Illinois Compiled Statutes
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735 ILCS 5/8-2001
(735 ILCS 5/8-2001)
(from Ch. 110, par. 8-2001)
Examination of health care records.
(a) In this Section:
"Health care facility" or "facility" means a public or
private hospital, ambulatory surgical treatment center, nursing home,
independent practice association, or physician hospital organization, or any
other entity where health care services are provided to any person. The term
does not include a health care practitioner.
"Health care practitioner" means any health care practitioner, including a physician, dentist, podiatric physician, advanced practice registered nurse, physician assistant, clinical psychologist, or clinical social worker. The term includes a medical office, health care clinic, health department, group practice, and any other organizational structure for a licensed professional to provide health care services. The term does not include a health care facility.
(b) Every private and public health care facility shall, upon the request of any
patient who has been treated in such health care facility, or any person, entity, or organization presenting a valid authorization for the release of records signed by the patient or the patient's legally authorized representative, or as authorized by Section 8-2001.5, permit the patient,
his or her health care practitioner,
authorized attorney, or any person, entity, or organization presenting a valid authorization for the release of records signed by the patient or the patient's legally authorized representative to examine the health care facility
patient care records,
including but not limited to the history, bedside notes, charts, pictures
and plates, kept in connection with the treatment of such patient, and
permit copies of such records to be made by him or her or his or her
health care practitioner or authorized attorney.
(c) Every health care practitioner shall, upon the request of any patient who has been treated by the health care practitioner, or any person, entity, or organization presenting a valid authorization for the release of records signed by the patient or the patient's legally authorized representative, permit the patient and the patient's health care practitioner or authorized attorney, or any person, entity, or organization presenting a valid authorization for the release of records signed by the patient or the patient's legally authorized representative, to examine and copy the patient's records, including but not limited to those relating to the diagnosis, treatment, prognosis, history, charts, pictures and plates, kept in connection with the treatment of such patient.
(d) A request for copies of the records shall
be in writing and shall be delivered to the administrator or manager of
such health care facility or to the health care practitioner. The
person (including patients, health care practitioners and attorneys)
requesting copies of records shall reimburse the facility or the health care practitioner at the time of such copying for all
reasonable expenses, including the costs of independent copy service companies,
incurred in connection with such copying not to
exceed a $20 handling charge for processing the
request and the actual postage or shipping charge, if any, plus: (1) for paper copies
75 cents per page for the first through 25th pages, 50
cents per page for the 26th through 50th pages, and 25 cents per page for all
pages in excess of 50 (except that the charge shall not exceed $1.25 per page
for any copies made from microfiche or microfilm; records retrieved from scanning, digital imaging, electronic information or other digital format do not qualify as microfiche or microfilm retrieval for purposes of calculating charges); and (2) for electronic records, retrieved from a scanning, digital imaging, electronic information or other digital format in an electronic document, a charge of 50% of the per page charge for paper copies under subdivision (d)(1). This per page charge includes the cost of each CD Rom, DVD, or other storage media. Records already maintained in an electronic or digital format shall be provided in an electronic format when so requested.
If the records system does not allow for the creation or transmission of an electronic or digital record, then the facility or practitioner shall inform the requester in writing of the reason the records can not be provided electronically. The written explanation may be included with the production of paper copies, if the requester chooses to order paper copies. These rates shall be automatically adjusted as set forth in Section 8-2006.
The facility or health care practitioner may, however, charge for the
reasonable cost of all duplication of
record material or information that cannot routinely be copied or duplicated on
a standard commercial photocopy machine such as x-ray films or pictures.
(d-5) The handling fee shall not be collected from the patient or the patient's personal representative who obtains copies of records under Section 8-2001.5.
(e) The requirements of this Section shall be satisfied within 30 days of the
receipt of a written request by a patient or by his or her legally authorized
representative, health care practitioner,
authorized attorney, or any person, entity, or organization presenting a valid authorization for the release of records signed by the patient or the patient's legally authorized representative. If the facility
or health care practitioner needs more time to comply with the request, then within 30 days after receiving
the request, the facility or health care practitioner must provide the requesting party with a written
statement of the reasons for the delay and the date by which the requested
information will be provided. In any event, the facility or health care practitioner must provide the
requested information no later than 60 days after receiving the request.
(f) A health care facility or health care practitioner must provide the public with at least 30 days prior
notice of the closure of the facility or the health care practitioner's practice. The notice must include an explanation
of how copies of the facility's records may be accessed by patients. The
notice may be given by publication in a newspaper of general circulation in the
area in which the health care facility or health care practitioner is located.
(g) Failure to comply with the time limit requirement of this Section shall
subject the denying party to expenses and reasonable attorneys' fees
incurred in connection with any court ordered enforcement of the provisions
of this Section.
(Source: P.A. 100-513, eff. 1-1-18