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| 1 | AN ACT concerning civil liabilities.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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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: | ||||||
| 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 | ||||||
| 18 | Healthcare and Family Services and the Department of Human | ||||||
| 19 | Services, to hospitals, physicians, therapists, emergency | ||||||
| 20 | medical personnel, and members of an interdisciplinary team | ||||||
| 21 | treating a recipient for the purposes of treatment and | ||||||
| 22 | coordination of care. | ||||||
| 23 | (b) An interdisciplinary team treating a recipient may | ||||||
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| 1 | disclose the recipient's records without the recipient's | ||||||
| 2 | consent to other members of the team. | ||||||
| 3 | (c) The records that may be disclosed under this Section | ||||||
| 4 | are services rendered, providers rendering the services, | ||||||
| 5 | pharmaceuticals prescribed or dispensed, and diagnoses. All | ||||||
| 6 | disclosures under this Section must be made in a manner | ||||||
| 7 | consistent with existing federal and State laws and | ||||||
| 8 | regulations, including the federal Health Insurance | ||||||
| 9 | Portability and Accountability Act (HIPAA). | ||||||
| 10 | (d) For the purpose of this Section only: | ||||||
| 11 | "Integrated health system" means an organization with | ||||||
| 12 | a system of care which incorporates physical and behavioral | ||||||
| 13 | healthcare and includes care delivered in an inpatient and | ||||||
| 14 | outpatient setting. | ||||||
| 15 | "Interdisciplinary team" means a group of persons, | ||||||
| 16 | representing different clinical disciplines (medicine, | ||||||
| 17 | nursing, social work, psychology, etc.) providing and | ||||||
| 18 | coordinating the care and treatment for a person with | ||||||
| 19 | mental illness. The group may be composed of individuals | ||||||
| 20 | employed by one provider or multiple providers.
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| 21 | Section 99. Effective date. This Act takes effect upon | ||||||
| 22 | becoming law.
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