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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, if and 
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only if Senate Bill 472 of the 95th General Assembly becomes 
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law,  by changing Sections 8-2001 and 8-2005 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:
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    "Health care facility" or "facility" means a public or

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private hospital, ambulatory surgical treatment center, 
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nursing home,
independent practice association, or physician 
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hospital organization, or any
other entity where health care 
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services are provided to any person.  The term
does not include 
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a health care practitioner.

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    "Health care practitioner" means any health care 
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practitioner, including a physician, dentist, podiatrist, 
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advanced practice nurse, physician assistant, clinical 
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psychologist, or clinical social worker. The term includes a 
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medical office, health care clinic, health department, group 
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practice, and any other organizational structure for a licensed 
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professional to provide health care services. The term does not 
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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 
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health care facility, or any person, entity, or organization 
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presenting a valid authorization for the release of records 
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signed by the patient or the patient's legally authorized 
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representative, permit the patient,
his or her healthcare 
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practitioner,

authorized attorney, or any person, entity, or 
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organization presenting a valid authorization for the release 
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of records signed by the patient or the patient's legally 
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authorized representative to examine the health care facility

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patient care records,
including but not limited to the history, 
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bedside notes, charts, pictures
and plates, kept in connection 
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with the treatment of such patient, and
permit copies of such 
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records to be made by him or her or his or her
healthcare 
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practitioner or authorized attorney.
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    (c) Every health care practitioner shall, upon the request 
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of any patient who has been treated by the health care 
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practitioner, or any person, entity, or organization 
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presenting a valid authorization for the release of records 
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signed by the patient or the patient's legally authorized 
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representative, permit the patient and the patient's health 
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care practitioner or authorized attorney, or any person, 
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entity, or organization presenting a valid authorization for 
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the release of records signed by the patient or the patient's 
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legally authorized representative, to examine and copy the 
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patient's records, including but not limited to those relating 
 


 






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to the diagnosis, treatment, prognosis, history, charts, 
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pictures and plates, kept in connection with the treatment of 
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such patient.
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    (d)  A request for copies of the records shall
be in writing 
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and shall be delivered to the administrator or manager of
such 
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health care facility or to the health care practitioner. The

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person (including patients, health care practitioners and 
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attorneys)
requesting copies of records shall reimburse the 
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facility or the health care practitioner at the time of such 
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copying for all
reasonable expenses, including the costs of 
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independent copy service companies,
incurred in connection 
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with such copying not to
exceed a $20 handling charge for 
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processing the
request and the actual postage or shipping 
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charge, if any, plus: (1) for paper copies
75 cents per page 
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for the first through 25th pages, 50
cents per page for the 
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26th through 50th pages, and 25 cents per page for all
pages in 
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excess of 50 (except that the charge shall not exceed $1.25 per 
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page
for any copies made from microfiche or microfilm; records 
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retrieved from scanning, digital imaging, electronic 
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information or other digital format do not qualify as 
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microfiche or microfilm retrieval for purposes of calculating 
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charges); and (2) for electronic records, retrieved from a 
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scanning, digital imaging, electronic information or other 
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digital format in a electronic document, a charge of 50% of the 
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per page charge for paper copies under subdivision (d)(1). This 
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per page charge includes the cost of
75 cents for each CD Rom, 
 


 






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DVD, or other storage media. Records already maintained in an 
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electronic or digital format shall be provided in an electronic 
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format when so requested.
If the records system does not allow 
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for the creation or transmission of an electronic or digital 
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record, then the facility or practitioner shall inform the 
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requester in writing of the reason the records can not be 
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provided electronically. The written explanation may be 
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included with the production of paper copies, if the requester 
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chooses to order paper copies. These rates shall be 
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automatically adjusted as set forth in Section 8-2006.
The 
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facility or health care practitioner may, however, charge for 
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the
reasonable cost of all duplication of
record material or 
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information that cannot routinely be copied or duplicated on
a 
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standard commercial photocopy machine such as x-ray films or 
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pictures.

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    (e) The requirements of this Section shall be satisfied 
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within 30 days of the
receipt of a written request by a patient 
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or by his or her legally authorized
representative, healthcare 
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practitioner,
authorized attorney, or any person, entity, or 
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organization presenting a valid authorization for the release 
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of records signed by the patient or the patient's legally 
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authorized representative. If the facility
or health care 
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practitioner needs more time to comply with the request, then 
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within 30 days after receiving
the request, the facility or 
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health care practitioner must provide the requesting party with 
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a written
statement of the reasons for the delay and the date 
 


 






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by which the requested
information will be provided. In any 
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event, the facility or health care practitioner must provide 
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the
requested information no later than 60 days after receiving 
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the request.

