Full Text of HB1017 98th General Assembly
HB1017enr 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 a health | 8 | | information exchange or health information organization that | 9 | | oversees and governs the electronic exchange of health | 10 | | information that (i) is established pursuant to the Illinois | 11 | | Health Information Exchange and Technology Act, or any | 12 | | subsequent amendments thereto, and any administrative rules | 13 | | promulgated thereunder; or
(ii) has established a data sharing | 14 | | arrangement with the Illinois Health Information Exchange; or
| 15 | | (iii) as of the effective date of this amendatory Act of the | 16 | | 98th General Assembly, was designated by the Illinois Health | 17 | | Information Exchange Authority Board as a member of, or was | 18 | | represented on, the Authority Board's Regional Health | 19 | | Information Exchange Workgroup; provided that such designation | 20 | | shall not require the establishment of a data sharing | 21 | | arrangement or other participation with the Illinois Health | 22 | | Information Exchange or the payment of any fee. | 23 | | "HIE purposes" means those uses and disclosures (as those | 24 | | terms are defined under HIPAA, as specified in 45 CFR 160.103) | 25 | | for activities of an HIE: (i) set forth in the Illinois Health | 26 | | Information Exchange and Technology Act or any subsequent |
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| 1 | | amendments thereto and any administrative rules promulgated | 2 | | thereunder; or (ii) which are permitted under federal law. | 3 | | "HIPAA" means the Health Insurance Portability and | 4 | | Accountability Act of 1996, Public Law 104-191, and any | 5 | | subsequent amendments thereto and any regulations promulgated | 6 | | thereunder, including the Security Rule, as specified in 45 CFR | 7 | | 164.302-18, and the Privacy Rule, as specified in 45 CFR | 8 | | 164.500-34. | 9 | | "Integrated health system" means an organization with a | 10 | | system of care which incorporates physical and behavioral | 11 | | healthcare and includes care delivered in an inpatient and | 12 | | outpatient setting. | 13 | | "Interdisciplinary team" means a group of persons | 14 | | representing different clinical disciplines, such as medicine, | 15 | | nursing, social work, and psychology, providing and | 16 | | coordinating the care and treatment for a recipient of mental | 17 | | health or developmental disability services. The group may be | 18 | | composed of individuals employed by one provider or multiple | 19 | | providers. | 20 | | "Mental health or developmental disabilities services" or | 21 | | "services"
includes but is not limited to examination, | 22 | | diagnosis, evaluation, treatment,
training, pharmaceuticals, | 23 | | aftercare, habilitation or rehabilitation.
| 24 | | "Personal notes" means:
| 25 | | (i) information disclosed to the therapist in | 26 | | confidence by
other persons on condition that such |
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| 1 | | information would never be disclosed
to the recipient or | 2 | | other persons;
| 3 | | (ii) information disclosed to the therapist by the | 4 | | recipient
which would be injurious to the recipient's | 5 | | relationships to other persons, and
| 6 | | (iii) the therapist's speculations, impressions, | 7 | | hunches, and reminders.
| 8 | | "Parent" means a parent or, in the absence of a parent or | 9 | | guardian,
a person in loco parentis.
| 10 | | "Recipient" means a person who is receiving or has received | 11 | | mental
health or developmental disabilities services.
| 12 | | "Record" means any record kept by a therapist or by an | 13 | | agency in the
course of providing mental health or | 14 | | developmental disabilities service
to a recipient concerning | 15 | | the recipient and the services provided.
