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Illinois House Bill HB3286

Illinois 2025-2026 Regular Session

Illinois House Bill HB3286 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3286 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 20 ILCS 301/30-5410 ILCS 305/9 from Ch. 111 1/2, par. 7309740 ILCS 110/7 from Ch. 91 1/2, par. 807 Amends the Substance Use Disorder Act. Provides that disclosure of nonexempt records protected under the Act may be disclosed for research activities under the Domestic Violence Fatality Review Act. Amends the AIDS Confidentiality Act and the Mental Health and Developmental Disabilities Confidentiality Act. Provides that staff and any designee of the Illinois Criminal Justice Information Authority, members of the Ad Hoc Statewide Domestic Violence Fatality Review Committee of the Illinois Criminal Justice Information Authority Board, and the regional domestic violence fatality review teams are entitled to receive, inspect, copy, and share HIV-related information of any person subject to a domestic violence fatality review as part of and in accordance with the provisions of the Domestic Violence Fatality Review Act. Provides that the information disclosed is subject to the confidentiality requirements of the Domestic Violence Fatality Review Act. Effective immediately. LRB104 11199 JRC 21281 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3286 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 20 ILCS 301/30-5410 ILCS 305/9 from Ch. 111 1/2, par. 7309740 ILCS 110/7 from Ch. 91 1/2, par. 807 20 ILCS 301/30-5 410 ILCS 305/9 from Ch. 111 1/2, par. 7309 740 ILCS 110/7 from Ch. 91 1/2, par. 807 Amends the Substance Use Disorder Act. Provides that disclosure of nonexempt records protected under the Act may be disclosed for research activities under the Domestic Violence Fatality Review Act. Amends the AIDS Confidentiality Act and the Mental Health and Developmental Disabilities Confidentiality Act. Provides that staff and any designee of the Illinois Criminal Justice Information Authority, members of the Ad Hoc Statewide Domestic Violence Fatality Review Committee of the Illinois Criminal Justice Information Authority Board, and the regional domestic violence fatality review teams are entitled to receive, inspect, copy, and share HIV-related information of any person subject to a domestic violence fatality review as part of and in accordance with the provisions of the Domestic Violence Fatality Review Act. Provides that the information disclosed is subject to the confidentiality requirements of the Domestic Violence Fatality Review Act. Effective immediately. LRB104 11199 JRC 21281 b LRB104 11199 JRC 21281 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3286 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
33 20 ILCS 301/30-5410 ILCS 305/9 from Ch. 111 1/2, par. 7309740 ILCS 110/7 from Ch. 91 1/2, par. 807 20 ILCS 301/30-5 410 ILCS 305/9 from Ch. 111 1/2, par. 7309 740 ILCS 110/7 from Ch. 91 1/2, par. 807
44 20 ILCS 301/30-5
55 410 ILCS 305/9 from Ch. 111 1/2, par. 7309
66 740 ILCS 110/7 from Ch. 91 1/2, par. 807
77 Amends the Substance Use Disorder Act. Provides that disclosure of nonexempt records protected under the Act may be disclosed for research activities under the Domestic Violence Fatality Review Act. Amends the AIDS Confidentiality Act and the Mental Health and Developmental Disabilities Confidentiality Act. Provides that staff and any designee of the Illinois Criminal Justice Information Authority, members of the Ad Hoc Statewide Domestic Violence Fatality Review Committee of the Illinois Criminal Justice Information Authority Board, and the regional domestic violence fatality review teams are entitled to receive, inspect, copy, and share HIV-related information of any person subject to a domestic violence fatality review as part of and in accordance with the provisions of the Domestic Violence Fatality Review Act. Provides that the information disclosed is subject to the confidentiality requirements of the Domestic Violence Fatality Review Act. Effective immediately.
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1313 1 AN ACT concerning civil law.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Substance Use Disorder Act is amended by
1717 5 changing Section 30-5 as follows:
1818 6 (20 ILCS 301/30-5)
1919 7 Sec. 30-5. Patients' rights established.
