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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Civil Procedure is amended, if and | ||||||
5 | only if Senate Bill 472 of the 95th General Assembly becomes | ||||||
6 | law, by changing Sections 8-2001 and 8-2005 as follows:
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7 | (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
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8 | Sec. 8-2001. Examination of health care records.
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9 | (a) In this Section: | ||||||
10 | "Health care facility" or "facility" means a public or
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11 | private hospital, ambulatory surgical treatment center, | ||||||
12 | nursing home,
independent practice association, or physician | ||||||
13 | hospital organization, or any
other entity where health care | ||||||
14 | services are provided to any person. The term
does not include | ||||||
15 | a health care practitioner.
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16 | "Health care practitioner" means any health care | ||||||
17 | practitioner, including a physician, dentist, podiatrist, | ||||||
18 | advanced practice nurse, physician assistant, clinical | ||||||
19 | psychologist, or clinical social worker. The term includes a | ||||||
20 | medical office, health care clinic, health department, group | ||||||
21 | practice, and any other organizational structure for a licensed | ||||||
22 | professional to provide health care services. The term does not | ||||||
23 | include a health care facility.
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1 | (b) Every private and public health care facility shall, | ||||||
2 | upon the request of any
patient who has been treated in such | ||||||
3 | health care facility, or any person, entity, or organization | ||||||
4 | presenting a valid authorization for the release of records | ||||||
5 | signed by the patient or the patient's legally authorized | ||||||
6 | representative, permit the patient,
his or her healthcare | ||||||
7 | practitioner,
authorized attorney, or any person, entity, or | ||||||
8 | organization presenting a valid authorization for the release | ||||||
9 | of records signed by the patient or the patient's legally | ||||||
10 | authorized representative to examine the health care facility
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11 | patient care records,
including but not limited to the history, | ||||||
12 | bedside notes, charts, pictures
and plates, kept in connection | ||||||
13 | with the treatment of such patient, and
permit copies of such | ||||||
14 | records to be made by him or her or his or her
healthcare | ||||||
15 | practitioner or authorized attorney. | ||||||
16 | (c) Every health care practitioner shall, upon the request | ||||||
17 | of any patient who has been treated by the health care | ||||||
18 | practitioner, 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 and the patient's health | ||||||
22 | care practitioner or 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 and copy the | ||||||
26 | patient's records, including but not limited to those relating |
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1 | to the diagnosis, treatment, prognosis, history, charts, | ||||||
2 | pictures and plates, kept in connection with the treatment of | ||||||
3 | such patient. | ||||||
4 | (d) A request for copies of the records shall
be in writing | ||||||
5 | and shall be delivered to the administrator or manager of
such | ||||||
6 | health care facility or to the health care practitioner. The
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7 | person (including patients, health care practitioners and | ||||||
8 | attorneys)
requesting copies of records shall reimburse the | ||||||
9 | facility or the health care practitioner at the time of such | ||||||
10 | copying for all
reasonable expenses, including the costs of | ||||||
11 | independent copy service companies,
incurred in connection | ||||||
12 | with such copying not to
exceed a $20 handling charge for | ||||||
13 | processing the
request and the actual postage or shipping | ||||||
14 | charge, if any, plus: (1) for paper copies
75 cents per page | ||||||
15 | for the first through 25th pages, 50
cents per page for the | ||||||
16 | 26th through 50th pages, and 25 cents per page for all
pages in | ||||||
17 | excess of 50 (except that the charge shall not exceed $1.25 per | ||||||
18 | page
for any copies made from microfiche or microfilm; records | ||||||
19 | retrieved from scanning, digital imaging, electronic | ||||||
20 | information or other digital format do not qualify as | ||||||
21 | microfiche or microfilm retrieval for purposes of calculating | ||||||
22 | charges); and (2) for electronic records, retrieved from a | ||||||
23 | scanning, digital imaging, electronic information or other | ||||||
24 | digital format in a electronic document, a charge of 50% of the | ||||||
25 | per page charge for paper copies under subdivision (d)(1). This | ||||||
26 | per page charge includes the cost of
75 cents for each CD Rom, |
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1 | DVD, or other storage media. Records already maintained in an | ||||||
2 | electronic or digital format shall be provided in an electronic | ||||||
3 | format when so requested.
If the records system does not allow | ||||||
4 | for the creation or transmission of an electronic or digital | ||||||
5 | record, then the facility or practitioner shall inform the | ||||||
6 | requester in writing of the reason the records can not be | ||||||
7 | provided electronically. The written explanation may be | ||||||
8 | included with the production of paper copies, if the requester | ||||||
9 | chooses to order paper copies. These rates shall be | ||||||
10 | automatically adjusted as set forth in Section 8-2006.
The | ||||||
11 | facility or health care practitioner may, however, charge for | ||||||
12 | the
reasonable cost of all duplication of
record material or | ||||||
13 | information that cannot routinely be copied or duplicated on
a | ||||||
14 | standard commercial photocopy machine such as x-ray films or | ||||||
15 | pictures.
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16 | (e) The requirements of this Section shall be satisfied | ||||||
17 | within 30 days of the
receipt of a written request by a patient | ||||||
18 | or by his or her legally authorized
representative, healthcare | ||||||
19 | practitioner,
authorized attorney, or any person, entity, or | ||||||
20 | organization presenting a valid authorization for the release | ||||||
21 | of records signed by the patient or the patient's legally | ||||||
22 | authorized representative. If the facility
or health care | ||||||
23 | practitioner needs more time to comply with the request, then | ||||||
24 | within 30 days after receiving
the request, the facility or | ||||||
25 | health care practitioner must provide the requesting party with | ||||||
26 | a written
statement of the reasons for the delay and the date |
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1 | by which the requested
information will be provided. In any | ||||||
2 | event, the facility or health care practitioner must provide | ||||||
3 | the
requested information no later than 60 days after receiving | ||||||
4 | the request.
