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91_SB0541
LRB9104979ACtm
1 AN ACT to amend the Hospital Licensing Act by changing
2 Section 6.17.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Hospital Licensing Act is amended by
6 changing Section 6.17 as follows:
7 (210 ILCS 85/6.17)
8 Sec. 6.17. Protection of and confidential access to
9 medical records and information.
10 (a) Every hospital licensed under this Act shall develop
11 a medical record for each of its patients as required by the
12 Department by rule.
13 (b) All information regarding a hospital patient
14 gathered by the hospital's medical staff and its agents and
15 employees shall be the property and responsibility of the
16 hospital and must be protected from inappropriate disclosure
17 as provided in this Section.
18 (c) Every hospital shall preserve its medical records in
19 a format and for a duration established by hospital policy
20 and for not less than 10 years, provided that if the hospital
21 has been notified in writing by an attorney before the
22 expiration of the 10 year retention period that there is
23 litigation pending in court involving the record of a
24 particular patient as possible evidence and that the patient
25 is his client or is the person who has instituted such
26 litigation against his client, then the hospital shall retain
27 the record of that patient until notified in writing by the
28 plaintiff's attorney, with the approval of the defendant's
29 attorney of record, that the case in court involving such
30 record has been concluded or for a period of 12 years from
31 the date that the record was produced, whichever occurs first
-2- LRB9104979ACtm
1 in time.
2 (d) No member of a hospital's medical staff and no agent
3 or employee of a hospital shall disclose the nature or
4 details of services provided to patients, except that the
5 information may be disclosed to the patient, persons
6 authorized in writing by the patient, the party making
7 treatment decisions, if the patient is incapable of making
8 decisions regarding the health services provided, those
9 parties directly involved with providing treatment to the
10 patient or processing the payment for that treatment, those
11 parties responsible for peer review, utilization review,
12 quality assurance, risk management or defense of claims
13 brought against the hospital arising out of the care, and
14 those parties required to be notified under the Abused and
15 Neglected Child Reporting Act, the Illinois Sexually
16 Transmissible Disease Control Act, or where otherwise
17 authorized or required by law.
18 (e) The hospital's medical staff members and the
19 hospital's agents and employees may communicate, at any time
20 and in any fashion, with legal counsel for the hospital
21 concerning the patient medical record privacy and retention
22 requirements of this Section and any care or treatment they
23 provided or assisted in providing to any patient within the
24 scope of their employment or affiliation with the hospital.
25 (f) (a) Each hospital licensed under this Act shall
26 provide its federally designated organ procurement agency and
27 any tissue bank with which it has an agreement with access to
28 the medical records of deceased patients for the following
29 purposes:
30 (1) estimating the hospital's organ and tissue
31 donation potential;
32 (2) identifying the educational needs of the
33 hospital with respect to organ and tissue donation; and
34 (3) identifying the number of organ and tissue
-3- LRB9104979ACtm
1 donations and referrals to potential organ and tissue
2 donors.
3 (g) (b) All hospital and patient information,
4 interviews, reports, statements, memoranda, and other data
5 obtained or created by a tissue bank or federally designated
6 organ procurement agency from the medical records review
7 described in subsection (d) (a) shall be privileged, strictly
8 confidential, and used only for the purposes put forth in
9 subsection (d) (a) of this Section and shall not be
10 admissible as evidence nor discoverable in an action of any
11 kind in court or before a tribunal, board, agency, or person.
12 (h) (c) Any person who, in good faith, acts in
13 accordance with the terms of this Section shall not be
14 subject to any type of civil or criminal liability or
15 discipline for unprofessional conduct for those actions.
16 (Source: P.A. 89-393, eff. 8-20-95.)