Bill
HB 2994
Expands access to mental health records tied to special education: allows parents of minors, designated reps for students over 18, and HIPAA personal reps to inspect records.
Status & key dates
- Public Act: 104-0263 (Enrolled HB 2994)
- Filed: Feb 18, 2025; Governor approved: Aug 15, 2025
- Effective date: January 1, 2026
- Statute amended: Mental Health and Developmental Disabilities Confidentiality Act, Section 4 (740 ILCS 110/4)
- Primary sponsor: Rep. Michelle Mussman; additional sponsors and amendments from both chambers (see legislative history)
Purpose / intent
- To clarify and expand who may inspect and copy mental health/developmental disability records, with particular emphasis on parents/guardians of minors involved in special education and designated representatives of adult students receiving special education services. The change also recognizes HIPAA personal representatives.
Key provisions
- Adds explicit access rights for:
- The parent or guardian of a minor, regardless of the minor’s age, when the minor is involved in special education services under Section 14‑1.11 of the Illinois School Code — limited to inspecting and copying records of the specific mental health or developmental services that the parent/guardian consented to for special education services.
- The “designated representative” of a student over age 18 involved in special education under Section 14‑6.10 of the School Code.
- The personal representative under HIPAA (45 CFR 164.502(g)) of a recipient, regardless of the recipient’s age.
- Retains existing access categories: parents of children under 12; recipients age 12+ (with parental access rules for ages 12–17 subject to recipient consent or therapist determination of compelling reasons); guardians of adults; attorneys/guardians ad litem with court orders; agents under health‑care powers of attorney; attorneys‑in‑fact under the Mental Health Treatment Preference Declaration Act; and custodians under the Mental Health & DD Code.
- Procedural protections and obligations preserved/clarified:
- Recipients (and others entitled) may submit written statements about disputed/new information to be entered in the record; such statements must accompany disclosures of disputed parts.
- Requests for modification may be made; denials may be challenged in court.
- Assistance in interpreting records must be provided free to persons under 18 (but cannot be made a condition of access).
- Reasonable duplication fees allowed; one free copy must be provided upon written request for indigent recipients to the recipient, the Guardianship & Advocacy Commission, or qualifying not‑for‑profit legal/advocacy agencies authorized by the recipient.
- Clarifies that the amendment does not affect protections or access rules under the Illinois School Student Records Act or the federal Individuals with Disabilities Education Act (IDEA).
Who is affected
- Parents and guardians of minors receiving special education who consent to mental health/developmental services (expanded access to service‑specific records).
- Students over 18 in special education and their designated representatives.
- Mental health and developmental disability service providers, school districts, and custodians of records (must comply with access, documentation, and duplication requirements).
- Advocacy organizations and guardianship agencies (entitled to free copies for indigent recipients when authorized).
Potential impacts
- Increases clarity and parental access to records tied to special education services, while preserving recipient confidentiality protections and avenues for providers to deny access for compelling clinical reasons (with court review available).
- May increase administrative obligations for schools and providers to identify, compile, and release service‑specific records and to document requests/actions in recipient records.
For reference: Enrolled language replaces Section 4 of 740 ILCS 110/4 and will take effect January 1, 2026 as Public Act 104‑0263.
Compiled from official sources — confirm details with the bill’s official record.
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