 -LRB102 17209 LNS 22667 b

1            alternatively provides documentation that the
2            individual has paid for prescriptions related to
3            the recipient's mental health condition from the
4            prescribing provider;
5                (iv) the individual is an adult and is the
6            recipient's parent, spouse, sibling, child, or
7            grandchild;
8                (v) the individual has been identified as an
9            emergency contact for the recipient; and
10                (vi) the individual provides documentation
11            that the individual holds the health insurance
12            policy under which the recipient is a beneficiary
13            with respect to mental health care.
14    (b) An individual who satisfies the requirements of
15subsection (a) is eligible to receive information under this
16Section if, at the time any disclosure is made, the
17recipient's treating physician has determined, after thorough
18clinical assessment by the treatment team, (i) that the
19recipient lacks the capacity to make a reasoned decision about
20the disclosure under Section 5, (ii) the treating physician is
21able to determine in the exercise of the physician's
22professional judgment that the recipient is not at risk of
23abuse or neglect as a result of the disclosure, and (iii) that
24the disclosure is in the recipient's best interest. When
25making a decision regarding the recipient's best interest, the
26physician shall give substantial consideration to any prior

 

 

SB1970 Enrolled- 4 -LRB102 17209 LNS 22667 b

1instructions from a recipient identifying individuals with
2whom the recipient's information may be shared. No disclosure
3pursuant to this Section may be made at any time when a
4recipient has the capacity to make a decision about the
5disclosure.
6    (c) Whenever the disclosure of any information is made
7without consent pursuant to this Section, (i) the recipient
8shall be provided with written notification of the disclosure
9and afforded the opportunity to designate an agent under the
10Powers of Attorney for Health Care Law or an attorney-in-fact
11under the Mental Health Treatment Preference Declaration Act,
12and (ii) a notation of the information disclosed and the
13purpose of the disclosure or use shall be noted in the
14recipient's record together with the date and name of the
15person to whom the disclosure was made.
16    (d) This Section allows for the exchange of information
17only when the requirements of this Section are met and the
18recipient lacks the capacity for informed consent. Once the
19recipient regains the capacity for informed consent, this
20Section no longer applies and any allowance for the exchange
21of information authorized under this Section between
22individuals and medical personnel is terminated.
23    (e) An individual who receives information pursuant to
24this Section is eligible to access the following information
25only to the extent that such information is directly relevant
26to the individual's involvement with the recipient's care or

 

 

SB1970 Enrolled- 5 -LRB102 17209 LNS 22667 b

1payment related to the recipient's health care or needed for
2notification purposes. Such information is limited to the
3following:
4        (1) whether the recipient is located at the inpatient
5    mental health facility; and
6        (2) plans for the discharge of the recipient to the
7    extent the treating physician is able to determine that
8    there is no risk to the recipient of abuse, harassment, or
9    harm in providing the information, which may include the
10    anticipated date and time of the discharge, if known, the
11    address where the recipient will live, and the plans, if
12    any, for the provision of treatment in the community
13    following discharge for the mental health condition or
14    conditions for which the recipient was receiving treatment
15    at the inpatient mental health facility, including, but
16    not limited to, psychotropic medication related to the
17    recipient's mental health condition and the identity of
18    any person or agency expected to provide treatment to the
19    recipient.
20    (f) An individual who has received information under this
21Section shall not redisclose the information except as
22necessary to provide for the recipient's care or payment for
23the recipient's care. The information shall be excluded from
24evidence in a proceeding and may not be used in any other way,
25unless it is being used to assert or prove that a recipient is
26a person with a disability in need of a limited or plenary

 

 

SB1970 Enrolled- 6 -LRB102 17209 LNS 22667 b

1guardian under Article XIa of the Probate Act of 1975.
2    (g) If access or modification of the information is
3requested, the request, the grounds for its acceptance or
4denial, and any action taken thereon, including what
5information was disclosed, shall be noted in the recipient's
6record.
7    (h) No information shall be disclosed under this Section
8if the recipient has either designated an agent under the
9Powers of Attorney for Health Care Law or an attorney-in-fact
10under the Mental Health Treatment Preference Declaration Act
11who is currently authorized to receive the information set
12forth in subsection (e).
13    (i) Any person who knowingly and willfully violates any
14provision of this Section is guilty of a Class A misdemeanor.
15    (j) Nothing in this Section shall be interpreted to allow
16a disclosure that is otherwise prohibited under any other
17State law or any federal law concerning informed consent.