101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3077

 

Introduced , by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/8-2001  from Ch. 110, par. 8-2001

    Amends the Inspection of Records Article of the Code of Civil Procedure. Expands the definitions of "health care facility" and "health care practitioner" to include entities that contract to provide copies of protected health information. Defines "patient", "patient's representative", and "protected health information". Changes references to "health care records" to "protected health information". Makes changes concerning who may be granted access to a patient's protected health information and the charges for copies of protected health information. Provides that a health care facility or health care practitioner shall provide the patient or patient's representative with access to the protected health information in the form and format requested. Deletes language providing for a $20 handling charge for processing a request for protected health information in a paper copy. Provides that each health care facility and health care provider shall adopt policies for the examination of protected health information that meets certain requirements. Provides that a health care facility or health care practitioner shall provide without charge one copy of a patient's protected health information for the purpose of supporting a claim for disability or medical assistance benefits. Effective immediately.


LRB101 08702 LNS 53787 b

 

 

A BILL FOR

 

HB3077LRB101 08702 LNS 53787 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 8-2001 as follows:
 
6    (735 ILCS 5/8-2001)  (from Ch. 110, par. 8-2001)
7    Sec. 8-2001. Examination of protected health information
8health care records.
9    (a) In this Section:
10    "Health care facility" or "facility" means a public or
11private hospital, ambulatory surgical treatment center,
12nursing home, independent practice association, or physician
13hospital organization, or any other entity where health care
14services are provided to any person. The term does not include
15a health care practitioner. "Health care facility" or
16"facility" includes any entity that contracts with a health
17care facility to provide copies of protected health information
18to third parties.
19    "Health care practitioner" means any health care
20practitioner, including a physician, dentist, podiatric
21physician, advanced practice registered nurse, physician
22assistant, clinical psychologist, or clinical social worker.
23The term includes a medical office, health care clinic, health

 

 

HB3077- 2 -LRB101 08702 LNS 53787 b

1department, group practice, and any other organizational
2structure for a licensed professional to provide health care
3services. The term does not include a health care facility.
4"Health care practitioner" includes any entity that contracts
5with a health care practitioner to provide copies of protected
6health information to third parties.
7    "Patient" means any person who has been treated in a health
8care facility or by a health care practitioner.
9    "Patient's representative" means the patient's legally
10authorized representative, or any person, entity, or
11organization presenting a valid authorization for the release
12of records signed by the patient or the patient's legally
13authorized representative.
14    "Protected health information" has the meaning ascribed to
15it under HIPAA, as specified in 45 CFR 160.103, and includes
16diagnosis, treatment, prognosis, history, bedside notes,
17charts, pictures, and plates kept in connection with the
18treatment of the patient.
19    (b) Every private and public health care facility shall,
20upon the request of any patient or patient's representative,
21who has been treated in such health care facility, or any
22person, entity, or organization presenting a valid
23authorization for the release of records signed by the patient
24or the patient's legally authorized representative, or as
25authorized by Section 8-2001.5, permit the patient, the
26patient's his or her health care practitioner, authorized

 

 

HB3077- 3 -LRB101 08702 LNS 53787 b

1attorney, or any person, entity, or organization presenting a
2valid authorization for the release of records signed by the
3patient or the patient's legally authorized representative to
4examine protected health information the health care facility
5patient care records, including but not limited to the history,
6bedside notes, charts, pictures and plates, kept in connection
7with the treatment of such patient, and permit copies of such
8records to be made by the patient him or her or the patient's
9representative his or her health care practitioner or
10authorized attorney.
11    (c) Every health care practitioner shall, upon the request
12of any patient who has been treated by the health care
13practitioner, or any person, entity, or organization
14presenting a valid authorization for the release of records
15signed by the patient or the patient's legally authorized
16representative, permit the patient and the patient's health
17care practitioner or authorized attorney, or any person,
18entity, or organization presenting a valid authorization for
19the release of records signed by the patient or the patient's
20legally authorized representative, to examine and copy the
21patient's protected health information records, including but
22not limited to those relating to the diagnosis, treatment,
23prognosis, history, charts, pictures and plates, kept in
24connection with the treatment of such patient.
25    (d) (1) A request for copies of the protected health
26information records shall be in writing and shall be delivered