"Records" includes all | 16 | | records maintained by a court that have been created
in | 17 | | connection with,
in preparation for, or as a result of the | 18 | | filing of any petition or certificate
under Chapter II, Chapter | 19 | | III, or Chapter IV
of the Mental Health and Developmental | 20 | | Disabilities Code and includes the
petitions, certificates, | 21 | | dispositional reports, treatment plans, and reports of
| 22 | | diagnostic evaluations and of hearings under Article VIII of | 23 | | Chapter III or under Article V of Chapter IV of that Code. | 24 | | Record
does not include the therapist's personal notes, if such | 25 | | notes are kept in
the therapist's sole possession for his own | 26 | | personal use and are not
disclosed to any other person, except |
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| 1 | | the therapist's supervisor,
consulting therapist or attorney. | 2 | | If at any time such notes are disclosed,
they shall be | 3 | | considered part of the recipient's record for purposes of
this | 4 | | Act. "Record" does not include information that has been | 5 | | de-identified in accordance with HIPAA, as specified in 45 CFR | 6 | | 164.514.
| 7 | | "Record custodian" means a person responsible for | 8 | | maintaining a
recipient's record.
| 9 | | "Therapist" means a psychiatrist, physician, psychologist, | 10 | | social
worker, or nurse providing mental health or | 11 | | developmental disabilities services
or any other person not | 12 | | prohibited by law from providing such services or
from holding | 13 | | himself out as a therapist if the recipient reasonably believes
| 14 | | that such person is permitted to do so. Therapist includes any | 15 | | successor
of the therapist.
| 16 | | (Source: P.A. 89-58, eff. 1-1-96; 90-538, eff. 12-1-97.)
| 17 | | (740 ILCS 110/6) (from Ch. 91 1/2, par. 806)
| 18 | | Sec. 6.
Such information from a recipient's record as is | 19 | | necessary
to enable him to apply for or receive benefits may be | 20 | | disclosed with consent
obtained pursuant to Section 5 of this | 21 | | Act. Disclosure may be made without
consent when despite every | 22 | | reasonable effort it is not possible to obtain
consent because | 23 | | the person entitled to give consent is not capable of
| 24 | | consenting
or is not available to do so. The recipient shall be | 25 | | informed of any
disclosure
made without consent. The |
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| 1 | | information disclosed without consent under this
Section may | 2 | | include only the identity of the recipient and therapist and
a | 3 | | description of the nature, purpose, quantity, and date of the | 4 | | services
provided. Any request for additional information | 5 | | shall state with
particularity
what further information is | 6 | | needed and the reasons therefor. Refusal to
consent to the | 7 | | disclosure of more information than is necessary to apply for | 8 | | or receive
direct benefits shall not be grounds for in any way | 9 | | denying, limiting, or
cancelling such benefits or refusing to | 10 | | accept an application or renew such
benefits. Such information | 11 | | shall not be redisclosed except as provided in this Act with | 12 | | the consent
of the person entitled to give consent .
| 13 | | (Source: P.A. 80-1508.)
| 14 | | (740 ILCS 110/7) (from Ch. 91 1/2, par. 807)
| 15 | | Sec. 7. Review of therapist or agency; use of recipient's | 16 | | record.
| 17 | | (a) When a therapist or agency which provides services is | 18 | | being
reviewed for purposes of licensure, statistical | 19 | | compilation, research,
evaluation, or other similar purpose, a | 20 | | recipient's record may be used by
the person conducting the | 21 | | review to the extent that this is necessary to
accomplish the | 22 | | purpose of the review, provided that personally identifiable
| 23 | | data is removed from the record before use. Personally | 24 | | identifiable
data may be disclosed only in accordance with the | 25 | | consent obtained under Section 5
of this Act. Licensure and the |
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| 1 | | like may not be withheld or withdrawn for
failure to disclose | 2 | | personally identifiable data if consent is not obtained.
| 3 | | (b) When an agency which provides services is being | 4 | | reviewed for
purposes of funding, accreditation, reimbursement | 5 | | or audit by a State or
federal agency or accrediting body, a | 6 | | recipient's record may be used by
the person conducting the | 7 | | review and personally identifiable information
may be | 8 | | disclosed without consent, provided that the personally | 9 | | identifiable
information is necessary to accomplish the | 10 | | purpose of the review.
| 11 | | For the purpose of this subsection, an inspection
| 12 | | investigation or site visit by the United States Department of | 13 | | Justice
regarding compliance with a pending consent decree is | 14 | | considered an audit
by a federal agency.
