Full Text of SB0818 99th General Assembly
SB0818enr 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 2 and 3 as follows:
| 7 | | (740 ILCS 110/2) (from Ch. 91 1/2, par. 802)
| 8 | | Sec. 2.
The terms used in this Act, unless the context | 9 | | requires otherwise,
have the meanings ascribed to them in this | 10 | | Section.
| 11 | | "Agent" means a person who has been legally appointed as an | 12 | | individual's
agent under a power of attorney for health care or | 13 | | for property.
| 14 | | "Business associate" has the meaning ascribed to it under | 15 | | HIPAA, as specified in 45 CFR 160.103. | 16 | | "Confidential communication" or "communication" means any | 17 | | communication
made by a recipient or other person to a | 18 | | therapist or to or in the presence of
other persons during or | 19 | | in connection with providing mental health or
developmental | 20 | | disability services to a recipient. Communication includes
| 21 | | information which indicates that a person is a recipient. | 22 | | "Communication" does not include information that has been | 23 | | de-identified in accordance with HIPAA, as specified in 45 CFR |
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| 1 | | 164.514.
| 2 | | "Covered entity" has the meaning ascribed to it under | 3 | | HIPAA, as specified in 45 CFR 160.103. | 4 | | "Guardian" means a legally appointed guardian or | 5 | | conservator of the
person.
| 6 | | "Health information exchange" or "HIE" means a health | 7 | | information exchange or health information organization that | 8 | | oversees and governs the electronic exchange of health | 9 | | information that (i) is established pursuant to the Illinois | 10 | | Health Information Exchange and Technology Act, or any | 11 | | subsequent amendments thereto, and any administrative rules | 12 | | promulgated thereunder; or
(ii) has established a data sharing | 13 | | arrangement with the Illinois Health Information Exchange; or
| 14 | | (iii) as of the effective date of this amendatory Act of the | 15 | | 98th General Assembly, was designated by the Illinois Health | 16 | | Information Exchange Authority Board as a member of, or was | 17 | | represented on, the Authority Board's Regional Health | 18 | | Information Exchange Workgroup; provided that such designation | 19 | | shall not require the establishment of a data sharing | 20 | | arrangement or other participation with the Illinois Health | 21 | | Information Exchange or the payment of any fee. | 22 | | "HIE purposes" means those uses and disclosures (as those | 23 | | terms are defined under HIPAA, as specified in 45 CFR 160.103) | 24 | | for activities of an HIE: (i) set forth in the Illinois Health | 25 | | Information Exchange and Technology Act or any subsequent | 26 | | amendments thereto and any administrative rules promulgated |
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| 1 | | thereunder; or (ii) which are permitted under federal law. | 2 | | "HIPAA" means the Health Insurance Portability and | 3 | | Accountability Act of 1996, Public Law 104-191, and any | 4 | | subsequent amendments thereto and any regulations promulgated | 5 | | thereunder, including the Security Rule, as specified in 45 CFR | 6 | | 164.302-18, and the Privacy Rule, as specified in 45 CFR | 7 | | 164.500-34. | 8 | | "Integrated health system" means an organization with a | 9 | | system of care which incorporates physical and behavioral | 10 | | healthcare and includes care delivered in an inpatient and | 11 | | outpatient setting. | 12 | | "Interdisciplinary team" means a group of persons | 13 | | representing different clinical disciplines, such as medicine, | 14 | | nursing, social work, and psychology, providing and | 15 | | coordinating the care and treatment for a recipient of mental | 16 | | health or developmental disability services. The group may be | 17 | | composed of individuals employed by one provider or multiple | 18 | | providers. | 19 | | "Mental health or developmental disabilities services" or | 20 | | "services"
includes but is not limited to examination, | 21 | | diagnosis, evaluation, treatment,
training, pharmaceuticals, | 22 | | aftercare, habilitation or rehabilitation.
| 23 | | "Personal notes" means:
| 24 | | (i) information disclosed to the therapist in | 25 | | confidence by
other persons on condition that such | 26 | | information would never be disclosed
to the recipient or |
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| 1 | | other persons;
| 2 | | (ii) information disclosed to the therapist by the | 3 | | recipient
which would be injurious to the recipient's | 4 | | relationships to other persons, and
| 5 | | (iii) the therapist's speculations, impressions, | 6 | | hunches, and reminders.
| 7 | | "Parent" means a parent or, in the absence of a parent or | 8 | | guardian,
a person in loco parentis.
| 9 | | "Recipient" means a person who is receiving or has received | 10 | | mental
health or developmental disabilities services.
| 11 | | "Record" means any record kept by a therapist or by an | 12 | | agency in the
course of providing mental health or | 13 | | developmental disabilities service
to a recipient concerning | 14 | | the recipient and the services provided.