2020 8 (a) For purposes of this Section, "patient" means any
2121 9 person who is receiving or has received early intervention,
2222 10 treatment, or other recovery support services under this Act
2323 11 or any category of service licensed as "intervention" under
2424 12 this Act.
2525 13 (b) No patient shall be deprived of any rights, benefits,
2626 14 or privileges guaranteed by law, the Constitution of the
2727 15 United States of America, or the Constitution of the State of
2828 16 Illinois solely because of his or her status as a patient.
2929 17 (c) Persons who have substance use disorders who are also
3030 18 suffering from medical conditions shall not be discriminated
3131 19 against in admission or treatment by any hospital that
3232 20 receives support in any form supported in whole or in part by
3333 21 funds appropriated to any State department or agency.
3434 22 (d) Every patient shall have impartial access to services
3535 23 without regard to race, religion, sex, ethnicity, age, sexual
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3939 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3286 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
4040 20 ILCS 301/30-5410 ILCS 305/9 from Ch. 111 1/2, par. 7309740 ILCS 110/7 from Ch. 91 1/2, par. 807 20 ILCS 301/30-5 410 ILCS 305/9 from Ch. 111 1/2, par. 7309 740 ILCS 110/7 from Ch. 91 1/2, par. 807
4141 20 ILCS 301/30-5
4242 410 ILCS 305/9 from Ch. 111 1/2, par. 7309
4343 740 ILCS 110/7 from Ch. 91 1/2, par. 807
4444 Amends the Substance Use Disorder Act. Provides that disclosure of nonexempt records protected under the Act may be disclosed for research activities under the Domestic Violence Fatality Review Act. Amends the AIDS Confidentiality Act and the Mental Health and Developmental Disabilities Confidentiality Act. Provides that staff and any designee of the Illinois Criminal Justice Information Authority, members of the Ad Hoc Statewide Domestic Violence Fatality Review Committee of the Illinois Criminal Justice Information Authority Board, and the regional domestic violence fatality review teams are entitled to receive, inspect, copy, and share HIV-related information of any person subject to a domestic violence fatality review as part of and in accordance with the provisions of the Domestic Violence Fatality Review Act. Provides that the information disclosed is subject to the confidentiality requirements of the Domestic Violence Fatality Review Act. Effective immediately.
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7474 1 orientation, gender identity, marital status, or other
7575 2 disability.
7676 3 (e) Patients shall be permitted the free exercise of
7777 4 religion.
7878 5 (f) Every patient's personal dignity shall be recognized
7979 6 in the provision of services, and a patient's personal privacy
8080 7 shall be assured and protected within the constraints of his
8181 8 or her individual treatment.
8282 9 (g) Treatment services shall be provided in the least
8383 10 restrictive environment possible.
8484 11 (h) Each patient receiving treatment services shall be
8585 12 provided an individual treatment plan, which shall be
8686 13 periodically reviewed and updated as mandated by
8787 14 administrative rule.
8888 15 (i) Treatment shall be person-centered, meaning that every
8989 16 patient shall be permitted to participate in the planning of
9090 17 his or her total care and medical treatment to the extent that
9191 18 his or her condition permits.
9292 19 (j) A person shall not be denied treatment solely because
9393 20 he or she has withdrawn from treatment against medical advice
9494 21 on a prior occasion or had prior treatment episodes.
9595 22 (k) The patient in residential treatment shall be
9696 23 permitted visits by family and significant others, unless such
9797 24 visits are clinically contraindicated.
9898 25 (l) A patient in residential treatment shall be allowed to
9999 26 conduct private telephone conversations with family and
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110110 1 friends unless clinically contraindicated.
111111 2 (m) A patient in residential treatment shall be permitted
112112 3 to send and receive mail without hindrance, unless clinically
113113 4 contraindicated.
114114 5 (n) A patient shall be permitted to manage his or her own
115115 6 financial affairs unless the patient or the patient's
116116 7 guardian, or if the patient is a minor, the patient's parent,
117117 8 authorizes another competent person to do so.
