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Full Text of HB4116  100th General Assembly

HB4116 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4116

 

Introduced , by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/8-2001  from Ch. 110, par. 8-2001

    Amends the Code of Civil Procedure. Provides that notwithstanding any other provision of law, a health care facility or health care practitioner shall provide a patient's records without charge if the records are being requested by the patient for use in supporting an application, claim, or appeal relating to a government benefit or program. Provides that if the health care facility or health care practitioner maintains records in electronic form, the health care facility or health care practitioner shall provide the copy to the patient in either electronic or paper form, as required by the government entity administering the benefit or program, or at the request of the patient. Effective immediately.


LRB100 15081 HEP 29924 b

 

 

A BILL FOR

 

HB4116LRB100 15081 HEP 29924 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 8-2001 as follows:
 
6    (735 ILCS 5/8-2001)  (from Ch. 110, par. 8-2001)
7    (Text of Section before amendment by P.A. 100-513)
8    Sec. 8-2001. Examination of health care records.
9    (a) In this Section:
10    "Health care facility" or "facility" means a public or
11private hospital, ambulatory surgical treatment center,
12nursing home, independent practice association, or physician
13hospital organization, or any other entity where health care
14services are provided to any person. The term does not include
15a health care practitioner.
16    "Health care practitioner" means any health care
17practitioner, including a physician, dentist, podiatric
18physician, advanced practice nurse, physician assistant,
19clinical psychologist, or clinical social worker. The term
20includes a medical office, health care clinic, health
21department, group practice, and any other organizational
22structure for a licensed professional to provide health care
23services. The term does not include a health care facility.

 

 

HB4116- 2 -LRB100 15081 HEP 29924 b

1    (b) Every private and public health care facility shall,
2upon the request of any patient who has been treated in such
3health care facility, or any person, entity, or organization
4presenting a valid authorization for the release of records
5signed by the patient or the patient's legally authorized
6representative, or as authorized by Section 8-2001.5, permit
7the patient, his or her health care practitioner, authorized
8attorney, or any person, entity, or organization presenting a
9valid authorization for the release of records signed by the
10patient or the patient's legally authorized representative to
11examine the health care facility patient care records,
12including but not limited to the history, bedside notes,
13charts, pictures and plates, kept in connection with the
14treatment of such patient, and permit copies of such records to
15be made by him or her or his or her health care practitioner or
16authorized attorney.
17    (c) Every health care practitioner shall, upon the request
18of any patient who has been treated by the health care
19practitioner, or any person, entity, or organization
20presenting a valid authorization for the release of records
21signed by the patient or the patient's legally authorized
22representative, permit the patient and the patient's health
23care practitioner or authorized attorney, or any person,
24entity, or organization presenting a valid authorization for
25the release of records signed by the patient or the patient's
26legally authorized representative, to examine and copy the

 

 

HB4116- 3 -LRB100 15081 HEP 29924 b

1patient's records, including but not limited to those relating
2to the diagnosis, treatment, prognosis, history, charts,
3pictures and plates, kept in connection with the treatment of
4such patient.
5    (d) A request for copies of the records shall be in writing
6and shall be delivered to the administrator or manager of such
7health care facility or to the health care practitioner. The
8person (including patients, health care practitioners and
9attorneys) requesting copies of records shall reimburse the
10facility or the health care practitioner at the time of such
11copying for all reasonable expenses, including the costs of
12independent copy service companies, incurred in connection
13with such copying not to exceed a $20 handling charge for
14processing the request and the actual postage or shipping
15charge, if any, plus: (1) for paper copies 75 cents per page
16for the first through 25th pages, 50 cents per page for the
1726th through 50th pages, and 25 cents per page for all pages in
18excess of 50 (except that the charge shall not exceed $1.25 per
19page for any copies made from microfiche or microfilm; records
20retrieved from scanning, digital imaging, electronic
21information or other digital format do not qualify as
22microfiche or microfilm retrieval for purposes of calculating
23charges); and (2) for electronic records, retrieved from a
24scanning, digital imaging, electronic information or other
25digital format in an electronic document, a charge of 50% of
26the per page charge for paper copies under subdivision (d)(1).