| 15 | | (c) An independent team of experts under Brian's Law shall | 16 | | be entitled to inspect and copy the records of any recipient | 17 | | whose death is being examined by such a team pursuant to the | 18 | | mortality review process authorized by Brian's Law.
| 19 | | Information disclosed under this subsection may not be | 20 | | redisclosed without
the written consent of one of the persons | 21 | | identified in Section 4 of this Act.
| 22 | | (Source: P.A. 96-1235, eff. 1-1-11.)
| 23 | | (740 ILCS 110/9) (from Ch. 91 1/2, par. 809)
| 24 | | (Text of Section WITHOUT the changes made by
P.A. 89-7, | 25 | | which has been held unconstitutional)
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| 1 | | Sec. 9.
In the course of providing services and after the | 2 | | conclusion of the
provision of services, including for the | 3 | | purposes of treatment and care coordination, a therapist , | 4 | | integrated health system, or member of an interdisciplinary | 5 | | team may use, disclose, or re-disclose may disclose a record or | 6 | | communications
without consent to:
| 7 | | (1) the therapist's supervisor, a consulting | 8 | | therapist, members of a
staff team participating in the | 9 | | provision of services, a record custodian, a business | 10 | | associate, an integrated health system, a member of an | 11 | | interdisciplinary team,
or a person acting under the | 12 | | supervision and control of the therapist;
| 13 | | (2) persons conducting a peer review of the services | 14 | | being provided;
| 15 | | (3) the Institute for Juvenile Research and the | 16 | | Institute for the
Study of Developmental Disabilities;
| 17 | | (4) an attorney or advocate consulted by a therapist or | 18 | | agency which
provides services concerning the therapist's | 19 | | or agency's legal rights or
duties in relation to the | 20 | | recipient and the services being provided; and
| 21 | | (5) the Inspector General of the Department of Children | 22 | | and Family
Services when such records or communications are | 23 | | relevant to a pending
investigation authorized by Section | 24 | | 35.5 of the Children and Family Services
Act where:
| 25 | | (A) the recipient was either (i) a parent, foster | 26 | | parent, or caretaker
who is an alleged perpetrator of |
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| 1 | | abuse or neglect or the subject of a
dependency | 2 | | investigation or (ii) a non-ward victim of alleged | 3 | | abuse or
neglect, and
| 4 | | (B) available information demonstrates that the | 5 | | mental health of the
recipient was or should have been | 6 | | an issue to the safety of the child.
| 7 | | In the course of providing services, a therapist , | 8 | | integrated health system, or member of an interdisciplinary | 9 | | team may disclose a record or
communications without consent to | 10 | | any department, agency, institution or
facility which has | 11 | | custody of the recipient pursuant to State statute or any
court | 12 | | order of commitment.
| 13 | | Information may be disclosed under this Section only to the | 14 | | extent that
knowledge of the record or communications is | 15 | | essential to the purpose for
which disclosure is made and only | 16 | | after the recipient is informed that such
disclosure may be | 17 | | made. A person to whom disclosure is made under this
Section | 18 | | shall not redisclose any information except as provided in this | 19 | | Act.
| 20 | | (Source: P.A. 86-955; 90-512, eff. 8-22-97.)
| 21 | | (740 ILCS 110/9.2)
| 22 | | Sec. 9.2. Interagency disclosure of recipient information. | 23 | | For the
purposes of continuity of care, the Department of Human | 24 | | Services (as
successor to the Department of Mental Health and | 25 | | Developmental
Disabilities), community agencies funded by the
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| 1 | | Department of Human Services in that capacity, licensed private | 2 | | hospitals , integrated health systems, members of an | 3 | | interdisciplinary team, federally qualified health centers, or | 4 | | physicians or therapists or other healthcare providers | 5 | | licensed or certified by or receiving payments from the | 6 | | Department of Human Services or the Department of Healthcare | 7 | | and Family Services, State correctional facilities, juvenile | 8 | | justice facilities, mental health facilities operated by a | 9 | | county, mental health court
professionals as defined in Section | 10 | | 10 of the Mental Health Court Treatment Act, Veterans and
| 11 | | Servicemembers Court professionals as defined in Section 10 of | 12 | | the Veterans and
Servicemembers Court Treatment Act and jails | 13 | | and juvenile detention facilities operated by any
county of | 14 | | this State may disclose a
recipient's record or communications, | 15 | | without consent, to each other, but only
for the purpose of | 16 | | admission, treatment, planning, coordinating care, or | 17 | | discharge , or governmentally mandated public health reporting . | 18 | | Entities
shall not redisclose any personally identifiable | 19 | | information, unless necessary
for admission, treatment, | 20 | | planning, coordinating care, or discharge , or governmentally | 21 | | mandated public health reporting of the identified recipient to
| 22 | | another setting.
