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91_SB0480sam001
LRB9105760WHdvam01
1 AMENDMENT TO SENATE BILL 480
2 AMENDMENT NO. . Amend Senate Bill 480 by replacing
3 the title with the following:
4 "AN ACT to amend the Code of Civil Procedure by changing
5 Sections 8-2001 and 8-2003, changing the heading of Part 20
6 of Article VIII, and adding Section 8-2005."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Code of Civil Procedure is amended by
10 changing Sections 8-2001 and 8-2003, changing the heading of
11 Part 20 of Article VIII, and adding Section 8-2005 as
12 follows:
13 (735 ILCS 5/Art. 8, Part 20 heading)
14 Part 20. Inspection of Hospital Records
15 (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
16 (Text of Section WITHOUT the changes made by P.A. 89-7,
17 which has been held unconstitutional)
18 Sec. 8-2001. Examination of records. Every private and
19 public hospital shall, upon the request of any patient who
20 has been treated in such hospital and after his or her
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1 discharge therefrom, permit the patient, his or her physician
2 or authorized attorney to examine the hospital records,
3 including but not limited to the history, bedside notes,
4 charts, pictures and plates, kept in connection with the
5 treatment of such patient, and permit copies of such records
6 to be made by him or her or his or her physician or
7 authorized attorney. A request for examination of the records
8 shall be in writing and shall be delivered to the
9 administrator of such hospital. The hospital shall be
10 reimbursed by the person requesting such records at the time
11 of such copying for all reasonable expenses, including the
12 costs of independent copy service companies, incurred by the
13 hospital in connection with such copying not to exceed a $20
14 handling charge for processing the request for copies and 25
15 cents per page and 50 cents per copy of microfiche or
16 microfilm. The handling charge shall include the first 10
17 pages or copies. The hospital may, however, charge for the
18 reasonable cost of all duplication of record material or
19 information that cannot routinely be copied or duplicated on
20 a standard photocopy machine such as x-ray films or pictures.
21
22 The requirements of this Section shall be satisfied
23 within 60 days of the receipt of a request by a patient, for
24 his or her physician, authorized attorney, or own person.
25 Failure to comply with the time limit requirement of this
26 Section shall subject the denying party to expenses and
27 reasonable attorneys' fees incurred in connection with any
28 court ordered enforcement of the provisions of this Section.
29 (Source: P.A. 84-7.)
30 (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
31 (Text of Section WITHOUT the changes made by P.A. 89-7,
32 which has been held unconstitutional)
33 Sec. 8-2003. Physician's Records. Every physician shall,
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1 upon the request of any patient who has been treated by such
2 physician, permit such patient's physician or authorized
3 attorney to examine and copy the patient's records, including
4 but not limited to those relating to the diagnosis,
5 treatment, prognosis, history, charts, pictures and plates,
6 kept in connection with the treatment of such patient. Such
7 request for examining and copying of the records shall be in
8 writing and shall be delivered to such physician. Such
9 written request shall be complied with by the physician
10 within a reasonable time after receipt by him or her at his
11 or her office or any other place designated by him or her.
12 The physician shall be reimbursed by the person requesting
13 such records at the time of such examination or copying, for
14 all reasonable expenses, including the costs of independent
15 copy service companies, incurred by the physician in
16 connection with such examination or copying not to exceed a
17 $20 handling charge for processing the request for copies and
18 25 cents per page and 50 cents per copy of microfiche or
19 microfilm. The handling charge shall include the first 10
20 pages or copies. The physician may, however, charge for the
21 reasonable cost of all duplication of record material or
22 information that cannot routinely be copied or duplicated on
23 a standard photocopy machine such as x-ray films or pictures.
24
25 The requirements of this Section shall be satisfied
26 within 60 days of the receipt of a request by a patient, his
27 or her physician or authorized attorney.
28 Failure to comply with the time limit requirement of this
29 Section shall subject the denying party to expenses and
30 reasonable attorneys' fees incurred in connection with any
31 court ordered enforcement of the provisions of this Section.
32 (Source: P.A. 84-7.)
33 (735 ILCS 5/8-2005 new)
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1 Sec. 8-2005. Attorney's records. Upon the request of a
2 client, an attorney shall make his or her records kept in
3 connection with the attorney's services to the client
4 available to the client's authorized attorney for examination
5 and copying. 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 he or she receives
8 the written request, the attorney shall comply with the
9 written request at his or her office or any other place
10 designated by him or her. The attorney shall be reimbursed
11 by the person requesting the records, at the time of copying,
12 for all reasonable expenses, including the costs of
13 independent copy service companies, incurred by the attorney
14 in connection with the copying not to exceed a $20 handling
15 charge for processing the request for copies and 25 cents per
16 page and 50 cents per copy of microfiche or microfilm. The
17 handling charge shall include the first 10 pages or copies.
18 The attorney may, however, charge for the reasonable cost of
19 all duplication of record material or information that cannot
20 routinely be copied or duplicated on a standard photocopy
21 machine.
22 The requirements of this Section shall be satisfied
23 within 60 days of the receipt of a request from a client or a
24 client's authorized attorney.
25 Failure to comply with the time limit requirement of this
26 Section shall subject the denying party to expenses and
27 reasonable attorney's fees incurred in connection with any
28 court ordered enforcement of the provisions of this
29 Section.".