Full Text of SB1186 98th General Assembly
SB1186 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1186 Introduced 1/30/2013, by Sen. Heather A. Steans SYNOPSIS AS INTRODUCED: |
| 740 ILCS 110/2 | from Ch. 91 1/2, par. 802 | 740 ILCS 110/6 | from Ch. 91 1/2, par. 806 | 740 ILCS 110/7 | from Ch. 91 1/2, par. 807 | 740 ILCS 110/9 | from Ch. 91 1/2, par. 809 | 740 ILCS 110/9.2 | | 740 ILCS 110/9.4 | | 740 ILCS 110/9.5 new | | 740 ILCS 110/9.6 new | | 740 ILCS 110/9.7 new | | 740 ILCS 110/9.8 new | | 740 ILCS 110/9.9 new | | 740 ILCS 110/9.10 new | | 740 ILCS 110/9.11 new | | 740 ILCS 110/11 | from Ch. 91 1/2, par. 811 |
|
Amends the Mental Health and Developmental Disabilities Confidentiality Act. Defines "business associate", "covered entity", "facility", "health information exchange" ("HIE"), "HIE purposes", "HIPAA", "integrated health system", and "interdisciplinary team" and changes the definition of "confidential communication" and "record". Provides that an HIE, person, therapist, facility, agency, interdisciplinary team, integrated health system, business associate, or covered entity may, without a recipient's consent, use, disclose, or redisclose information from a recipient's record to certain entities for specified purposes. Provides that a recipient may opt-out of having his or her record disclosed. Makes corresponding changes throughout the rest of the Act.
|
| |
| | A BILL FOR |
|
| | | SB1186 | | LRB098 05558 HEP 35595 b |
|
| 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, and 11 and by adding Sections | 7 | | 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 |
| | | SB1186 | - 2 - | LRB098 05558 HEP 35595 b |
|
| 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: (i) a health | 8 | | information exchange established pursuant to the Illinois | 9 | | Health Information Exchange and Technology Act, or any | 10 | | subsequent amendments thereto, and any administrative rules | 11 | | promulgated thereunder; or (ii) another health information | 12 | | exchange or health information organization certified or | 13 | | approved by the Illinois Health Information Exchange | 14 | | Authority. | 15 | | "HIE purposes" means those uses and disclosures (as those | 16 | | terms are defined under HIPAA, as specified in 45 CFR 160.103) | 17 | | for activities of an HIE: (i) set forth in the Illinois Health | 18 | | Information Exchange and Technology Act or any subsequent | 19 | | amendments thereto and any administrative rules promulgated | 20 | | thereunder; or (ii) which are permitted under federal law. | 21 | | "HIPAA" means the Health Insurance Portability and | 22 | | Accountability Act of 1996, Public Law 104-191, and any | 23 | | subsequent amendments thereto and any regulations promulgated | 24 | | thereunder, including the Security Rule, as specified in 45 CFR | 25 | | 164.302-18, and the Privacy Rule, as specified in 45 CFR | 26 | | 164.500-34. |
| | | SB1186 | - 3 - | LRB098 05558 HEP 35595 b |
|
| 1 | | "Integrated health system" means an organization with a | 2 | | system of care which incorporates physical and behavioral | 3 | | healthcare and includes care delivered in an inpatient and | 4 | | outpatient setting. | 5 | | "Interdisciplinary team" means a group of persons | 6 | | representing different clinical disciplines, such as medicine, | 7 | | nursing, social work, and psychology, providing and | 8 | | coordinating the care and treatment for a person with mental | 9 | | illness. The group may be composed of individuals employed by | 10 | | one provider or multiple providers. | 11 | | "Mental health or developmental disabilities services" or | 12 | | "services"
includes but is not limited to examination, | 13 | | diagnosis, evaluation, treatment,
training, pharmaceuticals, | 14 | | aftercare, habilitation or rehabilitation.
| 15 | | "Personal notes" means:
| 16 | | (i) information disclosed to the therapist in | 17 | | confidence by
other persons on condition that such | 18 | | information would never be disclosed
to the recipient or | 19 | | other persons;
| 20 | | (ii) information disclosed to the therapist by the | 21 | | recipient
which would be injurious to the recipient's | 22 | | relationships to other persons, and
| 23 | | (iii) the therapist's speculations, impressions, | 24 | | hunches, and reminders.
| 25 | | "Parent" means a parent or, in the absence of a parent or | 26 | | guardian,
a person in loco parentis.
|
| | | SB1186 | - 4 - | LRB098 05558 HEP 35595 b |
|
| 1 | | "Recipient" means a person who is receiving or has received | 2 | | mental
health or developmental disabilities services.
| 3 | | "Record" means any record kept by a therapist or by an | 4 | | agency in the
course of providing mental health or | 5 | | developmental disabilities service
to a recipient concerning | 6 | | the recipient and the services provided.
