103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0188

 

Introduced 1/31/2023, by Sen. Steve McClure

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 210/2  from Ch. 111, par. 4502
740 ILCS 110/4  from Ch. 91 1/2, par. 804

    Amends the Consent by Minors to Health Care Services Act. Allows a parent who consents to the performance upon his or her child of a health care service to request to inspect and copy the child's records or any part thereof so long as it is related to the health care service the parent consented to. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Allows the personal representative under HIPAA of a recipient to request to inspect and copy a recipient's record or any part thereof, regardless of the age of the recipient.


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A BILL FOR

 

SB0188LRB103 02849 LNS 47855 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Consent by Minors to Health Care Services
5Act is amended by changing Section 2 as follows:
 
6    (410 ILCS 210/2)  (from Ch. 111, par. 4502)
7    Sec. 2. Any parent, including a parent who is a minor, may
8consent to the performance upon his or her child of a health
9care service by a physician licensed to practice medicine in
10all its branches, a chiropractic physician, a licensed
11optometrist, a licensed advanced practice registered nurse, or
12a licensed physician assistant or a dental procedure by a
13licensed dentist. The consent of a parent who is a minor shall
14not be voidable because of such minority, but, for such
15purpose, a parent who is a minor shall be deemed to have the
16same legal capacity to act and shall have the same powers and
17obligations as has a person of legal age.
18    A parent who consents to the performance upon his or her
19child of a health care service under this Section shall be
20entitled, upon request, to inspect and copy the child's
21records or any part thereof so long as it is related to the
22health care service the parent consented to.
23(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18;

 

 

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1100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
2    Section 10. The Mental Health and Developmental
3Disabilities Confidentiality Act is amended by changing
4Section 4 as follows:
 
5    (740 ILCS 110/4)  (from Ch. 91 1/2, par. 804)
6    Sec. 4. (a) The following persons shall be entitled, upon
7request, to inspect and copy a recipient's record or any part
8thereof:
9        (1) the parent or guardian of a recipient who is under
10    12 years of age;
11        (2) the recipient if he is 12 years of age or older;
12        (3) the parent or guardian of a recipient who is at
13    least 12 but under 18 years, if the recipient is informed
14    and does not object or if the therapist does not find that
15    there are compelling reasons for denying the access. The
16    parent or guardian who is denied access by either the
17    recipient or the therapist may petition a court for access
18    to the record. Nothing in this paragraph is intended to
19    prohibit the parent or guardian of a recipient who is at
20    least 12 but under 18 years from requesting and receiving
21    the following information: current physical and mental
22    condition, diagnosis, treatment needs, services provided,
23    and services needed, including medication, if any;
24        (3.5) the personal representative under HIPAA, 45 CFR

 

 

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1    164.502(g), of a recipient, regardless of the age of the
2    recipient;
3        (4) the guardian of a recipient who is 18 years or
4    older;
5        (5) an attorney or guardian ad litem who represents a
6    minor 12 years of age or older in any judicial or
7    administrative proceeding, provided that the court or
8    administrative hearing officer has entered an order
9    granting the attorney this right;
10        (6) an agent appointed under a recipient's power of
11    attorney for health care or for property, when the power
12    of attorney authorizes the access;
13        (7) an attorney-in-fact appointed under the Mental
14    Health Treatment Preference Declaration Act; or
15        (8) any person in whose care and custody the recipient
16    has been placed pursuant to Section 3-811 of the Mental
17    Health and Developmental Disabilities Code.
18    (b) Assistance in interpreting the record may be provided
19without charge and shall be provided if the person inspecting
20the record is under 18 years of age. However, access may in no
21way be denied or limited if the person inspecting the record
22refuses the assistance. A reasonable fee may be charged for
23duplication of a record. However, when requested to do so in
24writing by any indigent recipient, the custodian of the
25records shall provide at no charge to the recipient, or to the
26Guardianship and Advocacy Commission, the agency designated by

 

 

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1the Governor under Section 1 of the Protection and Advocacy
2for Persons with Developmental Disabilities Act or to any
3other not-for-profit agency whose primary purpose is to
4provide free legal services or advocacy for the indigent and
5who has received written authorization from the recipient
6under Section 5 of this Act to receive his records, one copy of
7any records in its possession whose disclosure is authorized
8under this Act.
9    (c) Any person entitled to access to a record under this
10Section may submit a written statement concerning any disputed
11or new information, which statement shall be entered into the
12record. Whenever any disputed part of a record is disclosed,
13any submitted statement relating thereto shall accompany the
14disclosed part. Additionally, any person entitled to access
15may request modification of any part of the record which he
16believes is incorrect or misleading. If the request is
17refused, the person may seek a court order to compel
18modification.
19    (d) Whenever access or modification is requested, the
20request and any action taken thereon shall be noted in the
21recipient's record.
22(Source: P.A. 99-143, eff. 7-27-15.)