118118 9 (o) A patient shall be permitted to request the opinion of
119119 10 a consultant at his or her own expense, or to request an
120120 11 in-house review of a treatment plan, as provided in the
121121 12 specific procedures of the provider. A treatment provider is
122122 13 not liable for the negligence of any consultant.
123123 14 (p) Unless otherwise prohibited by State or federal law,
124124 15 every patient shall be permitted to obtain from his or her own
125125 16 physician, the treatment provider, or the treatment provider's
126126 17 consulting physician complete and current information
127127 18 concerning the nature of care, procedures, and treatment that
128128 19 he or she will receive.
129129 20 (q) A patient shall be permitted to refuse to participate
130130 21 in any experimental research or medical procedure without
131131 22 compromising his or her access to other, non-experimental
132132 23 services. Before a patient is placed in an experimental
133133 24 research or medical procedure, the provider must first obtain
134134 25 his or her informed written consent or otherwise comply with
135135 26 the federal requirements regarding the protection of human
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146146 1 subjects contained in 45 CFR Part 46.
147147 2 (r) All medical treatment and procedures shall be
148148 3 administered as ordered by a physician and in accordance with
149149 4 all Department rules.
150150 5 (s) Every patient in treatment shall be permitted to
151151 6 refuse medical treatment and to know the consequences of such
152152 7 action. Such refusal by a patient shall free the treatment
153153 8 licensee from the obligation to provide the treatment.
154154 9 (t) Unless otherwise prohibited by State or federal law,
155155 10 every patient, patient's guardian, or parent, if the patient
156156 11 is a minor, shall be permitted to inspect and copy all clinical
157157 12 and other records kept by the intervention or treatment
158158 13 licensee or by his or her physician concerning his or her care
159159 14 and maintenance. The licensee or physician may charge a
160160 15 reasonable fee for the duplication of a record.
161161 16 (u) No owner, licensee, administrator, employee, or agent
162162 17 of a licensed intervention or treatment program shall abuse or
163163 18 neglect a patient. It is the duty of any individual who becomes
164164 19 aware of such abuse or neglect to report it to the Department
165165 20 immediately.
166166 21 (v) The licensee may refuse access to any person if the
167167 22 actions of that person are or could be injurious to the health
168168 23 and safety of a patient or the licensee, or if the person seeks
169169 24 access for commercial purposes.
170170 25 (w) All patients admitted to community-based treatment
171171 26 facilities shall be considered voluntary treatment patients
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182182 1 and such patients shall not be contained within a locked
183183 2 setting.
184184 3 (x) Patients and their families or legal guardians shall
185185 4 have the right to present complaints to the provider or the
186186 5 Department concerning the quality of care provided to the
187187 6 patient, without threat of discharge or reprisal in any form
188188 7 or manner whatsoever. The complaint process and procedure
189189 8 shall be adopted by the Department by rule. The treatment
190190 9 provider shall have in place a mechanism for receiving and
191191 10 responding to such complaints, and shall inform the patient
192192 11 and the patient's family or legal guardian of this mechanism
193193 12 and how to use it. The provider shall analyze any complaint
194194 13 received and, when indicated, take appropriate corrective
195195 14 action. Every patient and his or her family member or legal
196196 15 guardian who makes a complaint shall receive a timely response
197197 16 from the provider that substantively addresses the complaint.
198198 17 The provider shall inform the patient and the patient's family
199199 18 or legal guardian about other sources of assistance if the
200200 19 provider has not resolved the complaint to the satisfaction of
201201 20 the patient or the patient's family or legal guardian.
202202 21 (y) A patient may refuse to perform labor at a program
203203 22 unless such labor is a part of the patient's individual
204204 23 treatment plan as documented in the patient's clinical record.
205205 24 (z) A person who is in need of services may apply for
206206 25 voluntary admission in the manner and with the rights provided
207207 26 for under regulations promulgated by the Department. If a
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218218 1 person is refused admission, then staff, subject to rules
219219 2 promulgated by the Department, shall refer the person to
220220 3 another facility or to other appropriate services.