"Records" includes all | 7 | | records maintained by a court that have been created
in | 8 | | connection with,
in preparation for, or as a result of the | 9 | | filing of any petition or certificate
under Chapter II, Chapter | 10 | | III, or Chapter IV
of the Mental Health and Developmental | 11 | | Disabilities Code and includes the
petitions, certificates, | 12 | | dispositional reports, treatment plans, and reports of
| 13 | | diagnostic evaluations and of hearings under Article VIII of | 14 | | Chapter III or under Article V of Chapter IV of that Code. | 15 | | Record
does not include the therapist's personal notes, if such | 16 | | notes are kept in
the therapist's sole possession for his own | 17 | | personal use and are not
disclosed to any other person, except | 18 | | the therapist's supervisor,
consulting therapist or attorney. | 19 | | If at any time such notes are disclosed,
they shall be | 20 | | considered part of the recipient's record for purposes of
this | 21 | | Act. "Record" does not include information that has been | 22 | | de-identified in accordance with HIPAA, as specified in 45 CFR | 23 | | 164.514.
| 24 | | "Record custodian" means a person responsible for | 25 | | maintaining a
recipient's record.
| 26 | | "Therapist" means a psychiatrist, physician, psychologist, |
| | | SB1186 | - 5 - | LRB098 05558 HEP 35595 b |
|
| 1 | | social
worker, or nurse providing mental health or | 2 | | developmental disabilities services
or any other person not | 3 | | prohibited by law from providing such services or
from holding | 4 | | himself out as a therapist if the recipient reasonably believes
| 5 | | that such person is permitted to do so. Therapist includes any | 6 | | successor
of the therapist.
| 7 | | (Source: P.A. 89-58, eff. 1-1-96; 90-538, eff. 12-1-97.)
| 8 | | (740 ILCS 110/6) (from Ch. 91 1/2, par. 806)
| 9 | | Sec. 6.
Such information from a recipient's record as is | 10 | | necessary
to enable him to apply for or receive benefits may be | 11 | | disclosed with consent
obtained pursuant to Section 5 of this | 12 | | Act. Disclosure may be made without
consent when despite every | 13 | | reasonable effort it is not possible to obtain
consent because | 14 | | the person entitled to give consent is not capable of
| 15 | | consenting
or is not available to do so. The recipient shall be | 16 | | informed of any
disclosure
made without consent. The | 17 | | information disclosed without consent under this
Section may | 18 | | include only the identity of the recipient and therapist and
a | 19 | | description of the nature, purpose, quantity, and date of the | 20 | | services
provided. Any request for additional information | 21 | | shall state with
particularity
what further information is | 22 | | needed and the reasons therefor. Refusal to
consent to the | 23 | | disclosure of more information than is necessary to apply for | 24 | | or receive
direct benefits shall not be grounds for in any way | 25 | | denying, limiting, or
cancelling such benefits or refusing to |
| | | SB1186 | - 6 - | LRB098 05558 HEP 35595 b |
|
| 1 | | accept an application or renew such
benefits. Such information | 2 | | shall not be redisclosed except as provided in this Act with | 3 | | the consent
of the person entitled to give consent .
| 4 | | (Source: P.A. 80-1508.)
| 5 | | (740 ILCS 110/7) (from Ch. 91 1/2, par. 807)
| 6 | | Sec. 7. Review of therapist or agency; use of recipient's | 7 | | record.
| 8 | | (a) When a therapist or agency which provides services is | 9 | | being
reviewed for purposes of licensure, statistical | 10 | | compilation, research,
evaluation, or other similar purpose, a | 11 | | recipient's record may be used by
the person conducting the | 12 | | review to the extent that this is necessary to
accomplish the | 13 | | purpose of the review, provided that personally identifiable
| 14 | | data is removed from the record before use. Personally | 15 | | identifiable
data may be disclosed only in accordance with the | 16 | | consent obtained under Section 5
of this Act. Licensure and the | 17 | | like may not be withheld or withdrawn for
failure to disclose | 18 | | personally identifiable data if consent is not obtained.
