101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5164

 

Introduced , by Rep. Sue Scherer

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/8-2001  from Ch. 110, par. 8-2001
735 ILCS 5/8-2001.5
735 ILCS 5/8-2006

    Amends the Code of Civil Procedure. Removes provisions allowing a health care facility or health care practitioner to charge a patient or a patient's representatives fees for photocopies of patient records. Makes conforming changes.


LRB101 18749 LNS 68204 b

 

 

A BILL FOR

 

HB5164LRB101 18749 LNS 68204 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Sections 8-2001, 8-2001.5, and 8-2006 as follows:
 
6    (735 ILCS 5/8-2001)  (from Ch. 110, par. 8-2001)
7    Sec. 8-2001. Examination of health care records.
8    (a) In this Section:
9    "Health care facility" or "facility" means a public or
10private hospital, ambulatory surgical treatment center,
11nursing home, independent practice association, or physician
12hospital organization, or any other entity where health care
13services are provided to any person. The term does not include
14a health care practitioner.
15    "Health care practitioner" means any health care
16practitioner, including a physician, dentist, podiatric
17physician, advanced practice registered nurse, physician
18assistant, clinical psychologist, or clinical social worker.
19The term includes a medical office, health care clinic, health
20department, group practice, and any other organizational
21structure for a licensed professional to provide health care
22services. The term does not include a health care facility.
23    (b) Every private and public health care facility shall,

 

 

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1upon the request of any patient who has been treated in such
2health care facility, or any person, entity, or organization
3presenting a valid authorization for the release of records
4signed by the patient or the patient's legally authorized
5representative, or as authorized by Section 8-2001.5, permit
6the patient, his or her health care practitioner, authorized
7attorney, or any person, entity, or organization presenting a
8valid authorization for the release of records signed by the
9patient or the patient's legally authorized representative to
10examine the health care facility patient care records,
11including but not limited to the history, bedside notes,
12charts, pictures and plates, kept in connection with the
13treatment of such patient, and permit copies of such records to
14be made by him or her or his or her health care practitioner or
15authorized attorney.
16    (c) Every health care practitioner shall, upon the request
17of any patient who has been treated by the health care
18practitioner, or any person, entity, or organization
19presenting a valid authorization for the release of records
20signed by the patient or the patient's legally authorized
21representative, permit the patient and the patient's health
22care practitioner or authorized attorney, or any person,
23entity, or organization presenting a valid authorization for
24the release of records signed by the patient or the patient's
25legally authorized representative, to examine and copy the
26patient's records, including but not limited to those relating

 

 

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1to the diagnosis, treatment, prognosis, history, charts,
2pictures and plates, kept in connection with the treatment of
3such patient.
4    (d) A request for copies of the records shall be in writing
5and shall be delivered to the administrator or manager of such
6health care facility or to the health care practitioner. A
7patient who has been treated by the health care practitioner,
8or any person, entity, or organization presenting a valid
9authorization for the release of records signed by the patient
10or the patient's legally authorized representative may not be
11charged for photocopies of the records. The person (including
12patients, health care practitioners and attorneys) requesting
13copies of records shall reimburse the facility or the health
14care practitioner at the time of such copying for all
15reasonable expenses, including the costs of independent copy
16service companies, incurred in connection with such copying not
17to exceed a $20 handling charge for processing the request and
18the actual postage or shipping charge, if any, plus: (1) for
19paper copies 75 cents per page for the first through 25th
20pages, 50 cents per page for the 26th through 50th pages, and
2125 cents per page for all pages in excess of 50 (except that
22the charge shall not exceed $1.25 per page for any copies made
23from microfiche or microfilm; records retrieved from scanning,
24digital imaging, electronic information or other digital
25format do not qualify as microfiche or microfilm retrieval for
26purposes of calculating charges); and (2) for electronic

 

 

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1records, retrieved from a scanning, digital imaging,
2electronic information or other digital format in an electronic
3document, a charge of 50% of the per page charge for paper
4copies under subdivision (d)(1). This per page charge includes
5the cost of each CD Rom, DVD, or other storage media. Records
6already maintained in an electronic or digital format shall be
7provided in an electronic format when so requested. If the
8records system does not allow for the creation or transmission
9of an electronic or digital record, then the facility or
10practitioner shall inform the requester in writing of the
11reason the records can not be provided electronically. The
12written explanation may be included with the production of
13paper copies, if the requester chooses to order paper copies.
14These rates shall be automatically adjusted as set forth in
15Section 8-2006. The facility or health care practitioner may,
16however, charge for the reasonable cost of all duplication of
17record material or information that cannot routinely be copied
18or duplicated on a standard commercial photocopy machine such
19as x-ray films or pictures or CD Roms, DVDs, or other storage
20media.
21    (d-5) (Blank). The handling fee shall not be collected from
22the patient or the patient's personal representative who
23obtains copies of records under Section 8-2001.5.
24    (e) The requirements of this Section shall be satisfied
25within 30 days of the receipt of a written request by a patient
26or by his or her legally authorized representative, health care

 

 