221221 4 (aa) No patient shall be denied services based solely on
222222 5 HIV status. Further, records and information governed by the
223223 6 AIDS Confidentiality Act and the AIDS Confidentiality and
224224 7 Testing Code (77 Ill. Adm. Code 697) shall be maintained in
225225 8 accordance therewith.
226226 9 (bb) Records of the identity, diagnosis, prognosis or
227227 10 treatment of any patient maintained in connection with the
228228 11 performance of any service or activity relating to substance
229229 12 use disorder education, early intervention, intervention,
230230 13 training, or treatment that is regulated, authorized, or
231231 14 directly or indirectly assisted by any Department or agency of
232232 15 this State or under any provision of this Act shall be
233233 16 confidential and may be disclosed only in accordance with the
234234 17 provisions of federal law and regulations concerning the
235235 18 confidentiality of substance use disorder patient records as
236236 19 contained in 42 U.S.C. Sections 290dd-2 and 42 CFR Part 2, or
237237 20 any successor federal statute or regulation.
238238 21 (1) The following are exempt from the confidentiality
239239 22 protections set forth in 42 CFR Section 2.12(c):
240240 23 (A) Veteran's Administration records.
241241 24 (B) Information obtained by the Armed Forces.
242242 25 (C) Information given to qualified service
243243 26 organizations.
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254254 1 (D) Communications within a program or between a
255255 2 program and an entity having direct administrative
256256 3 control over that program.
257257 4 (E) Information given to law enforcement personnel
258258 5 investigating a patient's commission of a crime on the
259259 6 program premises or against program personnel.
260260 7 (F) Reports under State law of incidents of
261261 8 suspected child abuse and neglect; however,
262262 9 confidentiality restrictions continue to apply to the
263263 10 records and any follow-up information for disclosure
264264 11 and use in civil or criminal proceedings arising from
265265 12 the report of suspected abuse or neglect.
266266 13 (2) If the information is not exempt, a disclosure can
267267 14 be made only under the following circumstances:
268268 15 (A) With patient consent as set forth in 42 CFR
269269 16 Sections 2.1(b)(1) and 2.31, and as consistent with
270270 17 pertinent State law.
271271 18 (B) For medical emergencies as set forth in 42 CFR
272272 19 Sections 2.1(b)(2) and 2.51.
273273 20 (C) For research activities as set forth in 42 CFR
274274 21 Sections 2.1(b)(2) and 2.52and the Domestic Violence
275275 22 Fatality Review Act.
276276 23 (D) For audit evaluation activities as set forth
277277 24 in 42 CFR Section 2.53.
278278 25 (E) With a court order as set forth in 42 CFR
279279 26 Sections 2.61 through 2.67.
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290290 1 (3) The restrictions on disclosure and use of patient
291291 2 information apply whether the holder of the information
292292 3 already has it, has other means of obtaining it, is a law
293293 4 enforcement or other official, has obtained a subpoena, or
294294 5 asserts any other justification for a disclosure or use
295295 6 that is not permitted by 42 CFR Part 2. Any court orders
296296 7 authorizing disclosure of patient records under this Act
297297 8 must comply with the procedures and criteria set forth in
298298 9 42 CFR Sections 2.64 and 2.65. Except as authorized by a
299299 10 court order granted under this Section, no record referred
300300 11 to in this Section may be used to initiate or substantiate
301301 12 any charges against a patient or to conduct any
302302 13 investigation of a patient.
303303 14 (4) The prohibitions of this subsection shall apply to
304304 15 records concerning any person who has been a patient,
305305 16 regardless of whether or when the person ceases to be a
306306 17 patient.
307307 18 (5) Any person who discloses the content of any record
308308 19 referred to in this Section except as authorized shall,
309309 20 upon conviction, be guilty of a Class A misdemeanor.
