Full Text of SB2295 94th General Assembly
SB2295ham005 94TH GENERAL ASSEMBLY
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Rep. Sidney H. Mathias
Filed: 4/27/2006
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LRB094 16335 AJO 58596 a |
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| AMENDMENT TO SENATE BILL 2295
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| AMENDMENT NO. ______. Amend Senate Bill 2295, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following: | 5 |
| "Section 5. The Code of Civil Procedure is amended by | 6 |
| changing Sections 8-802, 8-2001, and 8-2006 as follows:
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| (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
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| Sec. 8-802. Physician and patient. No physician or surgeon | 9 |
| shall be
permitted to disclose any information he or she may | 10 |
| have acquired in
attending any patient in a professional | 11 |
| character, necessary to enable him
or her professionally to | 12 |
| serve the patient, except only (1) in trials for
homicide when | 13 |
| the disclosure relates directly to the fact or immediate
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| circumstances of the homicide, (2) in actions, civil or | 15 |
| criminal, against
the physician for malpractice, (3) with the | 16 |
| expressed consent of the
patient, or in case of his or her | 17 |
| death or disability, of his or her
personal representative or | 18 |
| other person authorized to sue for personal
injury or of the | 19 |
| beneficiary of an insurance policy on his or her life,
health, | 20 |
| or physical condition, (4) in all actions brought by or against | 21 |
| the
patient, his or her personal representative, a beneficiary | 22 |
| under a policy
of insurance, or the executor or administrator | 23 |
| of his or her estate wherein
the patient's physical or mental | 24 |
| condition is an issue, (5) upon an issue
as to the validity of |
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| a document as a will of the patient, (6) in any
criminal action | 2 |
| where the charge is either first degree murder by abortion,
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| attempted abortion or abortion, (7) in actions, civil or | 4 |
| criminal, arising
from the filing of a report in compliance | 5 |
| with the Abused and Neglected
Child Reporting Act, (8) to any | 6 |
| department, agency, institution
or facility which has custody | 7 |
| of the patient pursuant to State statute
or any court order of | 8 |
| commitment, (9) in prosecutions where written
results of blood | 9 |
| alcohol tests are admissible pursuant to Section 11-501.4
of | 10 |
| the Illinois Vehicle Code, (10) in prosecutions where written
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| results of blood alcohol tests are admissible under Section | 12 |
| 5-11a of the
Boat Registration and Safety Act,
or (11) in | 13 |
| criminal actions arising from the filing of a report of | 14 |
| suspected
terrorist offense in compliance with Section | 15 |
| 29D-10(p)(7) of the Criminal Code
of 1961 , or (12) upon the | 16 |
| issuance of a subpoena pursuant to Section 38 of the Medical | 17 |
| Practice Act of 1987; the issuance of a subpoena pursuant to | 18 |
| Section 25.1 of the Illinois Dental Practice Act; or the | 19 |
| issuance of a subpoena pursuant to Section 22 of the Nursing | 20 |
| Home Administrators Licensing and Disciplinary Act .
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| In the event of a conflict between the application of this | 22 |
| Section
and the Mental Health and Developmental Disabilities | 23 |
| Confidentiality
Act to a specific situation, the provisions of | 24 |
| the Mental Health and
Developmental Disabilities | 25 |
| Confidentiality Act shall control.
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| (Source: P.A. 87-803; 92-854, eff. 12-5-02.)
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| (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
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| Sec. 8-2001. Examination of health care records.
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| (a) In this Section : , | 30 |
| " Health
health care facility" or "facility" means a public | 31 |
| or
private hospital, ambulatory surgical treatment center, | 32 |
| nursing home,
independent practice association, or physician | 33 |
| hospital organization, or any
other entity where health care |
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| services are provided to any person. The term
does not include | 2 |
| a health care practitioner
an organizational structure whose | 3 |
| records are subject to
Section 8-2003 .
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| "Health care practitioner" means any health care | 5 |
| practitioner, including a physician, dentist, podiatrist, | 6 |
| advanced practice nurse, physician assistant, clinical | 7 |
| psychologist, or clinical social worker. The term includes a | 8 |
| medical office, health care clinic, health department, group | 9 |
| practice, and any other organizational structure for a licensed | 10 |
| professional to provide health care services. The term does not | 11 |
| include a health care facility.
