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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 by | |||||||||||||||||||||
5 | changing Sections 8-2001 and 8-2003 as follows:
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6 | (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
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7 | Sec. 8-2001. Examination of records.
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8 | In this Section, "health care facility" or "facility" means | |||||||||||||||||||||
9 | a public or
private hospital, ambulatory surgical treatment | |||||||||||||||||||||
10 | center, nursing home,
independent practice association, or | |||||||||||||||||||||
11 | physician hospital organization, or any
other entity where | |||||||||||||||||||||
12 | health care services are provided to any person. The term
does | |||||||||||||||||||||
13 | not include an organizational structure whose records are | |||||||||||||||||||||
14 | subject to
Section 8-2003.
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15 | Every private and public health care facility shall, upon | |||||||||||||||||||||
16 | the request of any
patient who has been treated in such health | |||||||||||||||||||||
17 | care facility, or any person, entity, or organization | |||||||||||||||||||||
18 | presenting a valid authorization for the release of records | |||||||||||||||||||||
19 | signed by the patient or the patient's legally authorized | |||||||||||||||||||||
20 | representative, permit the patient,
his or her
physician,
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21 | authorized attorney, or any person, entity, or organization | |||||||||||||||||||||
22 | presenting a valid authorization for the release of records | |||||||||||||||||||||
23 | signed by the patient or the patient's legally authorized |
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1 | representative to examine the health care facility
patient care | ||||||
2 | records,
including but not limited to the history, bedside | ||||||
3 | notes, charts, pictures
and plates, kept in connection with the | ||||||
4 | treatment of such patient, and
permit copies of such records to | ||||||
5 | be made by him or her or his or her
physician or authorized | ||||||
6 | attorney. A request for copies of the records shall
be in | ||||||
7 | writing and shall be delivered to the administrator or manager | ||||||
8 | of
such health care facility. The health care facility shall be | ||||||
9 | reimbursed by the
person requesting copies of records at the | ||||||
10 | time of such copying for all
reasonable expenses, including the | ||||||
11 | costs of independent copy service companies,
incurred by the | ||||||
12 | health care facility in connection with such copying not to
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13 | exceed a $20 handling charge for processing the
request for | ||||||
14 | copies, and 75 cents per page for the first through 25th pages, | ||||||
15 | 50
cents per page for the 26th through 50th pages, and 25 cents | ||||||
16 | per page for all
pages in excess of 50 (except that the charge | ||||||
17 | shall not exceed $1.25 per page
for any copies made from | ||||||
18 | microfiche ,
or microfilm , or an "electronic record", as that | ||||||
19 | term is defined in Section 5-105 of the Electronic Commerce | ||||||
20 | Security Act ), and actual shipping costs.
These rates shall be | ||||||
21 | automatically adjusted as set forth in Section 8-2006.
The | ||||||
22 | health care facility may, however, charge for the
reasonable | ||||||
23 | cost of all duplication of
record material or information that | ||||||
24 | cannot routinely be copied or duplicated on
a standard | ||||||
25 | commercial photocopy machine such as x-ray films or pictures.
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26 | The requirements of this Section shall be satisfied within |
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1 | 30 days of the
receipt of a written request by a patient or by | ||||||
2 | his or her legally authorized
representative,
physician,
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3 | authorized attorney, 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. If the health care facility
needs more time to | ||||||
7 | comply with the request, then within 30 days after receiving
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8 | the request, the facility must provide the requesting party | ||||||
9 | with a written
statement of the reasons for the delay and the | ||||||
10 | date by which the requested
information will be provided. In | ||||||
11 | any event, the facility must provide the
requested information | ||||||
12 | no later than 60 days after receiving the request.
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13 | A health care facility must provide the public with at | ||||||
14 | least 30 days prior
notice of the closure of the facility. The | ||||||
15 | notice must include an explanation
of how copies of the | ||||||
16 | facility's records may be accessed by patients. The
notice may | ||||||
17 | be given by publication in a newspaper of general circulation | ||||||
18 | in the
area in which the health care facility is located.
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19 | Failure to comply with the time limit requirement of this | ||||||
20 | Section shall
subject the denying party to expenses and | ||||||
21 | reasonable attorneys' fees
incurred in connection with any | ||||||
22 | court ordered enforcement of the provisions
of this Section.
