Bill Text: IL SB3562 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Including Families in Mental Health Recovery Act. Provides that no later than one year after the effective date of the Act, the Department of Human Services shall adopt rules clarifying the circumstances under which, consistent with the standards governing the privacy and security of individually identifiable health information, Illinois health care providers and covered entities may disclose the protected health information of patients with a mental illness. Provides that no later than one year after the effective date of this Act, the Department of Human Services shall develop and disseminate only within Illinois: (1) a model program and materials for training health care providers (including physicians, emergency medical personnel, psychologists, counselors, therapists, behavioral health facilities and clinics, care managers, and hospitals) regarding the circumstances under which, consistent with the standards governing privacy and security of individually identifiable health information under the Health Insurance Portability and Accountability Act of 1996, the protected health information of patients with a mental illness may be disclosed with and without patient consent; (2) a model program and materials for training lawyers and others in the legal profession on such circumstances; and (3) a model program and materials for training patients and their families regarding their rights to protect and obtain information under the standards specified in the Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB3562 Detail]

Download: Illinois-2023-SB3562-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3562 Introduced 2/9/2024, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
New Act
Creates the Including Families in Mental Health Recovery Act. Provides that no later than one year after the effective date of the Act, the Department of Human Services shall adopt rules clarifying the circumstances under which, consistent with the standards governing the privacy and security of individually identifiable health information, Illinois health care providers and covered entities may disclose the protected health information of patients with a mental illness. Provides that no later than one year after the effective date of this Act, the Department of Human Services shall develop and disseminate only within Illinois: (1) a model program and materials for training health care providers (including physicians, emergency medical personnel, psychologists, counselors, therapists, behavioral health facilities and clinics, care managers, and hospitals) regarding the circumstances under which, consistent with the standards governing privacy and security of individually identifiable health information under the Health Insurance Portability and Accountability Act of 1996, the protected health information of patients with a mental illness may be disclosed with and without patient consent; (2) a model program and materials for training lawyers and others in the legal profession on such circumstances; and (3) a model program and materials for training patients and their families regarding their rights to protect and obtain information under the standards specified in the Act.
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A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Including Families in Mental Health Recovery Act.
Section 5. Disclosure of protected health care
information. No later than one year after the effective date
of this Act, the Department of Human Services shall adopt
rules clarifying the circumstances under which, consistent
with the standards governing the privacy and security of
individually identifiable health information, Illinois health
care providers and covered entities may disclose the protected
health information of patients with a mental illness,
including for the purposes of:
(1) communicating with a patient's family, caregivers,
friends, or others involved in the patient's care,
including communication about treatments, side effects,
risk factors, and the availability of community resources;
(2) communicating with family or caregivers when the
patient is an adult;
(3) communicating with family or caregivers of a
patient who is a minor;
(4) considering the patient's capacity to agree or

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object to the sharing of the patient's information;
(5) communicating and sharing information with a
patient's family or caregivers when:
(A) the patient consents; or
(B) the patient does not consent but the patient
lacks the capacity to agree or object and the
communication or sharing of information is in the
patient's best interest;
(6) involving a patient's family members, friends, or
caregivers, or others involved in the patient's care, in
the patient's care plan, including treatment and
medication adherence, in dealing with patient failures to
adhere to medication or other therapy;
(7) listening to or receiving information from family
members or caregivers about their loved ones receiving
mental illness treatment;
(8) communicating with family members, caregivers, law
enforcement, or others when the patient presents a serious
and imminent threat of harm to self or others; and
(9) communicating to law enforcement and family
members or caregivers about the admission of a patient to
receive care at a facility or the release of a patient who
was admitted to a facility for an emergency psychiatric
hold or involuntary treatment.
Section 10. Development and dissemination of model

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training programs.
(a) No later than one year after the effective date of this
Act, the Department of Human Services shall develop and
disseminate only within Illinois:
(1) a model program and materials for training
health care providers (including physicians, emergency
medical personnel, psychologists, counselors,
therapists, behavioral health facilities and clinics,
care managers, and hospitals) regarding the
circumstances under which, consistent with the
standards governing privacy and security of
individually identifiable health information under the
Health Insurance Portability and Accountability Act of
1996, the protected health information of patients
with a mental illness may be disclosed with and
without patient consent;
(2) a model program and materials for training
lawyers and others in the legal profession on such
circumstances; and
(3) a model program and materials for training
patients and their families regarding their rights to
protect and obtain information under the standards
specified in paragraph (1).
(b) In developing the model programs and materials
required by this Section, the Department of Human Services
shall solicit the input of relevant national, State, and local

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