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Public Act 097-0515


 

Public Act 0515 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0515
 
SB1234 EnrolledLRB097 00516 AJO 40534 b

    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.

Effective Date: 8/23/2011