| 19 | | (b) When an agency which provides services is being | 20 | | reviewed for
purposes of funding, accreditation, reimbursement | 21 | | or audit by a State or
federal agency or accrediting body, a | 22 | | recipient's record may be used by
the person conducting the | 23 | | review and personally identifiable information
may be | 24 | | disclosed without consent, provided that the personally | 25 | | identifiable
information is necessary to accomplish the |
| | | SB1186 | - 7 - | LRB098 05558 HEP 35595 b |
|
| 1 | | purpose of the review.
| 2 | | For the purpose of this subsection, an inspection
| 3 | | investigation or site visit by the United States Department of | 4 | | Justice
regarding compliance with a pending consent decree is | 5 | | considered an audit
by a federal agency.
| 6 | | (c) An independent team of experts under Brian's Law shall | 7 | | be entitled to inspect and copy the records of any recipient | 8 | | whose death is being examined by such a team pursuant to the | 9 | | mortality review process authorized by Brian's Law.
| 10 | | Information disclosed under this subsection may not be | 11 | | redisclosed without
the written consent of one of the persons | 12 | | identified in Section 4 of this Act.
| 13 | | (Source: P.A. 96-1235, eff. 1-1-11.)
| 14 | | (740 ILCS 110/9) (from Ch. 91 1/2, par. 809)
| 15 | | (Text of Section WITHOUT the changes made by
P.A. 89-7, | 16 | | which has been held unconstitutional)
| 17 | | Sec. 9.
In the course of providing services and after the | 18 | | conclusion of the
provision of services, including for the | 19 | | purposes of treatment and care coordination, a therapist , | 20 | | integrated health system, or member of an interdisciplinary | 21 | | team may use, disclose, or re-disclose may disclose a record or | 22 | | communications
without consent to:
| 23 | | (1) the therapist's supervisor, a consulting | 24 | | therapist, members of a
staff team participating in the | 25 | | provision of services, a record custodian, a business |
| | | SB1186 | - 8 - | LRB098 05558 HEP 35595 b |
|
| 1 | | associate, an integrated health system, a member of an | 2 | | interdisciplinary team,
or a person acting under the | 3 | | supervision and control of the therapist;
| 4 | | (2) persons conducting a peer review of the services | 5 | | being provided;
| 6 | | (3) the Institute for Juvenile Research and the | 7 | | Institute for the
Study of Developmental Disabilities;
| 8 | | (4) an attorney or advocate consulted by a therapist or | 9 | | agency which
provides services concerning the therapist's | 10 | | or agency's legal rights or
duties in relation to the | 11 | | recipient and the services being provided; and
| 12 | | (5) the Inspector General of the Department of Children | 13 | | and Family
Services when such records or communications are | 14 | | relevant to a pending
investigation authorized by Section | 15 | | 35.5 of the Children and Family Services
Act where:
| 16 | | (A) the recipient was either (i) a parent, foster | 17 | | parent, or caretaker
who is an alleged perpetrator of | 18 | | abuse or neglect or the subject of a
dependency | 19 | | investigation or (ii) a non-ward victim of alleged | 20 | | abuse or
neglect, and
| 21 | | (B) available information demonstrates that the | 22 | | mental health of the
recipient was or should have been | 23 | | an issue to the safety of the child.
| 24 | | In the course of providing services, a therapist , | 25 | | integrated health system, or member of an interdisciplinary | 26 | | team may disclose a record or
communications without consent to |
| | | SB1186 | - 9 - | LRB098 05558 HEP 35595 b |
|
| 1 | | any department, agency, institution or
facility which has | 2 | | custody of the recipient pursuant to State statute or any
court | 3 | | order of commitment.
| 4 | | Information may be disclosed under this Section only to the | 5 | | extent that
knowledge of the record or communications is | 6 | | essential to the purpose for
which disclosure is made and only | 7 | | after the recipient is informed that such
disclosure may be | 8 | | made. A person to whom disclosure is made under this
Section | 9 | | shall not redisclose any information except as provided in this | 10 | | Act.
| 11 | | (Source: P.A. 86-955; 90-512, eff. 8-22-97.)
