Illinois Compiled Statutes 740 Civil Liabilities: Article -

• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 1
  This Act shall be known and may be cited as the "Mental Health and Developmental Disabilities Confidentiality Act". (Source: P.A. 80-1508.)
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 2
  The terms used in this Act, unless the context requires otherwise, have the meanings ascribed to them in this Section. "Agent" means a person who...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 3
  (a) All records and communications shall be confidential and shall not be disclosed except as provided in this Act. (b) A therapist is not...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 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...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 5
  Disclosure; consent. (a) Except as provided in Sections 6 through 12.2 of this Act, records and communications may be disclosed to someone other than...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 6
  Such information from a recipient's record as is necessary to enable him to apply for or receive benefits may be disclosed with consent obtained pursuant...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 7
  Review of therapist or agency; use of recipient's record. (a) When a therapist or agency which provides services is being reviewed for purposes of licensure,...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 7.1
  Interagency disclosures. (a) Nothing in this Act shall be construed to prevent the interagency disclosure of the name, social security number, and information concerning services...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 8
  In the course of an investigation, or in the course of monitoring issues concerning the rights of recipients or the services provided to recipients...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 8.1
  The agency designated by the Governor under Section 1 of "An Act in relation to the protection and advocacy of the rights of persons...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 9
  In the course of providing services and after the conclusion of the provision of services, including for the purposes of treatment and care coordination, a...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 9.1
  The Department of Human Services, and other agencies and institutions which provide services, may disclose a recipient's record or communications, without consent, to the...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 9.2
  Interagency disclosure of recipient information. For the purposes of continuity of care, the Department of Human Services (as successor to the Department of Mental Health...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 9.3
  Disclosure without consent under the Sexually Violent Persons Commitment Act. Disclosure may be made without consent by any therapist or other treatment provider providing...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 9.4
  Disclosure for treatment and coordination of care. (a) For recipients in a program administered or operated by the Department of Healthcare and Family Services or...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 9.5
  Use and disclosure of information to an HIE. (a) An HIE, person, therapist, facility, agency, interdisciplinary team, integrated health system, business associate, or covered entity...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 9.6
  HIE opt-out. The Illinois Health Information Exchange Authority shall, through appropriate rules, standards, or contractual obligations, which shall be binding upon any HIE, as defined...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 9.7
  Other limitations on consent requirements. The consent requirements under Section 5 may not be required for the use or disclosure (as those terms are defined...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 9.8
  Business associates. An HIE, person, therapist, facility, agency, interdisciplinary team, integrated health system, business associate, covered entity, the Illinois Health Information Exchange Authority, or entity...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 9.9
  Record locator service. (a) An HIE, person, therapist, facility, agency, interdisciplinary team, integrated health system, business associate, covered entity, the Illinois Health Information Exchange Authority,...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 9.10
  Interagency disclosures by HIE. Nothing in this Act shall be construed to limit the use of an HIE to facilitate the disclosure or re-disclosure of...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 9.11
  Establishment and disclosure of limited data sets and de-identified information. (a) An HIE, person, therapist, facility, agency, interdisciplinary team, integrated health system, business associate, covered...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 10
  (a) Except as provided herein, in any civil, criminal, administrative, or legislative proceeding, or in any proceeding preliminary thereto, a recipient, and a therapist on...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 11
  Disclosure of records and communications. Records and communications may be disclosed: (i) in accordance with the provisions of the Abused and Neglected Child Reporting Act,...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 12
  (a) If the United States Secret Service or the Department of State Police requests information from a mental health or developmental disability facility, as defined...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 12.1
  A facility director who has reason to believe that a violation of criminal law or other serious incident has occurred within a mental health...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 12.2
  (a) When a recipient who has been judicially or involuntarily admitted, or is a forensic recipient admitted to a developmental disability or mental health facility,...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 12.3
  Nothing in this Act shall be construed to prevent compliance with the notice requirements of Sections 3-902 and 4-704 of the Mental Health and...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 13
  Whenever disclosure of a record or communication is made without consent pursuant to this Act, other than uses, disclosures, or redisclosures permitted under Sections 9.5,...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 14
  Any agreement purporting to waive any of the provisions of this Act is void. (Source: P.A. 80-1508.)
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 15
  Any person aggrieved by a violation of this Act may sue for damages, an injunction, or other appropriate relief. Reasonable attorney's fees and costs...
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 16
  Any person who knowingly and wilfully violates any provision of this Act is guilty of a Class A misdemeanor. (Source: P.A. 80-1508.)
• Illinois Mental Health and Developmental Disabilities Confidentiality Act. - 740 ILCS 110, Section 17
  The Secretary of Human Services shall adopt rules and regulations to implement this Act. (Source: P.A. 89-507, eff. 7-1-97.)

Last modified: February 18, 2015