Illinois General Assembly

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 Bill Status of SB1694  97th General Assembly


Short Description:  CIV PRO-DECEASED-MED RECORDS

Senate Sponsors
Sen. A. J. Wilhelmi

House Sponsors
(Rep. Dan Brady - Elaine Nekritz - André M. Thapedi and Michael G. Connelly)

Last Action
DateChamber Action
  11/23/2011SenatePublic Act . . . . . . . . . 97-0623

Statutes Amended In Order of Appearance
735 ILCS 5/8-802from Ch. 110, par. 8-802
735 ILCS 5/8-2001from Ch. 110, par. 8-2001
735 ILCS 5/8-2001.5 new
755 ILCS 45/4-3from Ch. 110 1/2, par. 804-3


Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that, if there is no legally authorized personal representative for a deceased patient, the deceased had not appointed an agent under a power of attorney for health care who was authorized to act for the deceased after death, and the deceased had not specifically objected to disclosure in writing, a spouse, adult child, parent, or sibling of the deceased may request copies of the deceased patient's records and health care facilities and practitioners are authorized to provide a copy of those records upon payment of the statutory fee and a signed Authorized Relative Certification attesting to the fact that the person is authorized to receive the records. Sets forth the contents of the Authorized Relative Certification, provides for immunity, and amends other statutes to conform to the new provisions. Amends the Illinois Power of Attorney Act. Adds the function of accessing medical records to the existing instances when a health care agency may extend beyond the principal's death which now are to allow for an anatomical gift, an autopsy, or the disposition of remains.

Senate Committee Amendment No. 1
Further amends the Code of Civil Procedure. Adds a cross-reference to another part of the Code that describes 12 different circumstances under which a physician's records may be released to someone other than the patient. Provides that an adult relative of the deceased may request the deceased relative's health care records (instead of waiting for 30 days before being able to do so), if there is no executor or administrator of the person's estate, no surviving spouse, and no agent authorized under a power of attorney for health care.

Senate Floor Amendment No. 2
Replaces everything after the enacting clause with provisions that are substantially the same as the bill, as amended. Effective October 1, 2011.

Actions 
DateChamber Action
  2/9/2011SenateFiled with Secretary by Sen. A. J. Wilhelmi
  2/9/2011SenateFirst Reading
  2/9/2011SenateReferred to Assignments
  2/23/2011SenateAssigned to Judiciary
  3/1/2011SenatePostponed - Judiciary
  3/7/2011SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. A. J. Wilhelmi
  3/7/2011SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/9/2011SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/10/2011SenateSenate Committee Amendment No. 1 Adopted
  3/10/2011SenateDo Pass as Amended Judiciary; 007-000-000
  3/10/2011SenatePlaced on Calendar Order of 2nd Reading March 14, 2011
  3/15/2011SenateSecond Reading
  3/15/2011SenatePlaced on Calendar Order of 3rd Reading March 16, 2011
  3/30/2011SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. A. J. Wilhelmi
  3/30/2011SenateSenate Floor Amendment No. 2 Referred to Assignments
  3/31/2011SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  4/6/2011SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 010-000-000
  4/14/2011SenateRecalled to Second Reading
  4/14/2011SenateSenate Floor Amendment No. 2 Adopted; Wilhelmi
  4/14/2011SenatePlaced on Calendar Order of 3rd Reading
  4/14/2011SenateThird Reading - Passed; 058-000-000
  4/14/2011HouseArrived in House
  4/14/2011HousePlaced on Calendar Order of First Reading
  4/14/2011HouseChief House Sponsor Rep. Dan Brady
  4/14/2011HouseFirst Reading
  4/14/2011HouseReferred to Rules Committee
  4/21/2011HouseAssigned to Executive Committee
  5/13/2011HouseCommittee Deadline Extended-Rule 9(b) May 20, 2011
  5/20/2011HouseFinal Action Deadline Extended-9(b) May 27, 2011
  5/27/2011HouseFinal Action Deadline Extended-9(b) May 31, 2011
  5/31/2011HouseRule 19(a) / Re-referred to Rules Committee
  10/6/2011HouseFinal Action Deadline Extended-9(b) November 10, 2011
  10/6/2011HouseAssigned to Judiciary I - Civil Law Committee
  10/12/2011HouseAdded Alternate Chief Co-Sponsor Rep. Elaine Nekritz
  10/17/2011HouseAdded Alternate Chief Co-Sponsor Rep. André M. Thapedi
  10/25/2011HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 009-000-000
  10/25/2011HousePlaced on Calendar 2nd Reading - Short Debate
  10/25/2011HouseSecond Reading - Short Debate
  10/25/2011HouseHeld on Calendar Order of Second Reading - Short Debate
  10/26/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  10/26/2011House3/5 Vote Required
  10/26/2011HouseThird Reading - Short Debate - Passed 115-000-000
  10/26/2011HouseAdded Alternate Co-Sponsor Rep. Michael G. Connelly
  10/26/2011SenatePassed Both Houses
  11/3/2011SenateSent to the Governor
  11/23/2011SenateGovernor Approved
  11/23/2011SenateEffective Date November 23, 2011
  11/23/2011SenatePublic Act . . . . . . . . . 97-0623

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