 

 

HB3077- 4 -LRB101 08702 LNS 53787 b

1to the administrator or manager of such health care facility or
2to the health care practitioner as provided by the health care
3facility or health care practitioner pursuant to subsection
4(d-1).
5    (2) The health care facility or health care practitioner
6shall provide the patient or patient's representative with
7access to the protected health information in the form and
8format requested by the patient or patient's representative, if
9such information is readily producible in such form and format,
10or, if not, in a readable hard copy form or such other form and
11format as agreed to by the health care facility or health care
12practitioner and the patient or patient's representative.
13    (3) Notwithstanding paragraph (2), if the protected health
14information that is subject to the request for access is
15maintained in one or more designated record sets electronically
16and if the patient or patient's representative requests an
17electronic record, the health care facility or health care
18practitioner shall provide the patient or patient's
19representative with access to the protected health information
20in the electronic form and format requested by the individual,
21if it is readily producible in such form and format, or, if
22not, in a readable electronic form and format as agreed to by
23the health care facility or health care practitioner and the
24patient or patient's representative.
25    (4) If protected health information that is maintained
26electronically by the health care provider or health care

 

 

HB3077- 5 -LRB101 08702 LNS 53787 b

1practitioner is delivered to the patient or patient's
2representative in an electronic format, the patient or
3patient's representative requesting protected health
4information shall reimburse the health care facility or health
5care practitioner a reasonable, cost-based fee that includes
6only: (A) labor for copying the protected health information
7requested by the individual; (B) supplies for creating the
8electronic copy if the individual requests that the electronic
9copy be provided on portable media; and (C) postage if the
10patient or patient's representative has requested that the copy
11be mailed. Reasonable costs may not exceed $6.50 exclusive of
12postage.
13    (5) If protected health information is either not
14maintained in electronic format by the health care provider or
15health care practitioner or not to be delivered in electronic
16format to the patient or patient's representative, the patient
17or patient's representative The person (including patients,
18health care practitioners and attorneys) requesting copies of
19protected health information records shall reimburse the
20facility or the health care practitioner at the time of such
21copying for all reasonable expenses, including the costs of
22independent copy service companies, incurred in connection
23with such copying not to exceed a $20 handling charge for
24processing the request and the actual postage or shipping
25charge, if any, plus, : (1) for paper copies, 75 cents per page
26for the first through 25th pages, 50 cents per page for the

 

 

HB3077- 6 -LRB101 08702 LNS 53787 b

126th through 50th pages, and 25 cents per page for all pages in
2excess of 50 (except that the charge shall not exceed $1.25 per
3page for any copies made from microfiche or microfilm; records
4retrieved from scanning, digital imaging, electronic
5information or other digital format do not qualify as
6microfiche or microfilm retrieval for purposes of calculating
7charges); and (2) for electronic records, retrieved from a
8scanning, digital imaging, electronic information or other
9digital format in an electronic document, a charge of 50% of
10the per page charge for paper copies under subdivision (d)(1).
11This per page charge includes the cost of each CD Rom, DVD, or
12other storage media. Records already maintained in an
13electronic or digital format shall be provided in an electronic
14format when so requested. If the records system does not allow
15for the creation or transmission of an electronic or digital
16record, then the facility or practitioner shall inform the
17requester in writing of the reason the records can not be
18provided electronically. The written explanation may be
19included with the production of paper copies, if the requester
20chooses to order paper copies. These rates shall be
21automatically adjusted as set forth in Section 8-2006. The
22facility or health care practitioner may, however, charge for
23the reasonable cost of all duplication of record material or
24information that cannot routinely be copied or duplicated on a
25standard commercial photocopy machine such as x-ray films or
26pictures.

