Full Text of SB2295 94th General Assembly
SB2295 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2295
Introduced 1/12/2006, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/8-2003 |
from Ch. 110, par. 8-2003 |
735 ILCS 5/8-2005 |
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Amends the Code of Civil Procedure. Provides that records of health care practitioners shall be made available for examination or copying to any person, entity, or organization that presents a valid authorization for the release of records. Provides that records of an attorney shall be made available for examination or copying to any person, entity, or organization that presents a valid authorization for the release of those records, subject to conditions currently in the Section.
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A BILL FOR
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SB2295 |
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LRB094 16335 AJO 51586 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Sections 8-2003 and 8-2005 as follows:
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| (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
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| 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.
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| Every practitioner shall, upon the request of any patient
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| who has been treated by such practitioner, or any person, | 18 |
| entity, or organization that presents a valid, signed | 19 |
| authorization for the release of records, permit the
patient
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| and the patient's practitioner or authorized attorney , or any | 21 |
| person, entity, or organization that presents a valid, signed | 22 |
| authorization for the release of records, to examine and copy | 23 |
| the
patient's records, including but not limited to those | 24 |
| relating to the
diagnosis, treatment, prognosis, history, | 25 |
| charts, pictures and plates, kept in
connection with the | 26 |
| treatment of such patient. Such request for examining and
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| copying of the records shall be in writing and shall be | 28 |
| delivered to such practitioner. Such written request shall be | 29 |
| complied with by
the practitioner within a reasonable time | 30 |
| after receipt by him or
her
at his or her office or any other | 31 |
| place designated by him or her.
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| The requirements of this Section shall be satisfied within |
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SB2295 |
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LRB094 16335 AJO 51586 b |
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| 30 days of the
receipt of a written request.
If the | 2 |
| practitioner needs more time to comply with the request,
then
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| within 30 days after receiving the request, the practitioner | 4 |
| must
provide the requesting party with a
written statement of | 5 |
| the reasons for the delay and the date by which the
requested | 6 |
| information will be provided. In any event, the practitioner | 7 |
| must
provide the requested information no later than 60 days | 8 |
| after
receiving the request.
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| The practitioner shall be reimbursed by the person
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| requesting
such
records at the time of such copying, for all | 11 |
| reasonable expenses, including
the costs of independent copy | 12 |
| service companies, incurred by the
practitioner in connection | 13 |
| with such copying not to exceed a $20 handling
charge for | 14 |
| processing the request for copies, and 75 cents per page for | 15 |
| the
first through 25th pages, 50 cents per page for the 26th | 16 |
| 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), and | 19 |
| actual shipping costs.
These rates shall be automatically
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| adjusted as set forth in Section 8-2006. The physician or other | 21 |
| practitioner
may, however, charge for the reasonable cost of | 22 |
| all duplication of record
material or information that cannot | 23 |
| routinely be copied or duplicated on a
standard commercial | 24 |
| photocopy machine such as x-ray films or pictures.
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| A health care practitioner must provide the public with at | 26 |
| least 30 days
prior notice
of the closure of the practitioner's | 27 |
| practice. The notice must include an
explanation of how copies | 28 |
| of the practitioner's records may be accessed by
patients. The | 29 |
| notice may be given by publication in a newspaper of general
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| circulation in
the area
in which the health care practitioner's | 31 |
| practice is located.
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| Failure to comply with the time limit requirement of this | 33 |
| Section shall
subject the denying party to expenses and | 34 |
| reasonable attorneys' fees
incurred in connection with any | 35 |
| court ordered enforcement of the provisions
of this Section.
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| (Source: P.A. 92-228, eff. 9-1-01; 93-87, eff. 7-2-03.)
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LRB094 16335 AJO 51586 b |
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| (735 ILCS 5/8-2005)
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| 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
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| satisfaction of expenses and attorney retaining liens.
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| Upon the request of a client, an
attorney shall permit the | 8 |
| client's authorized attorney , or any person, entity, or | 9 |
| organization that presents a valid, signed authorization for | 10 |
| the release of records, to examine and copy the
records kept by | 11 |
| the attorney in connection with the representation of the
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| client, with the exception of attorney work product. The | 13 |
| request for
examination and copying of the records shall be in
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| writing and shall be delivered to the attorney. Within a | 15 |
| reasonable time after
the attorney receives the written | 16 |
| request, the attorney shall comply with the
written request at | 17 |
| his or her office or any other place designated by him or
her. | 18 |
| At the time of copying, the person requesting the records shall
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| reimburse the attorney for all reasonable expenses, including | 20 |
| the costs of
independent copy service companies, incurred by | 21 |
| the attorney in connection
with the copying not to exceed a
$20 | 22 |
| handling charge for processing the request for copies,
and
75 | 23 |
| cents per page for the first through 25th pages, 50 cents per | 24 |
| page for the
26th through 50th pages, and 25 cents per page for | 25 |
| all pages in excess of 50
(except that the charge shall not | 26 |
| exceed $1.25 per page for any copies
made from microfiche or | 27 |
| microfilm), and actual shipping costs.
These rates shall be | 28 |
| automatically
adjusted as set forth in Section 8-2006.
The | 29 |
| attorney may, however, charge for the reasonable cost of all | 30 |
| duplication of
record material or information that cannot | 31 |
| routinely be copied or
duplicated on a standard commercial | 32 |
| photocopy machine such as pictures.
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| An attorney shall satisfy the requirements of this Section | 34 |
| within 60
days after he or she receives a request from a client | 35 |
| or his or her authorized
attorney. An attorney who fails to |
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| comply with the time limit requirement of
this Section shall be | 2 |
| required to pay expenses and reasonable attorney's fees
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| incurred in connection with any court-ordered enforcement of | 4 |
| the
requirements of this Section.
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| (Source: P.A. 92-228, eff. 9-1-01.)
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