Full Text of HB4886 100th General Assembly
HB4886ham001 100TH GENERAL ASSEMBLY | Rep. Laura Fine Filed: 4/23/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4886
| 2 | | AMENDMENT NO. ______. Amend House Bill 4886 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Access to Basic Mental Health Information Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Mental health facility" has the meaning ascribed to that | 8 | | term in Section 1-114 of the Mental Health and Developmental | 9 | | Disabilities Code. | 10 | | "Physician" has the meaning ascribed to that term in | 11 | | Section 1-120 of the Mental Health and Developmental | 12 | | Disabilities Code. | 13 | | "Recipient" has the meaning ascribed to the term "recipient | 14 | | of services" in Section 1-123 of the Mental Health and | 15 | | Developmental Disabilities Code, but for purposes of this Act | 16 | | is limited to persons 18 years of age or older and subject to |
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| 1 | | involuntary admission in an inpatient facility under Articles | 2 | | VII and VII-A of Chapter III of the Mental Health and | 3 | | Developmental Disabilities Code. | 4 | | Section 10. Access to information. | 5 | | (a) An individual may obtain the information identified in | 6 | | subsection (e) regarding a recipient in a mental health | 7 | | facility if the requirements of subsection (b) are met and the | 8 | | individual provides the mental health facility with a signed | 9 | | written statement that: declares that the individual is | 10 | | directly involved in the recipient's care or in paying for the | 11 | | recipient's care; sets forth a description of the individual's | 12 | | involvement in the recipient's care or payment for such care; | 13 | | and declares that the individual is: | 14 | | (1) the parent of a recipient; | 15 | | (2) the adult sibling of a recipient; | 16 | | (3) the adult child of a recipient; | 17 | | (4) the spouse of a recipient; or | 18 | | (5) the adult grandchild of the recipient. | 19 | | (b) An individual listed in subsection (a) is not entitled | 20 | | to receive the information identified in subsection (e) from | 21 | | the mental health facility unless: | 22 | | (1) the recipient expressly agrees to the | 23 | | communication as provided in Section 5 of the Mental Health | 24 | | and Developmental Disabilities Confidentiality Act; | 25 | | (2) the recipient has the means and capacity to |
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| 1 | | communicate; is expressly asked within 24 hours before the | 2 | | disclosure of information to the individual whether the | 3 | | recipient objects to the disclosure of the information to | 4 | | the individual; and the recipient affirmatively indicates | 5 | | that he or she has no objection to disclosure of the | 6 | | information to the individual; or | 7 | | (3) the recipient is unconscious or lacks capacity due | 8 | | to intoxicants or temporary psychosis, and the physician at | 9 | | the mental health facility determines, in his or her | 10 | | professional judgment, that sharing the information would | 11 | | be in the recipient's best interest. | 12 | | (c) If any individual or individuals are provided | 13 | | information by a mental health facility pursuant to paragraph | 14 | | (3) of subsection (b) of this Section, within a reasonable time | 15 | | after the recipient regains consciousness or capacity, the | 16 | | mental health facility, through its employees or agents, shall | 17 | | notify the recipient of all communications made to any | 18 | | individual or individuals pursuant to paragraph (3) of | 19 | | subsection (b) and shall identify every individual who received | 20 | | information pursuant to paragraph (3) of subsection (b). No | 21 | | further communication of information by the mental health | 22 | | facility to any individual after the recipient regains | 23 | | consciousness or capacity shall occur unless there is | 24 | | compliance with one of the other provisions of subsection (b). | 25 | | (d) An individual requesting information must submit to the | 26 | | mental health facility proof of identification and list his or |
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| 1 | | her name, address, phone number, and relationship to the | 2 | | recipient. | 3 | | (e) The mental health facility shall provide the following | 4 | | information to an individual entitled to information under | 5 | | subsection (a) only if: | 6 | | (1) the mental health facility has taken reasonable | 7 | | steps to ascertain that release of the information to the | 8 | | individual will not be damaging to the recipient or | 9 | | contrary to the recipient's best interests, including, but | 10 | | not limited to, asking the recipient and the family member | 11 | | whether there are any adverse legal actions between them or | 12 | | any other reasons that the family member should not receive | 13 | | the information; and | 14 | | (2) the information disclosed is directly relevant to | 15 | | the individual's ongoing involvement with the recipient's | 16 | | care or payment for the recipient's care, as identified in | 17 | | the written statement provided pursuant to subsection (a), | 18 | | and is limited to the minimum information of the following | 19 | | that is necessary to accomplish the intended purpose of the | 20 | | disclosure: | 21 | | (A) whether the recipient is located at the mental | 22 | | health facility; | 23 | | (B) current physical and mental condition; | 24 | | (C) diagnosis; | 25 | | (D) treatment needs; | 26 | | (E) services provided; |