No records or communications may be disclosed | 23 | | to a county jail or State correctional facility pursuant to
| 24 | | this Section unless the Department has entered into a written | 25 | | agreement with
the county jail or State correctional facility | 26 | | requiring that the county jail or State correctional facility |
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| 1 | | adopt written policies and
procedures designed to ensure that | 2 | | the records and communications are disclosed
only to those | 3 | | persons employed by or under contract to the county jail or | 4 | | State correctional facility who are
involved in the provision | 5 | | of mental health services to inmates and that the
records and | 6 | | communications are protected from further disclosure.
| 7 | | (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10; | 8 | | 97-946, eff. 8-13-12.)
| 9 | | (740 ILCS 110/9.4) | 10 | | Sec. 9.4. Disclosure for treatment and coordination of | 11 | | care. | 12 | | (a) For recipients in a program administered or operated by | 13 | | the Department of Healthcare and Family Services or the | 14 | | Department of Human Services (as successor to the Department of | 15 | | Mental Health and Developmental Disabilities), records of a | 16 | | recipient may be disclosed without consent by county jails, | 17 | | insurance companies, integrated health systems, and State | 18 | | agencies, including the Department of Corrections, the | 19 | | Department of Children and Family Services, the Department of | 20 | | Healthcare and Family Services and the Department of Human | 21 | | Services, to hospitals, physicians, therapists, emergency | 22 | | medical personnel, and members of an interdisciplinary team | 23 | | treating a recipient for the purposes of treatment and | 24 | | coordination of care. | 25 | | (b) An interdisciplinary team treating a recipient may |
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| 1 | | disclose the recipient's records without the recipient's | 2 | | consent to other members of the team. | 3 | | (c) The records that may be disclosed under this Section | 4 | | are services rendered, providers rendering the services, | 5 | | pharmaceuticals prescribed or dispensed, and diagnoses. All | 6 | | disclosures under this Section must be made in a manner | 7 | | consistent with existing federal and State laws and | 8 | | regulations, including the federal Health Insurance | 9 | | Portability and Accountability Act (HIPAA). | 10 | | (d) (Blank). For the purpose of this Section only: | 11 | | "Integrated health system" means an organization with | 12 | | a system of care which incorporates physical and behavioral | 13 | | healthcare and includes care delivered in an inpatient and | 14 | | outpatient setting. | 15 | | "Interdisciplinary team" means a group of persons, | 16 | | representing different clinical disciplines (medicine, | 17 | | nursing, social work, psychology, etc.) providing and | 18 | | coordinating the care and treatment for a person with | 19 | | mental illness. The group may be composed of individuals | 20 | | employed by one provider or multiple providers.
