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IL HB4694

Bill

Status

Passed

8/15/2014

Primary Sponsor

Dan Brady

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Origin

House of Representatives

98th General Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Local Government4/23/2014
Assignments4/10/2014
Judiciary3/3/2014
Rules2/5/2014

Full Bill Text

No bill text available