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91_HB3112eng HB3112 Engrossed LRB9110856DHmb 1 AN ACT to amend the Code of Civil Procedure by changing 2 Sections 8-2001, 8-2003, and 8-2004, changing the heading of 3 Part 20 of Article VIII, and adding Sections 8-2005 and 4 8-2006. 5 Be it enacted by the People of the State of Illinois, 6 represented in the General Assembly: 7 Section 5. The Code of Civil Procedure is amended by 8 changing Sections 8-2001, 8-2003, and 8-2004, changing the 9 heading of Part 20 of Article VIII, and adding Sections 10 8-2005 and 8-2006 as follows: 11 (735 ILCS 5/Art. 8, Part 20 heading) 12 Part 20. Inspection ofHospitalRecords 13 (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001) 14 (Text of Section WITHOUT the changes made by P.A. 89-7, 15 which has been held unconstitutional) 16 Sec. 8-2001. Examination of records. Every private and 17 public hospital shall, upon the request of any patient who 18 has been treated in such hospital and after his or her 19 discharge therefrom, permit the patient, his or her physician 20 or authorized attorney to examine the hospital records, 21 including but not limited to the history, bedside notes, 22 charts, pictures and plates, kept in connection with the 23 treatment of such patient, and permit copies of such records 24 to be made by him or her or his or her physician or 25 authorized attorney. A request for copiesexaminationof the 26 records shall be in writing and shall be delivered to the 27 administrator of such hospital. The hospital shall be 28 reimbursed by the person requesting copies of records at the 29 time of such copying for all reasonable expenses, including 30 the costs of independent copy service companies, incurred by HB3112 Engrossed -2- LRB9110856DHmb 1 the hospital in connection with such copying not to exceed a 2 $25 handling charge for processing the request for copies and 3 37 cents per page (except that the charge shall not exceed $1 4 per page for any copies made from microfiche or microfilm), 5 and actual shipping costs. These rates shall be 6 automatically adjusted as set forth in Section 8-2006. The 7 hospital may, however, charge for the reasonable cost of all 8 duplication of record material or information that cannot 9 routinely be copied or duplicated on a standard commercial 10 photocopy machine such as x-ray films or pictures. 11 The requirements of this Section shall be satisfied 12 within 60 days of the receipt of a request by a patient, for 13 his or her physician, authorized attorney, or own person. 14 Failure to comply with the time limit requirement of this 15 Section shall subject the denying party to expenses and 16 reasonable attorneys' fees incurred in connection with any 17 court ordered enforcement of the provisions of this Section. 18 (Source: P.A. 84-7.) 19 (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003) 20 (Text of Section WITHOUT the changes made by P.A. 89-7, 21 which has been held unconstitutional) 22 Sec. 8-2003.Physician'sRecords of physicians and other 23 health care practitioners. In this Section, "practitioner" 24 means any health care practitioner other than a physician, 25 clinical psychologist, or clinical social worker. 26 Every physician and practitioner shall, upon the request 27 of any patient who has been treated by such physician or 28 practitioner, permit such patient's physician, practitioner, 29 or authorized attorney to examine and copy the patient's 30 records, including but not limited to those relating to the 31 diagnosis, treatment, prognosis, history, charts, pictures 32 and plates, kept in connection with the treatment of such 33 patient. Such request for examining and copying of the HB3112 Engrossed -3- LRB9110856DHmb 1 records shall be in writing and shall be delivered to such 2 physician or practitioner. Such written request shall be 3 complied with by the physician or practitioner within a 4 reasonable time after receipt by him or her at his or her 5 office or any other place designated by him or her. The 6 physician or practitioner shall be reimbursed by the person 7 requesting such records at the time of suchexamination or8 copying, for all reasonable expenses, including the costs of 9 independent copy service companies, incurred by the physician 10 or practitioner in connection with suchexamination or11 copying not to exceed a $25 handling charge for processing 12 the request for copies, and 37 cents per page (except that 13 the charge shall not exceed $1 per page for any copies made 14 from microfiche or microfilm), and actual shipping costs. 15 These rates shall be automatically adjusted as set forth in 16 Section 8-2006. The physician or other practitioner may, 17 however, charge for the reasonable cost of all duplication of 18 record material or information that cannot routinely be 19 copied or duplicated on a standard commercial photocopy 20 machine such as x-ray films or pictures. 21 The requirements of this Section shall be satisfied 22 within 60 days of the receipt of a request by a patient or,23 his or her physician, practitioner, or authorized attorney. 