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Rep. Sara Feigenholtz
Filed: 5/4/2011
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| 1 | | AMENDMENT TO SENATE BILL 1234
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1234 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Mental Health and Developmental |
| 5 | | Disabilities Confidentiality Act is amended by adding Section |
| 6 | | 9.4 as follows:
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| 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 |
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| 1 | | Healthcare and Family Services and the Department of Human |
| 2 | | Services, to hospitals, physicians, therapists, emergency |
| 3 | | medical personnel, and members of an interdisciplinary team |
| 4 | | treating a recipient for the purposes of treatment and |
| 5 | | coordination of care. |
| 6 | | (b) An interdisciplinary team treating a recipient may |
| 7 | | disclose the recipient's records without the recipient's |
| 8 | | consent to other members of the team. |
| 9 | | (c) The records that may be disclosed under this Section |
| 10 | | are services rendered, providers rendering the services, |
| 11 | | pharmaceuticals prescribed or dispensed, and diagnoses. All |
| 12 | | disclosures under this Section must be made in a manner |
| 13 | | consistent with existing federal and State laws and |
| 14 | | regulations, including the federal Health Insurance |
| 15 | | Portability 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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