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23 | (Source: P.A. 93-87, eff. 7-2-03; 94-155, eff. 1-1-06.)
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24 | (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
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25 | Sec. 8-2003. Records of health care practitioners.
In
this |
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1 | Section, "practitioner" means any health care practitioner, | ||||||
2 | including a
physician, dentist, podiatrist, advanced practice | ||||||
3 | nurse, physician
assistant, clinical psychologist, or clinical | ||||||
4 | social worker. The
term includes a medical
office, health care | ||||||
5 | clinic, health department, group practice, and any
other | ||||||
6 | organizational structure for a licensed professional to | ||||||
7 | provide health
care services. The term does not include a | ||||||
8 | health care facility as defined in
Section 8-2001.
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9 | Every practitioner shall, upon the request of any patient
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10 | who has been treated by such practitioner, permit the
patient
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11 | and the patient's practitioner or authorized attorney to | ||||||
12 | examine and copy the
patient's records, including but not | ||||||
13 | limited to those relating to the
diagnosis, treatment, | ||||||
14 | prognosis, history, charts, pictures and plates, kept in
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15 | connection with the treatment of such patient. Such request for | ||||||
16 | examining and
copying of the records shall be in writing and | ||||||
17 | shall be delivered to such practitioner. Such written request | ||||||
18 | shall be complied with by
the practitioner within a reasonable | ||||||
19 | time after receipt by him or
her
at his or her office or any | ||||||
20 | other place designated by him or her.
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21 | The requirements of this Section shall be satisfied within | ||||||
22 | 30 days of the
receipt of a written request.
If the | ||||||
23 | practitioner needs more time to comply with the request,
then
| ||||||
24 | within 30 days after receiving the request, the practitioner | ||||||
25 | must
provide the requesting party with a
written statement of | ||||||
26 | the reasons for the delay and the date by which the
requested |
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1 | information will be provided. In any event, the practitioner | ||||||
2 | must
provide the requested information no later than 60 days | ||||||
3 | after
receiving the request.
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4 | The practitioner shall be reimbursed by the person
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5 | requesting
such
records at the time of such copying, for all | ||||||
6 | reasonable expenses, including
the costs of independent copy | ||||||
7 | service companies, incurred by the
practitioner in connection | ||||||
8 | with such copying not to exceed a $20 handling
charge for | ||||||
9 | processing the request for copies, and 75 cents per page for | ||||||
10 | the
first through 25th pages, 50 cents per page for the 26th | ||||||
11 | through 50th pages,
and 25 cents per page for all pages in | ||||||
12 | excess of 50 (except that the charge
shall not exceed $1.25 per | ||||||
13 | page for any copies made from microfiche ,
or
microfilm , or an | ||||||
14 | "electronic record", as that term is defined in Section 5-105 | ||||||
15 | of the Electronic Commerce Security Act ), and actual shipping | ||||||
16 | costs.
These rates shall be automatically
adjusted as set forth | ||||||
17 | in Section 8-2006. The physician or other practitioner
may, | ||||||
18 | however, charge for the reasonable cost of all duplication of | ||||||
19 | record
material or information that cannot routinely be copied | ||||||
20 | or duplicated on a
standard commercial photocopy machine such | ||||||
21 | as x-ray films or pictures.
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22 | A health care practitioner must provide the public with at | ||||||
23 | least 30 days
prior notice
of the closure of the practitioner's | ||||||
24 | practice. The notice must include an
explanation of how copies | ||||||
25 | of the practitioner's records may be accessed by
patients. The | ||||||
26 | notice may be given by publication in a newspaper of general
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1 | circulation in
the area
in which the health care practitioner's | ||||||
2 | practice is located.
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3 | Failure to comply with the time limit requirement of this | ||||||
4 | Section shall
subject the denying party to expenses and | ||||||
5 | reasonable attorneys' fees
incurred in connection with any | ||||||
6 | court ordered enforcement of the provisions
of this Section.
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7 | (Source: P.A. 92-228, eff. 9-1-01; 93-87, eff. 7-2-03.)
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