HB5903 99TH GENERAL ASSEMBLY

LRB099 15403 HEP 39679 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5903

Introduced , by Rep. Will Guzzardi

SYNOPSIS AS INTRODUCED:

740 ILCS 110/9.12 new

Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that the Department of Human Services may disclose records or communications of persons receiving care from the Department or under contract with the Department, without consent, to not-for-profit institutions of higher education engaged in research concerning the safety, effectiveness, or cost-effectiveness of mental health treatments if specified conditions are met. Provides that the Department may refuse to disclose records or communications if, in its sole discretion, it determines that the identity of recipients or any of the records or communications will not be adequately protected. Provides that the Department shall adopt rules concerning the use of any records or communications disclosed.

A BILL FOR

AN ACT concerning civil law.

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 9.12 as follows:

(740 ILCS 110/9.12 new)

Sec. 9.12. Disclosure for purposes of evaluating treatments. The Department of Human Services may disclose records or communications of persons receiving care from the Department of Human Services or under contract with the Department of Human Services, without consent, to not-for-profit institutions of higher education engaged in research concerning the safety, effectiveness, or cost-effectiveness of mental health treatments if the Department of Human Services has entered into written agreements with the persons or institutions to whom the records and communications are disclosed. An agreement shall provide that records and communications are used solely for the purpose of the research and that the records and communications are protected from further disclosure. The Department of Human Services may refuse to disclose records or communications under this Section if, in its sole discretion, it determines that the identity of recipients or any of the records or communications will not be adequately protected. The Department of Human Services shall adopt rules concerning the use of any records or communications disclosed under this Section, including, but not limited to, rules prohibiting further disclosure and ensuring compliance with all federal and state laws and regulations concerning the conduct of research.