Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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CIVIL PROCEDURE735 ILCS 5/Art. VIII Pt. 19
(735 ILCS 5/) Code of Civil Procedure.
(735 ILCS 5/Art. VIII Pt. 19 heading)
Admission of Liability
735 ILCS 5/8-1901
(735 ILCS 5/8-1901)
(from Ch. 110, par. 8-1901)
Admission of liability - Effect.
The providing of, or payment
for, medical, surgical,
hospital, or rehabilitation services, facilities, or equipment by or on
behalf of any person, or the offer to provide, or pay for, any one or
more of the foregoing, shall not be construed as an admission of any
liability by such person or persons. Testimony, writings, records,
reports or information with respect to the foregoing shall not be
admissible in evidence as an admission of any liability in any action of
any kind in any court or before any commission, administrative agency,
or other tribunal in this State, except at the instance of the person or
persons so making any such provision, payment or offer.
(Source: P.A. 97-1145, eff. 1-18-13.)
735 ILCS 5/Art. VIII Pt. 20
(735 ILCS 5/Art. VIII Pt. 20 heading)
Inspection of Records
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 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. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12; 98-214, eff. 8-9-13; 98-756, eff. 7-16-14.)
735 ILCS 5/8-2001.5
(735 ILCS 5/8-2001.5)
Authorization for release of a deceased patient's records.
(a) In addition to disclosure allowed under Section 8-802, a deceased person's health care records must be released upon written request of the executor or administrator of the deceased person's estate or to an agent appointed by the deceased under a power of attorney for health care. When no executor, administrator, or agent exists, and the person did not specifically object to disclosure of his or her records in writing, then a deceased person's health care records must be released upon the written request of a person, who is considered to be a personal representative of the patient for the purpose of the release of a deceased patient's health care records, in one of these categories:
(1) the deceased person's surviving spouse; or
(2) if there is no surviving spouse, any one or more
of the following: (i) an adult son or daughter of the deceased, (ii) a parent of the deceased, or (iii) an adult brother or sister of the deceased.
(b) Health care facilities and practitioners are authorized to provide a copy of a deceased patient's records based upon a person's payment of the statutory fee and signed "Authorized Relative Certification", attesting to the fact that the person is authorized to receive such records under this Section.
(c) Any person who, in good faith, relies on a copy of an Authorized Relative Certification shall have the same immunities from criminal and civil liability as those who rely on a power of attorney for health care as provided by Illinois law.
(d) Upon request for records of a deceased patient, the named authorized relative shall provide the facility or practitioner with a certified copy of the death certificate and a certification in substantially the following form:
AUTHORIZED RELATIVE CERTIFICATION
I, (insert name of authorized relative), certify that I am an authorized relative of the deceased (insert name of deceased). (A certified copy of the death certificate must be attached.)
I certify that to the best of my knowledge and belief that no executor or administrator has been appointed for the deceased's estate, that no agent was authorized to act for the deceased under a power of attorney for health care, and the deceased has not specifically objected to disclosure in writing.
I certify that I am the surviving spouse of the deceased; or
I certify that there is no surviving spouse and my relationship to the deceased is (circle one):
(1) An adult son or daughter of the deceased.
(2) Either parent of the deceased.
(3) An adult brother or sister of the deceased.
I certify that I am seeking the records as a personal representative who is acting in a representative capacity and who is authorized to seek these records under Section 8-2001.5 of the Code of Civil Procedure.
This certification is made under penalty of perjury.*
Dated: (insert date)
(Print Authorized Relative's Name)
(Authorized Relative's Signature)
(Authorized Relative's Address)
*(Note: Perjury is defined in Section 32-2 of the Criminal Code of 2012, and is a Class 3 felony.)
(Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12; 97-1150, eff. 1-25-13.)
735 ILCS 5/8-2002
(735 ILCS 5/8-2002)
(from Ch. 110, par. 8-2002)
(a) Part 20 of Article VIII of this
Act does not apply to the records of patients,
inmates, or persons being examined, observed or treated in any
institution, division, program or service now existing, or hereafter
acquired or created under the jurisdiction of the Department of Human
Services as successor to the Department of Mental Health and Developmental
Disabilities and the Department of
Alcoholism and Substance Abuse, or over which, in that capacity, the
Department of Human Services exercises
executive or administrative supervision.
(b) In the event of a conflict between the application of Part 20 of
Article VIII of this Act
and the Mental Health and Developmental Disabilities Confidentiality Act
or subsection (bb) of Section 30-5 of the
Alcoholism and Other Drug Abuse and Dependency Act
to a specific situation, the provisions of the Mental Health and
Developmental Disabilities Confidentiality Act or subsection (bb) of
of the Alcoholism and Other Drug Abuse and Dependency Act
The provisions of federal law concerning the confidentiality of
alcohol and drug abuse patient records, as contained in Title 21 of the
United States Code, Section 1175; Title 42 of the United States Code,
Section 4582; 42 CFR Part 2; and any other regulations promulgated pursuant
thereto, all as now or hereafter amended, shall supersede all other laws
and regulations concerning such confidentiality, except where any such
otherwise applicable laws or regulations are more stringent, in which case
the most stringent shall apply.
(Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)