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Full Text of HB3286

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HB3286 - 104th General Assembly

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HB3286 Engrossed
LRB104 11199 JRC 21281 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Substance Use Disorder Act is amended by
5
changing Section 30-5 as follows:

6

(20 ILCS 301/30-5)
7

Sec. 30-5.
Patients' rights established.
8

(a) For purposes of this Section, "patient" means any
9
person who is receiving or has received early intervention,
10
treatment, or other recovery support services under this Act
11
or any category of service licensed as "intervention" under
12
this Act.
13

(b) No patient shall be deprived of any rights, benefits,
14
or privileges guaranteed by law, the Constitution of the
15
United States of America, or the Constitution of the State of
16
Illinois solely because of his or her status as a patient.
17

(c) Persons who have substance use disorders who are also
18
suffering from medical conditions shall not be discriminated
19
against in admission or treatment by any hospital that
20
receives support in any form supported in whole or in part by
21
funds appropriated to any State department or agency.
22

(d) Every patient shall have impartial access to services
23
without regard to race, religion, sex, ethnicity, age, sexual

HB3286 Engrossed
- 2 -
LRB104 11199 JRC 21281 b
1
orientation, gender identity, marital status, or other
2
disability.
3

(e) Patients shall be permitted the free exercise of
4
religion.
5

(f) Every patient's personal dignity shall be recognized
6
in the provision of services, and a patient's personal privacy
7
shall be assured and protected within the constraints of his
8
or her individual treatment.
9

(g) Treatment services shall be provided in the least
10
restrictive environment possible.
11

(h) Each patient receiving treatment services shall be
12
provided an individual treatment plan, which shall be
13
periodically reviewed and updated as mandated by
14
administrative rule.
15

(i) Treatment shall be person-centered, meaning that every
16
patient shall be permitted to participate in the planning of
17
his or her total care and medical treatment to the extent that
18
his or her condition permits.
19

(j) A person shall not be denied treatment solely because
20
he or she has withdrawn from treatment against medical advice
21
on a prior occasion or had prior treatment episodes.
22

(k) The patient in residential treatment shall be
23
permitted visits by family and significant others, unless such
24
visits are clinically contraindicated.
25

(l) A patient in residential treatment shall be allowed to
26
conduct private telephone conversations with family and

HB3286 Engrossed
- 3 -
LRB104 11199 JRC 21281 b
1
friends unless clinically contraindicated.
2

(m) A patient in residential treatment shall be permitted
3
to send and receive mail without hindrance, unless clinically
4
contraindicated.
5

(n) A patient shall be permitted to manage his or her own
6
financial affairs unless the patient or the patient's
7
guardian, or if the patient is a minor, the patient's parent,
8
authorizes another competent person to do so.
9

(o) A patient shall be permitted to request the opinion of
10
a consultant at his or her own expense, or to request an
11
in-house review of a treatment plan, as provided in the
12
specific procedures of the provider. A treatment provider is
13
not liable for the negligence of any consultant.
14

(p) Unless otherwise prohibited by State or federal law,
15
every patient shall be permitted to obtain from his or her own
16
physician, the treatment provider, or the treatment provider's
17
consulting physician complete and current information
18
concerning the nature of care, procedures, and treatment that
19
he or she will receive.
20

(q) A patient shall be permitted to refuse to participate
21
in any experimental research or medical procedure without
22
compromising his or her access to other, non-experimental
23
services. Before a patient is placed in an experimental
24
research or medical procedure, the provider must first obtain
25
his or her informed written consent or otherwise comply with
26
the federal requirements regarding the protection of human

HB3286 Engrossed
- 4 -
LRB104 11199 JRC 21281 b
1
subjects contained in 45 CFR Part 46.
2

(r) All medical treatment and procedures shall be
3
administered as ordered by a physician and in accordance with
4
all Department rules.
5

(s) Every patient in treatment shall be permitted to
6
refuse medical treatment and to know the consequences of such
7
action. Such refusal by a patient shall free the treatment
8
licensee from the obligation to provide the treatment.
9

(t) Unless otherwise prohibited by State or federal law,
10
every patient, patient's guardian, or parent, if the patient
11
is a minor, shall be permitted to inspect and copy all clinical
12
and other records kept by the intervention or treatment
13
licensee or by his or her physician concerning his or her care
14
and maintenance. The licensee or physician may charge a
15
reasonable fee for the duplication of a record.
16

(u) No owner, licensee, administrator, employee, or agent
17
of a licensed intervention or treatment program shall abuse or
18
neglect a patient. It is the duty of any individual who becomes
19
aware of such abuse or neglect to report it to the Department
20
immediately.
21

(v) The licensee may refuse access to any person if the
22
actions of that person are or could be injurious to the health
23
and safety of a patient or the licensee, or if the person seeks
24
access for commercial purposes.
25

