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91_SB0480ham002
LRB9105760WHdvam08
1 AMENDMENT TO SENATE BILL 480
2 AMENDMENT NO. . Amend Senate Bill 480, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT to amend the Code of Civil Procedure by changing
5 Sections 8-2001, 8-2003, and 8-2004, changing the heading of
6 Part 20 of Article VIII, and adding Sections 8-2005 and
7 8-2006."; and
8 by replacing everything after the enacting clause with the
9 following:
10 "Section 5. The Code of Civil Procedure is amended by
11 changing Sections 8-2001, 8-2003, and 8-2004, changing the
12 heading of Part 20 of Article VIII, and adding Sections
13 8-2005 and 8-2006 as follows:
14 (735 ILCS 5/Art. 8, Part 20 heading)
15 Part 20. Inspection of Hospital Records
16 (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
17 (Text of Section WITHOUT the changes made by P.A. 89-7,
18 which has been held unconstitutional)
19 Sec. 8-2001. Examination of records. Every private and
20 public hospital shall, upon the request of any patient who
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1 has been treated in such hospital and after his or her
2 discharge therefrom, permit the patient, his or her physician
3 or authorized attorney to examine the hospital records,
4 including but not limited to the history, bedside notes,
5 charts, pictures and plates, kept in connection with the
6 treatment of such patient, and permit copies of such records
7 to be made by him or her or his or her physician or
8 authorized attorney. A request for copies examination of the
9 records shall be in writing and shall be delivered to the
10 administrator of such hospital. The hospital shall be
11 reimbursed by the person requesting copies of records at the
12 time of such copying for all reasonable expenses, including
13 the costs of independent copy service companies, incurred by
14 the hospital in connection with such copying not to exceed a
15 $25 handling charge for processing the request for copies and
16 37 cents per page (except that the charge shall not exceed $1
17 per page for any copies made from microfiche or microfilm),
18 and actual shipping costs. These rates shall be
19 automatically adjusted as set forth in Section 8-2006. The
20 hospital may, however, charge for the reasonable cost of all
21 duplication of record material or information that cannot
22 routinely be copied or duplicated on a standard commercial
23 photocopy machine such as x-ray films or pictures.
24 The requirements of this Section shall be satisfied
25 within 60 days of the receipt of a request by a patient, for
26 his or her physician, authorized attorney, or own person.
27 Failure to comply with the time limit requirement of this
28 Section shall subject the denying party to expenses and
29 reasonable attorneys' fees incurred in connection with any
30 court ordered enforcement of the provisions of this Section.
31 (Source: P.A. 84-7.)
32 (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
33 (Text of Section WITHOUT the changes made by P.A. 89-7,
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1 which has been held unconstitutional)
2 Sec. 8-2003. Physician's Records of physicians and other
3 health care practitioners. In this Section, "practitioner"
4 means any health care practitioner other than a physician,
5 clinical psychologist, or clinical social worker.
6 Every physician and practitioner shall, upon the request
7 of any patient who has been treated by such physician or
8 practitioner, permit such patient's physician, practitioner,
9 or authorized attorney to examine and copy the patient's
10 records, including but not limited to those relating to the
11 diagnosis, treatment, prognosis, history, charts, pictures
12 and plates, kept in connection with the treatment of such
13 patient. Such request for examining and copying of the
14 records shall be in writing and shall be delivered to such
15 physician or practitioner. Such written request shall be
16 complied with by the physician or practitioner within a
17 reasonable time after receipt by him or her at his or her
18 office or any other place designated by him or her. The
19 physician or practitioner shall be reimbursed by the person
20 requesting such records at the time of such examination or
21 copying, for all reasonable expenses, including the costs of
22 independent copy service companies, incurred by the physician
23 or practitioner in connection with such examination or
24 copying not to exceed a $25 handling charge for processing
25 the request for copies, and 37 cents per page (except that
26 the charge shall not exceed $1 per page for any copies made
27 from microfiche or microfilm), and actual shipping costs.
28 These rates shall be automatically adjusted as set forth in
29 Section 8-2006. The physician or other practitioner may,
30 however, charge for the reasonable cost of all duplication of
31 record material or information that cannot routinely be
32 copied or duplicated on a standard commercial photocopy
33 machine such as x-ray films or pictures.
34 The requirements of this Section shall be satisfied
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1 within 60 days of the receipt of a request by a patient or,
2 his or her physician, practitioner, or authorized attorney.