| 21 | | (Source: P.A. 97-515, eff. 8-23-11.) | 22 | | (740 ILCS 110/9.5 new) | 23 | | Sec. 9.5. Use and disclosure of information to an HIE. | 24 | | (a) An HIE, person, therapist, facility, agency, | 25 | | interdisciplinary team, integrated health system, business |
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| 1 | | associate, or covered entity may, without a recipient's | 2 | | consent, use or disclose information from a recipient's record | 3 | | in connection with an HIE, including disclosure to the Illinois | 4 | | Health Information Exchange Authority, an HIE, or the business | 5 | | associate of either. An HIE and its business associate may, | 6 | | without a recipient's consent, use or disclose and re-disclose | 7 | | such information for HIE purposes or for such other purposes as | 8 | | are specifically allowed under this Act. | 9 | | (b) As used in this Section: | 10 | | (1) "facility" means a developmental disability | 11 | | facility as defined in Section 1-107 of the Mental Health | 12 | | and Developmental Disabilities Code or a mental health | 13 | | facility as defined in Section 1-114 of the Mental Health | 14 | | and Developmental Disabilities Code; and | 15 | | (2) the terms "disclosure" and "use" have the meanings | 16 | | ascribed to them under HIPAA, as specified in 45 CFR | 17 | | 160.103. | 18 | | (740 ILCS 110/9.6 new) | 19 | | Sec. 9.6. HIE opt-out. The Illinois Health Information | 20 | | Exchange Authority shall, through appropriate rules, | 21 | | standards, or contractual obligations, which shall be binding | 22 | | upon any HIE, as defined under Section 2, require that | 23 | | participants of such HIE provide each recipient whose record is | 24 | | accessible through the health information exchange the | 25 | | reasonable opportunity to expressly decline the further |
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| 1 | | disclosure of the record by the health information exchange to | 2 | | third parties, except to the extent permitted by law such as | 3 | | for purposes of public health reporting. These rules, | 4 | | standards, or contractual obligations shall permit a recipient | 5 | | to revoke a prior decision to opt-out or a decision not to | 6 | | opt-out. These rules, standards, or contractual obligations | 7 | | shall provide for written notice of a recipient's right to | 8 | | opt-out which directs the recipient to a health information | 9 | | exchange website containing (i) an explanation of the purposes | 10 | | of the health information exchange; and (ii) audio, visual, and | 11 | | written instructions on how to opt-out of participation in | 12 | | whole or in part to the extent possible. These rules, | 13 | | standards, or contractual obligations shall be reviewed | 14 | | annually and updated as the technical options develop. The | 15 | | recipient shall be provided meaningful disclosure regarding | 16 | | the health information exchange, and the recipient's decision | 17 | | whether to opt-out should be obtained without undue inducement | 18 | | or any element of force, fraud, deceit, duress, or other form | 19 | | of constraint or coercion. To the extent that HIPAA, as | 20 | | specified in 45 CFR 164.508(b)(4), prohibits a covered entity | 21 | | from conditioning the provision of its services upon an | 22 | | individual's provision of an authorization, an HIE participant | 23 | | shall not condition the provision of its services upon a | 24 | | recipient's decision to opt-out of further disclosure of the | 25 | | record by an HIE to third parties. The Illinois Health | 26 | | Information Exchange Authority shall, through appropriate |
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| 1 | | rules, standards, or contractual obligations, which shall be | 2 | | binding upon any HIE, as defined under Section 2, give | 3 | | consideration to the format and content of the meaningful | 4 | | disclosure and the availability to recipients of information | 5 | | regarding an HIE and the rights of recipients under this | 6 | | Section to expressly decline the further disclosure of the | 7 | | record by an HIE to third parties. The Illinois Health | 8 | | Information Exchange Authority shall also give annual | 9 | | consideration to enable a recipient to expressly decline the | 10 | | further disclosure by an HIE to third parties of selected | 11 | | portions of the recipient's record while permitting disclosure | 12 | | of the recipient's remaining patient health information. In | 13 | | establishing rules, standards, or contractual obligations | 14 | | binding upon HIEs under this Section to give effect to | 15 | | recipient disclosure preferences, the Illinois Health | 16 | | Information Exchange Authority in its discretion may consider | 17 | | the extent to which relevant health information technologies | 18 | | reasonably available to therapists and HIEs in this State | 19 | | reasonably enable the effective segmentation of specific | 20 | | information within a recipient's electronic medical record and | 21 | | reasonably enable the effective exclusion of specific | 22 | | information from disclosure by an HIE to third parties, as well | 23 | | as the availability of sufficient authoritative clinical | 24 | | guidance to enable the practical application of such | 25 | | technologies to effect recipient disclosure preferences. The | 26 | | provisions of this Section 9.6 shall not apply to the secure |
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| 1 | | electronic transmission of data which is point-to-point | 2 | | communication directed by the data custodian. Any rules or | 3 | | standards promulgated under this Section which apply to HIEs | 4 | | shall be limited to that subject matter required by this | 5 | | Section and shall not include any requirement that an HIE enter | 6 | | a data sharing arrangement or otherwise participate with the | 7 | | Illinois Health Information Exchange. In connection with its | 8 | | annual consideration regarding the issue of segmentation of | 9 | | information within a medical record and prior to the adoption | 10 | | of any rules or standards regarding that issue, the Authority | 11 | | Board shall consider information provided by affected persons | 12 | | or organizations regarding the feasibility, availability, | 13 | | cost, reliability, and interoperability of any technology or | 14 | | process under consideration by the Board. Nothing in this Act | 15 | | shall be construed to limit the authority of the Illinois | 16 | | Health Information Exchange Authority to impose limits or | 17 | | conditions on consent for disclosures to or through any HIE, as | 18 | | defined under Section 2, which are more restrictive than the | 19 | | requirements under this Act or under HIPAA. | 20 | | (740 ILCS 110/9.7 new) | 21 | | Sec. 9.7. Other limitations on consent requirements. The | 22 | | consent requirements under Section 5 may not be required for | 23 | | the use or disclosure (as those terms are defined under HIPAA, | 24 | | as specified in 45 CFR 160.103) of a record or communication | 25 | | disclosed (as that term is defined under HIPAA, as specified in |
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| 1 | | 45 CFR 160.103) to or through an HIE for HIE purposes and in | 2 | | accordance with this Act. | 3 | | (740 ILCS 110/9.8 new) | 4 | | Sec. 9.8. Business associates. An HIE, person, therapist, | 5 | | facility, agency, interdisciplinary team, integrated health | 6 | | system, business associate, covered entity, the Illinois | 7 | | Health Information Exchange Authority, or entity facilitating | 8 | | the establishment or operation of an HIE may, without a | 9 | | recipient's consent, utilize the services of and disclose | 10 | | information from a recipient's record to a business associate, | 11 | | as defined by and in accordance with the requirements set forth | 12 | | under HIPAA. As used in this Section, the term "disclosure" has | 13 | | the meaning ascribed to it by HIPAA, as specified in 45 CFR | 14 | | 160.103. | 15 | | (740 ILCS 110/9.9 new) | 16 | | Sec. 9.9. Record locator service. | 17 | | (a) An HIE, person, therapist, facility, agency, | 18 | | interdisciplinary team, integrated health system, business | 19 | | associate, covered entity, the Illinois Health Information | 20 | | Exchange Authority, or entity facilitating the establishment | 21 | | or operation of an HIE may, without a recipient's consent, | 22 | | disclose the existence of a recipient's record to a record | 23 | | locator service, master patient index, or other directory or | 24 | | services necessary to support and enable the establishment and |
