Public Act 097-0867
 
SB3171 EnrolledLRB097 18829 CEL 64066 b


  
    AN ACT concerning regulation.
  
 
    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 8-2001 and 8-2001.5 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, 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, 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 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.

    (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.

(Source: P.A. 97-623, eff. 11-23-11.)

 
    (735 ILCS 5/8-2001.5)
    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 must 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 must may 
be released upon the written request of a person, who is 
considered to be a personal representative of the patient for 
the purpose of the release of a deceased patient's health care 
records, in one of these categories:
        (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.
 
    I certify that I am seeking the records as a personal 
representative who is acting in a representative capacity and 
who is  authorized to seek these records under Section 8-2001.5 
of the Code of Civil Procedure. 
 
    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.) 

(Source: P.A. 97-623, eff. 11-23-11.)

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