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| Public Act 099-0028 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Mental Health and Developmental | ||||
Disabilities Confidentiality Act is amended by changing | ||||
Sections 2 and 3 as follows:
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(740 ILCS 110/2) (from Ch. 91 1/2, par. 802)
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Sec. 2.
The terms used in this Act, unless the context | ||||
requires otherwise,
have the meanings ascribed to them in this | ||||
Section.
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"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.
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"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
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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.
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"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
person.
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"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
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(iii) as of the effective date of this amendatory Act of the | ||
98th General Assembly, was designated by the Illinois Health | ||
Information Exchange Authority Board as a member of, or was | ||
represented on, the Authority 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.
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"Personal notes" means:
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(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;
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(ii) information disclosed to the therapist by the | ||
recipient
which would be injurious to the recipient's | ||
relationships to other persons, and
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(iii) the therapist's speculations, impressions, | ||
hunches, and reminders.
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"Parent" means a parent or, in the absence of a parent or | ||
guardian,
a person in loco parentis.
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"Recipient" means a person who is receiving or has received | ||
mental
health or developmental disabilities services.
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"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
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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.
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"Record custodian" means a person responsible for | ||
maintaining a
recipient's record.
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"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
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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.
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(Source: P.A. 98-378, eff. 8-16-13.)
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(740 ILCS 110/3) (from Ch. 91 1/2, par. 803)
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Sec. 3.
(a) All records and communications shall be | ||
confidential and shall
not be disclosed except as provided in | ||
this Act. Unless otherwise expressly provided for in this Act, | ||
records and communications made or created in the course of | ||
providing mental health or developmental disabilities services | ||
shall be protected from disclosure regardless of whether the | ||
records and communications are made or created in the course of | ||
a therapeutic relationship.
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(b) A therapist is not required to but may, to the extent | ||
he determines
it necessary and appropriate, keep personal notes | ||
regarding a recipient.
Such personal notes are the work product | ||
and personal property of the therapist
and shall not be subject | ||
to discovery in any judicial, administrative or
legislative | ||
proceeding or any proceeding preliminary thereto.
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(c) Psychological test material whose disclosure would | ||
compromise the
objectivity or fairness of the testing process | ||
may not be disclosed to
anyone including the subject of the | ||
test and is not subject to disclosure
in any administrative, | ||
judicial or legislative proceeding. However, any
recipient who | ||
has been the subject of the psychological test shall have the
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right to have all records relating to that test disclosed to | ||
any
psychologist designated by the recipient. Requests for such | ||
disclosure
shall be in writing and shall comply with the | ||
requirements of subsection
(b) of Section 5 of this Act.
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(Source: P.A. 86-1417.)
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