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Public Act 099-0028


 

Public Act 0028 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0028
 
SB0818 EnrolledLRB099 03861 HEP 23875 b

    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 changing
Sections 2 and 3 as follows:
 
    (740 ILCS 110/2)  (from Ch. 91 1/2, par. 802)
    Sec. 2. The terms used in this Act, unless the context
requires otherwise, have the meanings ascribed to them in this
Section.
    "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.
    "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
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.
    "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.
    "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
(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.
    "Personal notes" means:
        (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;
        (ii) information disclosed to the therapist by the
    recipient which would be injurious to the recipient's
    relationships to other persons, and
        (iii) the therapist's speculations, impressions,
    hunches, and reminders.
    "Parent" means a parent or, in the absence of a parent or
guardian, a person in loco parentis.
    "Recipient" means a person who is receiving or has received
mental health or developmental disabilities services.
    "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
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.
    "Record custodian" means a person responsible for
maintaining a recipient's record.
    "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
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.
(Source: P.A. 98-378, eff. 8-16-13.)
 
    (740 ILCS 110/3)  (from Ch. 91 1/2, par. 803)
    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.
    (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.
    (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
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.
(Source: P.A. 86-1417.)

Effective Date: 1/1/2016