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Public Act 095-0480


 

Public Act 0480 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0480
 
HB0830 Enrolled LRB095 05101 AJO 25170 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended, if and
only if Senate Bill 472 of the 95th General Assembly becomes
law, by changing Sections 8-2001 and 8-2005 as follows:
 
    (735 ILCS 5/8-2001)  (from Ch. 110, par. 8-2001)
    Sec. 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, podiatrist,
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, permit the patient, his or her healthcare
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 healthcare
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 a 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 75 cents for 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.
    (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, healthcare
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. 93-87, eff. 7-2-03; 94-155, eff. 1-1-06;
09500SB0472ham001.)
 
    (735 ILCS 5/8-2005)
    Sec. 8-2005. Attorney's records. This Section applies only
if a client and his or her authorized attorney have complied
with all applicable legal requirements regarding examination
and copying of client files, including but not limited to
satisfaction of expenses and attorney retaining liens.
    Upon the request of a client, an attorney shall permit the
client's authorized attorney to examine and copy the records
kept by the attorney in connection with the representation of
the client, with the exception of attorney work product. The
request for examination and copying of the records shall be in
writing and shall be delivered to the attorney. Within a
reasonable time after the attorney receives the written
request, the attorney shall comply with the written request at
his or her office or any other place designated by him or her.
At the time of copying, the person requesting the records shall
reimburse the attorney for all reasonable expenses, including
the costs of independent copy service companies, incurred by
the attorney in connection with the copying not to exceed a $20
handling charge for processing the request, and the actual
postage or shipping charges, 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 a 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
75 cents for 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 attorney 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
attorney 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 pictures.
    An attorney shall satisfy the requirements of this Section
within 60 days after he or she receives a request from a client
or his or her authorized attorney. An attorney who fails to
comply with the time limit requirement of this Section shall be
required to pay expenses and reasonable attorney's fees
incurred in connection with any court-ordered enforcement of
the requirements of this Section.
(Source: P.A. 92-228, eff. 9-1-01; 09500SB0472ham001.)
 
    Section 10. "An Act concerning civil law", Senate Bill 472
of the 95th General Assembly, is amended, if and only if Senate
Bill 472 of the 95th General Assembly becomes law, by changing
Section 99 as follows:
 
    (SB 472, 95th G.A., Sec. 99)
    Sec. 99. Effective date. This Act takes effect upon
becoming law, except that the provisions amending the Code of
Civil Procedure by changing Sections 8-2001, 8-2005, and 8-2006
and repealing Section 8-2003 take effect on January 1, 2008.
(Source: 09500SB0472ham001.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law, except Section 5 takes effect on January 1, 2008.

Effective Date: 8/27/2007