Public Act 099-0216
 
HB4090 EnrolledLRB099 09924 HEP 30140 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Sections 11, 12.1, and 12.2 as follows:
 
    (740 ILCS 110/11)  (from Ch. 91 1/2, par. 811)
    Sec. 11. Disclosure of records and communications. Records
and communications may be disclosed:
        (i) in accordance with the provisions of the Abused and
    Neglected Child Reporting Act, subsection (u) of Section 5
    of the Children and Family Services Act, or Section 7.4 of
    the Child Care Act of 1969;
        (ii) when, and to the extent, a therapist, in his or
    her sole discretion, determines that disclosure is
    necessary to initiate or continue civil commitment or
    involuntary treatment proceedings under the laws of this
    State or to otherwise protect the recipient or other person
    against a clear, imminent risk of serious physical or
    mental injury or disease or death being inflicted upon the
    recipient or by the recipient on himself or another;
        (iii) when, and to the extent disclosure is, in the
    sole discretion of the therapist, necessary to the
    provision of emergency medical care to a recipient who is
    unable to assert or waive his or her rights hereunder;
        (iv) when disclosure is necessary to collect sums or
    receive third party payment representing charges for
    mental health or developmental disabilities services
    provided by a therapist or agency to a recipient under
    Chapter V of the Mental Health and Developmental
    Disabilities Code or to transfer debts under the
    Uncollected State Claims Act; however, disclosure shall be
    limited to information needed to pursue collection, and the
    information so disclosed shall not be used for any other
    purposes nor shall it be redisclosed except in connection
    with collection activities;
        (v) when requested by a family member, the Department
    of Human Services may assist in the location of the
    interment site of a deceased recipient who is interred in a
    cemetery established under Section 26 of the Mental Health
    and Developmental Disabilities Administrative Act;
        (vi) in judicial proceedings under Article VIII of
    Chapter III and Article V of Chapter IV of the Mental
    Health and Developmental Disabilities Code and proceedings
    and investigations preliminary thereto, to the State's
    Attorney for the county or residence of a person who is the
    subject of such proceedings, or in which the person is
    found, or in which the facility is located, to the attorney
    representing the petitioner in the judicial proceedings,
    to the attorney representing the recipient in the judicial
    proceedings, to any person or agency providing mental
    health services that are the subject of the proceedings and
    to that person's or agency's attorney, to any court
    personnel, including but not limited to judges and circuit
    court clerks, and to a guardian ad litem if one has been
    appointed by the court. Information disclosed under this
    subsection shall not be utilized for any other purpose nor
    be redisclosed except in connection with the proceedings or
    investigations. Copies of any records provided to counsel
    for a petitioner shall be deleted or destroyed at the end
    of the proceedings and counsel for petitioner shall certify
    to the court in writing that he or she has done so. At the
    request of a recipient or his or her counsel, the court
    shall issue a protective order insuring the
    confidentiality of any records or communications provided
    to counsel for a petitioner;
        (vii) when, and to the extent disclosure is necessary
    to comply with the requirements of the Census Bureau in
    taking the federal Decennial Census;
        (viii) when, and to the extent, in the therapist's sole
    discretion, disclosure is necessary to warn or protect a
    specific individual against whom a recipient has made a
    specific threat of violence where there exists a
    therapist-recipient relationship or a special
    recipient-individual relationship;
        (ix) in accordance with the Sex Offender Registration
    Act;
        (x) in accordance with the Rights of Crime Victims and
    Witnesses Act;
        (xi) in accordance with Section 6 of the Abused and
    Neglected Long Term Care Facility Residents Reporting Act;
        (xii) in accordance with Section 55 of the Abuse of
    Adults with Disabilities Intervention Act; and
        (xiii) to an HIE as specifically allowed under this Act
    for HIE purposes and in accordance with any applicable
    requirements of the HIE; and .
        (xiv) to a law enforcement agency in connection with
    the investigation or recovery of a person who has left a
    mental health or developmental disability facility as
    defined in Section 1-107 or 1-114 of the Mental Health and
    Developmental Disabilities Code or the custody of the
    Department of Human Services without being duly discharged
    or being free to do so; however, disclosure shall be
    limited to identifying information as defined in Section
    12.2 of this Act.
    Any person, institution, or agency, under this Act,
participating in good faith in the making of a report under the
Abused and Neglected Child Reporting Act or in the disclosure
of records and communications under this Section, shall have
immunity from any liability, civil, criminal or otherwise, that
might result by reason of such action. For the purpose of any
proceeding, civil or criminal, arising out of a report or
disclosure under this Section, the good faith of any person,
institution, or agency so reporting or disclosing shall be
presumed.
(Source: P.A. 97-333, eff. 8-12-11; 97-375, eff. 8-15-11;
98-378, eff. 8-16-13.)
 
