Confidentiality Act protects mental health patient privacy

Health Law

By Caroline Vickrey and Mike Sherer

At Johnson & Bell, Caroline Vickrey practices in the Health Care Law Group and Mike Sherer concentrates his practice in Employment, Product Liability and General Negligence. Mike and Caroline have encountered the IMHADDCA frequently in their practices, as it applies to almost every type of action in state and federal courts. Their emails are vickreyc@jbltd.com and shererm@jbltd.com. A full version of this article is available on their profile pages at johnsonandbell.com.

Posted August 13, 2020 11:44 AM

The Illinois Mental Health and Developmental Disabilities Confidentiality Act, 740 ILCS 110/1 et seq., has carved out a unique exception to our legal system’s principles of liberal discovery, strictly prohibiting the disclosure of mental health records, even after death, in all but the narrowest circumstances.One such situation is where the recipient introduces his mental condition as an element of his claim or defense. An in camera examination of the testimony or documentary evidence follows, and the court may …

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