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| Public Act 103-0969
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| SB3288 Enrolled | LRB103 37694 JRC 67821 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Mental Health and Developmental |
Disabilities Confidentiality Act is amended by changing |
Sections 2 and 11 as follows:
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(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.)
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