Public Act 103-0969
 
SB3288 EnrolledLRB103 37694 JRC 67821 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 2 and 11 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. 
    "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 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.
    "Research" has the meaning ascribed to it under HIPAA as 
specified in 45 CFR 164.501. 
    "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. 103-508, eff. 8-4-23.)
 
    (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; 
        (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; and . 
        (xv) for research in accordance with the requirements 
    set forth under HIPAA. Without limiting the generality of 
    the foregoing, any authorization obtained in connection 
    with research that meets the requirements of 45 CFR 
    164.508(c) shall be exempt from the consent requirements 
    of Section 5 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. 98-378, eff. 8-16-13; 99-216, eff. 7-31-15.)