| 12 | | (740 ILCS 110/9.2)
| 13 | | Sec. 9.2. Interagency disclosure of recipient information. | 14 | | For the
purposes of continuity of care, the Department of Human | 15 | | Services (as
successor to the Department of Mental Health and | 16 | | Developmental
Disabilities), community agencies funded by the
| 17 | | Department of Human Services in that capacity, licensed private | 18 | | hospitals , integrated health systems, members of an | 19 | | interdisciplinary team, federally qualified health centers, or | 20 | | physicians or therapists or other healthcare providers | 21 | | licensed or certified by receiving payments from the Department | 22 | | of Human Services or the Department of Healthcare and Family | 23 | | Services, State correctional facilities, juvenile justice | 24 | | facilities, mental health facilities operated by a county, | 25 | | mental health court
professionals as defined in Section 10 of |
| | | SB1186 | - 10 - | LRB098 05558 HEP 35595 b |
|
| 1 | | the Mental Health Court Treatment Act, Veterans and
| 2 | | Servicemembers Court professionals as defined in Section 10 of | 3 | | the Veterans and
Servicemembers Court Treatment Act and jails | 4 | | and juvenile detention facilities operated by any
county of | 5 | | this State may disclose a
recipient's record or communications, | 6 | | without consent, to each other, but only
for the purpose of | 7 | | admission, treatment, planning, or discharge. Entities
shall | 8 | | not redisclose any personally identifiable information, unless | 9 | | necessary
for admission, treatment, planning, coordinating | 10 | | care, or discharge , or governmentally mandated public health | 11 | | reporting of the identified recipient to
another setting .
Such | 12 | | purposes may be accomplished utilizing an HIE. No records or | 13 | | communications may be disclosed to a county jail or State | 14 | | correctional facility pursuant to
this Section unless the | 15 | | Department has entered into a written agreement with
the county | 16 | | jail or State correctional facility requiring that the county | 17 | | jail or State correctional facility adopt written policies and
| 18 | | procedures designed to ensure that the records and | 19 | | communications are disclosed
only to those persons employed by | 20 | | or under contract to the county jail or State correctional | 21 | | facility who are
involved in the provision of mental health | 22 | | services to inmates and that the
records and communications are | 23 | | protected from further disclosure.
| 24 | | (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10; | 25 | | 97-946, eff. 8-13-12.)
|
| | | SB1186 | - 11 - | LRB098 05558 HEP 35595 b |
|
| 1 | | (740 ILCS 110/9.4) | 2 | | Sec. 9.4. Disclosure for treatment and coordination of | 3 | | care. | 4 | | (a) For recipients in a program administered or operated by | 5 | | the Department of Healthcare and Family Services or the | 6 | | Department of Human Services (as successor to the Department of | 7 | | Mental Health and Developmental Disabilities), records of a | 8 | | recipient may be disclosed without consent by county jails, | 9 | | insurance companies, integrated health systems, and State | 10 | | agencies, including the Department of Corrections, the | 11 | | Department of Children and Family Services, the Department of | 12 | | Healthcare and Family Services and the Department of Human | 13 | | Services, to hospitals, physicians, therapists, emergency | 14 | | medical personnel, and members of an interdisciplinary team | 15 | | treating a recipient for the purposes of treatment and | 16 | | coordination of care. | 17 | | (b) An interdisciplinary team treating a recipient may | 18 | | disclose the recipient's records without the recipient's | 19 | | consent to other members of the team. | 20 | | (c) The records that may be disclosed under this Section | 21 | | are services rendered, providers rendering the services, | 22 | | pharmaceuticals prescribed or dispensed, and diagnoses. All | 23 | | disclosures under this Section must be made in a manner | 24 | | consistent with existing federal and State laws and | 25 | | regulations, including the federal Health Insurance | 26 | | Portability and Accountability Act (HIPAA). |
| | | SB1186 | - 12 - | LRB098 05558 HEP 35595 b |
|
| 1 | | (d) (Blank). For the purpose of this Section only: | 2 | | "Integrated health system" means an organization with | 3 | | a system of care which incorporates physical and behavioral | 4 | | healthcare and includes care delivered in an inpatient and | 5 | | outpatient setting. | 6 | | "Interdisciplinary team" means a group of persons, | 7 | | representing different clinical disciplines (medicine, | 8 | | nursing, social work, psychology, etc.) providing and | 9 | | coordinating the care and treatment for a person with | 10 | | mental illness. The group may be composed of individuals | 11 | | employed by one provider or multiple providers.
