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| Public Act 095-0480 |
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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, if and | ||||
only if Senate Bill 472 of the 95th General Assembly becomes | ||||
law, by changing Sections 8-2001 and 8-2005 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 health care records.
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(a) In this Section: | ||||
"Health care facility" or "facility" means a public or
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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 | ||||
a health care practitioner.
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"Health care practitioner" means any health care | ||||
practitioner, including a physician, dentist, podiatrist, | ||||
advanced practice nurse, physician assistant, clinical | ||||
psychologist, or clinical social worker. The term includes a | ||||
medical office, health care clinic, health department, group | ||||
practice, and any other organizational structure for a licensed | ||||
professional to provide health care services. The term does not | ||||
include a health care facility.
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(b) 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 healthcare | ||
practitioner,
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
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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
healthcare | ||
practitioner or authorized attorney. | ||
(c) Every health care practitioner shall, upon the request | ||
of any patient who has been treated by the health care | ||
practitioner, 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 and the patient's health | ||
care practitioner or 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 and copy the | ||
patient's records, including but not limited to those relating | ||
to the diagnosis, treatment, prognosis, history, charts, | ||
pictures and plates, kept in connection with the treatment of | ||
such patient. | ||
(d) 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 or to the health care practitioner. The
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person (including patients, health care practitioners and | ||
attorneys)
requesting copies of records shall reimburse the | ||
facility or the health care practitioner at the time of such | ||
copying for all
reasonable expenses, including the costs of | ||
independent copy service companies,
incurred in connection | ||
with such copying not to
exceed a $20 handling charge for | ||
processing the
request and the actual postage or shipping | ||
charge, if any, plus: (1) for paper copies
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; records | ||
retrieved from scanning, digital imaging, electronic | ||
information or other digital format do not qualify as | ||
microfiche or microfilm retrieval for purposes of calculating | ||
charges); and (2) for electronic records, retrieved from a | ||
scanning, digital imaging, electronic information or other | ||
digital format in a electronic document, a charge of 50% of the | ||
per page charge for paper copies under subdivision (d)(1). This | ||
per page charge includes the cost of
75 cents for each CD Rom, | ||
DVD, or other storage media. Records already maintained in an | ||
electronic or digital format shall be provided in an electronic | ||
format when so requested.
If the records system does not allow | ||
for the creation or transmission of an electronic or digital | ||
record, then the facility or practitioner shall inform the | ||
requester in writing of the reason the records can not be | ||
provided electronically. The written explanation may be | ||
included with the production of paper copies, if the requester | ||
chooses to order paper copies. These rates shall be | ||
automatically adjusted as set forth in Section 8-2006.
The | ||
facility or health care practitioner may, however, charge for | ||
the
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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(e) 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, healthcare | ||
practitioner,
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 facility
or health care | ||
practitioner needs more time to comply with the request, then | ||
within 30 days after receiving
the request, the facility or | ||
health care practitioner 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 or health care practitioner must provide | ||
the
requested information no later than 60 days after receiving | ||
the request.
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(f) A health care facility or health care practitioner must | ||
provide the public with at least 30 days prior
notice of the | ||
closure of the facility or the health care practitioner's | ||
practice. The notice must include an explanation
of how copies | ||
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 | ||
circulation in the
area in which the health care facility or | ||
health care practitioner is located.
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(g) 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. 93-87, eff. 7-2-03; 94-155, eff. 1-1-06; | ||
09500SB0472ham001.)
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(735 ILCS 5/8-2005)
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Sec. 8-2005. Attorney's records. This Section applies only | ||
if a client and his or her authorized
attorney have complied | ||
with all applicable legal requirements regarding
examination | ||
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 | ||
client's authorized attorney to examine and copy the
records | ||
kept by the attorney in connection with the representation of | ||
the
client, with the exception of attorney work product. The | ||
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 | ||
reasonable time after
the attorney receives the written | ||
request, the attorney shall comply with the
written request at | ||
his or her office or any other place designated by him or
her. | ||
At the time of copying, the person requesting the records shall
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reimburse the attorney for all reasonable expenses, including | ||
the costs of
independent copy service companies, incurred by | ||
the attorney in connection
with the copying not to exceed a
$20 | ||
handling charge for processing the request,
and
the actual | ||
postage or shipping charges, if any, plus (1) for paper copies | ||
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; records retrieved from scanning, digital imaging, | ||
electronic information or other digital format do not qualify | ||
as microfiche or microfilm retrieval for purposes of | ||
calculating charges); and (2) for electronic records, | ||
retrieved from a scanning, digital imaging, electronic | ||
information or other digital format in a electronic document, a | ||
charge of 50% of the per page charge for paper copies under | ||
subdivision (d)(1). This per page charge includes the cost of
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75 cents for each CD Rom, DVD, or other storage media. Records | ||
already maintained in an electronic or digital format shall be | ||
provided in an electronic format when so requested. If the | ||
records system does not allow for the creation or transmission | ||
of an electronic or digital record, then the attorney shall | ||
inform the requester in writing of the reason the records can | ||
not be provided electronically. The written explanation may be | ||
included with the production of paper copies, if the requester | ||
chooses to order paper copies.
These rates shall be | ||
automatically
adjusted as set forth in Section 8-2006.
The | ||
attorney may, however, charge for the 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 pictures.
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An attorney shall satisfy the requirements of this Section | ||
within 60
days after he or she receives a request from a client | ||
or his or her authorized
attorney. An attorney who fails to | ||
comply with the time limit requirement of
this Section shall be | ||
required to pay expenses and reasonable attorney's fees
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incurred in connection with any court-ordered enforcement of | ||
the
requirements of this Section.
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(Source: P.A. 92-228, eff. 9-1-01; 09500SB0472ham001.)
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Section 10. "An Act concerning civil law", Senate Bill 472 | ||
of the 95th General Assembly, is amended, if and only if Senate | ||
Bill 472 of the 95th General Assembly becomes law, by changing | ||
Section 99 as follows: | ||
(SB 472, 95th G.A., Sec. 99)
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Sec. 99. Effective date. This Act takes effect upon | ||
becoming law, except that the provisions amending the Code of | ||
Civil Procedure by changing Sections 8-2001, 8-2005, and 8-2006 | ||
and repealing Section 8-2003 take effect on January 1, 2008.
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(Source: 09500SB0472ham001.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law, except Section 5 takes effect on January 1, 2008. | ||