Illinois General Assembly - Full Text of HB4090
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Full Text of HB4090  99th General Assembly

HB4090enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB4090 EnrolledLRB099 09924 HEP 30140 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 Mental Health and Developmental
5Disabilities Confidentiality Act is amended by changing
6Sections 11, 12.1, and 12.2 as follows:
 
7    (740 ILCS 110/11)  (from Ch. 91 1/2, par. 811)
8    Sec. 11. Disclosure of records and communications. Records
9and communications may be disclosed:
10        (i) in accordance with the provisions of the Abused and
11    Neglected Child Reporting Act, subsection (u) of Section 5
12    of the Children and Family Services Act, or Section 7.4 of
13    the Child Care Act of 1969;
14        (ii) when, and to the extent, a therapist, in his or
15    her sole discretion, determines that disclosure is
16    necessary to initiate or continue civil commitment or
17    involuntary treatment proceedings under the laws of this
18    State or to otherwise protect the recipient or other person
19    against a clear, imminent risk of serious physical or
20    mental injury or disease or death being inflicted upon the
21    recipient or by the recipient on himself or another;
22        (iii) when, and to the extent disclosure is, in the
23    sole discretion of the therapist, necessary to the

 

 

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1    provision of emergency medical care to a recipient who is
2    unable to assert or waive his or her rights hereunder;
3        (iv) when disclosure is necessary to collect sums or
4    receive third party payment representing charges for
5    mental health or developmental disabilities services
6    provided by a therapist or agency to a recipient under
7    Chapter V of the Mental Health and Developmental
8    Disabilities Code or to transfer debts under the
9    Uncollected State Claims Act; however, disclosure shall be
10    limited to information needed to pursue collection, and the
11    information so disclosed shall not be used for any other
12    purposes nor shall it be redisclosed except in connection
13    with collection activities;
14        (v) when requested by a family member, the Department
15    of Human Services may assist in the location of the
16    interment site of a deceased recipient who is interred in a
17    cemetery established under Section 26 of the Mental Health
18    and Developmental Disabilities Administrative Act;
19        (vi) in judicial proceedings under Article VIII of
20    Chapter III and Article V of Chapter IV of the Mental
21    Health and Developmental Disabilities Code and proceedings
22    and investigations preliminary thereto, to the State's
23    Attorney for the county or residence of a person who is the
24    subject of such proceedings, or in which the person is
25    found, or in which the facility is located, to the attorney
26    representing the petitioner in the judicial proceedings,

 

 

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1    to the attorney representing the recipient in the judicial
2    proceedings, to any person or agency providing mental
3    health services that are the subject of the proceedings and
4    to that person's or agency's attorney, to any court
5    personnel, including but not limited to judges and circuit
6    court clerks, and to a guardian ad litem if one has been
7    appointed by the court. Information disclosed under this
8    subsection shall not be utilized for any other purpose nor
9    be redisclosed except in connection with the proceedings or
10    investigations. Copies of any records provided to counsel
11    for a petitioner shall be deleted or destroyed at the end
12    of the proceedings and counsel for petitioner shall certify
13    to the court in writing that he or she has done so. At the
14    request of a recipient or his or her counsel, the court
15    shall issue a protective order insuring the
16    confidentiality of any records or communications provided
17    to counsel for a petitioner;
18        (vii) when, and to the extent disclosure is necessary
19    to comply with the requirements of the Census Bureau in
20    taking the federal Decennial Census;
21        (viii) when, and to the extent, in the therapist's sole
22    discretion, disclosure is necessary to warn or protect a
23    specific individual against whom a recipient has made a
24    specific threat of violence where there exists a
25    therapist-recipient relationship or a special
26    recipient-individual relationship;

 

 

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1        (ix) in accordance with the Sex Offender Registration
2    Act;
3        (x) in accordance with the Rights of Crime Victims and
4    Witnesses Act;
5        (xi) in accordance with Section 6 of the Abused and
6    Neglected Long Term Care Facility Residents Reporting Act;
7        (xii) in accordance with Section 55 of the Abuse of
8    Adults with Disabilities Intervention Act; and
9        (xiii) to an HIE as specifically allowed under this Act
10    for HIE purposes and in accordance with any applicable
11    requirements of the HIE; and .
12        (xiv) to a law enforcement agency in connection with
13    the investigation or recovery of a person who has left a
14    mental health or developmental disability facility as
15    defined in Section 1-107 or 1-114 of the Mental Health and
16    Developmental Disabilities Code or the custody of the
17    Department of Human Services without being duly discharged
18    or being free to do so; however, disclosure shall be
19    limited to identifying information as defined in Section
20    12.2 of this Act.
21    Any person, institution, or agency, under this Act,
22participating in good faith in the making of a report under the
23Abused and Neglected Child Reporting Act or in the disclosure
24of records and communications under this Section, shall have
25immunity from any liability, civil, criminal or otherwise, that
26might result by reason of such action. For the purpose of any

 

 

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1proceeding, civil or criminal, arising out of a report or
2disclosure under this Section, the good faith of any person,
3institution, or agency so reporting or disclosing shall be
4presumed.
5(Source: P.A. 97-333, eff. 8-12-11; 97-375, eff. 8-15-11;
698-378, eff. 8-16-13.)
 
