Full Text of HB4090 99th General Assembly
HB4090enr 99TH 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 11, 12.1, and 12.2 as follows:
| 7 | | (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
| 8 | | Sec. 11. Disclosure of records and communications. Records | 9 | | and
communications may be disclosed:
| 10 | | (i) in accordance with the provisions of the
Abused and | 11 | | Neglected Child Reporting Act, subsection (u) of Section 5 | 12 | | of the Children and Family Services Act, or Section 7.4 of | 13 | | the Child Care Act of 1969;
| 14 | | (ii) when, and to the extent, a
therapist, in his or | 15 | | her sole discretion, determines that disclosure is
| 16 | | necessary to initiate or continue civil commitment or | 17 | | involuntary treatment proceedings under the laws
of this | 18 | | State or to otherwise protect the recipient or other person | 19 | | against a
clear, imminent risk of serious physical or | 20 | | mental injury or disease or death
being inflicted upon the | 21 | | recipient or by the recipient on himself or another;
| 22 | | (iii) when, and to the extent disclosure is, in the | 23 | | sole discretion of the
therapist, necessary to the |
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| 1 | | provision of emergency medical care to a recipient
who is | 2 | | unable to assert or waive his or her rights hereunder;
| 3 | | (iv) when
disclosure is necessary to collect sums or | 4 | | receive third
party payment representing charges for | 5 | | mental health or developmental
disabilities services | 6 | | provided by a therapist or agency to a recipient
under | 7 | | Chapter V of the Mental Health and Developmental | 8 | | Disabilities Code or to
transfer debts under the | 9 | | Uncollected State Claims Act; however, disclosure
shall be | 10 | | limited to information needed to pursue collection, and the
| 11 | | information so disclosed shall not be used for any other | 12 | | purposes nor shall it
be redisclosed except in connection | 13 | | with collection activities;
| 14 | | (v) when
requested by a family member, the Department | 15 | | of Human Services may assist in
the location of the | 16 | | interment site of a deceased recipient who is interred in a
| 17 | | cemetery established under Section 26 of the Mental Health | 18 | | and
Developmental Disabilities Administrative Act;
| 19 | | (vi) in judicial proceedings
under Article VIII of | 20 | | Chapter III and Article V of Chapter IV of the Mental
| 21 | | Health and Developmental Disabilities Code and proceedings | 22 | | and investigations
preliminary thereto, to the State's | 23 | | Attorney for the county or residence of a
person who is the | 24 | | subject of such proceedings, or in which the person is | 25 | | found,
or in which the facility is located, to the attorney | 26 | | representing the petitioner in the judicial proceedings, |
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| 1 | | to the attorney representing the recipient
in the judicial | 2 | | proceedings, to any person or agency providing mental | 3 | | health
services that are the subject of the proceedings and | 4 | | to that person's or
agency's attorney, to any court | 5 | | personnel, including but not limited to judges
and circuit | 6 | | court clerks, and to a guardian ad litem if one has been | 7 | | appointed
by the court. Information disclosed under this | 8 | | subsection shall not be utilized
for any other purpose nor | 9 | | be redisclosed except in connection with the
proceedings or | 10 | | investigations. Copies of any records provided to counsel | 11 | | for a petitioner shall be deleted or destroyed at the end | 12 | | of the proceedings and counsel for petitioner shall certify | 13 | | to the court in writing that he or she has done so. At the | 14 | | request of a recipient or his or her counsel, the court | 15 | | shall issue a protective order insuring the | 16 | | confidentiality of any records or communications provided | 17 | | to counsel for a petitioner;
| 18 | | (vii) when, and to the extent disclosure is
necessary | 19 | | to comply with the requirements of the Census Bureau in | 20 | | taking the
federal Decennial Census;
| 21 | | (viii) when, and to the extent, in the
therapist's sole | 22 | | discretion, disclosure is necessary to warn or protect a
| 23 | | specific individual against whom a recipient has made a | 24 | | specific threat of
violence where there exists a | 25 | | therapist-recipient relationship or a special
| 26 | | recipient-individual relationship;
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| 1 | | (ix) in accordance with the Sex Offender
