Illinois Mental Health Confidentiality

Confidentiality refers to the legal duty not to disclose confidential information without the client’s written, informed consent. There are exceptions to the duty of non-disclosure. These are set out in the statute that covers the particular activity which gives rise to the duty of confidentiality. The general rule is that no disclosure of  records / information / services, as defined under the Illinois Mental Health and Developmental Disabilities Confidentiality Act (IMHDDCA), may occur unless there is a specific exception to allow a disclosure provided for under the statute.

What Laws Create A Duty Of Confidentiality?

The duty of confidentiality is created in several ways: by licensing and other statutes and regulations; by the contract between the provider and recipient of services; by professional ethical codes; and by employers’ policies and procedures.

In Illinois, mental health information is governed by the Illinois Mental Health and Developmental Disabilities Confidentiality Act. Substance abuse information is governed by the Alcoholism and Other Drug Abuse and Dependency Act, which incorporates the federal regulations on confidentiality of substance abuse information. Licensed behavioral health clinicians are also governed by their licensing statutes. Because the Illinois Law is, for the most part, more restrictive than the provisions of HIPAA, the more restrictive Illinois Law, to the extent it is more restrictive than HIPAA, is the established minimum level of confidentiality that must be maintained.

What is Confidential Mental Health information?

This is information derived from any communication made by a recipient or other person to a therapist, or to or in the presence of other persons, during or in connection with providing mental health or developmental disability services to a recipient. Communication includes information which indicates that a person is a recipient.

“Mental health or developmental disabilities services” or “services” includes, but is not limited to, examination, diagnosis, evaluation, treatment, training, pharmaceuticals, aftercare, habilitation or rehabilitation.

“Treatment” is an effort to accomplish an improvement in the mental condition or related behavior of a recipient, and includes, but is not limited to, hospitalization, partial hospitalization, outpatient services, examination, diagnosis, evaluation, care, training, psychotherapy, pharmaceuticals, and other services provided for recipients by mental health facilities.

Confidentiality Overview