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IL HB4694
Bill
Status
8/15/2014
Primary Sponsor
Dan Brady
Click for details
AI Summary
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Changes Section 10 of the Mental Health and Developmental Disabilities Confidentiality Act to require (rather than permit) disclosure of deceased recipient records to a coroner conducting a preliminary investigation into the recipient's death under Section 3-3013 of the Counties Code.
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Removes the previous limitation that restricted coroner disclosure to only records and communications relating to the factual circumstances of the incident being investigated in a mental health facility.
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Maintains all other existing exceptions to mental health confidentiality privilege, including disclosures for civil/criminal proceedings where mental condition is at issue, insurance matters, court-ordered examinations, and juvenile court proceedings.
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Requires written notice and opportunity to be heard before disclosure of mental health records under subpoena in most civil and administrative proceedings, with specific language mandated in all subpoenas.
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Establishes that facilities must notify recipients or guardians of legislative committee requests for records within 5 business days and allow 10 business days to object before disclosure occurs.
Legislative Description
MENTAL HEALTH RECORDS: CORONER
Last Action
Public Act . . . . . . . . . 98-0908
8/15/2014