Illinois Compiled Statutes
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740 ILCS 110/2
(740 ILCS 110/2)
(from Ch. 91 1/2, par. 802)
The terms used in this Act, unless the context requires otherwise,
have the meanings ascribed to them in this Section.
"Agent" means a person who has been legally appointed as an individual's
agent under a power of attorney for health care or for property.
"Business associate" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103.
"Confidential communication" or "communication" means any communication
made by a recipient or other person to a therapist or to or in the presence of
other persons during or in connection with providing mental health or
developmental disability services to a recipient. Communication includes
information which indicates that a person is a recipient. "Communication" does not include information that has been de-identified in accordance with HIPAA, as specified in 45 CFR 164.514.
"Covered entity" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 160.103.
"Guardian" means a legally appointed guardian or conservator of the
"Health information exchange" or "HIE" means a health information exchange or health information organization that oversees and governs the electronic exchange of health information that (i) is established pursuant to the Illinois Health Information Exchange and Technology Act, or any subsequent amendments thereto, and any administrative rules promulgated thereunder; or
(ii) has established a data sharing arrangement with the Illinois Health Information Exchange; or
(iii) as of the effective date of this amendatory Act of the 98th General Assembly, was designated by the Illinois Health Information Exchange Office Board as a member of, or was represented on, the Office Board's Regional Health Information Exchange Workgroup; provided that such designation shall not require the establishment of a data sharing arrangement or other participation with the Illinois Health Information Exchange or the payment of any fee.
"HIE purposes" means those uses and disclosures (as those terms are defined under HIPAA, as specified in 45 CFR 160.103) for activities of an HIE: (i) set forth in the Illinois Health Information Exchange and Technology Act or any subsequent amendments thereto and any administrative rules promulgated thereunder; or (ii) which are permitted under federal law.
"HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any subsequent amendments thereto and any regulations promulgated thereunder, including the Security Rule, as specified in 45 CFR 164.302-18, and the Privacy Rule, as specified in 45 CFR 164.500-34.
"Integrated health system" means an organization with a system of care which incorporates physical and behavioral healthcare and includes care delivered in an inpatient and outpatient setting.
"Interdisciplinary team" means a group of persons representing different clinical disciplines, such as medicine, nursing, social work, and psychology, providing and coordinating the care and treatment for a recipient of mental health or developmental disability services. The group may be composed of individuals employed by one provider or multiple providers.
"Mental health or developmental disabilities services" or "services"
includes but is not limited to examination, diagnosis, evaluation, treatment,
training, pharmaceuticals, aftercare, habilitation or rehabilitation.
"Personal notes" means:
(i) information disclosed to the therapist in
confidence by other persons on condition that such information would never be disclosed to the recipient or other persons;
(ii) information disclosed to the therapist by the
recipient which would be injurious to the recipient's relationships to other persons, and
(iii) the therapist's speculations, impressions,
"Parent" means a parent or, in the absence of a parent or guardian,
a person in loco parentis.
"Recipient" means a person who is receiving or has received mental
health or developmental disabilities services.
"Record" means any record kept by a therapist or by an agency in the
course of providing mental health or developmental disabilities service
to a recipient concerning the recipient and the services provided.
"Records" includes all records maintained by a court that have been created
in connection with,
in preparation for, or as a result of the filing of any petition or certificate
under Chapter II, Chapter III, or Chapter IV
of the Mental Health and Developmental Disabilities Code and includes the
petitions, certificates, dispositional reports, treatment plans, and reports of
diagnostic evaluations and of hearings under Article VIII of Chapter III or under Article V of Chapter IV of that Code. Record
does not include the therapist's personal notes, if such notes are kept in
the therapist's sole possession for his own personal use and are not
disclosed to any other person, except the therapist's supervisor,
consulting therapist or attorney. If at any time such notes are disclosed,
they shall be considered part of the recipient's record for purposes of
this Act. "Record" does not include information that has been de-identified in accordance with HIPAA, as specified in 45 CFR 164.514. "Record" does not include a reference to the receipt of mental health or developmental disabilities services noted during a patient history and physical or other summary of care.
"Record custodian" means a person responsible for maintaining a
"Therapist" means a psychiatrist, physician, psychologist, social
worker, or nurse providing mental health or developmental disabilities services
or any other person not prohibited by law from providing such services or
from holding himself out as a therapist if the recipient reasonably believes
that such person is permitted to do so. Therapist includes any successor
of the therapist.
"Therapeutic relationship" means the receipt by a recipient of mental health or developmental disabilities services from a therapist. "Therapeutic relationship" does not include independent evaluations for a purpose other than the provision of mental health or developmental disabilities services.
(Source: P.A. 101-649, eff. 7-7-20.)