(w) All patients admitted to community-based treatment
26
facilities shall be considered voluntary treatment patients

HB3286 Engrossed
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LRB104 11199 JRC 21281 b
1
and such patients shall not be contained within a locked
2
setting.
3

(x) Patients and their families or legal guardians shall
4
have the right to present complaints to the provider or the
5
Department concerning the quality of care provided to the
6
patient, without threat of discharge or reprisal in any form
7
or manner whatsoever. The complaint process and procedure
8
shall be adopted by the Department by rule. The treatment
9
provider shall have in place a mechanism for receiving and
10
responding to such complaints, and shall inform the patient
11
and the patient's family or legal guardian of this mechanism
12
and how to use it. The provider shall analyze any complaint
13
received and, when indicated, take appropriate corrective
14
action. Every patient and his or her family member or legal
15
guardian who makes a complaint shall receive a timely response
16
from the provider that substantively addresses the complaint.
17
The provider shall inform the patient and the patient's family
18
or legal guardian about other sources of assistance if the
19
provider has not resolved the complaint to the satisfaction of
20
the patient or the patient's family or legal guardian.
21

(y) A patient may refuse to perform labor at a program
22
unless such labor is a part of the patient's individual
23
treatment plan as documented in the patient's clinical record.
24

(z) A person who is in need of services may apply for
25
voluntary admission in the manner and with the rights provided
26
for under regulations promulgated by the Department. If a

HB3286 Engrossed
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LRB104 11199 JRC 21281 b
1
person is refused admission, then staff, subject to rules
2
promulgated by the Department, shall refer the person to
3
another facility or to other appropriate services.
4

(aa) No patient shall be denied services based solely on
5
HIV status. Further, records and information governed by the
6
AIDS Confidentiality Act and the AIDS Confidentiality and
7
Testing Code (77 Ill. Adm. Code 697) shall be maintained in
8
accordance therewith.
9

(bb) Records of the identity, diagnosis, prognosis or
10
treatment of any patient maintained in connection with the
11
performance of any service or activity relating to substance
12
use disorder education, early intervention, intervention,
13
training, or treatment that is regulated, authorized, or
14
directly or indirectly assisted by any Department or agency of
15
this State or under any provision of this Act shall be
16
confidential and may be disclosed only in accordance with the
17
provisions of federal law and regulations concerning the
18
confidentiality of substance use disorder patient records as
19
contained in 42 U.S.C. Sections 290dd-2 and 42 CFR Part 2, or
20
any successor federal statute or regulation.
21

(1) The following are exempt from the confidentiality
22

protections set forth in 42 CFR Section 2.12(c):
23

(A) Veteran's Administration records.
24

(B) Information obtained by the Armed Forces.
25

(C) Information given to qualified service
26

organizations.

HB3286 Engrossed
- 7 -
LRB104 11199 JRC 21281 b
1

(D) Communications within a program or between a
2

program and an entity having direct administrative
3

control over that program.
4

(E) Information given to law enforcement personnel
5

investigating a patient's commission of a crime on the
6

program premises or against program personnel.
7

(F) Reports under State law of incidents of
8

suspected child abuse and neglect; however,
9

confidentiality restrictions continue to apply to the
10

records and any follow-up information for disclosure
11

and use in civil or criminal proceedings arising from
12

the report of suspected abuse or neglect.
13

(2) If the information is not exempt, a disclosure can
14

be made only under the following circumstances:
15

(A) With patient consent as set forth in 42 CFR
16

Sections 2.1(b)(1) and 2.31, and as consistent with
17

pertinent State law.
18

(B) For medical emergencies as set forth in 42 CFR
19

Sections 2.1(b)(2) and 2.51.
20

(C) For research activities as set forth in 42 CFR
21

Sections 2.1(b)(2) and 2.52.
22

(D) For audit evaluation activities as set forth
23

in 42 CFR Section 2.53.
24

(E) With a court order as set forth in 42 CFR
25

Sections 2.61 through 2.67.
26

(F) In response to a request made under the

HB3286 Engrossed
- 8 -
LRB104 11199 JRC 21281 b
1

Domestic Violence Fatality Review Act but only to the
2

extent not otherwise subject to 42 CFR Part 2.
3

(3) The restrictions on disclosure and use of patient
4

information apply whether the holder of the information
5

already has it, has other means of obtaining it, is a law
6

enforcement or other official, has obtained a subpoena, or
7

asserts any other justification for a disclosure or use
8

that is not permitted by 42 CFR Part 2. Any court orders
9

authorizing disclosure of patient records under this Act
10

must comply with the procedures and criteria set forth in
11

42 CFR Sections 2.64 and 2.65. Except as authorized by a
12

court order granted under this Section, no record referred
13

to in this Section may be used to initiate or substantiate
14

any charges against a patient or to conduct any
15

investigation of a patient.
16

(4) The prohibitions of this subsection shall apply to
17

records concerning any person who has been a patient,
18

regardless of whether or when the person ceases to be a
19

patient.
20

(5) Any person who discloses the content of any record
21

referred to in this Section except as authorized shall,
22

upon conviction, be guilty of a Class A misdemeanor.
23

(6) The Department shall prescribe regulations to
24

carry out the purposes of this subsection. These
25

regulations may contain such definitions, and may provide
26

for such safeguards and procedures, including procedures

HB3286 Engrossed
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LRB104 11199 JRC 21281 b
1

