Bill Text: IL SB3288 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Mental Health and Developmental Disabilities Confidentiality Act. Defines "research" to have the meaning that is ascribed to it in HIPAA and the Code of Federal Regulations. Provides that records and communications may be disclosed for research in accordance with the requirements set forth under HIPAA and the Code of Federal Regulations.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2024-05-07 - Placed on Calendar Order of 3rd Reading - Short Debate [SB3288 Detail]

Download: Illinois-2023-SB3288-Engrossed.html

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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 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

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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

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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

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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

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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

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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

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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

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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

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