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91_SB0541sam003
LRB9104979ACcsam
1 AMENDMENT TO SENATE BILL 541
2 AMENDMENT NO. ____. Amend Senate Bill 541, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Hospital Licensing Act is amended by
6 changing Section 6.17 as follows:
7 (210 ILCS 85/6.17)
8 Sec. 6.17. Protection of and confidential access to
9 medical records and information.
10 (a) Every hospital licensed under this Act shall develop
11 a medical record for each of its patients as required by the
12 Department by rule.
13 (b) All information regarding a hospital patient
14 gathered by the hospital's medical staff and its agents and
15 employees shall be the property and responsibility of the
16 hospital and must be protected from inappropriate disclosure
17 as provided in this Section.
18 (c) Every hospital shall preserve its medical records in
19 a format and for a duration established by hospital policy
20 and for not less than 10 years, provided that if the hospital
21 has been notified in writing by an attorney before the
22 expiration of the 10 year retention period that there is
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1 litigation pending in court involving the record of a
2 particular patient as possible evidence and that the patient
3 is his client or is the person who has instituted such
4 litigation against his client, then the hospital shall retain
5 the record of that patient until notified in writing by the
6 plaintiff's attorney, with the approval of the defendant's
7 attorney of record, that the case in court involving such
8 record has been concluded or for a period of 12 years from
9 the date that the record was produced, whichever occurs first
10 in time.
11 (d) No member of a hospital's medical staff and no agent
12 or employee of a hospital shall disclose the nature or
13 details of services provided to patients, except that the
14 information may be disclosed to the patient, persons
15 authorized by the patient, the party making treatment
16 decisions, if the patient is incapable of making decisions
17 regarding the health services provided, those parties
18 directly involved with providing treatment to the patient or
19 processing the payment for that treatment, those parties
20 responsible for peer review, utilization review, quality
21 assurance, risk management or defense of claims brought
22 against the hospital arising out of the care, and those
23 parties required to be notified under the Abused and
24 Neglected Child Reporting Act, the Illinois Sexually
25 Transmissible Disease Control Act, or where otherwise
26 authorized or required by law.
27 (e) The hospital's medical staff members and the
28 hospital's agents and employees may communicate, at any time
29 and in any fashion, with legal counsel for the hospital
30 concerning the patient medical record privacy and retention
31 requirements of this Section and any care or treatment they
32 provided or assisted in providing to any patient within the
33 scope of their employment or affiliation with the hospital.
34 (f) (a) Each hospital licensed under this Act shall
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1 provide its federally designated organ procurement agency and
2 any tissue bank with which it has an agreement with access to
3 the medical records of deceased patients for the following
4 purposes:
5 (1) estimating the hospital's organ and tissue
6 donation potential;
7 (2) identifying the educational needs of the
8 hospital with respect to organ and tissue donation; and
9 (3) identifying the number of organ and tissue
10 donations and referrals to potential organ and tissue
11 donors.
12 (g) (b) All hospital and patient information,
13 interviews, reports, statements, memoranda, and other data
14 obtained or created by a tissue bank or federally designated
15 organ procurement agency from the medical records review
16 described in subsection (f) (a) shall be privileged, strictly
17 confidential, and used only for the purposes put forth in
18 subsection (f) (a) of this Section and shall not be
19 admissible as evidence nor discoverable in an action of any
20 kind in court or before a tribunal, board, agency, or person.
21 terms of this Section shall not be subject to any type of
22 civil or criminal liability or
23 (i) Any individual who wilfully or wantonly discloses
24 hospital or medical record information in violation of this
25 Section is guilty of a Class A misdemeanor. As used in this
26 subsection, "wilfully or wantonly" means a course of action
27 that shows an actual or deliberate intention to cause harm or
28 that, if not intentional, shows an utter indifference to or
29 conscious disregard for the safety of others or their
30 property.
31 (Source: P.A. 89-393, eff. 8-20-95.)".