Illinois General Assembly - Full Text of HB4506
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Full Text of HB4506  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 1/31/2024, by Rep. Maurice A. West, II


740 ILCS 110/4  from Ch. 91 1/2, par. 804

    Amends the Mental Health and Developmental Disabilities Confidentiality Act. Allows, upon request, an investigator or attorney employed by the Department of Financial and Professional Regulation investigating any provider of mental health or developmental disabilities services who is a licensee of the Department to inspect and copy a recipient's record or any part thereof. Provides that nothing in the Act prohibits the use of a recipient's records in an administrative proceeding conducted by the Department.

LRB103 35576 LNS 65648 b





HB4506LRB103 35576 LNS 65648 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 changing
6Section 4 as follows:
7    (740 ILCS 110/4)  (from Ch. 91 1/2, par. 804)
8    Sec. 4. (a) The following persons shall be entitled, upon
9request, to inspect and copy a recipient's record or any part
11        (1) the parent or guardian of a recipient who is under
12    12 years of age;
13        (2) the recipient if he is 12 years of age or older;
14        (3) the parent or guardian of a recipient who is at
15    least 12 but under 18 years, if the recipient is informed
16    and does not object or if the therapist does not find that
17    there are compelling reasons for denying the access. The
18    parent or guardian who is denied access by either the
19    recipient or the therapist may petition a court for access
20    to the record. Nothing in this paragraph is intended to
21    prohibit the parent or guardian of a recipient who is at
22    least 12 but under 18 years from requesting and receiving
23    the following information: current physical and mental



HB4506- 2 -LRB103 35576 LNS 65648 b

1    condition, diagnosis, treatment needs, services provided,
2    and services needed, including medication, if any;
3        (3.5) the personal representative under HIPAA, 45 CFR
4    164.502(g), of a recipient, regardless of the age of the
5    recipient;
6        (4) the guardian of a recipient who is 18 years or
7    older;
8        (5) an attorney or guardian ad litem who represents a
9    minor 12 years of age or older in any judicial or
10    administrative proceeding, provided that the court or
11    administrative hearing officer has entered an order
12    granting the attorney this right;
13        (6) an agent appointed under a recipient's power of
14    attorney for health care or for property, when the power
15    of attorney authorizes the access;
16        (7) an attorney-in-fact appointed under the Mental
17    Health Treatment Preference Declaration Act; or
18        (8) any person in whose care and custody the recipient
19    has been placed pursuant to Section 3-811 of the Mental
20    Health and Developmental Disabilities Code; or .
21        (9) an investigator or attorney employed by the
22    Department of Financial and Professional Regulation, upon
23    the presentation of a Department of Financial and
24    Professional Regulation subpoena, investigating any
25    provider of mental health or developmental disabilities
26    services who is a licensee of the Department of Financial



HB4506- 3 -LRB103 35576 LNS 65648 b

1    and Professional Regulation. Nothing in this Act prohibits
2    the use of a recipient's records in an administrative
3    proceeding conducted by the Department of Financial and
4    Professional Regulation.
5    (b) Assistance in interpreting the record may be provided
6without charge and shall be provided if the person inspecting
7the record is under 18 years of age. However, access may in no
8way be denied or limited if the person inspecting the record
9refuses the assistance. A reasonable fee may be charged for
10duplication of a record. However, when requested to do so in
11writing by any indigent recipient, the custodian of the
12records shall provide at no charge to the recipient, or to the
13Guardianship and Advocacy Commission, the agency designated by
14the Governor under Section 1 of the Protection and Advocacy
15for Persons with Developmental Disabilities Act or to any
16other not-for-profit agency whose primary purpose is to
17provide free legal services or advocacy for the indigent and
18who has received written authorization from the recipient
19under Section 5 of this Act to receive his records, one copy of
20any records in its possession whose disclosure is authorized
21under this Act.
22    (c) Any person entitled to access to a record under this
23Section may submit a written statement concerning any disputed
24or new information, which statement shall be entered into the
25record. Whenever any disputed part of a record is disclosed,
26any submitted statement relating thereto shall accompany the



HB4506- 4 -LRB103 35576 LNS 65648 b

1disclosed part. Additionally, any person entitled to access
2may request modification of any part of the record which he
3believes is incorrect or misleading. If the request is
4refused, the person may seek a court order to compel
6    (d) Whenever access or modification is requested, the
7request and any action taken thereon shall be noted in the
8recipient's record.
9(Source: P.A. 103-474, eff. 1-1-24.)