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| 1 | | operation of an HIE. | 2 | | (b) As used in this Section: | 3 | | (1) the term "disclosure" has the meaning ascribed to | 4 | | it under HIPAA, as specified in 45 CFR 160.103; and | 5 | | (2) "facility" means a developmental disability | 6 | | facility as defined in Section 1-107 of the Mental Health | 7 | | and Developmental Disabilities Code or a mental health | 8 | | facility as defined in Section 1-114 of the Mental Health | 9 | | and Developmental Disabilities Code. | 10 | | (740 ILCS 110/9.10 new) | 11 | | Sec. 9.10. Interagency disclosures by HIE. Nothing in this | 12 | | Act shall be construed to limit the use of an HIE to facilitate | 13 | | the disclosure or re-disclosure of information from a | 14 | | recipient's record to any agency or department of this State as | 15 | | authorized by Sections 7.1, 9.2 and 9.4 of this Act. | 16 | | Notwithstanding the foregoing, nothing in this Act shall be | 17 | | construed to allow for the disclosure or re-disclosure of | 18 | | information from a recipient's record to law enforcement | 19 | | personnel or for law enforcement purposes. | 20 | | (740 ILCS 110/9.11 new) | 21 | | Sec. 9.11. Establishment and disclosure of limited data | 22 | | sets and de-identified information. | 23 | | (a) An HIE, person, therapist, facility, agency, | 24 | | interdisciplinary team, integrated health system, business |
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| 1 | | associate, covered entity, the Illinois Health Information | 2 | | Exchange Authority, or entity facilitating the establishment | 3 | | or operation of an HIE may, without a recipient's consent, use | 4 | | information from a recipient's record to establish, or disclose | 5 | | such information to a business associate to establish, and | 6 | | further disclose information from a recipient's record as part | 7 | | of a limited data set as defined by and in accordance with the | 8 | | requirements set forth under HIPAA, as specified in 45 CFR | 9 | | 164.514(e). An HIE, person, therapist, facility, agency, | 10 | | interdisciplinary team, integrated health system, business | 11 | | associate, covered entity, the Illinois Health Information | 12 | | Exchange Authority, or entity facilitating the establishment | 13 | | or operation of an HIE may, without a recipient's consent, use | 14 | | information from a recipient's record or disclose information | 15 | | from a recipient's record to a business associate to | 16 | | de-identity the information in accordance with HIPAA, as | 17 | | specified in 45 CFR 164.514. | 18 | | (b) As used in this Section: | 19 | | (1) the terms "disclosure" and "use" shall have the | 20 | | meanings ascribed to them by HIPAA, as specified in 45 CFR | 21 | | 160.103; and | 22 | | (2) "facility" means a developmental disability | 23 | | facility as defined in Section 1-107 of the Mental Health | 24 | | and Developmental Disabilities Code or a mental health | 25 | | facility as defined in Section 1-114 of the Mental Health | 26 | | and Developmental Disabilities Code.
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| 1 | | (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
| 2 | | Sec. 11. Disclosure of records and communications. Records | 3 | | and
communications may be disclosed:
| 4 | | (i) in accordance with the provisions of the
Abused and | 5 | | Neglected Child Reporting Act, subsection (u) of Section 5 | 6 | | of the Children and Family Services Act, or Section 7.4 of | 7 | | the Child Care Act of 1969;
| 8 | | (ii) when, and to the extent, a
therapist, in his or | 9 | | her sole discretion, determines that disclosure is
| 10 | | necessary to initiate or continue civil commitment or | 11 | | involuntary treatment proceedings under the laws
of this | 12 | | State or to otherwise protect the recipient or other person | 13 | | against a
clear, imminent risk of serious physical or | 14 | | mental injury or disease or death
being inflicted upon the | 15 | | recipient or by the recipient on himself or another;
| 16 | | (iii) when, and to the extent disclosure is, in the | 17 | | sole discretion of the
therapist, necessary to the | 18 | | provision of emergency medical care to a recipient
who is | 19 | | unable to assert or waive his or her rights hereunder;
| 20 | | (iv) when
disclosure is necessary to collect sums or | 21 | | receive third
party payment representing charges for | 22 | | mental health or developmental
disabilities services | 23 | | provided by a therapist or agency to a recipient
under | 24 | | Chapter V of the Mental Health and Developmental | 25 | | Disabilities Code or to
transfer debts under the |
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| 1 | | Uncollected State Claims Act; however, disclosure
shall be | 2 | | limited to information needed to pursue collection, and the
| 3 | | information so disclosed shall not be used for any other | 4 | | purposes nor shall it
be redisclosed except in connection | 5 | | with collection activities;
| 6 | | (v) when
requested by a family member, the Department | 7 | | of Human Services may assist in
the location of the | 8 | | interment site of a deceased recipient who is interred in a
