HB 3843 — MNTL HLTH-RECIPIENT RECORDS

HB3843 EngrossedEnrolled LRB096 04214 AJO 14260 b AN ACT concerning civil law.

(1) Records and communications may be disclosed in a civil, criminal or administrative proceeding in which the recipient introduces his mental condition or any aspect of his services received for such condition as an element of his claim or defense, if and only to the extent the court in which the proceedings have been brought, or, in the case of an administrative proceeding, the court to which an appeal or other action for review of an administrative determination may be taken, finds, after in camera examination of testimony or other evidence, that it is HB3843 EngrossedEnrolled - 2 - LRB096 04214 AJO 14260 b relevant, probative, not unduly prejudicial or inflammatory, and otherwise clearly admissible;

(2) Records or communications may be disclosed in a civil proceeding after the recipient's death when the HB3843 EngrossedEnrolled - 3 - LRB096 04214 AJO 14260 b recipient's physical or mental condition has been introduced as an element of a claim or defense by any party claiming or defending through or as a beneficiary of the recipient, provided the court finds, after in camera examination of the evidence, that it is relevant, probative, and otherwise clearly admissible;

(4) Records and communications made to or by a HB3843 EngrossedEnrolled - 4 - LRB096 04214 AJO 14260 b therapist in the course of examination ordered by a court for good cause shown may, if otherwise relevant and admissible, be disclosed in a civil, criminal, or administrative proceeding in which the recipient is a party or in appropriate pretrial proceedings, provided such court has found that the recipient has been as adequately and as effectively as possible informed before submitting to such examination that such records and communications would not be considered confidential or privileged.

(7) Records and communications of the recipient may be disclosed in any civil or administrative proceeding involving the validity of or benefits under a life, HB3843 EngrossedEnrolled - 5 - LRB096 04214 AJO 14260 b accident, health or disability insurance policy or certificate, or Health Care Service Plan Contract, insuring the recipient, but only if and to the extent that the recipient's mental condition, or treatment or services in connection therewith, is a material element of any claim or defense of any party, provided that information sought or disclosed shall not be redisclosed except in connection with the proceeding in which disclosure is made.

However, records and communications of the deceased recipient disclosed in an investigation shall be limited solely to the deceased recipient's records and communications relating to the HB3843 EngrossedEnrolled - 6 - LRB096 04214 AJO 14260 b factual circumstances of the incident being investigated in a mental health facility.

Whenever records are disclosed pursuant to this subdivision (12), the recipient of the records shall be advised in writing HB3843 EngrossedEnrolled - 7 - LRB096 04214 AJO 14260 b that any person who discloses mental health records and communications in violation of this Act may be subject to civil liability pursuant to Section 15 of this Act or to criminal penalties pursuant to Section 16 of this Act or both.

(c) A recipient's records and communications may be disclosed to a duly authorized committee, commission or subcommittee of the General Assembly which possesses subpoena and hearing powers, upon a written request approved by a HB3843 EngrossedEnrolled - 8 - LRB096 04214 AJO 14260 b majority vote of the committee, commission or subcommittee members.

Disclosure under this subsection shall not occur until all personally identifiable data of the recipient and provider are HB3843 EngrossedEnrolled - 9 - LRB096 04214 AJO 14260 b removed from the records and communications.

(f) A recipient's records and communications shall be disclosed to the Inspector General of the Department of Human Services within 10 business days of a request by the Inspector General (i) in the course of an investigation authorized by the Department of Human Services Act Abused and Neglected Long Term HB3843 EngrossedEnrolled - 10 - LRB096 04214 AJO 14260 b Care Facility Residents Reporting Act and applicable rule or (ii) during the course of an assessment authorized by the Abuse of Adults with Disabilities Intervention Act and applicable rule.