Beginning January 1, 2024, an amendment to section 4 of the Mental Health and Developmental Disabilities Confidentiality Act, 740 ILCS 110/ et seq., came into effect regarding persons entitled to inspect and copy a recipient's record.

P.A. 103-474 (S.B. 188) adds a new category of persons entitled to access another individual recipient’s mental health information: “the personal representative under HIPAA, 45 CFR 164.502(g), of a recipient, regardless of the age of the recipient.”

This legislative change may impact the confidentiality and disclosure/non-disclosure of mental health records of minors ages 12 to 17, especially relating to requests for information from parents or guardians. Under the new law, minors ages 12 to 17 may lose their right to object to disclosure of their confidential mental health information to parents or guardians who have the legal ability to consent to treatment for the minor.         

There are, however, limited exceptions for potential risk of harm to the minor and disclosures against the minor’s best interest.  See article by Matthew R. Davison in this newsletter.

This article was provided by Joseph T. Monahan, MSW, ACSW, JD, the founding partner of Monahan Law Group, LLC, in Chicago. The firm focuses its practice in mental health, confidentiality, guardianship, probate and health care law. He may be contacted at jmonahan@monahanlawllc.com.