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Public Act 100-0814
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| HB4848 Enrolled | LRB100 19096 HEP 34353 b |
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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 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, podiatric |
physician, advanced practice registered 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, |
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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,
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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 |
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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 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 |
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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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(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 |
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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. |
(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, or organization |
presenting a valid authorization for the release of records |