3 Failure to comply with the time limit requirement of this
4 Section shall subject the denying party to expenses and
5 reasonable attorneys' fees incurred in connection with any
6 court ordered enforcement of the provisions of this Section.
7 (Source: P.A. 84-7.)
8 (735 ILCS 5/8-2004) (from Ch. 110, par. 8-2004)
9 (Text of Section WITHOUT the changes made by P.A. 89-7,
10 which has been held unconstitutional)
11 Sec. 8-2004. Records of clinical psychologists and
12 clinical social workers. Except where the clinical
13 psychologist or clinical social worker consents, records of a
14 clinical psychologist or clinical social worker regulated in
15 this State, relating to psychological services or social work
16 services, shall not be examined or copied by a patient,
17 unless otherwise ordered by the court for good cause shown.
18 For the purpose of obtaining records, the patient or his or
19 her authorized agent may apply to the circuit court of the
20 county in which the patient resides or the county in which
21 the clinical psychologist or clinical social worker resides.
22 The clinical psychologist or clinical social worker shall be
23 reimbursed by the person requesting the records at the time
24 of the examination or copying, for all reasonable expenses,
25 including the costs of independent copy service companies,
26 incurred by the clinical psychologist or clinical social
27 worker in connection with the examination or copying, not to
28 exceed a $25 handling charge for processing the request for
29 copies, and 37 cents per page (except that the charge shall
30 not exceed $1 per page for any copies made from microfiche or
31 microfilm), and actual shipping costs. These rates shall be
32 automatically adjusted as set forth in Section 8-2006. The
33 clinical psychologist or clinical social worker may, however,
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1 charge for the reasonable cost of all duplication of record
2 material or information that cannot routinely be copied or
3 duplicated or a standard commercial photocopy machine such as
4 pictures.
5 (Source: P.A. 87-530.)
6 (735 ILCS 5/8-2005 new)
7 Sec. 8-2005. Attorney's records. This Section applies
8 only if a client and his or her authorized attorney have
9 complied with all applicable legal requirements regarding
10 examination and copying of client files, including but not
11 limited to satisfaction of expenses and attorney retaining
12 liens.
13 Upon the request of a client, an attorney shall permit
14 the client's authorized attorney to examine and copy the
15 records kept by the attorney in connection with the
16 representation of the client, with the exception of attorney
17 work product. The request for examination and copying of the
18 records shall be in writing and shall be delivered to the
19 attorney. Within a reasonable time after the attorney
20 receives the written request, the attorney shall comply with
21 the written request at his or her office or any other place
22 designated by him or her. At the time of copying, the person
23 requesting the records shall reimburse the attorney for all
24 reasonable expenses, including the costs of independent copy
25 service companies, incurred by the attorney in connection
26 with the copying not to exceed a $25 handling charge for
27 processing the request for copies, and 37 cents per page
28 (except that the charge shall not exceed $1 per page for any
29 copies made from microfiche or microfilm), and actual
30 shipping costs. These rates shall be automatically adjusted
31 as set forth in Section 8-2006. The attorney may, however,
32 charge for the reasonable cost of all duplication of record
33 material or information that cannot routinely be copied or
-6- LRB9105760WHdvam08
1 duplicated on a standard commercial photocopy machine such as
2 pictures.
3 An attorney shall satisfy the requirements of this
4 Section within 60 days after he or she receives a request
5 from a client or his or her authorized attorney. An attorney
6 who fails to comply with the time limit requirement of this
7 Section shall be required to pay expenses and reasonable
8 attorney's fees incurred in connection with any court-ordered
9 enforcement of the requirements of this Section.
10 (735 ILCS 5/8-2006 new)
11 Sec. 8-2006. Copying fees; adjustment for inflation.
12 Beginning in 2001, every January 20, the copying fee limits
13 established in Sections 8-2001, 8-2003, 8-2004, and 8-2005
14 shall automatically be increased or decreased, as applicable,
15 by a percentage equal to the percentage change in the
16 consumer price index-u during the preceding 12-month calendar
17 year. "Consumer price index-u" means the index published by
18 the Bureau of Labor Statistics of the United States
19 Department of Labor that measures the average change in
20 prices of goods and services purchased by all urban
21 consumers, United States city average, all items, 1982-84 =
22 100. The new amount resulting from each annual adjustment
23 shall be determined by the Comptroller and made available to
24 the public on January 20 of every year.
25 Section 99. Effective date. This Act takes effect 30
26 days after becoming law.".