Full Text of SB2657 103rd General Assembly
SB2657sam001 103RD GENERAL ASSEMBLY | Sen. Doris Turner Filed: 3/7/2024 | | 10300SB2657sam001 | | LRB103 35575 JRC 70387 a |
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| 1 | | AMENDMENT TO SENATE BILL 2657
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2657 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 changing | 6 | | Section 4 as follows: | 7 | | (740 ILCS 110/4) (from Ch. 91 1/2, par. 804) | 8 | | Sec. 4. (a) The following persons shall be entitled, upon | 9 | | request, to inspect and copy a recipient's record or any part | 10 | | thereof: | 11 | | (1) the parent or guardian of a recipient who is under | 12 | | 12 years of age; | 13 | | (2) the recipient if he is 12 years of age or older; | 14 | | (3) the parent or guardian of a recipient who is at | 15 | | least 12 but under 18 years, if the recipient is informed | 16 | | and does not object or if the therapist does not find that |
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| 1 | | there are compelling reasons for denying the access. The | 2 | | parent or guardian who is denied access by either the | 3 | | recipient or the therapist may petition a court for access | 4 | | to the record. Nothing in this paragraph is intended to | 5 | | prohibit the parent or guardian of a recipient who is at | 6 | | least 12 but under 18 years from requesting and receiving | 7 | | the following information: current physical and mental | 8 | | condition, diagnosis, treatment needs, services provided, | 9 | | and services needed, including medication, if any; | 10 | | (3.5) the personal representative under HIPAA, 45 CFR | 11 | | 164.502(g), of a recipient, regardless of the age of the | 12 | | recipient; | 13 | | (4) the guardian of a recipient who is 18 years or | 14 | | older; | 15 | | (5) an attorney or guardian ad litem who represents a | 16 | | minor 12 years of age or older in any judicial or | 17 | | administrative proceeding, provided that the court or | 18 | | administrative hearing officer has entered an order | 19 | | granting the attorney this right; | 20 | | (6) an agent appointed under a recipient's power of | 21 | | attorney for health care or for property, when the power | 22 | | of attorney authorizes the access; | 23 | | (7) an attorney-in-fact appointed under the Mental | 24 | | Health Treatment Preference Declaration Act; or | 25 | | (7.5) an investigator or attorney employed by the | 26 | | Department of Financial and Professional Regulation |
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| 1 | | investigating any provider of mental health or | 2 | | developmental disabilities services who is a licensee of | 3 | | the Department shall be entitled to inspect and copy a | 4 | | recipient's record or any part thereof upon the | 5 | | presentation of a Department subpoena. A subpoena for | 6 | | records issued to a federally assisted substance use | 7 | | disorder program as defined in 42 CFR 2.12(b) must be | 8 | | accompanied by a court order if required by 42 CFR 2.66. | 9 | | The Department shall notify recipients upon receiving | 10 | | records obtained via subpoena. Nothing in this Act | 11 | | prohibits the use of a recipient's records in an | 12 | | administrative proceeding conducted by the Department; or | 13 | | (8) any person in whose care and custody the recipient | 14 | | has been placed pursuant to Section 3-811 of the Mental | 15 | | Health and Developmental Disabilities Code. | 16 | | (b) Assistance in interpreting the record may be provided | 17 | | without charge and shall be provided if the person inspecting | 18 | | the record is under 18 years of age. However, access may in no | 19 | | way be denied or limited if the person inspecting the record | 20 | | refuses the assistance. A reasonable fee may be charged for | 21 | | duplication of a record. However, when requested to do so in | 22 | | writing by any indigent recipient, the custodian of the | 23 | | records shall provide at no charge to the recipient, or to the | 24 | | Guardianship and Advocacy Commission, the agency designated by | 25 | | the Governor under Section 1 of the Protection and Advocacy | 26 | | for Persons with Developmental Disabilities Act or to any |
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| 1 | | other not-for-profit agency whose primary purpose is to | 2 | | provide free legal services or advocacy for the indigent and | 3 | | who has received written authorization from the recipient | 4 | | under Section 5 of this Act to receive his records, one copy of | 5 | | any records in its possession whose disclosure is authorized | 6 | | under this Act. | 7 | | (c) Any person entitled to access to a record under this | 8 | | Section may submit a written statement concerning any disputed | 9 | | or new information, which statement shall be entered into the | 10 | | record. Whenever any disputed part of a record is disclosed, | 11 | | any submitted statement relating thereto shall accompany the | 12 | | disclosed part. Additionally, any person entitled to access | 13 | | may request modification of any part of the record which he | 14 | | believes is incorrect or misleading. If the request is | 15 | | refused, the person may seek a court order to compel | 16 | | modification. | 17 | | (d) Whenever access or modification is requested, the | 18 | | request and any action taken thereon shall be noted in the | 19 | | recipient's record. | 20 | | (Source: P.A. 103-474, eff. 1-1-24 .)". |
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