Bill Text: IL HB4506 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Mental Health and Developmental Disabilities Confidentiality Act. Allows, upon request, an investigator or attorney employed by the Department of Financial and Professional Regulation investigating any provider of mental health or developmental disabilities services who is a licensee of the Department to inspect and copy a recipient's record or any part thereof. Provides that nothing in the Act prohibits the use of a recipient's records in an administrative proceeding conducted by the Department.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4506 Detail]

Download: Illinois-2023-HB4506-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4506 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
740 ILCS 110/4 from Ch. 91 1/2, par. 804
Amends the Mental Health and Developmental Disabilities Confidentiality Act. Allows, upon request, an investigator or attorney employed by the Department of Financial and Professional Regulation investigating any provider of mental health or developmental disabilities services who is a licensee of the Department to inspect and copy a recipient's record or any part thereof. Provides that nothing in the Act prohibits the use of a recipient's records in an administrative proceeding conducted by the Department.
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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 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

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condition, diagnosis, treatment needs, services provided,
and services needed, including medication, if any;
(3.5) the personal representative under HIPAA, 45 CFR
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; or .
(9) an investigator or attorney employed by the
Department of Financial and Professional Regulation, upon
the presentation of a Department of Financial and
Professional Regulation subpoena, investigating any
provider of mental health or developmental disabilities
services who is a licensee of the Department of Financial

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and Professional Regulation. Nothing in this Act prohibits
the use of a recipient's records in an administrative
proceeding conducted by the Department of Financial and
Professional Regulation.
(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
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

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