310310 21 (6) The Department shall prescribe regulations to
311311 22 carry out the purposes of this subsection. These
312312 23 regulations may contain such definitions, and may provide
313313 24 for such safeguards and procedures, including procedures
314314 25 and criteria for the issuance and scope of court orders,
315315 26 as in the judgment of the Department are necessary or
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326326 1 proper to effectuate the purposes of this Section, to
327327 2 prevent circumvention or evasion thereof, or to facilitate
328328 3 compliance therewith.
329329 4 (cc) Each patient shall be given a written explanation of
330330 5 all the rights enumerated in this Section and a copy, signed by
331331 6 the patient, shall be kept in every patient record. If a
332332 7 patient is unable to read such written explanation, it shall
333333 8 be read to the patient in a language that the patient
334334 9 understands. A copy of all the rights enumerated in this
335335 10 Section shall be posted in a conspicuous place within the
336336 11 program where it may readily be seen and read by program
337337 12 patients and visitors.
338338 13 (dd) The program shall ensure that its staff is familiar
339339 14 with and observes the rights and responsibilities enumerated
340340 15 in this Section.
341341 16 (ee) Licensed organizations shall comply with the right of
342342 17 any adolescent to consent to treatment without approval of the
343343 18 parent or legal guardian in accordance with the Consent by
344344 19 Minors to Health Care Services Act.
345345 20 (ff) At the point of admission for services, licensed
346346 21 organizations must obtain written informed consent, as defined
347347 22 in Section 1-10 and in administrative rule, from each client,
348348 23 patient, or legal guardian.
349349 24 (Source: P.A. 102-813, eff. 5-13-22.)
350350 25 Section 10. The AIDS Confidentiality Act is amended by
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361361 1 changing Section 9 as follows:
362362 2 (410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
363363 3 Sec. 9. (1) No person may disclose or be compelled to
364364 4 disclose HIV-related information, except to the following
365365 5 persons:
366366 6 (a) The subject of an HIV test or the subject's
367367 7 legally authorized representative. A physician may notify
368368 8 the spouse or civil union partner of the test subject, if
369369 9 the test result is positive and has been confirmed
370370 10 pursuant to rules adopted by the Department, provided that
371371 11 the physician has first sought unsuccessfully to persuade
372372 12 the patient to notify the spouse or civil union partner or
373373 13 that, a reasonable time after the patient has agreed to
374374 14 make the notification, the physician has reason to believe
375375 15 that the patient has not provided the notification. This
376376 16 paragraph shall not create a duty or obligation under
377377 17 which a physician must notify the spouse or civil union
378378 18 partner of the test results, nor shall such duty or
379379 19 obligation be implied. No civil liability or criminal
380380 20 sanction under this Act shall be imposed for any
381381 21 disclosure or non-disclosure of a test result to a spouse
382382 22 or civil union partner by a physician acting in good faith
383383 23 under this paragraph. For the purpose of any proceedings,
384384 24 civil or criminal, the good faith of any physician acting
385385 25 under this paragraph shall be presumed.
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396396 1 (b) Any person designated in a legally effective
397397 2 authorization for release of the HIV-related information
398398 3 executed by the subject of the HIV-related information or
399399 4 the subject's legally authorized representative.
400400 5 (c) An authorized agent or employee of a health
401401 6 facility or health care provider if the health facility or
402402 7 health care provider itself is authorized to obtain the
403403 8 test results, the agent or employee provides patient care
404404 9 or handles or processes specimens of body fluids or
405405 10 tissues, and the agent or employee has a need to know such
406406 11 information.
407407 12 (d) The Department and local health authorities
408408 13 serving a population of over 1,000,000 residents or other
409409 14 local health authorities as designated by the Department,
410410 15 in accordance with rules for reporting, preventing, and
411411 16 controlling the spread of disease and the conduct of
412412 17 public health surveillance, public health investigations,
413413 18 and public health interventions, as otherwise provided by
414414 19 State law. The Department, local health authorities, and
415415 20 authorized representatives shall not disclose HIV test
416416 21 results and HIV-related information, publicly or in any
417417 22 action of any kind in any court or before any tribunal,
418418 23 board, or agency. HIV test results and HIV-related
419419 24 information shall be protected from disclosure in
420420 25 accordance with the provisions of Sections 8-2101 through
421421 26 8-2105 of the Code of Civil Procedure.
