Full Text of HB1137 103rd General Assembly
HB1137 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1137 Introduced 1/12/2023, by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/8-2001 | from Ch. 110, par. 8-2001 |
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Amends the Code of Civil Procedure. Requires a health care facility or health care practitioner to notify the patient in writing when the health care facility or health care practitioner alters the patient's record within 3 business days of the alteration. Requires a health care facility or health care practitioner to provide an electronic copy of an altered record within 7 calendar days of the receipt of a written request by a patient. Requires any health care facility that accepts Medicaid to, upon written request, provide an electronic copy of an altered record within 4 business days. Provides that the failure to comply with the time limit requirements of the new provisions shall result in a rebuttable presumption that the health care record was altered to fraudulently conceal a failure to meet the applicable standard of care.
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| | A BILL FOR |
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| 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 Section 8-2001 as follows:
| 6 | | (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
| 7 | | Sec. 8-2001. Examination of health care records.
| 8 | | (a) In this Section: | 9 | | "Health care facility" or "facility" means a public or
| 10 | | private hospital, ambulatory surgical treatment center, | 11 | | nursing home,
independent practice association, or physician | 12 | | hospital organization, or any
other entity where health care | 13 | | services are provided to any person. The term
does not include | 14 | | a health care practitioner.
| 15 | | "Health care practitioner" means any health care | 16 | | practitioner, including a physician, dentist, podiatric | 17 | | physician, advanced practice registered nurse, registered | 18 | | nurse, licensed practical nurse, physician assistant, clinical | 19 | | psychologist, clinical social worker, therapist, or counselor. | 20 | | The term includes a medical office, health care clinic, health | 21 | | department, group practice, and any other organizational | 22 | | structure for a licensed professional to provide health care | 23 | | services. The term does not 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, or as authorized by Section 8-2001.5, permit | 7 | | the patient,
his or her health care practitioner,
authorized | 8 | | attorney, or any person, entity, or organization presenting a | 9 | | valid authorization for the release of records signed by the | 10 | | patient or the patient's legally authorized representative to | 11 | | examine the health care facility
patient care records,
| 12 | | including but not limited to the history, bedside notes, | 13 | | charts, pictures
and plates, kept in connection with the | 14 | | treatment of such patient, and
permit copies of such records | 15 | | to be made by him or her or his or her
health care practitioner | 16 | | or authorized attorney. | 17 | | (c) Every health care practitioner shall, upon the request | 18 | | of any patient who has been treated by the health care | 19 | | practitioner, or any person, entity, or organization | 20 | | presenting a valid authorization for the release of records | 21 | | signed by the patient or the patient's legally authorized | 22 | | representative, permit the patient and the patient's health | 23 | | care practitioner or authorized attorney, or any person, | 24 | | entity, or organization presenting a valid authorization for | 25 | | the release of records signed by the patient or the patient's | 26 | | legally authorized representative, to examine and copy the |
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| 1 | | patient's records, including but not limited to those relating | 2 | | to the diagnosis, treatment, prognosis, history, charts, | 3 | | pictures and plates, kept in connection with the treatment of | 4 | | such patient. | 5 | | (d) A request for copies of the records shall
be in writing | 6 | | and shall be delivered to the administrator or manager of
such | 7 | | health care facility or to the health care practitioner. The
| 8 | | person (including patients, health care practitioners and | 9 | | attorneys)
requesting copies of records shall reimburse the | 10 | | facility or the health care practitioner at the time of such | 11 | | copying for all
reasonable expenses, including the costs of | 12 | | independent copy service companies,
incurred in connection | 13 | | with such copying not to
exceed a $20 handling charge for | 14 | | processing the
request and the actual postage or shipping | 15 | | charge, if any, plus: (1) for paper copies
75 cents per page | 16 | | for the first through 25th pages, 50
cents per page for the | 17 | | 26th through 50th pages, and 25 cents per page for all
pages in | 18 | | excess of 50 (except that the charge shall not exceed $1.25 per | 19 | | page
for any copies made from microfiche or microfilm; records | 20 | | retrieved from scanning, digital imaging, electronic | 21 | | information or other digital format do not qualify as | 22 | | microfiche or microfilm retrieval for purposes of calculating | 23 | | charges); and (2) for electronic records, retrieved from a | 24 | | scanning, digital imaging, electronic information or other | 25 | | digital format in an electronic document, a charge of 50% of | 26 | | the per page charge for paper copies under subdivision (d)(1). |
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| 1 | | This per page charge includes the cost of each CD Rom, DVD, or | 2 | | other storage media. Records already maintained in an | 3 | | electronic or digital format shall be provided in an | 4 | | electronic format when so requested.