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    (f) A health care facility or health care practitioner must 
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provide the public with at least 30 days prior
notice of the 
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closure  of the facility or the health care practitioner's 
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practice. The notice must include an explanation
of how copies 
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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 
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circulation in the
area in which the health care facility or 
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health care practitioner is located.

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    (g) Failure to comply with the time limit requirement of 
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this Section shall
subject the denying party to expenses and 
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reasonable attorneys' fees
incurred in connection with any 
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court ordered enforcement of the provisions
of this Section.

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(Source: P.A. 93-87, eff. 7-2-03; 94-155, eff. 1-1-06; 
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09500SB0472ham001.)

 



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    (735 ILCS 5/8-2005)


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    Sec. 8-2005. Attorney's records. This Section applies only 
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if a client and his or her authorized
attorney have complied 
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with all applicable legal requirements regarding
examination 
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and copying of client files, including but not limited to

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satisfaction of expenses and attorney retaining liens.

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    Upon the request of a client, an
attorney shall permit the 
 


 






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client's authorized attorney to examine and copy the
records 
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kept by the attorney in connection with the representation of 
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the
client, with the exception of attorney work product. The 
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request for
examination and copying of the records shall be in

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writing and shall be delivered to the attorney.  Within a 
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reasonable time after
the attorney receives the written 
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request, the attorney shall comply with the
written request at 
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his or her office or any other place designated by him or
her.  
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At the time of copying, the person requesting the records shall

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reimburse the attorney for all reasonable expenses, including 
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the costs of
independent copy service companies, incurred by 
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the attorney in connection
with the copying not to exceed a
$20 
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handling charge for processing the request,
and
the actual 
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postage or shipping charges, if any, plus (1) for paper copies 
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75 cents per page for the first through 25th pages, 50 cents 
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per page for the
26th through 50th pages, and 25 cents per page 
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for all pages in excess of 50
(except that the charge shall not 
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exceed $1.25 per page for any copies
made from microfiche or 
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microfilm; records retrieved from scanning, digital imaging, 
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electronic information or other digital format do not qualify 
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as microfiche or microfilm retrieval for purposes of 
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calculating charges); and (2) for electronic records, 
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retrieved from a scanning, digital imaging, electronic 
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information or other digital format in a electronic document, a 
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charge of 50% of the per page charge for paper copies under 
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subdivision (d)(1). This per page charge includes the cost of

 


 






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75 cents for each CD Rom, DVD, or other storage media. Records 
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already maintained in an electronic or digital format shall be 
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provided in an electronic format when so requested. If the 
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records system does not allow for the creation or transmission 
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of an electronic or digital record, then the attorney shall 
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inform the requester in writing of the reason the records can 
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not be provided electronically. The written explanation may be 
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included with the production of paper copies, if the requester 
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chooses to order paper copies.
These rates shall be 
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automatically
adjusted as set forth in Section 8-2006.
The 
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attorney may, however, charge for the reasonable cost of all 
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duplication of
record material or information that cannot 
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routinely be copied or
duplicated on a standard commercial 
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photocopy machine such as pictures.

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    An attorney shall satisfy the requirements of this Section 
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within 60
days after he or she receives a request from a client 
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or his or her authorized
attorney.  An attorney who fails to 
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comply with the time limit requirement of
this Section shall be 
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required to pay expenses and reasonable attorney's fees

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

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(Source: P.A. 92-228, eff. 9-1-01; 09500SB0472ham001.)

 
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    Section 10. "An Act concerning civil law", Senate Bill 472 
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of the 95th General Assembly, is amended, if and only if Senate 
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Bill 472 of the 95th General Assembly becomes law,  by changing 
 


 






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Section 99 as follows:
 
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    (SB 472, 95th G.A., Sec. 99)

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    Sec. 99. Effective date. This Act takes effect upon 
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becoming law, except that the provisions amending the Code of 
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Civil Procedure by changing Sections 8-2001, 8-2005, and 8-2006 
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and repealing Section 8-2003 take effect on January 1, 2008.

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(Source: 09500SB0472ham001.)

 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law, except Section 5 takes effect on January 1, 2008.