7    (740 ILCS 110/12.1)  (from Ch. 91 1/2, par. 812.1)
8    Sec. 12.1. A facility director or Department of Human
9Services employee who has reason to believe that a violation of
10criminal law or other serious incident has occurred within a
11mental health or developmental disability facility or while
12transporting a patient to or from a mental health or
13developmental disability facility shall report that violation
14or incident and the identity of individuals with personal
15knowledge of the facts related to the violation or incident to
16the appropriate law enforcement and investigating agencies.
17    In the course of any investigation conducted pursuant to a
18report made under this Section, any person with personal
19knowledge of the incident or the circumstances surrounding the
20incident shall disclose that information to the individuals
21conducting the investigation, except that information
22regarding a recipient of services shall be limited solely to
23identifying information as defined in Section 12.2 of this Act
24as well as information relating to the factual circumstances of
25the incident.

 

 

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1(Source: P.A. 86-1417.)
 
2    (740 ILCS 110/12.2)  (from Ch. 91 1/2, par. 812.2)
3    Sec. 12.2. (a) When a recipient who has been judicially or
4involuntarily admitted, or is a forensic recipient admitted to
5a developmental disability or mental health facility, as
6defined in Section 1-107 or 1-114 of the Mental Health and
7Developmental Disabilities Code, is on an unauthorized absence
8or otherwise has left the custody of the Department of Human
9Services facility without being discharged or being free to do
10so, the facility director shall immediately furnish and
11disclose to the appropriate local law enforcement agency
12identifying information, as defined in this Section, and all
13further information unrelated to the diagnosis, treatment or
14evaluation of the recipient's mental or physical health that
15would aid the law enforcement agency in recovering locating and
16apprehending the recipient and returning him or her to custody
17the facility. When a forensic recipient is on an unauthorized
18absence or otherwise has left the custody of the Department
19facility without being discharged or being free to do so, the
20facility director, or designee, of a mental health facility or
21developmental facility operated by the Department shall also
22immediately notify, in like manner, the Department of State
23Police.
24    (b) If a law enforcement agency requests information from a
25developmental disability or mental health facility, as defined

 

 

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1in Section 1-107 or 1-114 of the Mental Health and
2Developmental Disabilities Code, relating to a recipient who
3has been admitted to the facility and for whom a missing person
4report has been filed with a law enforcement agency, the
5facility director shall, except in the case of a voluntary
6recipient wherein the recipient's permission in writing must
7first be obtained, furnish and disclose to the law enforcement
8agency identifying information as is necessary to confirm or
9deny whether that person is, or has been since the missing
10person report was filed, a resident of that facility. The
11facility director shall notify the law enforcement agency if
12the missing person is admitted after the request. Any person
13participating in good faith in the disclosure of information in
14accordance with this provision shall have immunity from any
15liability, civil, criminal, or otherwise, if the information is
16disclosed relying upon the representation of an officer of a
17law enforcement agency that a missing person report has been
18filed.
19    (c) Upon the request of a law enforcement agency in
20connection with the investigation of a particular felony or sex
21offense, when the investigation case file number is furnished
22by the law enforcement agency, a facility director shall
23immediately disclose to that law enforcement agency
24identifying information on any forensic recipient who is
25admitted to a developmental disability or mental health
26facility, as defined in Section 1-107 or 1-114 of the Mental

 

 

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1Health and Developmental Disabilities Code, who was or may have
2been away from the facility at or about the time of the
3commission of a particular felony or sex offense, and: (1)
4whose description, clothing, or both reasonably match the
5physical description of any person allegedly involved in that
6particular felony or sex offense; or (2) whose past modus
7operandi matches the modus operandi of that particular felony
8or sex offense.
9    (d) For the purposes of this Section and Section 12.1, "law
10enforcement agency" means an agency of the State or unit of
11local government that is vested by law or ordinance with the
12duty to maintain public order and to enforce criminal laws or
13ordinances, the Federal Bureau of Investigation, the Central
14Intelligence Agency, and the United States Secret Service.
15    (e) For the purpose of this Section, "identifying
16information" means the name, address, age, and a physical
17description, including clothing, of the recipient of services,
18the names and addresses of the recipient's nearest known
19relatives, where the recipient was known to have been during
20any past unauthorized absences from a facility, whether the
21recipient may be suicidal, and the condition of the recipient's
22physical health as it relates to exposure to the weather.
23Except as provided in Section 11, in no case shall the facility
24director disclose to the law enforcement agency any information
25relating to the diagnosis, treatment, or evaluation of the
26recipient's mental or physical health, unless the disclosure is

 

 

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1deemed necessary by the facility director to insure the safety
2of the investigating officers or general public.
3    (f) For the purpose of this Section, "forensic recipient"
4means a recipient who is placed in a developmental disability
5facility or mental health facility, as defined in Section 1-107
6or 1-114 of the Mental Health and Developmental Disabilities
7Code, pursuant to Article 104 of the Code of Criminal Procedure
8of 1963 or Sections 3-8-5, 3-10-5 or 5-2-4 of the Unified Code
9of Corrections.
10(Source: P.A. 98-756, eff. 7-16-14.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.