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1practitioner, authorized attorney, or any person, entity, or
2organization presenting a valid authorization for the release
3of records signed by the patient or the patient's legally
4authorized representative. If the facility or health care
5practitioner needs more time to comply with the request, then
6within 30 days after receiving the request, the facility or
7health care practitioner must provide the requesting party with
8a written statement of the reasons for the delay and the date
9by which the requested information will be provided. In any
10event, the facility or health care practitioner must provide
11the requested information no later than 60 days after receiving
12the request.
13    (f) A health care facility or health care practitioner must
14provide the public with at least 30 days prior notice of the
15closure of the facility or the health care practitioner's
16practice. The notice must include an explanation of how copies
17of the facility's records may be accessed by patients. The
18notice may be given by publication in a newspaper of general
19circulation in the area in which the health care facility or
20health care practitioner is located.
21    (g) Failure to comply with the time limit requirement of
22this Section shall subject the denying party to expenses and
23reasonable attorneys' fees incurred in connection with any
24court ordered enforcement of the provisions of this Section.
25    (h) Notwithstanding any other provision of the law in
26recognition of service provided, a health care facility or

 

 

HB5164- 6 -LRB101 18749 LNS 68204 b

1health care practitioner shall provide without charge one
2duplication of record materials or information in a patient's
3records that cannot routinely be copied or duplicated on a
4standard commercial photocopy machine complete copy of a
5patient's records if: (1) the patient is an indigent homeless
6veteran; and (2) the records are being requested by the patient
7or a person, entity, or organization presenting a valid
8authorization for the release of records signed by the patient
9or the patient's legally authorized representative, for the
10purpose of supporting a claim for federal veterans' disability
11benefits.
12(Source: P.A. 100-513, eff. 1-1-18; 100-814, eff. 1-1-19.)
 
13    (735 ILCS 5/8-2001.5)
14    Sec. 8-2001.5. Authorization for release of a deceased
15patient's records.
16    (a) In addition to disclosure allowed under Section 8-802,
17a deceased person's health care records must be released upon
18written request of the executor or administrator of the
19deceased person's estate or to an agent appointed by the
20deceased under a power of attorney for health care. When no
21executor, administrator, or agent exists, and the person did
22not specifically object to disclosure of his or her records in
23writing, then a deceased person's health care records must be
24released upon the written request of a person, who is
25considered to be a personal representative of the patient for

 

 

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1the purpose of the release of a deceased patient's health care
2records, in one of these categories:
3        (1) the deceased person's surviving spouse; or
4        (2) if there is no surviving spouse, any one or more of
5    the following: (i) an adult son or daughter of the
6    deceased, (ii) a parent of the deceased, or (iii) an adult
7    brother or sister of the deceased.
8    (b) Health care facilities and practitioners are
9authorized to provide a copy of a deceased patient's records
10based upon a person's payment of the statutory fee and signed
11"Authorized Relative Certification", attesting to the fact
12that the person is authorized to receive such records under
13this Section.
14    (c) Any person who, in good faith, relies on a copy of an
15Authorized Relative Certification shall have the same
16immunities from criminal and civil liability as those who rely
17on a power of attorney for health care as provided by Illinois
18law.
19    (d) Upon request for records of a deceased patient, the
20named authorized relative shall provide the facility or
21practitioner with a certified copy of the death certificate and
22a certification in substantially the following form:
 
23
AUTHORIZED RELATIVE CERTIFICATION

 
24    I, (insert name of authorized relative), certify that I am

 

 

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1an authorized relative of the deceased (insert name of
2deceased). (A certified copy of the death certificate must be
3attached.)
 
4    I certify that to the best of my knowledge and belief that
5no executor or administrator has been appointed for the
6deceased's estate, that no agent was authorized to act for the
7deceased under a power of attorney for health care, and the
8deceased has not specifically objected to disclosure in
9writing.
 
10    I certify that I am the surviving spouse of the deceased;
11or
 
12    I certify that there is no surviving spouse and my
13relationship to the deceased is (circle one):
14        (1) An adult son or daughter of the deceased.
15        (2) Either parent of the deceased.
16        (3) An adult brother or sister of the deceased.
 
17    I certify that I am seeking the records as a personal
18representative who is acting in a representative capacity and
19who is authorized to seek these records under Section 8-2001.5
20of the Code of Civil Procedure.
 
21    This certification is made under penalty of perjury.*
 

 

 

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1Dated: (insert date)
 
2.................................
3(Print Authorized Relative's Name)
4.................................
5(Authorized Relative's Signature)
6.................................
7(Authorized Relative's Address)
 
8*(Note: Perjury is defined in Section 32-2 of the Criminal Code
9of 2012, and is a Class 3 felony.)
10(Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12;
1197-1150, eff. 1-25-13.)
 
12    (735 ILCS 5/8-2006)
13    Sec. 8-2006. Copying fees; adjustment for inflation.
14Beginning in 2003, every January 20, the copying fee limits
15established in Section Sections 8-2001 and 8-2005 shall
16automatically be increased or decreased, as applicable, by a
17percentage equal to the percentage change in the consumer price
18index-u during the preceding 12-month calendar year. "Consumer
19price index-u" means the index published by the Bureau of Labor
20Statistics of the United States Department of Labor that
21measures the average change in prices of goods and services
22purchased by all urban consumers, United States city average,

 

 

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1all items, 1982-84 = 100. The new amount resulting from each
2annual adjustment shall be determined by the Comptroller and
3made available to the public via the Comptroller's official
4website by January 31 of every year.
5(Source: P.A. 94-982, eff. 6-30-06; 95-478, eff. 1-1-08
6(changed from 8-27-07 by P.A. 95-480).)