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| Public Act 094-0155 |
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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 | ||||
changing Section 8-2001 as follows:
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(735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
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Sec. 8-2001. Examination of records.
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In this Section, "health care facility" or "facility" means | ||||
a public or
private hospital, ambulatory surgical treatment | ||||
center, nursing home,
independent practice association, or | ||||
physician hospital organization, or any
other entity where | ||||
health care services are provided to any person. The term
does | ||||
not include an organizational structure whose records are | ||||
subject to
Section 8-2003.
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Every private and public health care facility shall, upon | ||||
the request of any
patient who has been treated in such health | ||||
care facility, or any person, entity, or organization | ||||
presenting a valid authorization for the release of records | ||||
signed by the patient or the patient's legally authorized | ||||
representative, permit the patient,
his or her physician,
or
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authorized attorney, or any person, entity, or organization | ||||
presenting a valid authorization for the release of records | ||||
signed by the patient or the patient's legally authorized | ||||
representative to examine the health care facility
patient care | ||||
records,
including but not limited to the history, bedside | ||||
notes, charts, pictures
and plates, kept in connection with the | ||||
treatment of such patient, and
permit copies of such records to | ||||
be made by him or her or his or her
physician or authorized | ||||
attorney. A request for copies of the records shall
be in | ||||
writing and shall be delivered to the administrator or manager | ||||
of
such health care facility. The health care facility shall be | ||||
reimbursed by the
person requesting copies of records at the | ||||
time of such copying for all
reasonable expenses, including the | ||
costs of independent copy service companies,
incurred by the | ||
health care facility in connection with such copying not to
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exceed a $20 handling charge for processing the
request for | ||
copies, and 75 cents per page for the first through 25th pages, | ||
50
cents per page for the 26th through 50th pages, and 25 cents | ||
per page for all
pages in excess of 50 (except that the charge | ||
shall not exceed $1.25 per page
for any copies made from | ||
microfiche or microfilm), and actual shipping costs.
These | ||
rates shall be automatically adjusted as set forth in Section | ||
8-2006.
The health care facility may, however, charge for the
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reasonable cost of all duplication of
record material or | ||
information that cannot routinely be copied or duplicated on
a | ||
standard commercial photocopy machine such as x-ray films or | ||
pictures.
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The requirements of this Section shall be satisfied within | ||
30 days of the
receipt of a written request by a patient or by | ||
his or her legally authorized
representative, physician, or
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authorized attorney, or any person, entity, or organization | ||
presenting a valid authorization for the release of records | ||
signed by the patient or the patient's legally authorized | ||
representative. If the health care facility
needs more time to | ||
comply with the request, then within 30 days after receiving
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the request, the facility must provide the requesting party | ||
with a written
statement of the reasons for the delay and the | ||
date by which the requested
information will be provided. In | ||
any event, the facility must provide the
requested information | ||
no later than 60 days after receiving the request.
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A health care facility must provide the public with at | ||
least 30 days prior
notice of the closure of the facility. The | ||
notice must include an explanation
of how copies of the | ||
facility's records may be accessed by patients. The
notice may | ||
be given by publication in a newspaper of general circulation | ||
in the
area in which the health care facility is located.
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Failure to comply with the time limit requirement of this | ||
Section shall
subject the denying party to expenses and | ||
reasonable attorneys' fees
incurred in connection with any | ||
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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