| ||||
| Public Act 097-0515 | ||||
| ||||
| ||||
AN ACT concerning civil liabilities.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Mental Health and Developmental | ||||
Disabilities Confidentiality Act is amended by adding Section | ||||
9.4 as follows: | ||||
(740 ILCS 110/9.4 new) | ||||
Sec. 9.4. Disclosure for treatment and coordination of | ||||
care. | ||||
(a) For recipients in a program administered or operated by | ||||
the Department of Healthcare and Family Services or the | ||||
Department of Human Services (as successor to the Department of | ||||
Mental Health and Developmental Disabilities), records of a | ||||
recipient may be disclosed without consent by county jails, | ||||
insurance companies, integrated health systems, and State | ||||
agencies, including the Department of Corrections, the | ||||
Department of Children and Family Services, the Department of | ||||
Healthcare and Family Services and the Department of Human | ||||
Services, to hospitals, physicians, therapists, emergency | ||||
medical personnel, and members of an interdisciplinary team | ||||
treating a recipient for the purposes of treatment and | ||||
coordination of care. | ||||
(b) An interdisciplinary team treating a recipient may | ||||
disclose the recipient's records without the recipient's | ||
consent to other members of the team. | ||
(c) The records that may be disclosed under this Section | ||
are services rendered, providers rendering the services, | ||
pharmaceuticals prescribed or dispensed, and diagnoses. All | ||
disclosures under this Section must be made in a manner | ||
consistent with existing federal and State laws and | ||
regulations, including the federal Health Insurance | ||
Portability and Accountability Act (HIPAA). | ||
(d) For the purpose of this Section only: | ||
"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 (medicine, | ||
nursing, social work, psychology, etc.) providing and | ||
coordinating the care and treatment for a person with | ||
mental illness. The group may be composed of individuals | ||
employed by one provider or multiple providers.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||