Full Text of SB1234 97th General Assembly
SB1234 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1234 Introduced 2/8/2011, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: |
|
740 ILCS 110/11 | from Ch. 91 1/2, par. 811 |
|
Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that a person, institution, or agency that maintains a recipient's pharmaceutical records and communications regarding pharmaceuticals may disclose those records and communications, along with related payment records, to any medical practitioner who is providing medical care to the recipient. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | SB1234 | | LRB097 00516 AJO 40534 b |
|
| 1 | | AN ACT concerning civil liabilities.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Mental Health and Developmental | 5 | | Disabilities Confidentiality Act is amended by changing | 6 | | Section 11 as follows:
| 7 | | (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
| 8 | | Sec. 11. Disclosure of records and communications. Records | 9 | | and
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 |
| | | SB1234 | - 2 - | LRB097 00516 AJO 40534 b |
|
| 1 | | provision of emergency medical care to a recipient
who is | 2 | | unable to assert or waive his or her rights hereunder; | 3 | | (iii-a) to any medical practitioner from whom the | 4 | | recipient is seeking medical care, including any primary | 5 | | care physician; however, disclosure shall be limited to | 6 | | pharmaceutical records and communications regarding | 7 | | pharmaceuticals, including records and communications | 8 | | regarding payment for pharmaceuticals;
| 9 | | (iv) when
disclosure is necessary to collect sums or | 10 | | receive third
party payment representing charges for | 11 | | mental health or developmental
disabilities services | 12 | | provided by a therapist or agency to a recipient
under | 13 | | Chapter V of the Mental Health and Developmental | 14 | | Disabilities Code or to
transfer debts under the | 15 | | Uncollected State Claims Act; however, disclosure
shall be | 16 | | limited to information needed to pursue collection, and the
| 17 | | information so disclosed shall not be used for any other | 18 | | purposes nor shall it
be redisclosed except in connection | 19 | | with collection activities;
| 20 | | (v) when
requested by a family member, the Department | 21 | | of Human Services may assist in
the location of the | 22 | | interment site of a deceased recipient who is interred in a
| 23 | | cemetery established under Section 26 100-26 of the Mental | 24 | | Health and
Developmental Disabilities Administrative Act;
| 25 | | (vi) in judicial proceedings
under Article VIII of | 26 | | Chapter III and Article V of Chapter IV of the Mental
|
| | | SB1234 | - 3 - | LRB097 00516 AJO 40534 b |
|
| 1 | | Health and Developmental Disabilities Code and proceedings | 2 | | and investigations
preliminary thereto, to the State's | 3 | | Attorney for the county or residence of a
person who is the | 4 | | subject of such proceedings, or in which the person is | 5 | | found,
or in which the facility is located, to the attorney | 6 | | representing the recipient
in the judicial proceedings, to | 7 | | any person or agency providing mental health
services that | 8 | | are the subject of the proceedings and to that person's or
| 9 | | agency's attorney, to any court personnel, including but | 10 | | not limited to judges
and circuit court clerks, and to a | 11 | | guardian ad litem if one has been appointed
by the court, | 12 | | provided that the information so disclosed shall not be | 13 | | utilized
for any other purpose nor be redisclosed except in | 14 | | connection with the
proceedings or investigations;
| 15 | | (vii) when, and to the extent disclosure is
necessary | 16 | | to comply with the requirements of the Census Bureau in | 17 | | taking the
federal Decennial Census;
| 18 | | (viii) when, and to the extent, in the
therapist's sole | 19 | | discretion, disclosure is necessary to warn or protect a
| 20 | | specific individual against whom a recipient has made a | 21 | | specific threat of
violence where there exists a | 22 | | therapist-recipient relationship or a special
| 23 | | recipient-individual relationship;
| 24 | | (ix) in accordance with the Sex Offender
Registration | 25 | | Act;
| 26 | | (x) in accordance with the Rights of Crime Victims and
|
| | | SB1234 | - 4 - | LRB097 00516 AJO 40534 b |
|
| 1 | | Witnesses Act; | 2 | | (xi) in accordance with Section 6 of the Abused and | 3 | | Neglected Long Term Care Facility Residents Reporting Act; | 4 | | and | 5 | | (xii) in accordance with Section 55 of the Abuse of | 6 | | Adults with Disabilities Intervention Act.
| 7 | | Any person, institution, or agency, under
this Act, | 8 | | participating in good faith in the making of a report under the
| 9 | | Abused and Neglected Child Reporting Act or in the disclosure | 10 | | of records and
communications under this Section, shall have | 11 | | immunity from any liability,
civil, criminal or otherwise, that | 12 | | might result by reason of such action. For
the purpose of any | 13 | | proceeding, civil or criminal, arising out of a report or
| 14 | | disclosure under this Section, the good faith of any person, | 15 | | institution, or
agency so reporting or disclosing shall be | 16 | | presumed.
| 17 | | (Source: P.A. 95-331, eff. 8-21-07; 96-466, eff. 8-14-09; | 18 | | revised 9-16-10.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
|
|