"Records" includes all | 15 | | records maintained by a court that have been created
in | 16 | | connection with,
in preparation for, or as a result of the | 17 | | filing of any petition or certificate
under Chapter II, Chapter | 18 | | III, or Chapter IV
of the Mental Health and Developmental | 19 | | Disabilities Code and includes the
petitions, certificates, | 20 | | dispositional reports, treatment plans, and reports of
| 21 | | diagnostic evaluations and of hearings under Article VIII of | 22 | | Chapter III or under Article V of Chapter IV of that Code. | 23 | | Record
does not include the therapist's personal notes, if such | 24 | | notes are kept in
the therapist's sole possession for his own | 25 | | personal use and are not
disclosed to any other person, except | 26 | | the therapist's supervisor,
consulting therapist or attorney. |
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| 1 | | If at any time such notes are disclosed,
they shall be | 2 | | considered part of the recipient's record for purposes of
this | 3 | | Act. "Record" does not include information that has been | 4 | | de-identified in accordance with HIPAA, as specified in 45 CFR | 5 | | 164.514. "Record" does not include a reference to the receipt | 6 | | of mental health or developmental disabilities services noted | 7 | | during a patient history and physical or other summary of care.
| 8 | | "Record custodian" means a person responsible for | 9 | | maintaining a
recipient's record.
| 10 | | "Therapist" means a psychiatrist, physician, psychologist, | 11 | | social
worker, or nurse providing mental health or | 12 | | developmental disabilities services
or any other person not | 13 | | prohibited by law from providing such services or
from holding | 14 | | himself out as a therapist if the recipient reasonably believes
| 15 | | that such person is permitted to do so. Therapist includes any | 16 | | successor
of the therapist. | 17 | | "Therapeutic relationship" means the receipt by a | 18 | | recipient of mental health or developmental disabilities | 19 | | services from a therapist. "Therapeutic relationship" does not | 20 | | include independent evaluations for a purpose other than the | 21 | | provision of mental health or developmental disabilities | 22 | | services.
| 23 | | (Source: P.A. 98-378, eff. 8-16-13.)
| 24 | | (740 ILCS 110/3) (from Ch. 91 1/2, par. 803)
| 25 | | Sec. 3.
(a) All records and communications shall be |
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| 1 | | confidential and shall
not be disclosed except as provided in | 2 | | this Act. Unless otherwise expressly provided for in this Act, | 3 | | records and communications made or created in the course of | 4 | | providing mental health or developmental disabilities services | 5 | | shall be protected from disclosure regardless of whether the | 6 | | records and communications are made or created in the course of | 7 | | a therapeutic relationship.
| 8 | | (b) A therapist is not required to but may, to the extent | 9 | | he determines
it necessary and appropriate, keep personal notes | 10 | | regarding a recipient.
Such personal notes are the work product | 11 | | and personal property of the therapist
and shall not be subject | 12 | | to discovery in any judicial, administrative or
legislative | 13 | | proceeding or any proceeding preliminary thereto.
| 14 | | (c) Psychological test material whose disclosure would | 15 | | compromise the
objectivity or fairness of the testing process | 16 | | may not be disclosed to
anyone including the subject of the | 17 | | test and is not subject to disclosure
in any administrative, | 18 | | judicial or legislative proceeding. However, any
recipient who | 19 | | has been the subject of the psychological test shall have the
| 20 | | right to have all records relating to that test disclosed to | 21 | | any
psychologist designated by the recipient. Requests for such | 22 | | disclosure
shall be in writing and shall comply with the | 23 | | requirements of subsection
(b) of Section 5 of this Act.
| 24 | | (Source: P.A. 86-1417.)
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