Registration | 2 | | Act;
| 3 | | (x) in accordance with the Rights of Crime Victims and
| 4 | | Witnesses Act; | 5 | | (xi) in accordance with Section 6 of the Abused and | 6 | | Neglected Long Term Care Facility Residents Reporting Act; | 7 | | (xii) in accordance with Section 55 of the Abuse of | 8 | | Adults with Disabilities Intervention Act; and
| 9 | | (xiii) to an HIE as specifically allowed under this Act | 10 | | for HIE purposes and in accordance with any applicable | 11 | | requirements of the HIE ; and . | 12 | | (xiv) to a law enforcement agency in connection with | 13 | | the investigation or recovery of a person who has left a | 14 | | mental health or developmental disability facility as | 15 | | defined in Section 1-107 or 1-114 of the Mental Health and | 16 | | Developmental Disabilities Code or the custody of the | 17 | | Department of Human Services without being duly discharged | 18 | | or being free to do so; however, disclosure shall be | 19 | | limited to
identifying information as defined in Section | 20 | | 12.2 of this Act. | 21 | | Any person, institution, or agency, under
this Act, | 22 | | participating in good faith in the making of a report under the
| 23 | | Abused and Neglected Child Reporting Act or in the disclosure | 24 | | of records and
communications under this Section, shall have | 25 | | immunity from any liability,
civil, criminal or otherwise, that | 26 | | might result by reason of such action. For
the purpose of any |
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| 1 | | proceeding, civil or criminal, arising out of a report or
| 2 | | disclosure under this Section, the good faith of any person, | 3 | | institution, or
agency so reporting or disclosing shall be | 4 | | presumed.
| 5 | | (Source: P.A. 97-333, eff. 8-12-11; 97-375, eff. 8-15-11; | 6 | | 98-378, eff. 8-16-13.)
| 7 | | (740 ILCS 110/12.1) (from Ch. 91 1/2, par. 812.1)
| 8 | | Sec. 12.1.
A facility director or Department of Human | 9 | | Services employee who has reason to believe that a violation
of | 10 | | criminal law or other serious incident has occurred within a | 11 | | mental
health or developmental disability facility or while | 12 | | transporting a patient to or from a mental health or | 13 | | developmental disability facility shall report that violation | 14 | | or
incident and the identity of individuals with personal | 15 | | knowledge of the
facts related to the violation or incident to | 16 | | the appropriate law
enforcement and investigating agencies.
| 17 | | In the course of any investigation conducted pursuant to a | 18 | | report made
under this Section, any person with personal | 19 | | knowledge of the incident or
the circumstances surrounding the | 20 | | incident shall disclose that information
to the individuals | 21 | | conducting the investigation, except that
information | 22 | | regarding a recipient of services shall be limited solely to | 23 | | identifying information as defined in Section 12.2 of this Act | 24 | | as well as
information relating to the factual circumstances of | 25 | | the incident.
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| 1 | | (Source: P.A. 86-1417.)
| 2 | | (740 ILCS 110/12.2) (from Ch. 91 1/2, par. 812.2)
| 3 | | Sec. 12.2.
(a) When a recipient who has been judicially or | 4 | | involuntarily
admitted, or is a forensic recipient admitted to | 5 | | a developmental disability
or mental health facility, as | 6 | | defined in Section 1-107 or 1-114 of the
Mental Health and | 7 | | Developmental Disabilities Code, is on an unauthorized
absence | 8 | | or otherwise has left the custody of the Department of Human | 9 | | Services facility without being discharged or
being free to do | 10 | | so, the facility director shall immediately furnish and
| 11 | | disclose to the appropriate local law enforcement agency | 12 | | identifying
information, as defined in this Section, and all | 13 | | further information
unrelated to the diagnosis, treatment or | 14 | | evaluation of the recipient's
mental or physical health that | 15 | | would aid the law enforcement agency in recovering
locating and | 16 | | apprehending the recipient and returning him or her to custody | 17 | | the facility . When a forensic recipient is on an unauthorized | 18 | | absence or otherwise has left the custody of the Department | 19 | | facility without being discharged or being free to do so, the | 20 | | facility director, or designee, of a mental health facility or | 21 | | developmental facility operated by the Department shall also | 22 | | immediately notify, in like manner, the Department of State | 23 | | Police.