 

 

HB3077- 7 -LRB101 08702 LNS 53787 b

1    (d-1) Each health care facility and health care
2practitioner shall adopt policies for the examination of
3protected health information that, at a minimum, sets forth the
4following:
5        (1) the method of delivery (U.S. mail, fax, email, or
6    other method of delivery) accepted by the health care
7    facility or health care practitioner and the delivery
8    address for each accepted method of delivery for use by a
9    patient or patient's representative for requests for
10    protected health information; and
11        (2) a copy of a valid authorization for the release of
12    records form to be signed by the patient or patient's
13    legally authorized representative that will be acceptable,
14    if properly completed by the patient or patient's legally
15    authorized representative, to the health care facility or
16    health care practitioner to allow release of protected
17    health information, or, in the alternative, the elements
18    required in a valid authorization for the release of
19    records form to be acceptable to the health care facility
20    or health care practitioner for the release of protected
21    health information.
22    Each health care facility and health care practitioner
23shall make this information readily available to a patient and
24patient's representative. The health care facility or health
25care provider may publish this information on its website so
26that is available to the general public with access to the

 

 

HB3077- 8 -LRB101 08702 LNS 53787 b

1internet.
2    (d-5) The handling fee shall not be collected from the
3patient or the patient's personal representative who obtains
4copies of records under Section 8-2001.5.
5    (e) The requirements of this Section shall be satisfied
6within 30 days of the receipt of a written request by a patient
7or by his or her legally authorized representative, health care
8practitioner, authorized attorney, or any person, entity, or
9organization presenting a valid authorization for the release
10of records signed by the patient or the patient's legally
11authorized representative. If the facility or health care
12practitioner needs more time to comply with the request, then
13within 30 days after receiving the request, the facility or
14health care practitioner must provide the requesting party with
15a written statement of the reasons for the delay and the date
16by which the requested information will be provided. In any
17event, the facility or health care practitioner must provide
18the requested information no later than 60 days after receiving
19the request.
20    (f) A health care facility or health care practitioner must
21provide the public with at least 30 days prior notice of the
22closure of the facility or the health care practitioner's
23practice. The notice must include an explanation of how copies
24of the facility's records may be accessed by patients. The
25notice may be given by publication in a newspaper of general
26circulation in the area in which the health care facility or

 

 

HB3077- 9 -LRB101 08702 LNS 53787 b

1health care practitioner is located.
2    (g) Failure to comply with the time limit requirement of
3this Section shall subject the denying party to expenses and
4reasonable attorneys' fees incurred in connection with any
5court ordered enforcement of the provisions of this Section.
6    (h) Notwithstanding any other provision of the law in
7recognition of service provided, a health care facility or
8health care practitioner shall provide without charge one
9complete copy of a patient's records if: (1) the patient is an
10indigent homeless veteran; and (2) the records are being
11requested by the patient or a person, entity, or organization
12presenting a valid authorization for the release of records
13signed by the patient or the patient's legally authorized
14representative, for the purpose of supporting a claim for
15federal veterans' disability benefits.
16    (i) Notwithstanding any other provision of the law in
17recognition of service provided, a health care facility or
18health care practitioner shall provide without charge one
19complete copy of a patient's protected health information if:
20(1) the patient is an individual applying for Social Security
21Disability Income, Supplemental Security Income, or a
22State-funded program that requires protected health
23information to show program eligibility; and (2) the records
24are being requested by the patient or patient's representative
25for the purpose of supporting a claim for disability or medical
26assistance benefits.

 

 

HB3077- 10 -LRB101 08702 LNS 53787 b

1(Source: P.A. 100-513, eff. 1-1-18; 100-814, eff. 1-1-19.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.