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| Public Act 100-0814 | ||||
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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, | ||||
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 | ||
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 | ||
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 | ||
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 | ||
signed by the patient or the patient's legally authorized | ||
representative, for the purpose of supporting a claim for | ||
federal veterans' disability benefits.
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(Source: P.A. 100-513, eff. 1-1-18.)
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