State of Illinois
92nd General Assembly

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 1        AN ACT in relation to health.

 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 9.2 as follows:

 7        (740 ILCS 110/9.2)
 8        Sec.   9.2.    Interagency   disclosure   of    recipient
 9    information.   For  the  purposes  of continuity of care, the
10    Department of Human Services (as successor to the  Department
11    of  Mental  Health and Developmental Disabilities), community
12    agencies funded by the Department of Human Services  in  that
13    capacity,  and jails operated by any county of this State may
14    disclose a  recipient's  record  or  communications,  without
15    consent,   to  each  other,  but  only  for  the  purpose  of
16    admission, treatment, planning, or discharge.  Entities shall
17    not  redisclose  any  personally  identifiable   information,
18    unless  necessary  for  admission,  treatment,  planning,  or
19    discharge  of the identified recipient to another setting. No
20    records or communications may be disclosed to a  county  jail
21    pursuant  to  this  Section  unless  the  Department of Human
22    Services has entered into a written agreement with the county
23    jail requiring that the county jail  adopt  written  policies
24    and  procedures  designed  to  ensure  that  the  records and
25    communications are disclosed only to those  persons  employed
26    by  or  under contract to the county jail who are involved in
27    the provision of mental health services to inmates  and  that
28    the  records  and  communications  are protected from further
29    disclosure.
30    (Source: P.A. 91-536, eff. 1-1-00.)

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