Bill Text: IL SB0188 | 2023-2024 | 103rd General Assembly | Chaptered
Bill Title: Amends the Consent by Minors to Health Care Services Act. Allows a parent who consents to the performance upon his or her child of a health care service to request to inspect and copy the child's records or any part thereof so long as it is related to the health care service the parent consented to. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Allows the personal representative under HIPAA of a recipient to request to inspect and copy a recipient's record or any part thereof, regardless of the age of the recipient.
Spectrum: Slight Partisan Bill (Republican 6-3)
Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0474 [SB0188 Detail]
Download: Illinois-2023-SB0188-Chaptered.html
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| Public Act 103-0474 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Consent by Minors to Health Care Services | ||||
Act is amended by changing Section 2 as follows:
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(410 ILCS 210/2) (from Ch. 111, par. 4502)
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Sec. 2. Any parent, including a parent who is a minor, may | ||||
consent to the
performance upon his or her child of a health | ||||
care service by a
physician licensed to practice medicine in | ||||
all its branches, a chiropractic physician, a licensed | ||||
optometrist, a licensed advanced practice registered nurse, or | ||||
a licensed physician assistant or a dental procedure
by a | ||||
licensed dentist. The consent of a parent who is a minor shall | ||||
not be
voidable because of such minority, but, for such | ||||
purpose, a parent who is a
minor shall be deemed to have the | ||||
same legal capacity to act and shall have
the same powers and | ||||
obligations as has a person of legal age. | ||||
A parent who consents to the performance upon the parent's
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child of a health care service under this Section shall be
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entitled, upon request, to inspect and copy the part of that | ||||
child's records related to the specific health care service
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for which the parent is treated as the child's personal
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representative under HIPAA, 45 CFR 164.502(g). For purposes of | ||||
this Section, each appointment, referral, test, treatment, | ||
procedure, or other medical intervention is a separate and | ||
distinct health care service for the purpose of determining | ||
whether a parent is treated as the child's personal | ||
representative under HIPAA, 45 CFR 164.502(g), with respect to | ||
that health care service.
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(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18; | ||
100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
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Section 10. The Mental Health and Developmental | ||
Disabilities Confidentiality Act is amended by changing | ||
Section 4 as follows:
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(740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
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Sec. 4.
(a) The following persons shall be entitled, upon | ||
request,
to inspect and copy a recipient's record or any part | ||
thereof:
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(1) the parent or guardian of a recipient who is under | ||
12 years of age;
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(2) the recipient if he is 12 years of age or older;
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(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 | ||
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;
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(4) the guardian of a recipient who is 18 years or | ||
older;
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(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;
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(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;
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(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. | ||
(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
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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
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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.
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(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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disclosed part. Additionally, any person entitled to access | ||
may request
modification of any part of the record which he | ||
believes is incorrect or
misleading. If the request is | ||
refused, the person may seek a court order
to compel | ||
modification.
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(d) Whenever access or modification is requested, the | ||
request and any
action taken thereon shall be noted in the | ||
recipient's record.
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(Source: P.A. 99-143, eff. 7-27-15.)
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