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432432 1 (e) A health facility, health care provider, or health
433433 2 care professional which procures, processes, distributes
434434 3 or uses: (i) a human body part from a deceased person with
435435 4 respect to medical information regarding that person; or
436436 5 (ii) semen provided prior to the effective date of this
437437 6 Act for the purpose of artificial insemination.
438438 7 (f) Health facility staff committees for the purposes
439439 8 of conducting program monitoring, program evaluation or
440440 9 service reviews.
441441 10 (f-5) (Blank).
442442 11 (g) (Blank).
443443 12 (h) Any health care provider, health care
444444 13 professional, or employee of a health facility, and any
445445 14 firefighter or EMR, EMT, A-EMT, paramedic, PHRN, or EMT-I,
446446 15 involved in an accidental direct skin or mucous membrane
447447 16 contact with the blood or bodily fluids of an individual
448448 17 which is of a nature that may transmit HIV, as determined
449449 18 by a physician in his medical judgment.
450450 19 (i) Any law enforcement officer, as defined in
451451 20 subsection (c) of Section 7, involved in the line of duty
452452 21 in a direct skin or mucous membrane contact with the blood
453453 22 or bodily fluids of an individual which is of a nature that
454454 23 may transmit HIV, as determined by a physician in his
455455 24 medical judgment.
456456 25 (j) A temporary caretaker of a child taken into
457457 26 temporary protective custody by the Department of Children
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468468 1 and Family Services pursuant to Section 5 of the Abused
469469 2 and Neglected Child Reporting Act, as now or hereafter
470470 3 amended.
471471 4 (k) In the case of a minor under 18 years of age whose
472472 5 test result is positive and has been confirmed pursuant to
473473 6 rules adopted by the Department, the health care
474474 7 professional who ordered the test shall make a reasonable
475475 8 effort to notify the minor's parent or legal guardian if,
476476 9 in the professional judgment of the health care
477477 10 professional, notification would be in the best interest
478478 11 of the child and the health care professional has first
479479 12 sought unsuccessfully to persuade the minor to notify the
480480 13 parent or legal guardian or a reasonable time after the
481481 14 minor has agreed to notify the parent or legal guardian,
482482 15 the health care professional has reason to believe that
483483 16 the minor has not made the notification. This subsection
484484 17 shall not create a duty or obligation under which a health
485485 18 care professional must notify the minor's parent or legal
486486 19 guardian of the test results, nor shall a duty or
487487 20 obligation be implied. No civil liability or criminal
488488 21 sanction under this Act shall be imposed for any
489489 22 notification or non-notification of a minor's test result
490490 23 by a health care professional acting in good faith under
491491 24 this subsection. For the purpose of any proceeding, civil
492492 25 or criminal, the good faith of any health care
493493 26 professional acting under this subsection shall be
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504504 1 presumed.
505505 2 (l) Staff and any designee of the Illinois Criminal
506506 3 Justice Information Authority, members of the Ad Hoc Statewide
507507 4 Domestic Violence Fatality Review Committee of the Illinois
508508 5 Criminal Justice Information Authority Board, and the regional
509509 6 domestic violence fatality review teams shall be entitled to
510510 7 receive, inspect, copy, and share HIV-related information of
511511 8 any person subject to a domestic violence fatality review,
512512 9 including, but not limited, a person who experienced or caused
513513 10 a near-fatality or fatality related to domestic violence, for
514514 11 the purposes of domestic violence fatality review and in
515515 12 accordance with the responsibilities required and authorized
516516 13 by the Domestic Violence Fatality Review Act. Information
517517 14 disclosed under this Section is subject to the confidentiality
518518 15 requirements of the Domestic Violence Fatality Review Act.
