HB 3286 — DOMESTIC VIOLENCE-RECORDS

*LRB10411199JRC21281b* HB3286 104THEngrossed GENERALLRB104 ASSEMBLY11199 StateJRC of21281 Illinoisb andAN 2026ACT HB3286concerning Introducedcivil 2/18/2025,law. by Rep.

Maurice A.

West, II SYNOPSIS AS INTRODUCED:

ILCS 301/30-5 ILCS 305/9 from Ch.

111 1/2, par.

7309 ILCS 110/7 from Ch.

91 1/2, par.

807 Amends the Substance Use Disorder Act.

Provides that disclosure of nonexempt records protected under the Act may be disclosed for research activities under the Domestic Violence Fatality Review Act.

Amends the AIDS Confidentiality Act and the Mental Health and Developmental Disabilities Confidentiality Act.

Provides that staff and any designee of the Illinois Criminal Justice Information Authority, members of the Ad Hoc Statewide Domestic Violence Fatality Review Committee of the Illinois Criminal Justice Information Authority Board, and the regional domestic violence fatality review teams are entitled to receive, inspect, copy, and share HIV-related information of any person subject to a domestic violence fatality review as part of and in accordance with the provisions of the Domestic Violence Fatality Review Act.

Provides that the information disclosed is subject to the confidentiality requirements of the Domestic Violence Fatality Review Act.

Effective immediately.

LRB104 11199 JRC 21281 b A BILL FOR HB3286 LRB104 11199 JRC 21281 b AN ACT concerning civil law.

(d) Every patient shall have impartial access to services without regard to race, religion, sex, ethnicity, age, sexual HB3286 Engrossed - 2 - LRB104 11199 JRC 21281 b orientation, gender identity, marital status, or other disability.

(l) A patient in residential treatment shall be allowed to conduct private telephone conversations with family and HB3286 Engrossed - 3 - LRB104 11199 JRC 21281 b friends unless clinically contraindicated.

Before a patient is placed in an experimental research or medical procedure, the provider must first obtain his or her informed written consent or otherwise comply with the federal requirements regarding the protection of human HB3286 Engrossed - 4 - LRB104 11199 JRC 21281 b subjects contained in 45 CFR Part 46.

(w) All patients admitted to community-based treatment facilities shall be considered voluntary treatment patients HB3286 Engrossed - 5 - LRB104 11199 JRC 21281 b and such patients shall not be contained within a locked setting.

If a HB3286 Engrossed - 6 - LRB104 11199 JRC 21281 b person is refused admission, then staff, subject to rules promulgated by the Department, shall refer the person to another facility or to other appropriate services.

HB3286 Engrossed - 7 - LRB104 11199 JRC 21281 b (D) Communications within a program or between a program and an entity having direct administrative control over that program.

(C) For research activities as set forth in 42 CFR Sections 2.1(b)(2) and 2.52and2.52. the Domestic Violence Fatality Review Act.

HB3286(F) -In 8response -to LRB104a 11199request JRCmade 21281under b (3) The restrictions on disclosure and use of patient information apply whether the holderHB3286 ofEngrossed the- information8 already- hasLRB104 it,11199 hasJRC other21281 meansb ofDomestic obtainingViolence it,Fatality isReview aAct lawbut enforcementonly orto otherthe official,extent has obtained a subpoena, or asserts any other justification for a disclosure or use that is not permittedotherwise bysubject to 42 CFR Part 2.

(3) The restrictions on disclosure and use of patient information apply whether the holder of the information already has it, has other means of obtaining it, is a law enforcement or other official, has obtained a subpoena, or asserts any other justification for a disclosure or use that is not permitted by 42 CFR Part 2.

These regulations may contain such definitions, and may provide for such safeguards and procedures, including procedures HB3286 Engrossed - 9 - LRB104 11199 JRC 21281 b and criteria for the issuance and scope of court orders, as in the judgment of the Department are necessary or HB3286 - 9 - LRB104 11199 JRC 21281 b proper to effectuate the purposes of this Section, to prevent circumvention or evasion thereof, or to facilitate compliance therewith.

5-13-22.) HB3286 Engrossed - 10 - LRB104 11199 JRC 21281 b Section 10.

The AIDS Confidentiality Act is amended by HB3286 - 10 - LRB104 11199 JRC 21281 b changing Section 9 as follows:

(410 ILCS 305/9) (from Ch.

111 1/2, par.

7309) Sec.

9.

(1) No person may disclose or be compelled to disclose HIV-related information, except to the following persons:

(a) The subject of an HIV test or the subject's legally authorized representative.

A physician may notify the spouse or civil union partner of the test subject, if the test result is positive and has been confirmed pursuant to rules adopted by the Department, provided that the physician has first sought unsuccessfully to persuade the patient to notify the spouse or civil union partner or that, a reasonable time after the patient has agreed to make the notification, the physician has reason to believe that the patient has not provided the notification.

This paragraph shall not create a duty or obligation under which a physician must notify the spouse or civil union partner of the test results, nor shall such duty or obligation be implied.

No civil liability or criminal sanction under this Act shall be imposed for any disclosure or non-disclosure of a test result to a spouse or civil union partner by a physician acting in good faith under this paragraph.

For the purpose of any proceedings, civil or criminal, the good faith of any physician acting under this paragraph shall be presumed.

HB3286 - 11 - LRB104 11199 JRC 21281 b (b) Any person designated in a legally effective authorization for release of the HIV-related information executed by the subject of the HIV-related information or the subject's legally authorized representative.

(c) An authorized agent or employee of a health facility or health care provider if the health facility or health care provider itself is authorized to obtain the test results, the agent or employee provides patient care or handles or processes specimens of body fluids or tissues, and the agent or employee has a need to know such information.

(d) The Department and local health authorities serving a population of over 1,000,000 residents or other local health authorities as designated by the Department, in accordance with rules for reporting, preventing, and controlling the spread of disease and the conduct of public health surveillance, public health investigations, and public health interventions, as otherwise provided by State law.

The Department, local health authorities, and authorized representatives shall not disclose HIV test results and HIV-related information, publicly or in any action of any kind in any court or before any tribunal, board, or agency.