SB2295 Engrossed

LRB094 16335 AJO 51586 b






1
    AN ACT concerning civil law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:

 
4
    Section 5. The Code of Civil Procedure is amended  by 
5
changing Sections 8-2001, 8-2003, 8-2005, and 8-2006 as 
6
follows:
 



7
    (735 ILCS 5/8-2001)  (from Ch. 110, par. 8-2001)



8
    Sec. 8-2001. Examination of records. 

9
    In this Section, "health care facility" or "facility" means 
10
a public or
private hospital, ambulatory surgical treatment 
11
center, nursing home,
independent practice association, or 
12
physician hospital organization, or any
other entity where 
13
health care services are provided to any person.  The term
does 
14
not include an organizational structure whose records are 
15
subject to
Section 8-2003.

16
    Every private and public health care facility shall, upon 
17
the request of any
patient who has been treated in such health 
18
care facility, or any person, entity, or organization 
19
presenting a valid authorization for the release of records 
20
signed by the patient or the patient's legally authorized 
21
representative, permit the patient,
his or her healthcare 
22
practitioner
physician,

authorized attorney, or any person, 
23
entity, or organization presenting a valid authorization for 
24
the release of records signed by the patient or the patient's 
25
legally authorized representative to examine the health care 
26
facility
patient care records,
including but not limited to the 
27
history, bedside notes, charts, pictures
and plates, kept in 
28
connection with the treatment of such patient, and
permit 
29
copies of such records to be made by him or her or his or her

30
healthcare practitioner
physician or authorized attorney.  A 
31
request for copies of the records shall
be in writing and shall 
32
be delivered to the administrator or manager of
such health 
 


 






SB2295 Engrossed
- 2 -
LRB094 16335 AJO 51586 b




1
care facility. The health care facility shall be reimbursed by 
2
the
person requesting copies of records at the time of such 
3
copying for all
reasonable expenses, including the costs of 
4
independent copy service companies,
incurred by the health care 
5
facility in connection with such copying not to
exceed a $20 
6
handling charge for processing the
request for copies, and 75 
7
cents per page for the first through 25th pages, 50
cents per 
8
page for the 26th through 50th pages, and 25 cents per page for 
9
all
pages in excess of 50 (except that the charge shall not 
10
exceed $1.25 per page
for any copies made from microfiche or 
11
microfilm), and actual shipping costs.
These rates shall be 
12
automatically adjusted as set forth in Section 8-2006.
The 
13
health care facility may, however, charge for the
reasonable 
14
cost of all duplication of
record material or information that 
15
cannot routinely be copied or duplicated on
a standard 
16
commercial photocopy machine such as x-ray films or pictures.

17
    The requirements of this Section shall be satisfied within 
18
30 days of the
receipt of a written request by a patient or by 
19
his or her legally authorized
representative, healthcare 
20
practitioner
physician,
authorized attorney, or any person, 
21
entity, or organization presenting a valid authorization for 
22
the release of records signed by the patient or the patient's 
23
legally authorized representative. If the health care facility

24
needs more time to comply with the request, then within 30 days 
25
after receiving
the request, the facility must provide the 
26
requesting party with a written
statement of the reasons for 
27
the delay and the date by which the requested
information will 
28
be provided. In any event, the facility must provide the

29
requested information no later than 60 days after receiving the 
30
request.

31
    A health care facility must provide the public with at 
32
least 30 days prior
notice of the closure  of the facility. The 
33
notice must include an explanation
of how copies of the 
34
facility's records may be accessed by patients. The
notice may 
35
be given by publication in a newspaper of general circulation 
36
in the
area in which the health care facility is located.

 


 






SB2295 Engrossed
- 3 -
LRB094 16335 AJO 51586 b




1
    Failure to comply with the time limit requirement of this 
2
Section shall
subject the denying party to expenses and 
3
reasonable attorneys' fees
incurred in connection with any 
4
court ordered enforcement of the provisions
of this Section.

5
(Source: P.A. 93-87, eff. 7-2-03; 94-155, eff. 1-1-06.)

 



6
    (735 ILCS 5/8-2003)  (from Ch. 110, par. 8-2003)



7
    Sec. 8-2003. Records of health care practitioners. 
In
this 
8
Section, "practitioner" means any health care practitioner, 
9
including a
physician, dentist, podiatrist, advanced practice 
10
nurse, physician
assistant, clinical psychologist, or clinical 
11
social worker. The
term includes a  medical
office, health care 
12
clinic, health department, group practice, and any
other 
13
organizational structure  for a licensed professional to 
14
provide health
care services. The term does not include a 
15
health care facility as defined in
Section 8-2001.

16
    Every practitioner shall, upon the request of any patient

17
who has been treated by such practitioner, or any person, 
18
entity, or organization presenting a valid authorization for 
19
the release of records signed by the patient or the patient's 
20
legally authorized representative, permit the
patient
and the 
21
patient's practitioner or authorized attorney, or any person, 
22
entity, or organization presenting a valid authorization for 
23
the release of records signed by the patient or the patient's 
24
legally authorized representative, to examine and copy the

25
patient's records, including but not limited to those relating 
26
to the
diagnosis, treatment, prognosis, history, charts, 
27
pictures and plates, kept in
connection with the treatment of 
28
such patient.  Such request for examining and
copying of the 
29
records shall be in writing and shall be delivered to such 
30
practitioner. Such written request shall be complied with by

31
the practitioner within a reasonable time after receipt by him 
32
or
her
at his or her office or any other place designated by 
33
him or her.