If the records system | 5 | | does not allow for the creation or transmission of an | 6 | | electronic or digital record, then the facility or | 7 | | practitioner shall inform the requester in writing of the | 8 | | reason the records can not be provided electronically. The | 9 | | written explanation may be included with the production of | 10 | | paper copies, if the requester chooses to order paper copies. | 11 | | These rates shall be automatically adjusted as set forth in | 12 | | Section 8-2006.
The facility or health care practitioner may, | 13 | | however, charge for the
reasonable cost of all duplication of
| 14 | | record material or information that cannot routinely be copied | 15 | | or duplicated on
a standard commercial photocopy machine such | 16 | | as x-ray films or pictures.
| 17 | | (d-5) The handling fee shall not be collected from the | 18 | | patient or the patient's personal representative who obtains | 19 | | copies of records under Section 8-2001.5. | 20 | | (e) The requirements of this Section shall be satisfied | 21 | | within 30 days of the
receipt of a written request by a patient | 22 | | or by his or her legally authorized
representative, health | 23 | | care practitioner,
authorized attorney, or any person, entity, | 24 | | or organization presenting a valid authorization for the | 25 | | release of records signed by the patient or the patient's | 26 | | legally authorized representative. If the facility
or health |
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| 1 | | care practitioner needs more time to comply with the request, | 2 | | then within 30 days after receiving
the request, the facility | 3 | | or health care practitioner must provide the requesting party | 4 | | with a written
statement of the reasons for the delay and the | 5 | | date by which the requested
information will be provided. In | 6 | | any event, the facility or health care practitioner must | 7 | | provide the
requested information no later than 60 days after | 8 | | receiving the request.
| 9 | | (e-5) When a health care facility or health care | 10 | | practitioner alters a patient's record, that health care | 11 | | facility or health care practitioner shall within 3 business | 12 | | days of the alteration notify the patient or his or her duly | 13 | | authorized representative in writing of the alteration, | 14 | | including an explanation of why the record was altered. A | 15 | | health care facility or health care practitioner shall provide | 16 | | an electronic copy of an altered record within 7 calendar days | 17 | | of the receipt of a written request by a patient or by his or | 18 | | her legally authorized representative, health care | 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. Any health care facility that | 23 | | accepts Medicaid shall upon written request of the patient or | 24 | | his or her duly authorized representative provide an | 25 | | electronic copy of an altered record, including audit trails | 26 | | and audit logs, within 4 business days. Failure to comply with |
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| 1 | | the time limit requirement of this subsection shall result in | 2 | | a rebuttable presumption that the health care record was | 3 | | altered to fraudulently conceal a failure to meet the | 4 | | applicable standard of care. | 5 | | As used in this subsection, "audit trails and audit logs" | 6 | | means all patient identifiable data held within the databases | 7 | | of an electronic record and are distinctly different than the | 8 | | requirements under the HIPAA Security Rule. | 9 | | (f) A health care facility or health care practitioner | 10 | | must provide the public with at least 30 days prior
notice of | 11 | | the closure of the facility or the health care practitioner's | 12 | | practice. The notice must include an explanation
of how copies | 13 | | of the facility's records may be accessed by patients. The
| 14 | | notice may be given by publication in a newspaper of general | 15 | | circulation in the
area in which the health care facility or | 16 | | health care practitioner is located.
| 17 | | (g) Failure to comply with the time limit requirement of | 18 | | this Section shall
subject the denying party to expenses and | 19 | | reasonable attorneys' fees
incurred in connection with any | 20 | | court ordered enforcement of the provisions
of this Section. | 21 | | (h) Notwithstanding any other provision of the law, a | 22 | | health care facility or health care practitioner shall provide | 23 | | without charge one complete copy of a patient's records if the | 24 | | records are being requested by the patient or a person, | 25 | | entity, attorney, registered representative, or organization | 26 | | presenting a valid authorization for the release of records |
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| 1 | | signed by the patient or the patient's legally authorized | 2 | | representative who has provided documentation of authority to | 3 | | act for the patient, or by such other
requester as is | 4 | | authorized by statute if the patient is deceased, for the | 5 | | purpose of supporting a claim for: (1) federal veterans' | 6 | | disability benefits; (2) federal Social Security or | 7 | | Supplemental Security Income benefits, or both, under any | 8 | | title of the Social Security Act; or (3) Aid to the Aged, | 9 | | Blind, or Disabled benefits. Upon request, and if the
records | 10 | | are for at least one of the approved purposes, the requester | 11 | | may obtain
updated medical records not included in the | 12 | | original medical record free of charge if the request is | 13 | | accompanied by a valid authorization for the release of | 14 | | records signed by
the patient, the patient's legally | 15 | | authorized representative who has provided documentation
of | 16 | | authority to act for the patient, or such other requester as is | 17 | | authorized by statute if the
patient is deceased.
| 18 | | (Source: P.A. 102-183, eff. 1-1-22 .)
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