 

 

HB4116- 4 -LRB100 15081 HEP 29924 b

1This per page charge includes the cost of each CD Rom, DVD, or
2other storage media. Records already maintained in an
3electronic or digital format shall be provided in an electronic
4format when so requested. If the records system does not allow
5for the creation or transmission of an electronic or digital
6record, then the facility or practitioner shall inform the
7requester in writing of the reason the records can not be
8provided electronically. The written explanation may be
9included with the production of paper copies, if the requester
10chooses to order paper copies. These rates shall be
11automatically adjusted as set forth in Section 8-2006. The
12facility or health care practitioner may, however, charge for
13the reasonable cost of all duplication of record material or
14information that cannot routinely be copied or duplicated on a
15standard commercial photocopy machine such as x-ray films or
16pictures.
17    (d-5) The handling fee shall not be collected from the
18patient or the patient's personal representative who obtains
19copies of records under Section 8-2001.5.
20    (e) The requirements of this Section shall be satisfied
21within 30 days of the receipt of a written request by a patient
22or by his or her legally authorized representative, health care
23practitioner, authorized attorney, or any person, entity, or
24organization presenting a valid authorization for the release
25of records signed by the patient or the patient's legally
26authorized representative. If the facility or health care

 

 

HB4116- 5 -LRB100 15081 HEP 29924 b

1practitioner needs more time to comply with the request, then
2within 30 days after receiving the request, the facility or
3health care practitioner must provide the requesting party with
4a written statement of the reasons for the delay and the date
5by which the requested information will be provided. In any
6event, the facility or health care practitioner must provide
7the requested information no later than 60 days after receiving
8the request.
9    (f) A health care facility or health care practitioner must
10provide the public with at least 30 days prior notice of the
11closure of the facility or the health care practitioner's
12practice. The notice must include an explanation of how copies
13of the facility's records may be accessed by patients. The
14notice may be given by publication in a newspaper of general
15circulation in the area in which the health care facility or
16health care practitioner is located.
17    (g) Failure to comply with the time limit requirement of
18this Section shall subject the denying party to expenses and
19reasonable attorneys' fees incurred in connection with any
20court ordered enforcement of the provisions of this Section.
21    (h) Notwithstanding any other provision of law, a health
22care facility or health care practitioner shall provide a
23patient's records without charge if the records are being
24requested by the patient for use in supporting an application,
25claim, or appeal relating to a government benefit or program.
26If the health care facility or health care practitioner

 

 

HB4116- 6 -LRB100 15081 HEP 29924 b

1maintains records in electronic form, the health care facility
2or health care practitioner shall provide the copy to the
3patient in either electronic or paper form, as required by the
4government entity administering the benefit or program, or at
5the request of the patient.
6(Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12;
798-214, eff. 8-9-13; 98-756, eff. 7-16-14.)
 
8    (Text of Section after amendment by P.A. 100-513)
9    Sec. 8-2001. Examination of health care records.
10    (a) In this Section:
11    "Health care facility" or "facility" means a public or
12private hospital, ambulatory surgical treatment center,
13nursing home, independent practice association, or physician
14hospital organization, or any other entity where health care
15services are provided to any person. The term does not include
16a health care practitioner.
17    "Health care practitioner" means any health care
18practitioner, including a physician, dentist, podiatric
19physician, advanced practice registered nurse, physician
20assistant, clinical psychologist, or clinical social worker.
21The term includes a medical office, health care clinic, health
22department, group practice, and any other organizational
23structure for a licensed professional to provide health care
24services. The term does not include a health care facility.
25    (b) Every private and public health care facility shall,

 

 

HB4116- 7 -LRB100 15081 HEP 29924 b

1upon the request of any patient who has been treated in such
2health care facility, or any person, entity, or organization
3presenting a valid authorization for the release of records
4signed by the patient or the patient's legally authorized
5representative, or as authorized by Section 8-2001.5, permit
6the patient, his or her health care practitioner, authorized
7attorney, or any person, entity, or organization presenting a
8valid authorization for the release of records signed by the
9patient or the patient's legally authorized representative to
10examine the health care facility patient care records,
11including but not limited to the history, bedside notes,
12charts, pictures and plates, kept in connection with the
13treatment of such patient, and permit copies of such records to
14be made by him or her or his or her health care practitioner or
15authorized attorney.
16    (c) Every health care practitioner shall, upon the request
17of any patient who has been treated by the health care
18practitioner, or any person, entity, or organization
19presenting a valid authorization for the release of records
20signed by the patient or the patient's legally authorized
21representative, permit the patient and the patient's health
22care practitioner or authorized attorney, or any person,
23entity, or organization presenting a valid authorization for
24the release of records signed by the patient or the patient's
25legally authorized representative, to examine and copy the
26patient's records, including but not limited to those relating

