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Public Act 099-0028 |
SB0818 Enrolled | LRB099 03861 HEP 23875 b |
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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 2 and 3 as follows: |
(740 ILCS 110/2) (from Ch. 91 1/2, par. 802) |
Sec. 2. The terms used in this Act, unless the context |
requires otherwise, have the meanings ascribed to them in this |
Section. |
"Agent" means a person who has been legally appointed as an |
individual's agent under a power of attorney for health care or |
for property. |
"Business associate" has the meaning ascribed to it under |
HIPAA, as specified in 45 CFR 160.103. |
"Confidential communication" or "communication" means any |
communication made by a recipient or other person to a |
therapist or to or in the presence of other persons during or |
in connection with providing mental health or developmental |
disability services to a recipient. Communication includes |
information which indicates that a person is a recipient. |
"Communication" does not include information that has been |
de-identified in accordance with HIPAA, as specified in 45 CFR |
164.514. |
"Covered entity" has the meaning ascribed to it under |
HIPAA, as specified in 45 CFR 160.103. |
"Guardian" means a legally appointed guardian or |
conservator of the person. |
"Health information exchange" or "HIE" means a health |
information exchange or health information organization that |
oversees and governs the electronic exchange of health |
information that (i) is established pursuant to the Illinois |
Health Information Exchange and Technology Act, or any |
subsequent amendments thereto, and any administrative rules |
promulgated thereunder; or (ii) has established a data sharing |
arrangement with the Illinois Health Information Exchange; or |
(iii) as of the effective date of this amendatory Act of the |
98th General Assembly, was designated by the Illinois Health |
Information Exchange Authority Board as a member of, or was |
represented on, the Authority Board's Regional Health |
Information Exchange Workgroup; provided that such designation |
shall not require the establishment of a data sharing |
arrangement or other participation with the Illinois Health |
Information Exchange or the payment of any fee. |
"HIE purposes" means those uses and disclosures (as those |
terms are defined under HIPAA, as specified in 45 CFR 160.103) |
for activities of an HIE: (i) set forth in the Illinois Health |
Information Exchange and Technology Act or any subsequent |
amendments thereto and any administrative rules promulgated |
thereunder; or (ii) which are permitted under federal law. |
"HIPAA" means the Health Insurance Portability and |
Accountability Act of 1996, Public Law 104-191, and any |
subsequent amendments thereto and any regulations promulgated |
thereunder, including the Security Rule, as specified in 45 CFR |
164.302-18, and the Privacy Rule, as specified in 45 CFR |
164.500-34. |
"Integrated health system" means an organization with a |
system of care which incorporates physical and behavioral |
healthcare and includes care delivered in an inpatient and |
outpatient setting. |
"Interdisciplinary team" means a group of persons |
representing different clinical disciplines, such as medicine, |
nursing, social work, and psychology, providing and |
coordinating the care and treatment for a recipient of mental |
health or developmental disability services. The group may be |
composed of individuals employed by one provider or multiple |
providers. |
"Mental health or developmental disabilities services" or |
"services" includes but is not limited to examination, |
diagnosis, evaluation, treatment, training, pharmaceuticals, |
aftercare, habilitation or rehabilitation. |
"Personal notes" means: |
(i) information disclosed to the therapist in |
confidence by other persons on condition that such |
information would never be disclosed to the recipient or |
other persons; |
(ii) information disclosed to the therapist by the |
recipient which would be injurious to the recipient's |
relationships to other persons, and |
(iii) the therapist's speculations, impressions, |
hunches, and reminders. |
"Parent" means a parent or, in the absence of a parent or |
guardian, a person in loco parentis. |
"Recipient" means a person who is receiving or has received |
mental health or developmental disabilities services. |
"Record" means any record kept by a therapist or by an |
agency in the course of providing mental health or |
developmental disabilities service to a recipient concerning |
the recipient and the services provided. "Records" includes all |
records maintained by a court that have been created in |
connection with, in preparation for, or as a result of the |
filing of any petition or certificate under Chapter II, Chapter |
III, or Chapter IV of the Mental Health and Developmental |
Disabilities Code and includes the petitions, certificates, |
dispositional reports, treatment plans, and reports of |
diagnostic evaluations and of hearings under Article VIII of |
Chapter III or under Article V of Chapter IV of that Code. |
Record does not include the therapist's personal notes, if such |
notes are kept in the therapist's sole possession for his own |
personal use and are not disclosed to any other person, except |
the therapist's supervisor, consulting therapist or attorney. |
If at any time such notes are disclosed, they shall be |
considered part of the recipient's record for purposes of this |
Act. "Record" does not include information that has been |
de-identified in accordance with HIPAA, as specified in 45 CFR |
164.514. "Record" does not include a reference to the receipt |
of mental health or developmental disabilities services noted |
during a patient history and physical or other summary of care. |
"Record custodian" means a person responsible for |
maintaining a recipient's record. |
"Therapist" means a psychiatrist, physician, psychologist, |
social worker, or nurse providing mental health or |
developmental disabilities services or any other person not |
prohibited by law from providing such services or from holding |
himself out as a therapist if the recipient reasonably believes |
that such person is permitted to do so. Therapist includes any |
successor of the therapist. |
"Therapeutic relationship" means the receipt by a |
recipient of mental health or developmental disabilities |
services from a therapist. "Therapeutic relationship" does not |
include independent evaluations for a purpose other than the |
provision of mental health or developmental disabilities |
services. |
(Source: P.A. 98-378, eff. 8-16-13.) |
(740 ILCS 110/3) (from Ch. 91 1/2, par. 803) |
Sec. 3. (a) All records and communications shall be |
confidential and shall not be disclosed except as provided in |
this Act. Unless otherwise expressly provided for in this Act, |
records and communications made or created in the course of |
providing mental health or developmental disabilities services |
shall be protected from disclosure regardless of whether the |
records and communications are made or created in the course of |
a therapeutic relationship. |
(b) A therapist is not required to but may, to the extent |
he determines it necessary and appropriate, keep personal notes |
regarding a recipient. Such personal notes are the work product |
and personal property of the therapist and shall not be subject |
to discovery in any judicial, administrative or legislative |
proceeding or any proceeding preliminary thereto. |
(c) Psychological test material whose disclosure would |
compromise the objectivity or fairness of the testing process |
may not be disclosed to anyone including the subject of the |
test and is not subject to disclosure in any administrative, |
judicial or legislative proceeding. However, any recipient who |
has been the subject of the psychological test shall have the |
right to have all records relating to that test disclosed to |
any psychologist designated by the recipient. Requests for such |
disclosure shall be in writing and shall comply with the |
requirements of subsection (b) of Section 5 of this Act. |
(Source: P.A. 86-1417.)
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