| 12 | | (Source: P.A. 97-515, eff. 8-23-11.) | 13 | | (740 ILCS 110/9.5 new) | 14 | | Sec. 9.5. Use and disclosure of information to an HIE. | 15 | | (a) An HIE, person, therapist, facility, agency, | 16 | | interdisciplinary team, integrated health system, business | 17 | | associate, or covered entity may, without a recipient's | 18 | | consent, use or disclose information from a recipient's record | 19 | | in connection with an HIE, including disclosure to the Illinois | 20 | | Health Information Exchange Authority, an HIE, or the business | 21 | | associate of either. An HIE and its business associate may, | 22 | | without a recipient's consent, use or disclose and re-disclose | 23 | | such information for HIE purposes or for such other purposes as | 24 | | are specifically allowed under this Act. | 25 | | (b) As used in this Section: |
| | | SB1186 | - 13 - | LRB098 05558 HEP 35595 b |
|
| 1 | | (1) "facility" means a developmental disability | 2 | | facility as defined in Section 1-107 of the Mental Health | 3 | | and Developmental Disabilities Code or a mental health | 4 | | facility as defined in Section 1-114 of the Mental Health | 5 | | and Developmental Disabilities Code; and | 6 | | (2) the terms "disclosure" and "use" have the meanings | 7 | | ascribed to them under HIPAA, as specified in 45 CFR | 8 | | 160.103. | 9 | | (740 ILCS 110/9.6 new) | 10 | | Sec. 9.6. HIE opt-out. The Illinois Health Information | 11 | | Exchange Authority shall, through appropriate rules, | 12 | | standards, and contractual obligations binding upon HIE | 13 | | participants, provide each recipient whose record is | 14 | | accessible through the health information exchange the | 15 | | reasonable opportunity to expressly decline the further | 16 | | disclosure of the record by the health information exchange to | 17 | | third parties, except to the extent permitted by law such as | 18 | | for purposes of public health reporting. The recipient shall be | 19 | | provided meaningful disclosure regarding the health | 20 | | information exchange, and the recipient's decision whether to | 21 | | opt-out should be obtained without undue inducement or any | 22 | | element of force, fraud, deceit, duress, or other form of | 23 | | constraint or coercion. To the extent that HIPAA, as specified | 24 | | in 45 CFR 164.508(b)(4), prohibits a covered entity from | 25 | | conditioning the provision of its services upon an individual's |
| | | SB1186 | - 14 - | LRB098 05558 HEP 35595 b |
|
| 1 | | provision of an authorization, an HIE participant shall not | 2 | | condition the provision of its services upon a recipient's | 3 | | decision to opt-out of further disclosure of the record by an | 4 | | HIE to third parties. | 5 | | (740 ILCS 110/9.7 new) | 6 | | Sec. 9.7. Authority of Illinois Health Information | 7 | | Exchange Authority not limited. Nothing in this Act shall be | 8 | | construed to limit the authority of the Illinois Health | 9 | | Information Exchange Authority to impose limits or conditions | 10 | | on consent for disclosures to or through an HIE which are more | 11 | | restrictive than the requirements under this Act or under | 12 | | HIPAA. The consent requirements under Section 5 may not be | 13 | | required for the use or disclosure (as those terms are defined | 14 | | under HIPAA, as specified in 45 CFR 160.103) of a record or | 15 | | communication disclosed (as that term is defined under HIPAA, | 16 | | as specified in 45 CFR 160.103) to or through an HIE for HIE | 17 | | purposes and in accordance with any applicable requirements of | 18 | | the Illinois Health Information Exchange Authority. | 19 | | (740 ILCS 110/9.8 new) | 20 | | Sec. 9.8. Business associates. An HIE, person, therapist, | 21 | | facility, agency, interdisciplinary team, integrated health | 22 | | system, business associate, covered entity, the Illinois | 23 | | Health Information Exchange Authority, or entity facilitating | 24 | | the establishment or operation of an HIE may, without a |