    (740 ILCS 110/12.1)  (from Ch. 91 1/2, par. 812.1)
    Sec. 12.1. A facility director or Department of Human
Services employee who has reason to believe that a violation of
criminal law or other serious incident has occurred within a
mental health or developmental disability facility or while
transporting a patient to or from a mental health or
developmental disability facility shall report that violation
or incident and the identity of individuals with personal
knowledge of the facts related to the violation or incident to
the appropriate law enforcement and investigating agencies.
    In the course of any investigation conducted pursuant to a
report made under this Section, any person with personal
knowledge of the incident or the circumstances surrounding the
incident shall disclose that information to the individuals
conducting the investigation, except that information
regarding a recipient of services shall be limited solely to
identifying information as defined in Section 12.2 of this Act
as well as information relating to the factual circumstances of
the incident.
(Source: P.A. 86-1417.)
 
    (740 ILCS 110/12.2)  (from Ch. 91 1/2, par. 812.2)
    Sec. 12.2. (a) When a recipient who has been judicially or
involuntarily admitted, or is a forensic recipient admitted to
a developmental disability or mental health facility, as
defined in Section 1-107 or 1-114 of the Mental Health and
Developmental Disabilities Code, is on an unauthorized absence
or otherwise has left the custody of the Department of Human
Services facility without being discharged or being free to do
so, the facility director shall immediately furnish and
disclose to the appropriate local law enforcement agency
identifying information, as defined in this Section, and all
further information unrelated to the diagnosis, treatment or
evaluation of the recipient's mental or physical health that
would aid the law enforcement agency in recovering locating and
apprehending the recipient and returning him or her to custody
the facility. When a forensic recipient is on an unauthorized
absence or otherwise has left the custody of the Department
facility without being discharged or being free to do so, the
facility director, or designee, of a mental health facility or
developmental facility operated by the Department shall also
immediately notify, in like manner, the Department of State
Police.
    (b) If a law enforcement agency requests information from a
developmental disability or mental health facility, as defined
in Section 1-107 or 1-114 of the Mental Health and
Developmental Disabilities Code, relating to a recipient who
has been admitted to the facility and for whom a missing person
report has been filed with a law enforcement agency, the
facility director shall, except in the case of a voluntary
recipient wherein the recipient's permission in writing must
first be obtained, furnish and disclose to the law enforcement
agency identifying information as is necessary to confirm or
deny whether that person is, or has been since the missing
person report was filed, a resident of that facility. The
facility director shall notify the law enforcement agency if
the missing person is admitted after the request. Any person
participating in good faith in the disclosure of information in
accordance with this provision shall have immunity from any
liability, civil, criminal, or otherwise, if the information is
disclosed relying upon the representation of an officer of a
law enforcement agency that a missing person report has been
filed.
    (c) Upon the request of a law enforcement agency in
connection with the investigation of a particular felony or sex
offense, when the investigation case file number is furnished
by the law enforcement agency, a facility director shall
immediately disclose to that law enforcement agency
identifying information on any forensic recipient who is
admitted to a developmental disability or mental health
facility, as defined in Section 1-107 or 1-114 of the Mental
Health and Developmental Disabilities Code, who was or may have
been away from the facility at or about the time of the
commission of a particular felony or sex offense, and: (1)
whose description, clothing, or both reasonably match the
physical description of any person allegedly involved in that
particular felony or sex offense; or (2) whose past modus
operandi matches the modus operandi of that particular felony
or sex offense.
    (d) For the purposes of this Section and Section 12.1, "law
enforcement agency" means an agency of the State or unit of
local government that is vested by law or ordinance with the
duty to maintain public order and to enforce criminal laws or
ordinances, the Federal Bureau of Investigation, the Central
Intelligence Agency, and the United States Secret Service.
    (e) For the purpose of this Section, "identifying
information" means the name, address, age, and a physical
description, including clothing, of the recipient of services,
the names and addresses of the recipient's nearest known
relatives, where the recipient was known to have been during
any past unauthorized absences from a facility, whether the
recipient may be suicidal, and the condition of the recipient's
physical health as it relates to exposure to the weather.
Except as provided in Section 11, in no case shall the facility
director disclose to the law enforcement agency any information
relating to the diagnosis, treatment, or evaluation of the
recipient's mental or physical health, unless the disclosure is
deemed necessary by the facility director to insure the safety
of the investigating officers or general public.
    (f) For the purpose of this Section, "forensic recipient"
means a recipient who is placed in a developmental disability
facility or mental health facility, as defined in Section 1-107
or 1-114 of the Mental Health and Developmental Disabilities
Code, pursuant to Article 104 of the Code of Criminal Procedure
of 1963 or Sections 3-8-5, 3-10-5 or 5-2-4 of the Unified Code
of Corrections.
(Source: P.A. 98-756, eff. 7-16-14.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.