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Public Act 097-0623


 

Public Act 0623 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0623
 
SB1694 EnrolledLRB097 02679 AJO 49071 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 by
changing Sections 8-802 and 8-2001 and by adding Section
8-2001.5 as follows:
 
    (735 ILCS 5/8-802)  (from Ch. 110, par. 8-802)
    Sec. 8-802. Physician and patient. No physician or surgeon
shall be permitted to disclose any information he or she may
have acquired in attending any patient in a professional
character, necessary to enable him or her professionally to
serve the patient, except only (1) in trials for homicide when
the disclosure relates directly to the fact or immediate
circumstances of the homicide, (2) in actions, civil or
criminal, against the physician for malpractice, (3) with the
expressed consent of the patient, or in case of his or her
death or disability, of his or her personal representative or
other person authorized to sue for personal injury or of the
beneficiary of an insurance policy on his or her life, health,
or physical condition, or as authorized by Section 8-2001.5,
(4) in all actions brought by or against the patient, his or
her personal representative, a beneficiary under a policy of
insurance, or the executor or administrator of his or her
estate wherein the patient's physical or mental condition is an
issue, (5) upon an issue as to the validity of a document as a
will of the patient, (6) in any criminal action where the
charge is either first degree murder by abortion, attempted
abortion or abortion, (7) in actions, civil or criminal,
arising from the filing of a report in compliance with the
Abused and Neglected Child Reporting Act, (8) to any
department, agency, institution or facility which has custody
of the patient pursuant to State statute or any court order of
commitment, (9) in prosecutions where written results of blood
alcohol tests are admissible pursuant to Section 11-501.4 of
the Illinois Vehicle Code, (10) in prosecutions where written
results of blood alcohol tests are admissible under Section
5-11a of the Boat Registration and Safety Act, (11) in criminal
actions arising from the filing of a report of suspected
terrorist offense in compliance with Section 29D-10(p)(7) of
the Criminal Code of 1961, or (12) upon the issuance of a
subpoena pursuant to Section 38 of the Medical Practice Act of
1987; the issuance of a subpoena pursuant to Section 25.1 of
the Illinois Dental Practice Act; or the issuance of a subpoena
pursuant to Section 22 of the Nursing Home Administrators
Licensing and Disciplinary Act.
    In the event of a conflict between the application of this
Section and the Mental Health and Developmental Disabilities
Confidentiality Act to a specific situation, the provisions of
the Mental Health and Developmental Disabilities
Confidentiality Act shall control.
(Source: P.A. 95-478, eff. 8-27-07.)
 
    (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, 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 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 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, 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. 94-155, eff. 1-1-06; 95-478, eff. 1-1-08 (changed
from 8-27-07 by P.A. 95-480); 95-480, eff. 1-1-08.)
 
    (735 ILCS 5/8-2001.5 new)
    Sec. 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 may 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 may be
released upon the written request of:
        (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.
 
    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 1961, and is a Class 3 felony.)
 
    Section 10. The Illinois Power of Attorney Act is amended
by changing Section 4-3 as follows:
 
    (755 ILCS 45/4-3)  (from Ch. 110 1/2, par. 804-3)
    Sec. 4-3. General principles. The health care powers that
may be delegated to an agent include, without limitation, all
powers an individual may have to be informed about and to
consent to or refuse or withdraw any type of health care for
the individual and all powers a parent may have to control or
consent to health care for a minor child. A health care agency
may extend beyond the principal's death if necessary to permit
anatomical gift, autopsy, or disposition of remains, or access
to medical records. Nothing in this Article shall impair or
supersede any legal right or legal responsibility which any
person may have to effect the withholding or withdrawal of
life-sustaining or death-delaying procedures in any lawful
manner, and the provisions of this Article are cumulative in
such respect.
(Source: P.A. 85-701.)
 
    Section 99. Effective date. This Act takes effect October
1, 2011.

Effective Date: 11/23/2011