Rep. Sara Feigenholtz

Filed: 5/4/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 1234 by replacing
3everything after the enacting clause with the following:
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



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



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".