Bill Text: IL SB0188 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Consent by Minors to Health Care Services Act. Allows a parent who consents to the performance upon his or her child of a health care service to request to inspect and copy the child's records or any part thereof so long as it is related to the health care service the parent consented to. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Allows the personal representative under HIPAA of a recipient to request to inspect and copy a recipient's record or any part thereof, regardless of the age of the recipient.

Spectrum: Slight Partisan Bill (Republican 6-3)

Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0474 [SB0188 Detail]

Download: Illinois-2023-SB0188-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0188 Introduced 1/31/2023, by Sen. Steve McClure SYNOPSIS AS INTRODUCED:
410 ILCS 210/2 from Ch. 111, par. 4502
740 ILCS 110/4 from Ch. 91 1/2, par. 804
Amends the Consent by Minors to Health Care Services Act. Allows a parent who consents to the performance upon his or her child of a health care service to request to inspect and copy the child's records or any part thereof so long as it is related to the health care service the parent consented to. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Allows the personal representative under HIPAA of a recipient to request to inspect and copy a recipient's record or any part thereof, regardless of the age of the recipient.
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A BILL FOR
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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 Consent by Minors to Health Care Services
Act is amended by changing Section 2 as follows:
(410 ILCS 210/2) (from Ch. 111, par. 4502)
Sec. 2. Any parent, including a parent who is a minor, may
consent to the performance upon his or her child of a health
care service by a physician licensed to practice medicine in
all its branches, a chiropractic physician, a licensed
optometrist, a licensed advanced practice registered nurse, or
a licensed physician assistant or a dental procedure by a
licensed dentist. The consent of a parent who is a minor shall
not be voidable because of such minority, but, for such
purpose, a parent who is a minor shall be deemed to have the
same legal capacity to act and shall have the same powers and
obligations as has a person of legal age.
A parent who consents to the performance upon his or her
child of a health care service under this Section shall be
entitled, upon request, to inspect and copy the child's
records or any part thereof so long as it is related to the
health care service the parent consented to.
(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18;

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100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
Section 10. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 4 as follows:
(740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
Sec. 4. (a) The following persons shall be entitled, upon
request, to inspect and copy a recipient's record or any part
thereof:
(1) the parent or guardian of a recipient who is under
12 years of age;
(2) the recipient if he is 12 years of age or older;
(3) the parent or guardian of a recipient who is at
least 12 but under 18 years, if the recipient is informed
and does not object or if the therapist does not find that
there are compelling reasons for denying the access. The
parent or guardian who is denied access by either the
recipient or the therapist may petition a court for access
to the record. Nothing in this paragraph is intended to
prohibit the parent or guardian of a recipient who is at
least 12 but under 18 years from requesting and receiving
the following information: current physical and mental
condition, diagnosis, treatment needs, services provided,
and services needed, including medication, if any;
(3.5) the personal representative under HIPAA, 45 CFR

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164.502(g), of a recipient, regardless of the age of the
recipient;
(4) the guardian of a recipient who is 18 years or
older;
(5) an attorney or guardian ad litem who represents a
minor 12 years of age or older in any judicial or
administrative proceeding, provided that the court or
administrative hearing officer has entered an order
granting the attorney this right;
(6) an agent appointed under a recipient's power of
attorney for health care or for property, when the power
of attorney authorizes the access;
(7) an attorney-in-fact appointed under the Mental
Health Treatment Preference Declaration Act; or
(8) any person in whose care and custody the recipient
has been placed pursuant to Section 3-811 of the Mental
Health and Developmental Disabilities Code.
(b) Assistance in interpreting the record may be provided
without charge and shall be provided if the person inspecting
the record is under 18 years of age. However, access may in no
way be denied or limited if the person inspecting the record
refuses the assistance. A reasonable fee may be charged for
duplication of a record. However, when requested to do so in
writing by any indigent recipient, the custodian of the
records shall provide at no charge to the recipient, or to the
Guardianship and Advocacy Commission, the agency designated by

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the Governor under Section 1 of the Protection and Advocacy
for Persons with Developmental Disabilities Act or to any
other not-for-profit agency whose primary purpose is to
provide free legal services or advocacy for the indigent and
who has received written authorization from the recipient
under Section 5 of this Act to receive his records, one copy of
any records in its possession whose disclosure is authorized
under this Act.
(c) Any person entitled to access to a record under this
Section may submit a written statement concerning any disputed
or new information, which statement shall be entered into the
record. Whenever any disputed part of a record is disclosed,
any submitted statement relating thereto shall accompany the
disclosed part. Additionally, any person entitled to access
may request modification of any part of the record which he
believes is incorrect or misleading. If the request is
refused, the person may seek a court order to compel
modification.
(d) Whenever access or modification is requested, the
request and any action taken thereon shall be noted in the
recipient's record.
(Source: P.A. 99-143, eff. 7-27-15.)