State of Illinois
91st General Assembly
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91_SB0480eng

 
SB480 Engrossed                                LRB9105760WHdv

 1        AN  ACT  to amend the Code of Civil Procedure by changing
 2    Sections 8-2001 and 8-2003, changing the heading of  Part  20
 3    of Article VIII, and adding Section 8-2005.

 4        Be  it  enacted  by  the People of the State of Illinois,
 5    represented in the General Assembly:

 6        Section 5.  The Code of Civil  Procedure  is  amended  by
 7    changing  Sections 8-2001 and 8-2003, changing the heading of
 8    Part 20  of  Article  VIII,  and  adding  Section  8-2005  as
 9    follows:

10        (735 ILCS 5/Art. 8, Part 20 heading)
11               Part 20. Inspection of Hospital Records

12        (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
13        (Text  of  Section WITHOUT the changes made by P.A. 89-7,
14    which has been held unconstitutional)
15        Sec. 8-2001.  Examination of records. Every  private  and
16    public  hospital  shall,  upon the request of any patient who
17    has been treated in  such  hospital  and  after  his  or  her
18    discharge therefrom, permit the patient, his or her physician
19    or  authorized  attorney  to  examine  the  hospital records,
20    including but not limited  to  the  history,  bedside  notes,
21    charts,  pictures  and  plates,  kept  in connection with the
22    treatment of such patient, and permit copies of such  records
23    to  be  made  by  him  or  her  or  his  or  her physician or
24    authorized attorney. A request for examination of the records
25    shall  be  in  writing  and  shall  be   delivered   to   the
26    administrator   of  such  hospital.  The  hospital  shall  be
27    reimbursed by the person requesting such records at the  time
28    of  such  copying  for all reasonable expenses, including the
29    costs of independent copy service companies, incurred by  the
30    hospital  in connection with such copying not to exceed a $20
 
SB480 Engrossed             -2-                LRB9105760WHdv
 1    handling charge for processing the request for copies and  25
 2    cents  per  page  and   50  cents  per  copy of microfiche or
 3    microfilm.  The handling charge shall include  the  first  10
 4    pages  or  copies.  The hospital may, however, charge for the
 5    reasonable cost of all  duplication  of  record  material  or
 6    information  that cannot routinely be copied or duplicated on
 7    a standard photocopy machine such as x-ray films or pictures.
 8    
 9        The requirements  of  this  Section  shall  be  satisfied
10    within  60 days of the receipt of a request by a patient, for
11    his or her physician, authorized attorney, or own person.
12        Failure to comply with the time limit requirement of this
13    Section shall subject  the  denying  party  to  expenses  and
14    reasonable  attorneys'  fees  incurred in connection with any
15    court ordered enforcement of the provisions of this Section.
16    (Source: P.A. 84-7.)

17        (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
18        (Text of Section WITHOUT the changes made by  P.A.  89-7,
19    which has been held unconstitutional)
20        Sec.  8-2003. Physician's Records. Every physician shall,
21    upon the request of any patient who has been treated by  such
22    physician,  permit  such  patient's  physician  or authorized
23    attorney to examine and copy the patient's records, including
24    but  not  limited  to  those  relating  to   the   diagnosis,
25    treatment,  prognosis,  history, charts, pictures and plates,
26    kept in connection with the treatment of such patient.   Such
27    request  for examining and copying of the records shall be in
28    writing and shall  be  delivered  to  such  physician.   Such
29    written  request  shall  be  complied  with  by the physician
30    within a reasonable time after receipt by him or her  at  his
31    or  her  office  or any other place designated by him or her.
32    The physician shall be reimbursed by  the  person  requesting
33    such  records at the time of such examination or copying, for
 
SB480 Engrossed             -3-                LRB9105760WHdv
 1    all reasonable expenses, including the costs  of  independent
 2    copy   service   companies,  incurred  by  the  physician  in
 3    connection with such examination or copying not to  exceed  a
 4    $20 handling charge for processing the request for copies and
 5    25  cents  per  page  and  50 cents per copy of microfiche or
 6    microfilm. The handling charge shall  include  the  first  10
 7    pages  or  copies. The physician may, however, charge for the
 8    reasonable cost of all  duplication  of  record  material  or
 9    information  that cannot routinely be copied or duplicated on
10    a standard photocopy machine such as x-ray films or pictures.
11    
12        The requirements  of  this  Section  shall  be  satisfied
13    within  60 days of the receipt of a request by a patient, his
14    or her physician or authorized attorney.
15        Failure to comply with the time limit requirement of this
16    Section shall subject  the  denying  party  to  expenses  and
17    reasonable  attorneys'  fees  incurred in connection with any
18    court ordered enforcement of the provisions of this Section.
19    (Source: P.A. 84-7.)

20        (735 ILCS 5/8-2005 new)
21        Sec. 8-2005.  Attorney's records.  Upon the request of  a
22    client,  an  attorney  shall  make his or her records kept in
23    connection  with  the  attorney's  services  to  the   client
24    available to the client's authorized attorney for examination
25    and  copying.  The request for examination and copying of the
26    records shall be in writing and shall  be  delivered  to  the
27    attorney.  Within  a reasonable time after he or she receives
28    the written request,  the  attorney  shall  comply  with  the
29    written  request  at  his  or  her  office or any other place
30    designated by him or her.  The attorney shall  be  reimbursed
31    by the person requesting the records, at the time of copying,
32    for   all   reasonable   expenses,  including  the  costs  of
33    independent copy service companies, incurred by the  attorney
 
SB480 Engrossed             -4-                LRB9105760WHdv
 1    in  connection  with the copying not to exceed a $20 handling
 2    charge for processing the request for copies and 25 cents per
 3    page and 50 cents per copy of microfiche or  microfilm.   The
 4    handling  charge  shall include the first 10 pages or copies.
 5    The attorney may, however, charge for the reasonable cost  of
 6    all duplication of record material or information that cannot
 7    routinely  be  copied  or  duplicated on a standard photocopy
 8    machine.
 9        The requirements  of  this  Section  shall  be  satisfied
10    within 60 days of the receipt of a request from a client or a
11    client's authorized attorney.
12        Failure to comply with the time limit requirement of this
13    Section  shall  subject  the  denying  party  to expenses and
14    reasonable attorney's fees incurred in  connection  with  any
15    court ordered enforcement of the provisions of this Section.

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