The Illinois Mental Health and Developmental Disabilities Confidentiality Act
The Illinois Mental Health and Developmental Disabilities Confidentiality Act is, for all intents and purposes, the bible for mental health confidentiality purposes. The Illinois statute provides that except where this Act allows, all records and information derived from mental health services shall be maintained as confidential and not disclosed. The provisions of the Illinois Mental Health and Developmental Disabilities Confidentiality Act are more restrictive than even HIPAA! Illinois law provides that the privilege established by the Illinois Mental Health and Developmental Disabilities Confidentiality Act is a dual privilege. It is the privilege of the patient and the therapist, on behalf of, and in the interest of the patient. Therefore, it is an obligation of all mental health providers to maintain confidentiality even at their own expense (for attorneys fees and costs and the like). At Nye Law Group, Ltd., we assist mental health providers in complying with the Illinois and federal confidentiality laws and their obligation to maintain this privilege in an efficient and cost-effective manner.
The Illinois law provides very detailed and restrictive obligations upon providers of services, their business associates, and attorneys with regard to the obligation to follow the technical requirements for disclosures. These requirements include specific language being provided in subpoenas, specific elements being present in a release of information form, and the procedures where by attorneys may request disclosure of mental health information in their cases.
Nye Law Group, Ltd., represents mental health providers when they have received illegal releases or subpoenas for disclosure of information related to their patients. It is our effort to minimize the cost and disturbance to our clients practices, which result from these requests, when they are not compliant with the Illinois and Federal Law.
If you wish for a copy of our release of information form which is compliant under Illinois and Federal confidentiality statutes, please forward a request to [email protected]