 

 

HB4116- 8 -LRB100 15081 HEP 29924 b

1to the diagnosis, treatment, prognosis, history, charts,
2pictures and plates, kept in connection with the treatment of
3such patient.
4    (d) A request for copies of the records shall be in writing
5and shall be delivered to the administrator or manager of such
6health care facility or to the health care practitioner. The
7person (including patients, health care practitioners and
8attorneys) requesting copies of records shall reimburse the
9facility or the health care practitioner at the time of such
10copying for all reasonable expenses, including the costs of
11independent copy service companies, incurred in connection
12with such copying not to exceed a $20 handling charge for
13processing the request and the actual postage or shipping
14charge, if any, plus: (1) for paper copies 75 cents per page
15for the first through 25th pages, 50 cents per page for the
1626th through 50th pages, and 25 cents per page for all pages in
17excess of 50 (except that the charge shall not exceed $1.25 per
18page for any copies made from microfiche or microfilm; records
19retrieved from scanning, digital imaging, electronic
20information or other digital format do not qualify as
21microfiche or microfilm retrieval for purposes of calculating
22charges); and (2) for electronic records, retrieved from a
23scanning, digital imaging, electronic information or other
24digital format in an electronic document, a charge of 50% of
25the per page charge for paper copies under subdivision (d)(1).
26This per page charge includes the cost of each CD Rom, DVD, or

 

 

HB4116- 9 -LRB100 15081 HEP 29924 b

1other storage media. Records already maintained in an
2electronic or digital format shall be provided in an electronic
3format when so requested. If the records system does not allow
4for the creation or transmission of an electronic or digital
5record, then the facility or practitioner shall inform the
6requester in writing of the reason the records can not be
7provided electronically. The written explanation may be
8included with the production of paper copies, if the requester
9chooses to order paper copies. These rates shall be
10automatically adjusted as set forth in Section 8-2006. The
11facility or health care practitioner may, however, charge for
12the reasonable cost of all duplication of record material or
13information that cannot routinely be copied or duplicated on a
14standard commercial photocopy machine such as x-ray films or
15pictures.
16    (d-5) The handling fee shall not be collected from the
17patient or the patient's personal representative who obtains
18copies of records under Section 8-2001.5.
19    (e) The requirements of this Section shall be satisfied
20within 30 days of the receipt of a written request by a patient
21or by his or her legally authorized representative, health care
22practitioner, authorized attorney, or any person, entity, or
23organization presenting a valid authorization for the release
24of records signed by the patient or the patient's legally
25authorized representative. If the facility or health care
26practitioner needs more time to comply with the request, then

 

 

HB4116- 10 -LRB100 15081 HEP 29924 b

1within 30 days after receiving the request, the facility or
2health care practitioner must provide the requesting party with
3a written statement of the reasons for the delay and the date
4by which the requested information will be provided. In any
5event, the facility or health care practitioner must provide
6the requested information no later than 60 days after receiving
7the request.
8    (f) A health care facility or health care practitioner must
9provide the public with at least 30 days prior notice of the
10closure of the facility or the health care practitioner's
11practice. The notice must include an explanation of how copies
12of the facility's records may be accessed by patients. The
13notice may be given by publication in a newspaper of general
14circulation in the area in which the health care facility or
15health care practitioner is located.
16    (g) Failure to comply with the time limit requirement of
17this Section shall subject the denying party to expenses and
18reasonable attorneys' fees incurred in connection with any
19court ordered enforcement of the provisions of this Section.
20    (h) Notwithstanding any other provision of law, a health
21care facility or health care practitioner shall provide a
22patient's records without charge if the records are being
23requested by the patient for use in supporting an application,
24claim, or appeal relating to a government benefit or program.
25If the health care facility or health care practitioner
26maintains records in electronic form, the health care facility

 

 

HB4116- 11 -LRB100 15081 HEP 29924 b

1or health care practitioner shall provide the copy to the
2patient in either electronic or paper form, as required by the
3government entity administering the benefit or program, or at
4the request of the patient.
5(Source: P.A. 100-513, eff. 1-1-18.)
 
6    Section 95. No acceleration or delay. Where this Act makes
7changes in a statute that is represented in this Act by text
8that is not yet or no longer in effect (for example, a Section
9represented by multiple versions), the use of that text does
10not accelerate or delay the taking effect of (i) the changes
11made by this Act or (ii) provisions derived from any other
12Public Act.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.