| 9 | | cemetery established under Section 26 of the Mental Health | 10 | | and
Developmental Disabilities Administrative Act;
| 11 | | (vi) in judicial proceedings
under Article VIII of | 12 | | Chapter III and Article V of Chapter IV of the Mental
| 13 | | Health and Developmental Disabilities Code and proceedings | 14 | | and investigations
preliminary thereto, to the State's | 15 | | Attorney for the county or residence of a
person who is the | 16 | | subject of such proceedings, or in which the person is | 17 | | found,
or in which the facility is located, to the attorney | 18 | | representing the petitioner in the judicial proceedings, | 19 | | to the attorney representing the recipient
in the judicial | 20 | | proceedings, to any person or agency providing mental | 21 | | health
services that are the subject of the proceedings and | 22 | | to that person's or
agency's attorney, to any court | 23 | | personnel, including but not limited to judges
and circuit | 24 | | court clerks, and to a guardian ad litem if one has been | 25 | | appointed
by the court. Information disclosed under this | 26 | | subsection shall not be utilized
for any other purpose nor |
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| 1 | | be redisclosed except in connection with the
proceedings or | 2 | | investigations. Copies of any records provided to counsel | 3 | | for a petitioner shall be deleted or destroyed at the end | 4 | | of the proceedings and counsel for petitioner shall certify | 5 | | to the court in writing that he or she has done so. At the | 6 | | request of a recipient or his or her counsel, the court | 7 | | shall issue a protective order insuring the | 8 | | confidentiality of any records or communications provided | 9 | | to counsel for a petitioner;
| 10 | | (vii) when, and to the extent disclosure is
necessary | 11 | | to comply with the requirements of the Census Bureau in | 12 | | taking the
federal Decennial Census;
| 13 | | (viii) when, and to the extent, in the
therapist's sole | 14 | | discretion, disclosure is necessary to warn or protect a
| 15 | | specific individual against whom a recipient has made a | 16 | | specific threat of
violence where there exists a | 17 | | therapist-recipient relationship or a special
| 18 | | recipient-individual relationship;
| 19 | | (ix) in accordance with the Sex Offender
Registration | 20 | | Act;
| 21 | | (x) in accordance with the Rights of Crime Victims and
| 22 | | Witnesses Act; | 23 | | (xi) in accordance with Section 6 of the Abused and | 24 | | Neglected Long Term Care Facility Residents Reporting Act; | 25 | | and | 26 | | (xii) in accordance with Section 55 of the Abuse of |
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| 1 | | Adults with Disabilities Intervention Act ; and .
| 2 | | (xiii) to an HIE as specifically allowed under this Act | 3 | | for HIE purposes and in accordance with any applicable | 4 | | requirements of the HIE. | 5 | | Any person, institution, or agency, under
this Act, | 6 | | participating in good faith in the making of a report under the
| 7 | | Abused and Neglected Child Reporting Act or in the disclosure | 8 | | of records and
communications under this Section, shall have | 9 | | immunity from any liability,
civil, criminal or otherwise, that | 10 | | might result by reason of such action. For
the purpose of any | 11 | | proceeding, civil or criminal, arising out of a report or
| 12 | | disclosure under this Section, the good faith of any person, | 13 | | institution, or
agency so reporting or disclosing shall be | 14 | | presumed.
| 15 | | (Source: P.A. 96-466, eff. 8-14-09; 97-333, eff. 8-12-11; | 16 | | 97-375, eff. 8-15-11.)
| 17 | | (740 ILCS 110/13) (from Ch. 91 1/2, par. 813)
| 18 | | Sec. 13.
Whenever disclosure of a record or communication | 19 | | is made without
consent pursuant to this Act , other than uses, | 20 | | disclosures, or redisclosures permitted under Sections 9.5, | 21 | | 9.8, 9.9, 9.10, and 9.11 of this Act, or other than uses, | 22 | | disclosures, or redisclosures permitted under Sections 9, 9.2, | 23 | | and 9.4 of this Act effected by electronic transmission, or | 24 | | whenever a record is used pursuant to Sections
7 and 8 of this | 25 | | Act, a notation of the information disclosed and the purpose
of |
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| 1 | | such disclosure or use shall be noted in the recipient's record | 2 | | together
with the date and the name of the person to whom | 3 | | disclosure was made or
by whom the record was used.
| 4 | | (Source: P.A. 80-1508.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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