24 Failure to comply with the time limit requirement of this 25 Section shall subject the denying party to expenses and 26 reasonable attorneys' fees incurred in connection with any 27 court ordered enforcement of the provisions of this Section. 28 (Source: P.A. 84-7.) 29 (735 ILCS 5/8-2004) (from Ch. 110, par. 8-2004) 30 (Text of Section WITHOUT the changes made by P.A. 89-7, 31 which has been held unconstitutional) 32 Sec. 8-2004. Records of clinical psychologists and 33 clinical social workers. Except where the clinical HB3112 Engrossed -4- LRB9110856DHmb 1 psychologist or clinical social worker consents, records of a 2 clinical psychologist or clinical social worker regulated in 3 this State, relating to psychological services or social work 4 services, shall not be examined or copied by a patient, 5 unless otherwise ordered by the court for good cause shown. 6 For the purpose of obtaining records, the patient or his or 7 her authorized agent may apply to the circuit court of the 8 county in which the patient resides or the county in which 9 the clinical psychologist or clinical social worker resides. 10 The clinical psychologist or clinical social worker shall be 11 reimbursed by the person requesting the records at the time 12 of theexamination orcopying, for all reasonable expenses, 13 including the costs of independent copy service companies, 14 incurred by the clinical psychologist or clinical social 15 worker in connection with theexamination orcopying, not to 16 exceed a $25 handling charge for processing the request for 17 copies, and 37 cents per page (except that the charge shall 18 not exceed $1 per page for any copies made from microfiche or 19 microfilm), and actual shipping costs. These rates shall be 20 automatically adjusted as set forth in Section 8-2006. The 21 clinical psychologist or clinical social worker may, however, 22 charge for the reasonable cost of all duplication of record 23 material or information that cannot routinely be copied or 24 duplicated or a standard commercial photocopy machine such as 25 pictures. 26 (Source: P.A. 87-530.) 27 (735 ILCS 5/8-2005 new) 28 Sec. 8-2005. Attorney's records. This Section applies 29 only if a client and his or her authorized attorney have 30 complied with all applicable legal requirements regarding 31 examination and copying of client files, including but not 32 limited to satisfaction of expenses and attorney retaining 33 liens. HB3112 Engrossed -5- LRB9110856DHmb 1 Upon the request of a client, an attorney shall permit 2 the client's authorized attorney to examine and copy the 3 records kept by the attorney in connection with the 4 representation of the client, with the exception of attorney 5 work product. The request for examination and copying of the 6 records shall be in writing and shall be delivered to the 7 attorney. Within a reasonable time after the attorney 8 receives the written request, the attorney shall comply with 9 the written request at his or her office or any other place 10 designated by him or her. At the time of copying, the person 11 requesting the records shall reimburse the attorney for all 12 reasonable expenses, including the costs of independent copy 13 service companies, incurred by the attorney in connection 14 with the copying not to exceed a $25 handling charge for 15 processing the request for copies, and 37 cents per page 16 (except that the charge shall not exceed $1 per page for any 17 copies made from microfiche or microfilm), and actual 18 shipping costs. These rates shall be automatically adjusted 19 as set forth in Section 8-2006. The attorney may, however, 20 charge for the reasonable cost of all duplication of record 21 material or information that cannot routinely be copied or 22 duplicated on a standard commercial photocopy machine such as 23 pictures. 24 An attorney shall satisfy the requirements of this 25 Section within 60 days after he or she receives a request 26 from a client or his or her authorized attorney. An attorney 27 who fails to comply with the time limit requirement of this 28 Section shall be required to pay expenses and reasonable 29 attorney's fees incurred in connection with any court-ordered 30 enforcement of the requirements of this Section. 31 (735 ILCS 5/8-2006 new) 32 Sec. 8-2006. Copying fees; adjustment for inflation. 33 Beginning in 2002, every January 20, the copying fee limits HB3112 Engrossed -6- LRB9110856DHmb 1 established in Sections 8-2001, 8-2003, 8-2004, and 8-2005 2 shall automatically be increased or decreased, as applicable, 3 by a percentage equal to the percentage change in the 4 consumer price index-u during the preceding 12-month calendar 5 year. "Consumer price index-u" means the index published by 6 the Bureau of Labor Statistics of the United States 7 Department of Labor that measures the average change in 8 prices of goods and services purchased by all urban 9 consumers, United States city average, all items, 1982-84 = 10 100. The new amount resulting from each annual adjustment 11 shall be determined by the Comptroller and made available to 12 the public on January 20 of every year. 13 Section 99. Effective date. This Act takes effect 30 14 days after becoming law.