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| 1 | | (F) services needed, including medication, if any; | 2 | | (G) discharge planning or continuity of care, if | 3 | | applicable; and | 4 | | (H) if clinically appropriate, a physician's | 5 | | report as provided under the adult guardianship | 6 | | proceeding under Section 11a-9 of the Probate Act of | 7 | | 1975 or an Inpatient Certificate or Outpatient | 8 | | Certificate under Article VI, VII, or VII-A of Chapter | 9 | | III of the Mental Health and Developmental | 10 | | Disabilities Code. | 11 | | (f) Regardless of any individual's ability to receive | 12 | | information from the mental health facility pursuant to this | 13 | | Act, a mental health facility may receive tendered, relevant | 14 | | information, either orally or in writing, regarding a recipient | 15 | | from the recipient's family and friends, including, but not | 16 | | limited to, information about the recipient's past | 17 | | hospitalizations, medication, behaviors, and other information | 18 | | relevant to the recipient's mental health treatment. | 19 | | (g) Whenever access to information is requested, the | 20 | | request, the grounds for its acceptance or denial, and any | 21 | | action taken thereon shall be noted in the recipient's record. | 22 | | The mental health facility shall also notify the recipient of | 23 | | any request to access information, the request, the date of the | 24 | | request, the grounds for its acceptance or denial, the name and | 25 | | contact information of the individual or individuals who made | 26 | | the request, and any action taken within a reasonable time of |
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| 1 | | the initial request. | 2 | | (h) An individual entitled to information under this Act | 3 | | shall not use the information provided by the mental health | 4 | | facility regarding the recipient in any legal proceedings or in | 5 | | any other transaction to the individual's advantage or the | 6 | | recipient's disadvantage. The information shall be excluded | 7 | | from evidence in any legal proceedings unless it is being used | 8 | | to assert or prove that a person is subject to an involuntary | 9 | | admission under Articles VII and VII-A of Chapter III of the | 10 | | Mental Health and Developmental Disabilities Code or to prove | 11 | | that a person is a person with a disability in need of an adult | 12 | | guardianship in a proceeding under Article XIa of the Probate | 13 | | Act of 1975. An individual provided information by a mental | 14 | | health facility pursuant to the terms of this Act shall not | 15 | | disclose such information to any other person or entity unless | 16 | | the disclosure is directly related to the individual's ongoing | 17 | | involvement with the recipient's care or payment for the | 18 | | recipient's care. | 19 | | (i) Any recipient aggrieved by the use or disclosure of | 20 | | information received from a mental health facility by an | 21 | | individual entitled to information under this Act that operates | 22 | | to the individual's advantage or to the recipient's | 23 | | disadvantage or detriment may recover for each intentional or | 24 | | reckless violation of subsection (h) of this Section: | 25 | | (1) liquidated damages of $2,000 or actual damages, | 26 | | whichever is greater; |
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| 1 | | (2) reasonable attorney's fees; and | 2 | | (3) such other relief, including an injunction, as the | 3 | | court may deem appropriate. | 4 | | (j) A mental health facility and its employees or agents | 5 | | are not liable for any action under this Act, including, but | 6 | | not limited to, the release of information to a third party in | 7 | | compliance with this Act, unless the release was an intentional | 8 | | or reckless violation of this Act. | 9 | | (k) Nothing in this Act constitutes an infringement on an | 10 | | individual's right to obtain mental health records of the | 11 | | recipient if the individual has another right to the mental | 12 | | health records by law, regulation, or consent of the recipient. | 13 | | (j) This Act supersedes Sections 2-101.1 and 2-113 of the | 14 | | Mental Health and Developmental Disabilities Code and any other | 15 | | law that would be viewed to limit the access of an individual | 16 | | listed in subsection (a) to the information set forth in | 17 | | subsection (e) only to the extent inconsistent with this Act.".
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