Illinois General Assembly - Full Text of SB1234

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Full Text of SB1234 97th General Assembly

Introduced   Engrossed   Enrolled
Senate Amendment 001   House Amendment 001
Public Act
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SB1234enr 97TH GENERAL ASSEMBLY

SB1234 Enrolled 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 adding Section
6 9.4 as follows:

7     (740 ILCS 110/9.4 new)
8     Sec. 9.4. Disclosure for treatment and coordination of
9 care.
10     (a) For recipients in a program administered or operated by
11 the Department of Healthcare and Family Services or the
12 Department of Human Services (as successor to the Department of
13 Mental Health and Developmental Disabilities), records of a
14 recipient may be disclosed without consent by county jails,
15 insurance companies, integrated health systems, and State
16 agencies, including the Department of Corrections, the
17 Department of Children and Family Services, the Department of
18 Healthcare and Family Services and the Department of Human
19 Services, to hospitals, physicians, therapists, emergency
20 medical personnel, and members of an interdisciplinary team
21 treating a recipient for the purposes of treatment and
22 coordination of care.
23     (b) An interdisciplinary team treating a recipient may

SB1234 Enrolled - 2 - LRB097 00516 AJO 40534 b

1 disclose the recipient's records without the recipient's
2 consent to other members of the team.
3     (c) The records that may be disclosed under this Section
4 are services rendered, providers rendering the services,
5 pharmaceuticals prescribed or dispensed, and diagnoses. All
6 disclosures under this Section must be made in a manner
7 consistent with existing federal and State laws and
8 regulations, including the federal Health Insurance
9 Portability 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
22 becoming law.

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