| 24 | | (b) If a law enforcement agency requests information from a
| 25 | | developmental disability or mental health facility, as defined |
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| 1 | | in Section
1-107 or 1-114 of the Mental Health and | 2 | | Developmental Disabilities Code,
relating to a recipient who | 3 | | has been admitted to the facility
and for whom a missing person | 4 | | report has been filed with a law enforcement
agency, the | 5 | | facility director shall, except in the case of a voluntary
| 6 | | recipient wherein the recipient's permission in writing must | 7 | | first be
obtained, furnish and disclose to the law enforcement | 8 | | agency identifying
information as is necessary to confirm or | 9 | | deny whether that person is, or
has been since the missing | 10 | | person report was filed, a resident of that
facility. The | 11 | | facility director shall notify the law enforcement agency if
| 12 | | the missing person is admitted after the request. Any person | 13 | | participating
in good faith in the disclosure of information in | 14 | | accordance with this
provision shall have immunity from any | 15 | | liability, civil, criminal, or
otherwise, if the information is | 16 | | disclosed relying upon the representation
of an officer of a | 17 | | law enforcement agency that a missing person report has
been | 18 | | filed.
| 19 | | (c) Upon the request of a law enforcement agency in | 20 | | connection with the
investigation of a particular felony or sex | 21 | | offense, when the investigation
case file number is furnished | 22 | | by the law enforcement agency, a facility
director shall | 23 | | immediately disclose to that law enforcement agency
| 24 | | identifying information on any forensic recipient who is | 25 | | admitted to
a developmental disability or mental health | 26 | | facility, as defined in Section
1-107 or 1-114 of the Mental |
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| 1 | | Health and Developmental Disabilities Code,
who was or may have | 2 | | been away from the facility at or about the time of the
| 3 | | commission of a particular felony or sex offense, and: (1) | 4 | | whose
description, clothing, or both reasonably match the | 5 | | physical description of
any person allegedly involved in that | 6 | | particular felony or sex offense; or
(2) whose past modus | 7 | | operandi matches the modus operandi of that particular
felony | 8 | | or sex offense.
| 9 | | (d) For the purposes of this Section and Section 12.1, "law
| 10 | | enforcement agency" means an agency of the State or unit of | 11 | | local
government that is vested by law or ordinance with the | 12 | | duty to maintain
public order and to enforce criminal laws or | 13 | | ordinances, the Federal
Bureau of Investigation, the Central | 14 | | Intelligence Agency, and the United
States Secret Service.
| 15 | | (e) For the purpose of this Section, "identifying | 16 | | information" means
the name, address, age, and a physical | 17 | | description, including clothing,
of the recipient of services, | 18 | | the names and addresses of the
recipient's nearest known | 19 | | relatives, where the recipient was known to have been
during | 20 | | any past unauthorized absences from a facility, whether the
| 21 | | recipient may be suicidal, and the condition of the recipient's | 22 | | physical
health as it relates to exposure to the weather. | 23 | | Except as provided in
Section 11, in no case shall the facility | 24 | | director disclose to the law
enforcement agency any information | 25 | | relating to the diagnosis, treatment, or
evaluation of the | 26 | | recipient's mental or physical health, unless the
disclosure is |
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| 1 | | deemed necessary by the facility director to insure the
safety | 2 | | of the investigating officers or general public.
| 3 | | (f) For the purpose of this Section, "forensic recipient" | 4 | | means a
recipient who is placed in a developmental disability | 5 | | facility or mental
health facility, as defined in Section 1-107 | 6 | | or 1-114 of the Mental Health
and Developmental Disabilities | 7 | | Code, pursuant to Article 104 of the Code of
Criminal Procedure | 8 | | of 1963 or Sections 3-8-5, 3-10-5 or 5-2-4 of the Unified Code
| 9 | | of Corrections.
| 10 | | (Source: P.A. 98-756, eff. 7-16-14.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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