Rep. Jennifer Gong-Gershowitz

Filed: 5/7/2021





10200SB1970ham001LRB102 17209 LNS 26266 a


2    AMENDMENT NO. ______. Amend Senate Bill 1970 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Mental Health and Developmental
5Disabilities Code is amended by adding Section 2-113.5 as
7    (405 ILCS 5/2-113.5 new)
8    Sec. 2-113.5. Receipt of information concerning a
9recipient. An inpatient mental health facility is required to
10accept information, orally or in writing, from the recipient's
11family and friends concerning the recipient's treatment for
12mental illness, including hospitalization history,
13medications, diagnoses, and behaviors related to the
14recipient's mental illness. The recipient shall be notified
15that the facility has received information under this Section
16and that he or she has the right to respond pursuant to



10200SB1970ham001- 2 -LRB102 17209 LNS 26266 a

1subsection (c) of Section 4 of the Mental Health and
2Developmental Disabilities Confidentiality Act. A medical
3professional shall use his or her professional judgment to
4determine whether to rely on any information provided under
5this Section.
6    Section 10. The Mental Health and Developmental
7Disabilities Confidentiality Act is amended by adding Section
85.5 as follows:
9    (740 ILCS 110/5.5 new)
10    Sec. 5.5. Limited access to basic mental health
12    (a) Each of the following individuals is entitled, upon
13request, to obtain the information listed in this Section
14pursuant to the procedures set forth in this Section if the
15individual resides with the recipient or is paying for the
16recipient's care:
17        (1) the parent of a recipient;
18        (2) the adult sibling of a recipient;
19        (3) the adult child of a recipient;
20        (4) the spouse of a recipient, if the spouse is
21    residing with the recipient; and
22        (5) the adult grandchild of the recipient.
23    (b) An individual listed under subsection (a) is entitled
24to information under this Section if:



10200SB1970ham001- 3 -LRB102 17209 LNS 26266 a

1        (1) the individual provides to the inpatient mental
2    health facility:
3            (i) proof of identification; and
4            (ii) a statement, in writing, that the individual
5        resides with the recipient or is paying for the
6        recipient's care, and the statement includes the
7        individual's name, address, phone number, and
8        relationship to the recipient, a declaration that
9        there is no current or pending order of protection
10        involving both the individual and the recipient, and,
11        if the individual is the spouse of the recipient, a
12        declaration that no action is pending between the
13        individual and the recipient under the Illinois
14        Marriage and Dissolution of Marriage Act; and
15        (2) the recipient's treating physician determines, in
16    writing and in the exercise of the physician's
17    professional judgment, that, at the time any disclosure is
18    made, the recipient lacks the capacity to make a reasoned
19    decision about the disclosure under Section 5 and that the
20    disclosure is in the recipient's best interest. When
21    making a decision regarding the recipient's best interest,
22    the physician shall give substantial consideration to any
23    prior instructions from a recipient identifying
24    individuals with whom the recipient's information may be
25    shared. No disclosure pursuant to this Section may be made
26    at any time when a recipient has the capacity to make a



10200SB1970ham001- 4 -LRB102 17209 LNS 26266 a

1    decision about the disclosure. If the recipient regains
2    the capacity to make a reasoned decision about the
3    disclosure while he or she is receiving treatment in the
4    facility, the facility shall notify the recipient of the
5    information disclosed and the person or persons to whom it
6    was disclosed.
7    (c) An individual listed under subsection (a) is entitled
8to access the following information:
9        (1) whether the recipient is located at the mental
10    health facility;
11        (2) plans for the discharge of the recipient,
12    including the anticipated date and time of the discharge,
13    if known, the address where the recipient will live, and
14    the plans, if any, for the provision of treatment in the
15    community following discharge for the mental health
16    condition or conditions for which the recipient was
17    receiving treatment at the inpatient mental health
18    facility, including, but not limited to, medication and
19    the identity of any person or agency that will be
20    providing treatment to the recipient; and
21        (3) if the mental health facility has filed a petition
22    for inpatient or outpatient commitment under Chapter III
23    of the Mental Health and Developmental Disabilities Code,
24    a copy of the petition.
25    (d) An individual who has received information under this
26Section shall not redisclose the information except as



10200SB1970ham001- 5 -LRB102 17209 LNS 26266 a

1necessary to provide for the recipient's care or payment for
2the recipient's care. The information shall be excluded from
3evidence in a proceeding and may not be used in any other way,
4unless it is being used to assert or prove that a person is
5subject to an involuntary admission on an inpatient or
6outpatient basis or whether psychotropic medication or
7electroconvulsive therapy may be administered under the Mental
8Health and Developmental Disabilities Code or to prove that a
9person is a person with a disability in need of an adult
10guardianship proceeding under Article XIa of the Probate Act
11of 1975.
12    (e) If access or modification of the information is
13requested, the request, the grounds for its acceptance or
14denial, and any action taken thereon shall be noted in the
15recipient's record.
16    (f) No information shall be disclosed under this Section
17if the recipient has either designated an agent under the
18Powers of Attorney for Health Care Law or an attorney-in-fact
19under the Mental Health Treatment Preference Declaration Act
20who is currently authorized to receive the information set
21forth in subsection (c).
22    (g) Any person who knowingly and willfully violates any
23provision of this Section is guilty of a Class A misdemeanor.
24    (h) Nothing in this Act shall be construed to violate 45
25CFR 106.203(b).".