Full Text of SB1970 102nd General Assembly
SB1970ham003 102ND GENERAL ASSEMBLY | Rep. Jennifer Gong-Gershowitz Filed: 5/25/2021
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| 1 | | AMENDMENT TO SENATE BILL 1970
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1970 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Mental Health and Developmental | 5 | | Disabilities Confidentiality Act is amended by adding Section | 6 | | 5.5 as follows: | 7 | | (740 ILCS 110/5.5 new) | 8 | | Sec. 5.5. Limited access to basic inpatient mental health | 9 | | information. | 10 | | (a) For a recipient who is an inpatient of a mental health | 11 | | facility, an individual is eligible, upon request, to obtain | 12 | | the protected mental health information of the recipient that | 13 | | is directly relevant to that individual's involvement with the | 14 | | recipient's mental health care, or payment related to the | 15 | | recipient's mental health care, subject to the conditions set | 16 | | forth in Section (b), if the individual: |
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| 1 | | (1) provides proof of identity to the mental health | 2 | | facility; and | 3 | | (2) provides a statement in writing that: | 4 | | (A) declares that there is no current or pending | 5 | | order of protection involving both the individual and | 6 | | the recipient; | 7 | | (B) if the individual is the recipient's spouse, | 8 | | declares that no action is pending between the | 9 | | individual and the recipient under the Illinois | 10 | | Marriage and Dissolution of Marriage Act or any | 11 | | substantially similar federal or other state | 12 | | dissolution of marriage statute; and | 13 | | (C) provides evidence sufficient to establish the | 14 | | individual's participation in the recipient's care or | 15 | | payment for the recipient's care; factors that may be | 16 | | considered to establish the individual's involvement | 17 | | in a recipient's care include, but are not limited to: | 18 | | (i) the individual resides at the same address | 19 | | as the recipient; | 20 | | (ii) the individual regularly assists the | 21 | | recipient in scheduling and attending appointments | 22 | | with mental health care providers, including | 23 | | mental health residential providers, and gives the | 24 | | name and contact information of those mental | 25 | | health care or residential providers, or | 26 | | alternatively provides documentation that the |
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| 1 | | individual has paid for services to those mental | 2 | | health care or residential providers; | 3 | | (iii) the individual regularly assists the | 4 | | recipient in filling prescriptions for medication | 5 | | relating to the recipient's mental health | 6 | | condition and gives the name and contact | 7 | | information of the prescribing provider, or | 8 | | alternatively provides documentation that the | 9 | | individual has paid for prescriptions related to | 10 | | the recipient's mental health condition from the | 11 | | prescribing provider; | 12 | | (iv) the individual is an adult and is the | 13 | | recipient's parent, spouse, sibling, child, or | 14 | | grandchild; | 15 | | (v) the individual has been identified as an | 16 | | emergency contact for the recipient; and | 17 | | (vi) the individual provides documentation | 18 | | that the individual holds the health insurance | 19 | | policy under which the recipient is a beneficiary | 20 | | with respect to mental health care. | 21 | | (b) An individual who satisfies the requirements of | 22 | | Section (a) is eligible to receive information under this | 23 | | Section if, at the time any disclosure is made, the | 24 | | recipient's treating physician has determined, after thorough | 25 | | clinical assessment by the treatment team, (i) that the | 26 | | recipient lacks the capacity to make a reasoned decision about |
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| 1 | | the disclosure under Section 5, (ii) the treating physician is | 2 | | able to determine in the exercise of the physician's | 3 | | professional judgment that the recipient is not at risk of | 4 | | abuse or neglect as a result of the disclosure, and (iii) that | 5 | | the disclosure is in the recipient's best interest. When | 6 | | making a decision regarding the recipient's best interest, the | 7 | | physician shall give substantial consideration to any prior | 8 | | instructions from a recipient identifying individuals with | 9 | | whom the recipient's information may be shared. No disclosure | 10 | | pursuant to this Section may be made at any time when a | 11 | | recipient has the capacity to make a decision about the | 12 | | disclosure. | 13 | | (c) Whenever the disclosure of any information is made | 14 | | without consent pursuant to this Section, (i) the recipient | 15 | | shall be provided with written notification of the disclosure | 16 | | and afforded the opportunity to designate an agent under the | 17 | | Powers of Attorney for Health Care Law or an attorney-in-fact | 18 | | under the Mental Health Treatment Preference Declaration Act, | 19 | | and (ii) a notation of the information disclosed and the | 20 | | purpose of the disclosure or use shall be noted in the | 21 | | recipient's record together with the date and name of the | 22 | | person to whom the disclosure was made. | 23 | | (d) This Section allows for the exchange of information | 24 | | only when the requirements of this Section are met and the | 25 | | recipient lacks the capacity for informed consent. Once the | 26 | | recipient regains the capacity for informed consent, this |
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| 1 | | Section no longer applies and any allowance for the exchange | 2 | | of information authorized under this Section between | 3 | | individuals and medical personnel is terminated. | 4 | | (e) An individual who receives information pursuant to | 5 | | this Section is eligible to access the following information | 6 | | only to the extent that such information is directly relevant | 7 | | to the individual's involvement with the recipient's care or | 8 | | payment related to the recipient's health care or needed for | 9 | | notification purposes. Such information is limited to the | 10 | | following: | 11 | | (1) whether the recipient is located at the inpatient | 12 | | mental health facility; and | 13 | | (2) plans for the discharge of the recipient to the | 14 | | extent the treating physician is able to determine that | 15 | | there is no risk to the recipient of abuse, harassment, or | 16 | | harm in providing the information, which may include the | 17 | | anticipated date and time of the discharge, if known, the | 18 | | address where the recipient will live, and the plans, if | 19 | | any, for the provision of treatment in the community | 20 | | following discharge for the mental health condition or | 21 | | conditions for which the recipient was receiving treatment | 22 | | at the inpatient mental health facility, including, but | 23 | | not limited to, psychotropic medication related to the | 24 | | recipient's mental health condition and the identity of | 25 | | any person or agency expected to provide treatment to the | 26 | | recipient. |
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| 1 | | (f) An individual who has received information under this | 2 | | Section shall not redisclose the information except as | 3 | | necessary to provide for the recipient's care or payment for | 4 | | the recipient's care. The information shall be excluded from | 5 | | evidence in a proceeding and may not be used in any other way, | 6 | | unless it is being used to assert or prove that a recipient is | 7 | | a person with a disability in need of a limited or plenary | 8 | | guardian under Article XIa of the Probate Act of 1975. | 9 | | (g) If access or modification of the information is | 10 | | requested, the request, the grounds for its acceptance or | 11 | | denial, and any action taken thereon, including what | 12 | | information was disclosed, shall be noted in the recipient's | 13 | | record. | 14 | | (h) No information shall be disclosed under this Section | 15 | | if the recipient has either designated an agent under the | 16 | | Powers of Attorney for Health Care Law or an attorney-in-fact | 17 | | under the Mental Health Treatment Preference Declaration Act | 18 | | who is currently authorized to receive the information set | 19 | | forth in subsection (e). | 20 | | (i) Any person who knowingly and willfully violates any | 21 | | provision of this Section is guilty of a Class A misdemeanor. | 22 | | (j) Nothing in this Section shall be interpreted to allow | 23 | | a disclosure that is otherwise prohibited under any other | 24 | | State law or any federal law concerning informed consent. ".
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