and criteria for the issuance and scope of court orders,
2

as in the judgment of the Department are necessary or
3

proper to effectuate the purposes of this Section, to
4

prevent circumvention or evasion thereof, or to facilitate
5

compliance therewith.
6

(cc) Each patient shall be given a written explanation of
7
all the rights enumerated in this Section and a copy, signed by
8
the patient, shall be kept in every patient record. If a
9
patient is unable to read such written explanation, it shall
10
be read to the patient in a language that the patient
11
understands. A copy of all the rights enumerated in this
12
Section shall be posted in a conspicuous place within the
13
program where it may readily be seen and read by program
14
patients and visitors.
15

(dd) The program shall ensure that its staff is familiar
16
with and observes the rights and responsibilities enumerated
17
in this Section.
18

(ee) Licensed organizations shall comply with the right of
19
any adolescent to consent to treatment without approval of the
20
parent or legal guardian in accordance with the Consent by
21
Minors to Health Care Services Act.
22

(ff) At the point of admission for services, licensed
23
organizations must obtain written informed consent, as defined
24
in Section 1-10 and in administrative rule, from each client,
25
patient, or legal guardian.
26
(Source: P.A. 102-813, eff. 5-13-22.)

HB3286 Engrossed
- 10 -
LRB104 11199 JRC 21281 b
1

Section 10.
The Mental Health and Developmental
2
Disabilities Confidentiality Act is amended by changing
3
Section 7 as follows:

4

(740 ILCS 110/7)

(from Ch. 91 1/2, par. 807)
5

Sec. 7.
Review of therapist or agency; use of recipient's
6
record.
7

(a) When a therapist or agency which provides services is
8
being reviewed for purposes of licensure, statistical
9
compilation, research, evaluation, or other similar purpose, a
10
recipient's record may be used by the person conducting the
11
review to the extent that this is necessary to accomplish the
12
purpose of the review, provided that personally identifiable
13
data is removed from the record before use. Personally
14
identifiable data may be disclosed only in accordance with
15
Section 5 of this Act. Licensure and the like may not be
16
withheld or withdrawn for failure to disclose personally
17
identifiable data if consent is not obtained.
18

(b) When an agency which provides services is being
19
reviewed for purposes of funding, accreditation, reimbursement
20
or audit by a State or federal agency or accrediting body, a
21
recipient's record may be used by the person conducting the
22
review and personally identifiable information may be
23
disclosed without consent, provided that the personally
24
identifiable information is necessary to accomplish the

HB3286 Engrossed
- 11 -
LRB104 11199 JRC 21281 b
1
purpose of the review.
2

For the purpose of this subsection, an inspection
3
investigation or site visit by the United States Department of
4
Justice regarding compliance with a pending consent decree is
5
considered an audit by a federal agency.
6

(c) An independent team of experts under Brian's Law shall
7
be entitled to inspect and copy the records of any recipient
8
whose death is being examined by such a team pursuant to the
9
mortality review process authorized by Brian's Law.
10
Information disclosed under this subsection may not be
11
redisclosed without the written consent of one of the persons
12
identified in Section 4 of this Act.
13

(d) Staff and any designee of the Illinois Criminal
14
Justice Information Authority, members of the Ad Hoc Statewide
15
Domestic Violence Fatality Review Committee of the Illinois
16
Criminal Justice Information Authority Board, and the regional
17
domestic violence fatality review teams are entitled to
18
receive, inspect, copy, and share the records covered by this
19
Act of any recipient subject to a domestic violence fatality
20
review, including, but not limited to, a recipient who
21
experienced or caused a near-fatality or fatality related to
22
domestic violence, for the purposes of domestic violence
23
fatality review and in accordance with the responsibilities
24
required and authorized by the Domestic Violence Fatality
25
Review Act. Information disclosed under this Section is
26
subject to the confidentiality requirements of the Domestic

HB3286 Engrossed
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LRB104 11199 JRC 21281 b
1
Violence Fatality Review Act.

2
(Source: P.A. 98-378, eff. 8-16-13.)

3

Section 99.
Effective date.
This Act takes effect upon
4
becoming law.

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