| | | SB1186 | - 15 - | LRB098 05558 HEP 35595 b |
|
| 1 | | recipient's consent, utilize the services of and disclose | 2 | | information from a recipient's record to a business associate, | 3 | | as defined by and in accordance with the requirements set forth | 4 | | under HIPAA. As used in this Section, the term "disclosure" has | 5 | | the meaning ascribed to it by HIPAA, as specified in 45 CFR | 6 | | 160.103. | 7 | | (740 ILCS 110/9.9 new) | 8 | | Sec. 9.9. Record locator service. | 9 | | (a) 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, | 14 | | disclose the existence of a recipient's record to a record | 15 | | locator service, master patient index, or other directory or | 16 | | services deemed necessary by the Illinois Health Information | 17 | | Exchange Authority to support and enable the establishment and | 18 | | operation of an HIE. | 19 | | (b) As used in this Section: | 20 | | (1) the term "disclosure" has the meaning ascribed to | 21 | | it under HIPAA, as specified in 45 CFR 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 |
| | | SB1186 | - 16 - | LRB098 05558 HEP 35595 b |
|
| 1 | | and Developmental Disabilities Code. | 2 | | (740 ILCS 110/9.10 new) | 3 | | Sec. 9.10. Interagency disclosures by HIE. Nothing in this | 4 | | Act shall be construed to limit the use of an HIE to facilitate | 5 | | the disclosure or re-disclosure of information from a | 6 | | recipient's record to any agency or department of this State as | 7 | | authorized by Sections 7.1, 9.2 and 9.4 of this Act. | 8 | | Notwithstanding the foregoing, nothing in this Act shall be | 9 | | construed to allow for the disclosure or re-disclosure of | 10 | | information from a recipient's record to law enforcement | 11 | | personnel or for law enforcement purposes. | 12 | | (740 ILCS 110/9.11 new) | 13 | | Sec. 9.11. Establishment and disclosure of limited data | 14 | | sets and de-identified information. | 15 | | (a) An HIE, person, therapist, facility, agency, | 16 | | interdisciplinary team, integrated health system, business | 17 | | associate, covered entity, the Illinois Health Information | 18 | | Exchange Authority, or entity facilitating the establishment | 19 | | or operation of an HIE may, without a recipient's consent, use | 20 | | information from a recipient's record to establish, or disclose | 21 | | such information to a business associate to establish, and | 22 | | further disclose information from a recipient's record as part | 23 | | of a limited data set as defined by and in accordance with the | 24 | | requirements set forth under HIPAA, as specified in 45 CFR |
| | | SB1186 | - 17 - | LRB098 05558 HEP 35595 b |
|
| 1 | | 164.514(e). An HIE, person, therapist, facility, agency, | 2 | | interdisciplinary team, integrated health system, business | 3 | | associate, covered entity, the Illinois Health Information | 4 | | Exchange Authority, or entity facilitating the establishment | 5 | | or operation of an HIE may, without a recipient's consent, use | 6 | | information from a recipient's record or disclose information | 7 | | from a recipient's record to a business associate to | 8 | | de-identity the information in accordance with HIPAA, as | 9 | | specified in 45 CFR 164.514. | 10 | | (b) As used in this Section: | 11 | | (1) the terms "disclosure" and "use" shall have the | 12 | | meanings ascribed to them by HIPAA, as specified in 45 CFR | 13 | | 160.103; and | 14 | | (2) "facility" means a developmental disability | 15 | | facility as defined in Section 1-107 of the Mental Health | 16 | | and Developmental Disabilities Code or a mental health | 17 | | facility as defined in Section 1-114 of the Mental Health | 18 | | and Developmental Disabilities Code.