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| (b) Every private and public health care facility shall, | 13 |
| upon the request of any
patient who has been treated in such | 14 |
| health care facility, or any person, entity, or organization | 15 |
| presenting a valid authorization for the release of records | 16 |
| signed by the patient or the patient's legally authorized | 17 |
| representative, permit the patient,
his or her health care | 18 |
| practitioner
physician ,
patient's authorized attorney, or any | 19 |
| person, entity, or organization presenting a valid | 20 |
| authorization for the release of records signed by the patient | 21 |
| or the patient's legally authorized representative to examine | 22 |
| the health care facility
patient care records,
including but | 23 |
| not limited to the history, bedside notes, charts, pictures
and | 24 |
| plates, kept in connection with the treatment of such patient, | 25 |
| and
permit copies of such records to be made by him or her or | 26 |
| his or her
health care practitioner
physician or patient's
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| authorized attorney. | 28 |
| (c) Every health care practitioner shall, upon the request | 29 |
| of any patient
who has been treated by the health care | 30 |
| practitioner, or any person, entity, or organization | 31 |
| presenting a valid authorization for the release of records | 32 |
| signed by the patient or the patient's legally authorized | 33 |
| representative, permit the
patient
and the patient's health | 34 |
| care practitioner or patient's authorized attorney, or any |
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| person, entity, or organization presenting a valid | 2 |
| authorization for the release of records signed by the patient | 3 |
| or the patient's legally authorized representative, to examine | 4 |
| and copy the
patient's records, including but not limited to | 5 |
| those relating to the
diagnosis, treatment, prognosis, | 6 |
| history, charts, pictures and plates, kept in
connection with | 7 |
| the treatment of such patient. | 8 |
| (d) A request for copies of the records shall
be in writing | 9 |
| and shall be delivered to the administrator or manager of
such | 10 |
| health care facility or to the health care practitioner . The | 11 |
| health care facility shall be reimbursed by the
person | 12 |
| requesting copies of records shall reimburse the facility or | 13 |
| the health care practitioner with the requested record at the | 14 |
| time of such copying for all
reasonable expenses, including the | 15 |
| costs of independent copy service companies,
incurred by the | 16 |
| health care facility in connection with such copying not to
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| exceed a $20 handling charge for processing the
request for | 18 |
| copies, and 75 cents per page for the first through 25th pages, | 19 |
| 50
cents per page for the 26th through 50th pages, and 25 cents | 20 |
| per page for all
pages in excess of 50 (except that the charge | 21 |
| shall not exceed $1.25 per page
for any copies made from | 22 |
| microfiche or microfilm), and actual shipping costs.
These | 23 |
| rates shall be automatically adjusted as set forth in Section | 24 |
| 8-2006.
The health care facility or health care practitioner
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| may, however, charge for the
reasonable cost of all duplication | 26 |
| of
record material or information that cannot routinely be | 27 |
| copied or duplicated on
a standard commercial photocopy machine | 28 |
| such as x-ray films or pictures.
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| (e) The requirements of this Section shall be satisfied | 30 |
| within 30 days of the
receipt of a written request by a patient | 31 |
| or by his or her legally authorized
representative, health care | 32 |
| practitioner
physician ,
patient's authorized attorney, or any | 33 |
| person, entity, or organization presenting a valid | 34 |
| authorization for the release of records signed by the patient |
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| or the patient's legally authorized representative. If the | 2 |
| health care facility or health care practitioner
needs more | 3 |
| time to comply with the request, then within 30 days after | 4 |
| receiving
the request, the facility or health care practitioner
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| must provide the requesting party with a written
statement of | 6 |
| the reasons for the delay and the date by which the requested
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| information will be provided. In any event, the facility or | 8 |
| health care practitioner must provide the
requested | 9 |
| information no later than 60 days after receiving the request.
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| (f) A health care facility or health care practitioner must | 11 |
| provide the public with at least 30 days prior
notice of the | 12 |
| closure of the facility or the health care practitioner's | 13 |
| practice . The notice must include an explanation
of how copies | 14 |
| of the facility's records may be accessed by patients. The
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| notice may be given by publication in a newspaper of general | 16 |
| circulation in the
area in which the health care facility or | 17 |
| health care practitioner is located.
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| (g) Failure to comply with the time limit requirement of | 19 |
| this Section shall
subject the denying party to expenses and | 20 |
| reasonable attorneys' fees
incurred in connection with any | 21 |
| court ordered enforcement of the provisions
of this Section.
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| (Source: P.A. 93-87, eff. 7-2-03; 94-155, eff. 1-1-06.)
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| (735 ILCS 5/8-2006)
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| Sec. 8-2006. Copying fees; adjustment for inflation. | 25 |
| Beginning in
2003, every January 20, the copying fee limits | 26 |
| established in Sections 8-2001 ,
8-2003, 8-2004, and 8-2005 | 27 |
| shall automatically be increased or decreased, as
applicable, | 28 |
| by a percentage equal to the percentage change in the consumer
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| price index-u during the preceding 12-month calendar year. | 30 |
| "Consumer price
index-u" means the index published by the | 31 |
| Bureau of Labor Statistics of the
United States Department of | 32 |
| Labor that measures the average change in
prices of goods and | 33 |
| services purchased by all urban consumers, United
States city |
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| average, all items, 1982-84 = 100. The new amount resulting
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| from each annual adjustment shall be determined by the | 3 |
| Comptroller and
made available to the public on January 20 of | 4 |
| every year.
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| (Source: P.A. 92-228, eff. 9-1-01.)
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| (735 ILCS 5/8-2003 rep.)
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| Section 10. The Code of Civil Procedure is amended by | 8 |
| repealing Section 8-2003.".
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