Illinois General Assembly - Full Text of SB1234
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Full Text of SB1234  97th General Assembly




SB1234 EnrolledLRB097 00516 AJO 40534 b

1    AN ACT concerning civil liabilities.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Mental Health and Developmental
5Disabilities Confidentiality Act is amended by adding Section
69.4 as follows:
7    (740 ILCS 110/9.4 new)
8    Sec. 9.4. Disclosure for treatment and coordination of
10    (a) For recipients in a program administered or operated by
11the Department of Healthcare and Family Services or the
12Department of Human Services (as successor to the Department of
13Mental Health and Developmental Disabilities), records of a
14recipient may be disclosed without consent by county jails,
15insurance companies, integrated health systems, and State
16agencies, including the Department of Corrections, the
17Department of Children and Family Services, the Department of
18Healthcare and Family Services and the Department of Human
19Services, to hospitals, physicians, therapists, emergency
20medical personnel, and members of an interdisciplinary team
21treating a recipient for the purposes of treatment and
22coordination of care.
23    (b) An interdisciplinary team treating a recipient may



SB1234 Enrolled- 2 -LRB097 00516 AJO 40534 b

1disclose the recipient's records without the recipient's
2consent to other members of the team.
3    (c) The records that may be disclosed under this Section
4are services rendered, providers rendering the services,
5pharmaceuticals prescribed or dispensed, and diagnoses. All
6disclosures under this Section must be made in a manner
7consistent with existing federal and State laws and
8regulations, including the federal Health Insurance
9Portability and Accountability Act (HIPAA).
10    (d) For the purpose of this Section only:
11        "Integrated health system" means an organization with
12    a system of care which incorporates physical and behavioral
13    healthcare and includes care delivered in an inpatient and
14    outpatient setting.
15        "Interdisciplinary team" means a group of persons,
16    representing different clinical disciplines (medicine,
17    nursing, social work, psychology, etc.) providing and
18    coordinating the care and treatment for a person with
19    mental illness. The group may be composed of individuals
20    employed by one provider or multiple providers.
21    Section 99. Effective date. This Act takes effect upon
22becoming law.