Public Act 102-0183
 
HB0714 EnrolledLRB102 13115 LNS 18458 b


  
    AN ACT concerning civil law.
    
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Code of Civil Procedure is amended  by 
changing Section 8-2001 as follows:
 


    (735 ILCS 5/8-2001)  (from Ch. 110, par. 8-2001)



    Sec. 8-2001. Examination of health care records. 

    (a) 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 
a health care practitioner.

    "Health care practitioner" means any health care 
practitioner, including a physician, dentist, podiatric 
physician, advanced practice registered nurse, registered 
nurse, licensed practical nurse, physician assistant, clinical 
psychologist, or clinical social worker, therapist, or 
counselor. 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.

    (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, or as authorized by Section 8-2001.5, permit 
the patient,
his or her health care 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
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
health care 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

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 an 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 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.

    (d-5)  The handling fee shall not be collected from the 
patient or the patient's personal representative who obtains 
copies of records  under Section 8-2001.5. 
    (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, health 
care 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.

    (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

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.

    (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.
    (h) Notwithstanding any other provision of the law in 
recognition of service provided, a health care facility or 
health care practitioner shall provide without charge one 
complete copy of a patient's records if : (1) the patient is an 
indigent homeless veteran; and (2) the records are being 
requested by the patient or a person, entity, attorney, 
registered representative, or organization presenting a valid 
authorization for the release of records signed by the patient 
or the patient's legally authorized representative who has 
provided documentation of authority to act for the patient, or 
by such other
requester as is authorized by statute if the 
patient is deceased, for the purpose of supporting a claim 
for: (1) federal veterans' disability benefits; (2) federal 
Social Security or Supplemental Security Income benefits, or 
both, under any title of the Social Security Act; or (3) Aid to 
the Aged, Blind, or Disabled benefits. Upon request, and if 
the
records are for at least one of the approved purposes, the 
requester may obtain
updated medical records not included in 
the original medical record free of charge if the request is 
accompanied by a valid authorization for the release of 
records signed by
the patient, the patient's legally 
authorized representative who has provided documentation
of 
authority to act for the patient, or such other requester as is 
authorized by statute if the
patient is deceased.

(Source: P.A. 100-513, eff. 1-1-18; 100-814, eff. 1-1-19.)

  


Effective Date:  1/1/2022