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| Public Act 097-0623 | ||||
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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 Sections 8-802 and 8-2001 and by adding Section | ||||
8-2001.5 as follows:
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(735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
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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
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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, or as authorized by Section 8-2001.5, | ||||
(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
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results of blood alcohol tests are admissible under Section | ||
5-11a of the
Boat Registration and Safety Act,
(11) in criminal | ||
actions arising from the filing of a report of suspected
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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.
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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.
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(Source: P.A. 95-478, eff. 8-27-07.)
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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, 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 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 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, 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.
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(Source: P.A. 94-155, eff. 1-1-06; 95-478, eff. 1-1-08 (changed | ||
from 8-27-07 by P.A. 95-480); 95-480, eff. 1-1-08.)
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(735 ILCS 5/8-2001.5 new) | ||
Sec. 8-2001.5. Authorization for release of a deceased | ||
patient's records. | ||
(a) In addition to disclosure allowed under Section 8-802, | ||
a deceased person's health care records may be released upon | ||
written request of the executor or administrator of the | ||
deceased person's estate or to an agent appointed by the | ||
deceased under a power of attorney for health care. When no | ||
executor, administrator, or agent exists, and the person did | ||
not specifically object to disclosure of his or her records in | ||
writing, then a deceased person's health care records may be | ||
released upon the written request of: | ||
(1) the deceased person's surviving spouse; or | ||
(2) if there is no surviving spouse, any one or more of | ||
the following: (i) an adult son or daughter of the | ||
deceased, (ii) a parent of the deceased, or (iii) an adult | ||
brother or sister of the deceased. | ||
(b) Health care facilities and practitioners are | ||
authorized to provide a copy of a deceased patient's records | ||
based upon a person's payment of the statutory fee and signed | ||
"Authorized Relative Certification", attesting to the fact | ||
that the person is authorized to receive such records under | ||
this Section. | ||
(c) Any person who, in good faith, relies on a copy of an | ||
Authorized Relative Certification shall have the same | ||
immunities from criminal and civil liability as those who rely | ||
on a power of attorney for health care as provided by Illinois | ||
law. | ||
(d) Upon request for records of a deceased patient, the | ||
named authorized relative shall provide the facility or | ||
practitioner with a certified copy of the death certificate and | ||
a certification in substantially the following form: | ||
AUTHORIZED RELATIVE CERTIFICATION | ||
I, (insert name of authorized relative), certify that I am | ||
an authorized relative of the deceased (insert name of | ||
deceased). (A certified copy of the death certificate must be | ||
attached.) | ||
I certify that to the best of my knowledge and belief that | ||
no executor or administrator has been appointed for the | ||
deceased's estate, that no agent was authorized to act for the | ||
deceased under a power of attorney for health care, and the | ||
deceased has not specifically objected to disclosure in | ||
writing. | ||
I certify that I am the surviving spouse of the deceased; | ||
or | ||
I certify that there is no surviving spouse and my | ||
relationship to the deceased is (circle one): | ||
(1) An adult son or daughter of the deceased. | ||
(2) Either parent of the deceased. | ||
(3) An adult brother or sister of the deceased. | ||
This certification is made under penalty of perjury.* | ||
Dated: (insert date) | ||
................................. | ||
(Print Authorized Relative's Name) | ||
................................. | ||
(Authorized Relative's Signature) | ||
................................. | ||
(Authorized Relative's Address) | ||
*(Note: Perjury is defined in Section 32-2 of the Criminal Code | ||
of 1961, and is a Class 3 felony.)
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Section 10. The Illinois Power of Attorney Act is amended | ||
by changing Section 4-3 as follows:
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(755 ILCS 45/4-3) (from Ch. 110 1/2, par. 804-3)
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Sec. 4-3. General principles. The health care powers that | ||
may be
delegated to an agent include, without limitation, all | ||
powers an individual
may have to be informed about and to | ||
consent to or refuse or withdraw any
type of health care for | ||
the individual and all powers a
parent may have to control or | ||
consent to health care for a minor child. A
health care agency | ||
may extend beyond the principal's death if necessary to
permit | ||
anatomical gift, autopsy, or disposition of remains, or access | ||
to medical records. Nothing in this
Article shall impair or | ||
supersede any legal right or legal responsibility
which any | ||
person may have to effect the withholding or withdrawal of
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life-sustaining or death-delaying procedures in any lawful | ||
manner, and the
provisions of this Article are cumulative in | ||
such respect.
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(Source: P.A. 85-701.)
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Section 99. Effective date. This Act takes effect October | ||
1, 2011. | ||