519519 16 (2) All information and records held by a State agency,
520520 17 local health authority, or health oversight agency pertaining
521521 18 to HIV-related information shall be strictly confidential and
522522 19 exempt from copying and inspection under the Freedom of
523523 20 Information Act. The information and records shall not be
524524 21 released or made public by the State agency, local health
525525 22 authority, or health oversight agency, shall not be admissible
526526 23 as evidence nor discoverable in any action of any kind in any
527527 24 court or before any tribunal, board, agency, or person, and
528528 25 shall be treated in the same manner as the information and
529529 26 those records subject to the provisions of Part 21 of Article
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540540 1 VIII of the Code of Civil Procedure, except under the
541541 2 following circumstances:
542542 3 (A) when made with the written consent of all persons
543543 4 to whom the information pertains; or
544544 5 (B) when authorized by Section 5-4-3 of the Unified
545545 6 Code of Corrections.
546546 7 Disclosure shall be limited to those who have a need to
547547 8 know the information, and no additional disclosures may be
548548 9 made.
549549 10 (Source: P.A. 102-168, eff. 7-27-21.)
550550 11 Section 15. The Mental Health and Developmental
551551 12 Disabilities Confidentiality Act is amended by changing
552552 13 Section 7 as follows:
553553 14 (740 ILCS 110/7) (from Ch. 91 1/2, par. 807)
554554 15 Sec. 7. Review of therapist or agency; use of recipient's
555555 16 record.
556556 17 (a) When a therapist or agency which provides services is
557557 18 being reviewed for purposes of licensure, statistical
558558 19 compilation, research, evaluation, or other similar purpose, a
559559 20 recipient's record may be used by the person conducting the
560560 21 review to the extent that this is necessary to accomplish the
561561 22 purpose of the review, provided that personally identifiable
562562 23 data is removed from the record before use. Personally
563563 24 identifiable data may be disclosed only in accordance with
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574574 1 Section 5 of this Act. Licensure and the like may not be
575575 2 withheld or withdrawn for failure to disclose personally
576576 3 identifiable data if consent is not obtained.
577577 4 (b) When an agency which provides services is being
578578 5 reviewed for purposes of funding, accreditation, reimbursement
579579 6 or audit by a State or federal agency or accrediting body, a
580580 7 recipient's record may be used by the person conducting the
581581 8 review and personally identifiable information may be
582582 9 disclosed without consent, provided that the personally
583583 10 identifiable information is necessary to accomplish the
584584 11 purpose of the review.
585585 12 For the purpose of this subsection, an inspection
586586 13 investigation or site visit by the United States Department of
587587 14 Justice regarding compliance with a pending consent decree is
588588 15 considered an audit by a federal agency.
589589 16 (c) An independent team of experts under Brian's Law shall
590590 17 be entitled to inspect and copy the records of any recipient
591591 18 whose death is being examined by such a team pursuant to the
592592 19 mortality review process authorized by Brian's Law.
593593 20 Information disclosed under this subsection may not be
594594 21 redisclosed without the written consent of one of the persons
595595 22 identified in Section 4 of this Act.
596596 23 (d) Staff and any designee of the Illinois Criminal
597597 24 Justice Information Authority, members of the Ad Hoc Statewide
598598 25 Domestic Violence Fatality Review Committee of the Illinois
599599 26 Criminal Justice Information Authority Board, and the regional
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610610 1 domestic violence fatality review teams shall be entitled to
611611 2 receive, inspect, copy, and share the records covered by this
612612 3 Act of any recipient subject to a domestic violence fatality
613613 4 review, including, but not limited to, a recipient who
614614 5 experienced or caused a near-fatality or fatality related to
615615 6 domestic violence, for the purposes of domestic violence
616616 7 fatality review and in accordance with the responsibilities
617617 8 required and authorized by the Domestic Violence Fatality
618618 9 Review Act. Information disclosed under this section is
619619 10 subject to the confidentiality requirements of the Domestic
620620 11 Violence Fatality Review Act.
621621 12 (Source: P.A. 98-378, eff. 8-16-13.)
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