34
    The requirements of this Section shall be satisfied within 
35
30 days of the
receipt of a written request.
If the 
 


 






SB2295 Engrossed
- 4 -
LRB094 16335 AJO 51586 b




1
practitioner needs more time to comply with the request,
then

2
within 30 days after receiving the request, the practitioner 
3
must
provide the requesting party with a
written statement of 
4
the reasons for the delay and the date by which the
requested 
5
information will be provided.  In any event, the practitioner 
6
must
provide the requested information no later than 60 days 
7
after
receiving the request.

8
    The practitioner shall be reimbursed by the person

9
requesting
such
records at the time of such copying, for all 
10
reasonable expenses, including
the costs of independent copy 
11
service companies, incurred by the
practitioner in connection 
12
with such copying not to exceed a $20 handling
charge for 
13
processing the request for copies, and 75 cents per page for 
14
the
first through 25th pages, 50 cents per page for the 26th 
15
through 50th pages,
and 25 cents per page for all pages in 
16
excess of 50 (except that the charge
shall not exceed $1.25 per 
17
page for any copies made from microfiche or
microfilm), and 
18
actual shipping costs.
These rates shall be automatically

19
adjusted as set forth in Section 8-2006.  The physician or other 
20
practitioner
may, however, charge for the reasonable cost of 
21
all duplication of record
material or information that cannot 
22
routinely be copied or duplicated on a
standard commercial 
23
photocopy machine such as x-ray films or pictures.

24
    A health care practitioner must provide the public with at 
25
least 30 days
prior notice
of the closure of the practitioner's 
26
practice. The notice must include an
explanation of how copies 
27
of  the practitioner's records may be accessed by
patients. The 
28
notice may be given by publication in a newspaper of general

29
circulation in
the area
in which the health care practitioner's 
30
practice is located.

31
    Failure to comply with the time limit requirement of this 
32
Section shall
subject the denying party to expenses and 
33
reasonable attorneys' fees
incurred in connection with any 
34
court ordered enforcement of the provisions
of this Section.

35
(Source: P.A. 92-228, eff. 9-1-01; 93-87, eff. 7-2-03.)

 



 


 






SB2295 Engrossed
- 5 -
LRB094 16335 AJO 51586 b




1
    (735 ILCS 5/8-2005)



2
    Sec. 8-2005. Attorney's records. This Section applies only 
3
if a client and his or her authorized
attorney have complied 
4
with all applicable legal requirements regarding
examination 
5
and copying of client files, including but not limited to

6
satisfaction of expenses and attorney retaining liens.

7
    Upon the request of a client, an
attorney shall permit the 
8
client's authorized attorney, or any person, entity, or 
9
organization presenting a valid authorization for the release 
10
of records signed by the client or the client's legally 
11
authorized representative, to examine and copy the
records kept 
12
by the attorney in connection with the representation of the

13
client, with the exception of attorney work product. The 
14
request for
examination and copying of the records shall be in

15
writing and shall be delivered to the attorney.  Within a 
16
reasonable time after
the attorney receives the written 
17
request, the attorney shall comply with the
written request at 
18
his or her office or any other place designated by him or
her.  
19
At the time of copying, the person requesting the records shall

20
reimburse the attorney for all reasonable expenses, including 
21
the costs of
independent copy service companies, incurred by 
22
the attorney in connection
with the copying not to exceed a
$20 
23
handling charge for processing the request for copies,
and
75 
24
cents per page for the first through 25th pages, 50 cents per 
25
page for the
26th through 50th pages, and 25 cents per page for 
26
all pages in excess of 50
(except that the charge shall not 
27
exceed $1.25 per page for any copies
made from microfiche or 
28
microfilm), and actual shipping costs.
These rates shall be 
29
automatically
adjusted as set forth in Section 8-2006.
The 
30
attorney may, however, charge for the reasonable cost of all 
31
duplication of
record material or information that cannot 
32
routinely be copied or
duplicated on a standard commercial 
33
photocopy machine such as pictures.

34
    An attorney shall satisfy the requirements of this Section 
35
within 60
days after he or she receives a request from a client 
36
or his or her authorized
attorney.  An attorney who fails to 
 


 






SB2295 Engrossed
- 6 -
LRB094 16335 AJO 51586 b




1
comply with the time limit requirement of
this Section shall be 
2
required to pay expenses and reasonable attorney's fees

3
incurred in connection with any court-ordered enforcement of 
4
the
requirements of this Section.

5
(Source: P.A. 92-228, eff. 9-1-01.)

 



6
    (735 ILCS 5/8-2006)



7
    Sec. 8-2006. Copying fees; adjustment for inflation. 
8
Beginning in
2003, every January 20, the copying fee limits 
9
established in Sections 8-2001,
8-2003, 8-2004, and 8-2005 
10
shall automatically be increased or decreased, as
applicable, 
11
by a percentage equal to the percentage change in the consumer

12
price index-u during the preceding 12-month calendar year. 
13
"Consumer price
index-u" means the index published by the 
14
Bureau of Labor Statistics of the
United States Department of 
15
Labor that measures the average change in
prices of goods and 
16
services purchased by all urban consumers, United
States city 
17
average, all items, 1982-84 = 100. The new amount resulting

18
from each annual adjustment shall be determined by the 
19
Comptroller and
made available to the public on January 20 of 
20
every year.

21
(Source: P.A. 92-228, eff. 9-1-01.)