Illinois General Assembly - Bill Status for HB5574

Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that for purposes of continuity of care, licensed private hospitals receiving payments from the Department of Human Services or the Department of Healthcare and Family Services may disclose a recipient's record or communications to each other or to other specified entities, but only for admission, treatment, planning, or discharge. Provides a definition of "licensed private hospital". Effective immediately.

Amends the Mental Health and Developmental Disabilities Code. Provides that "dangerous conduct" means threatening behavior or conduct that places the person or another individual (instead of only another individual) in reasonable expectation of being harmed. Provides that if a certificate prepared concerning an involuntary admission by court order fails to state that the respondent is in need of immediate hospitalization, the respondent shall remain in his or her place of residence pending a hearing on the petition for involuntary admission. Further amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that mental health records are available for copying by an attorney-in-fact appointed for a recipient under the Mental Health Treatment Preference Declaration Act.

Replaces everything after the enacting clause with provisions substantially similar to the bill, as amended, except for the changes described herein. Amends the Mental Health and Developmental Disabilities Code and the Mental Health and Developmental Disabilities Confidentiality Act by adding provisions that provide that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law or take other appropriate action in the General Assembly's discretion. Provides that for purposes of continuity of care various State agencies, other entities, and State correctional facilities (instead of prisons operated by the Department of Corrections) may disclose to each other a recipient's record or communications but only for admission, treatment, planning, or discharge. Provides that with respect to interagency disclosure of recipient information, the term "State correctional facility" replaces "State prison". Provides that, in addition to other existing specified circumstances under which records and communications may be disclosed, records and communications may be disclosed to any medical practitioner from whom the recipient is seeking medical care, including any primary care physician; however, disclosure shall be limited to pharmaceutical records and communications regarding pharmaceuticals, including records and communication regarding payment for pharmaceuticals. Effective immediately.

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