Illinois General Assembly - Bill Status for SB1970
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 Bill Status of SB1970  102nd General Assembly


Short Description:  ACCESS TO MENTAL HEALTH INFO

Senate Sponsors
Sen. Laura Fine - Sara Feigenholtz, Doris Turner, Kimberly A. Lightford, Meg Loughran Cappel and Mike Simmons

House Sponsors
(Rep. Jennifer Gong-Gershowitz)

Last Action
DateChamber Action
  5/4/2021HouseAssigned to Mental Health & Addiction Committee

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Access to Basic Mental Health Information Act. Provides definitions for "mental health facility", "physician", and "recipient". Provides that specified individuals are entitled, upon request, to obtain certain information regarding a recipient in a mental health facility if the individual declares that he or she is involved in the recipient's care or paying for the recipient's care and the individual meets specified requirements. Provides that an individual requesting information must submit to the mental health facility specified information. Provides that a mental health facility is required to receive information relevant to the recipient's mental health treatment. Provides that if the recipient requests the mental health record from the mental health facility, any information that was tendered to the mental health facility under a promise of confidentiality may be withheld from the recipient if disclosure of the information would be reasonably likely to reveal the source of the mental health information. Provides that whenever access or modification is requested, the request, the grounds for its acceptance or denial, and any action taken thereon shall be noted in the recipient's record. Provides that a mental health facility and its employees or agents are not liable for any action under the Act unless the release was made deliberately or the release constituted gross negligence. Provides that nothing in the Act constitutes an infringement on an individual's right to obtain mental health records of the recipient if the individual has another right to the mental health records by law, regulation, or consent of the recipient. Provides that the Act shall be liberally construed to allow receipt of mental health information to individuals entitled to a recipient's information. Provides that the Act supersedes the Mental Health and Developmental Disabilities Code and any other law that would be viewed to limit the access of an individual to a recipient's mental health records to the extent necessary to give the Act full implementation. Effective immediately.

Senate Floor Amendment No. 2
Deletes reference to:
New Act
Adds reference to:
405 ILCS 5/2-113.5 new
740 ILCS 110/5.5 new

Replaces everything after the enacting clause. Amends the Mental Health and Developmental Disabilities Code. Requires a mental health facility to accept information from the recipient's family and friends concerning the recipient's treatment for mental illness. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Allows certain individuals to obtain specified information pertaining to a recipient of mental health facility care if the individual resides with the recipient or is paying for the recipient's care. Provides that an individual who receives the information shall not use the information provided by the mental health facility regarding the recipient to the individual's advantage in any legal proceeding or other transaction. Provides that if access or modification of the information is requested, the request, the grounds for its acceptance or denial, and any action taken thereon shall be noted in the recipient's record.

Actions 
DateChamber Action
  2/26/2021SenateFiled with Secretary by Sen. Laura Fine
  2/26/2021SenateFirst Reading
  2/26/2021SenateReferred to Assignments
  3/16/2021SenateAssigned to Behavioral and Mental Health
  3/23/2021SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Laura Fine
  3/23/2021SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/24/2021SenateDo Pass Behavioral and Mental Health; 011-000-000
  3/24/2021SenatePlaced on Calendar Order of 2nd Reading March 25, 2021
  3/25/2021SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Laura Fine
  3/25/2021SenateSenate Floor Amendment No. 2 Referred to Assignments
  3/25/2021SenateSenate Floor Amendment No. 2 Assignments Refers to Behavioral and Mental Health
  4/14/2021SenateSenate Floor Amendment No. 2 Recommend Do Adopt Behavioral and Mental Health; 009-001-000
  4/20/2021SenateSenate Floor Amendment No. 2 Adopted; Fine
  4/20/2021SenateSecond Reading
  4/20/2021SenatePlaced on Calendar Order of 3rd Reading April 21, 2021
  4/22/2021SenateAdded as Chief Co-Sponsor Sen. Sara Feigenholtz
  4/22/2021SenateThird Reading - Passed; 049-005-000
  4/22/2021SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4 (a)
  4/23/2021HouseArrived in House
  4/23/2021HouseChief House Sponsor Rep. Jennifer Gong-Gershowitz
  4/23/2021HouseFirst Reading
  4/23/2021HouseReferred to Rules Committee
  4/28/2021SenateAdded as Co-Sponsor Sen. Doris Turner
  4/28/2021SenateAdded as Co-Sponsor Sen. Kimberly A. Lightford
  4/28/2021SenateAdded as Co-Sponsor Sen. Meg Loughran Cappel
  4/29/2021SenateAdded as Co-Sponsor Sen. Mike Simmons
  5/4/2021HouseAssigned to Mental Health & Addiction Committee

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