093_HB2640

 
                                     LRB093 06840 LCB 06986 b

 1        AN ACT concerning medical records.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Hospital  Licensing  Act is amended by
 5    adding Section 6.14e as follows:

 6        (210 ILCS 85/6.14e new)
 7        Sec. 6.14e.  Inspection of  records.   Upon  the  written
 8    request  of  a  hospitalized patient, the hospital shall make
 9    available for review to the patient or his or her  designees,
10    on a daily basis, all hospital records concerning the patient
11    including,  but  not  limited to, the history, bedside notes,
12    charts, and pictures and plates.

13        Section 10.  The Code of Civil Procedure  is  amended  by
14    changing Section 8-2001 as follows:

15        (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
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 copies of the records
26    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
 
                            -2-      LRB093 06840 LCB 06986 b
 1    the costs of independent copy service companies, incurred  by
 2    the  hospital in connection with such copying not to exceed a
 3    $20 handling charge for processing the  request  for  copies,
 4    and  75  cents  per page for the first through 25th pages, 50
 5    cents per page for the 26th through 50th pages, and 25  cents
 6    per  page  for  all  pages  in  excess of 50 (except that the
 7    charge shall not exceed $1.25 per page for  any  copies  made
 8    from  microfiche  or  microfilm),  and actual shipping costs.
 9    These rates shall be automatically adjusted as set  forth  in
10    Section  8-2006.    The hospital may, however, charge for the
11    reasonable cost of all  duplication  of  record  material  or
12    information  that cannot routinely be copied or duplicated on
13    a standard commercial photocopy machine such as  x-ray  films
14    or pictures.
15        Every  private  and  public hospital, upon the request of
16    any patient who is hospitalized  in  the  private  or  public
17    hospital,  shall  make available for review to the patient or
18    his or her designee, on a daily basis, all  hospital  records
19    concerning  the  patient  including,  but not limited to, the
20    history, bedside notes, charts, and pictures and  plates.   A
21    request for the records shall be made in writing.
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; 92-228, eff. 9-1-01.)

30        Section  99.  Effective date.  This Act takes effect upon
31    becoming law.