Public Act 095-0478
 		





SB0472 Enrolled
LRB095 05619 AJO 25709 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 Sections 8-802, 8-2001, 8-2005, and 8-2006 as follows:
 



    (735 ILCS 5/8-802)  (from Ch. 110, par. 8-802)


    Sec. 8-802. Physician and patient. No physician or surgeon 
shall be
permitted to disclose any information he or she may 
have acquired in
attending any patient in a professional 
character, necessary to enable him
or her professionally to 
serve the patient, except only (1) in trials for
homicide when 
the disclosure relates directly to the fact or immediate

circumstances of the homicide, (2) in actions, civil or 
criminal, against
the physician for malpractice, (3) with the 
expressed consent of the
patient, or in case of his or her 
death or disability, of his or her
personal representative or 
other person authorized to sue for personal
injury or of the 
beneficiary of an insurance policy on his or her life,
health, 
or physical condition, (4) in all actions brought by or against 
the
patient, his or her personal representative, a beneficiary 
under a policy
of insurance, or the executor or administrator 
of his or her estate wherein
the patient's physical or mental 
condition is an issue, (5) upon an issue
as to the validity of 
a document as a will of the patient, (6) in any
criminal action 
where the charge is either first degree murder by abortion,

attempted abortion or abortion, (7) in actions, civil or 
criminal, arising
from the filing of a report in compliance 
with the Abused and Neglected
Child Reporting Act, (8) to any 
department, agency, institution
or facility which has custody 
of the patient pursuant to State statute
or any court order of 
commitment, (9) in prosecutions where written
results of blood 
alcohol tests are admissible pursuant to Section 11-501.4
of 
the Illinois Vehicle Code, (10) in prosecutions where written

results of blood alcohol tests are admissible under Section 
5-11a of the
Boat Registration and Safety Act,
or (11) in 
criminal actions arising from the filing of a report of 
suspected
terrorist offense in compliance with Section 
29D-10(p)(7) of the Criminal Code
of 1961, or (12) upon the 
issuance of a subpoena pursuant to Section 38 of the Medical 
Practice Act of 1987; the issuance of a subpoena pursuant to 
Section 25.1 of the Illinois Dental Practice Act; or the 
issuance of a subpoena pursuant to Section 22 of the Nursing 
Home Administrators Licensing and Disciplinary Act.

    In the event of a conflict between the application of this 
Section
and the Mental Health and Developmental Disabilities 
Confidentiality
Act to a specific situation, the provisions of 
the Mental Health and
Developmental Disabilities 
Confidentiality Act shall control.

(Source: P.A. 87-803; 92-854, eff. 12-5-02.)


 



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



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

    (a) In this Section: ,
    "Health
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
an organizational structure whose 
records are subject to
Section 8-2003.

    "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.

    (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 health care 
practitioner
physician,

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
physician 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 
health care facility shall be reimbursed by 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 by the health care facility in 
connection with such copying not to
exceed a $20 handling 
charge for processing the
request for copies, 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 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 ), and actual shipping costs.
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. These rates shall be 
automatically adjusted as set forth in Section 8-2006.
The 
health care 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.

    (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
physician,
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

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.

(Source: P.A. 93-87, eff. 7-2-03; 94-155, eff. 1-1-06.)

 



    (735 ILCS 5/8-2005)


    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

satisfaction of expenses and attorney retaining liens.

    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

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

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 for copies,
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 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 ), and actual shipping costs. 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 cannot be 
provided electronically.
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.

    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

incurred in connection with any court-ordered enforcement of 
the
requirements of this Section.

(Source: P.A. 92-228, eff. 9-1-01.)


 



    (735 ILCS 5/8-2006)


    Sec. 8-2006. Copying fees; adjustment for inflation. 
Beginning in
2003, every January 20, the copying fee limits 
established in Sections 8-2001,
8-2003, 8-2004, and 8-2005 
shall automatically be increased or decreased, as
applicable, 
by a percentage equal to the percentage change in the consumer

price index-u during the preceding 12-month calendar year. 
"Consumer price
index-u" means the index published by the 
Bureau of Labor Statistics of the
United States Department of 
Labor that measures the average change in
prices of goods and 
services purchased by all urban consumers, United
States city 
average, all items, 1982-84 = 100. The new amount resulting

from each annual adjustment shall be determined by the 
Comptroller and
made available to the public via the 
Comptroller's official website by January 31 of every year.

(Source: P.A. 94-982, eff. 6-30-06.)

 

    (735 ILCS 5/8-2003 rep.)


    Section 90. The Code of Civil Procedure is amended  by 
repealing Section 8-2003.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.