| 19 | | (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
| 20 | | Sec. 11. Disclosure of records and communications. Records | 21 | | and
communications may be disclosed:
| 22 | | (i) in accordance with the provisions of the
Abused and | 23 | | Neglected Child Reporting Act, subsection (u) of Section 5 | 24 | | of the Children and Family Services Act, or Section 7.4 of | 25 | | the Child Care Act of 1969;
|
| | | SB1186 | - 18 - | LRB098 05558 HEP 35595 b |
|
| 1 | | (ii) when, and to the extent, a
therapist, in his or | 2 | | her sole discretion, determines that disclosure is
| 3 | | necessary to initiate or continue civil commitment or | 4 | | involuntary treatment proceedings under the laws
of this | 5 | | State or to otherwise protect the recipient or other person | 6 | | against a
clear, imminent risk of serious physical or | 7 | | mental injury or disease or death
being inflicted upon the | 8 | | recipient or by the recipient on himself or another;
| 9 | | (iii) when, and to the extent disclosure is, in the | 10 | | sole discretion of the
therapist, necessary to the | 11 | | provision of emergency medical care to a recipient
who is | 12 | | unable to assert or waive his or her rights hereunder;
| 13 | | (iv) when
disclosure is necessary to collect sums or | 14 | | receive third
party payment representing charges for | 15 | | mental health or developmental
disabilities services | 16 | | provided by a therapist or agency to a recipient
under | 17 | | Chapter V of the Mental Health and Developmental | 18 | | Disabilities Code or to
transfer debts under the | 19 | | Uncollected State Claims Act; however, disclosure
shall be | 20 | | limited to information needed to pursue collection, and the
| 21 | | information so disclosed shall not be used for any other | 22 | | purposes nor shall it
be redisclosed except in connection | 23 | | with collection activities;
| 24 | | (v) when
requested by a family member, the Department | 25 | | of Human Services may assist in
the location of the | 26 | | interment site of a deceased recipient who is interred in a
|
| | | SB1186 | - 19 - | LRB098 05558 HEP 35595 b |
|
| 1 | | cemetery established under Section 26 of the Mental Health | 2 | | and
Developmental Disabilities Administrative Act;
| 3 | | (vi) in judicial proceedings
under Article VIII of | 4 | | Chapter III and Article V of Chapter IV of the Mental
| 5 | | Health and Developmental Disabilities Code and proceedings | 6 | | and investigations
preliminary thereto, to the State's | 7 | | Attorney for the county or residence of a
person who is the | 8 | | subject of such proceedings, or in which the person is | 9 | | found,
or in which the facility is located, to the attorney | 10 | | representing the petitioner in the judicial proceedings, | 11 | | to the attorney representing the recipient
in the judicial | 12 | | proceedings, to any person or agency providing mental | 13 | | health
services that are the subject of the proceedings and | 14 | | to that person's or
agency's attorney, to any court | 15 | | personnel, including but not limited to judges
and circuit | 16 | | court clerks, and to a guardian ad litem if one has been | 17 | | appointed
by the court. Information disclosed under this | 18 | | subsection shall not be utilized
for any other purpose nor | 19 | | be redisclosed except in connection with the
proceedings or | 20 | | investigations. Copies of any records provided to counsel | 21 | | for a petitioner shall be deleted or destroyed at the end | 22 | | of the proceedings and counsel for petitioner shall certify | 23 | | to the court in writing that he or she has done so. At the | 24 | | request of a recipient or his or her counsel, the court | 25 | | shall issue a protective order insuring the | 26 | | confidentiality of any records or communications provided |
| | | SB1186 | - 20 - | LRB098 05558 HEP 35595 b |
|
| 1 | | to counsel for a petitioner;
| 2 | | (vii) when, and to the extent disclosure is
necessary | 3 | | to comply with the requirements of the Census Bureau in | 4 | | taking the
federal Decennial Census;
| 5 | | (viii) when, and to the extent, in the
therapist's sole | 6 | | discretion, disclosure is necessary to warn or protect a
| 7 | | specific individual against whom a recipient has made a | 8 | | specific threat of
violence where there exists a | 9 | | therapist-recipient relationship or a special
| 10 | | recipient-individual relationship;
| 11 | | (ix) in accordance with the Sex Offender
Registration | 12 | | Act;
| 13 | | (x) in accordance with the Rights of Crime Victims and
| 14 | | Witnesses Act; | 15 | | (xi) in accordance with Section 6 of the Abused and | 16 | | Neglected Long Term Care Facility Residents Reporting Act; | 17 | | and | 18 | | (xii) in accordance with Section 55 of the Abuse of | 19 | | Adults with Disabilities Intervention Act ; and .
| 20 | | (xiii) to an HIE as specifically allowed under this Act | 21 | | for HIE purposes and in accordance with any applicable | 22 | | requirements of the Illinois Health Information Exchange | 23 | | Authority. | 24 | | Any person, institution, or agency, under
this Act, | 25 | | participating in good faith in the making of a report under the
| 26 | | Abused and Neglected Child Reporting Act or in the disclosure |
| | | SB1186 | - 21 - | LRB098 05558 HEP 35595 b |
|
| 1 | | of records and
communications under this Section, shall have | 2 | | immunity from any liability,
civil, criminal or otherwise, that | 3 | | might result by reason of such action. For
the purpose of any | 4 | | proceeding, civil or criminal, arising out of a report or
| 5 | | disclosure under this Section, the good faith of any person, | 6 | | institution, or
agency so reporting or disclosing shall be | 7 | | presumed.
| 8 | | (Source: P.A. 96-466, eff. 8-14-09; 97-333, eff. 8-12-11; | 9 | | 97-375, eff. 8-15-11.)
|
|