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5 | (f) A health care facility or health care practitioner must | ||||||
6 | provide the public with at least 30 days prior
notice of the | ||||||
7 | closure of the facility or the health care practitioner's | ||||||
8 | practice. The notice must include an explanation
of how copies | ||||||
9 | of the facility's records may be accessed by patients. The
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10 | notice may be given by publication in a newspaper of general | ||||||
11 | circulation in the
area in which the health care facility or | ||||||
12 | health care practitioner is located.
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13 | (g) Failure to comply with the time limit requirement of | ||||||
14 | this Section shall
subject the denying party to expenses and | ||||||
15 | reasonable attorneys' fees
incurred in connection with any | ||||||
16 | court ordered enforcement of the provisions
of this Section.
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17 | (Source: P.A. 93-87, eff. 7-2-03; 94-155, eff. 1-1-06; | ||||||
18 | 09500SB0472ham001.)
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19 | (735 ILCS 5/8-2005)
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20 | Sec. 8-2005. Attorney's records. This Section applies only | ||||||
21 | if a client and his or her authorized
attorney have complied | ||||||
22 | with all applicable legal requirements regarding
examination | ||||||
23 | and copying of client files, including but not limited to
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24 | satisfaction of expenses and attorney retaining liens.
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25 | Upon the request of a client, an
attorney shall permit the |
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1 | client's authorized attorney to examine and copy the
records | ||||||
2 | kept by the attorney in connection with the representation of | ||||||
3 | the
client, with the exception of attorney work product. The | ||||||
4 | request for
examination and copying of the records shall be in
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5 | writing and shall be delivered to the attorney. Within a | ||||||
6 | reasonable time after
the attorney receives the written | ||||||
7 | request, the attorney shall comply with the
written request at | ||||||
8 | his or her office or any other place designated by him or
her. | ||||||
9 | At the time of copying, the person requesting the records shall
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10 | reimburse the attorney for all reasonable expenses, including | ||||||
11 | the costs of
independent copy service companies, incurred by | ||||||
12 | the attorney in connection
with the copying not to exceed a
$20 | ||||||
13 | handling charge for processing the request,
and
the actual | ||||||
14 | postage or shipping charges, if any, plus (1) for paper copies | ||||||
15 | 75 cents per page for the first through 25th pages, 50 cents | ||||||
16 | per page for the
26th through 50th pages, and 25 cents per page | ||||||
17 | for all pages in excess of 50
(except that the charge shall not | ||||||
18 | exceed $1.25 per page for any copies
made from microfiche or | ||||||
19 | microfilm; records retrieved from scanning, digital imaging, | ||||||
20 | electronic information or other digital format do not qualify | ||||||
21 | as microfiche or microfilm retrieval for purposes of | ||||||
22 | calculating charges); and (2) for electronic records, | ||||||
23 | retrieved from a scanning, digital imaging, electronic | ||||||
24 | information or other digital format in a electronic document, a | ||||||
25 | charge of 50% of the per page charge for paper copies under | ||||||
26 | subdivision (d)(1). This per page charge includes the cost of
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1 | 75 cents for each CD Rom, DVD, or other storage media. Records | ||||||
2 | already maintained in an electronic or digital format shall be | ||||||
3 | provided in an electronic format when so requested. If the | ||||||
4 | records system does not allow for the creation or transmission | ||||||
5 | of an electronic or digital record, then the attorney shall | ||||||
6 | inform the requester in writing of the reason the records can | ||||||
7 | not be provided electronically. The written explanation may be | ||||||
8 | included with the production of paper copies, if the requester | ||||||
9 | chooses to order paper copies.
These rates shall be | ||||||
10 | automatically
adjusted as set forth in Section 8-2006.
The | ||||||
11 | attorney may, however, charge for the reasonable cost of all | ||||||
12 | duplication of
record material or information that cannot | ||||||
13 | routinely be copied or
duplicated on a standard commercial | ||||||
14 | photocopy machine such as pictures.
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15 | An attorney shall satisfy the requirements of this Section | ||||||
16 | within 60
days after he or she receives a request from a client | ||||||
17 | or his or her authorized
attorney. An attorney who fails to | ||||||
18 | comply with the time limit requirement of
this Section shall be | ||||||
19 | required to pay expenses and reasonable attorney's fees
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20 | incurred in connection with any court-ordered enforcement of | ||||||
21 | the
requirements of this Section.
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22 | (Source: P.A. 92-228, eff. 9-1-01; 09500SB0472ham001.)
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23 | Section 10. "An Act concerning civil law", Senate Bill 472 | ||||||
24 | of the 95th General Assembly, is amended, if and only if Senate | ||||||
25 | Bill 472 of the 95th General Assembly becomes law, by changing |
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1 | Section 99 as follows: | ||||||
2 | (SB 472, 95th G.A., Sec. 99)
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3 | Sec. 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law , except that the provisions amending the Code of | ||||||
5 | Civil Procedure by changing Sections 8-2001, 8-2005, and 8-2006 | ||||||
6 | and repealing Section 8-2003 take effect on January 1, 2008 .
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7 | (Source: 09500SB0472ham001.)
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law, except Section 5 takes effect on January 1, 2008. |