HB0714 EnrolledLRB102 13115 LNS 18458 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 Section 8-2001 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, registered
18nurse, licensed practical nurse, physician assistant, clinical
19psychologist, or clinical social worker, therapist, or
20counselor. The term includes a medical office, health care
21clinic, health department, group practice, and any other
22organizational structure for a licensed professional to
23provide health care services. The term does not include a

 

 

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

 

 

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1legally authorized representative, to examine and copy the
2patient's records, including but not limited to those relating
3to the diagnosis, treatment, prognosis, history, charts,
4pictures and plates, kept in connection with the treatment of
5such patient.
6    (d) A request for copies of the records shall be in writing
7and shall be delivered to the administrator or manager of such
8health care facility or to the health care practitioner. The
9person (including patients, health care practitioners and
10attorneys) requesting copies of records shall reimburse the
11facility or the health care practitioner at the time of such
12copying for all reasonable expenses, including the costs of
13independent copy service companies, incurred in connection
14with such copying not to exceed a $20 handling charge for
15processing the request and the actual postage or shipping
16charge, if any, plus: (1) for paper copies 75 cents per page
17for the first through 25th pages, 50 cents per page for the
1826th through 50th pages, and 25 cents per page for all pages in
19excess of 50 (except that the charge shall not exceed $1.25 per
20page for any copies made from microfiche or microfilm; records
21retrieved from scanning, digital imaging, electronic
22information or other digital format do not qualify as
23microfiche or microfilm retrieval for purposes of calculating
24charges); and (2) for electronic records, retrieved from a
25scanning, digital imaging, electronic information or other
26digital format in an electronic document, a charge of 50% of

 

 

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

 

 

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1legally authorized representative. If the facility or health
2care practitioner needs more time to comply with the request,
3then within 30 days after receiving the request, the facility
4or health care practitioner must provide the requesting party
5with a written statement of the reasons for the delay and the
6date by which the requested information will be provided. In
7any event, the facility or health care practitioner must
8provide the requested information no later than 60 days after
9receiving the request.
10    (f) A health care facility or health care practitioner
11must provide the public with at least 30 days prior notice of
12the closure of the facility or the health care practitioner's
13practice. The notice must include an explanation of how copies
14of the facility's records may be accessed by patients. The
15notice may be given by publication in a newspaper of general
16circulation in the area in which the health care facility or
17health care practitioner is located.
18    (g) Failure to comply with the time limit requirement of
19this Section shall subject the denying party to expenses and
20reasonable attorneys' fees incurred in connection with any
21court ordered enforcement of the provisions of this Section.
22    (h) Notwithstanding any other provision of the law in
23recognition of service provided, a health care facility or
24health care practitioner shall provide without charge one
25complete copy of a patient's records if : (1) the patient is an
26indigent homeless veteran; and (2) the records are being

 

 

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1requested by the patient or a person, entity, attorney,
2registered representative, or organization presenting a valid
3authorization for the release of records signed by the patient
4or the patient's legally authorized representative who has
5provided documentation of authority to act for the patient, or
6by such other requester as is authorized by statute if the
7patient is deceased, for the purpose of supporting a claim
8for: (1) federal veterans' disability benefits; (2) federal
9Social Security or Supplemental Security Income benefits, or
10both, under any title of the Social Security Act; or (3) Aid to
11the Aged, Blind, or Disabled benefits. Upon request, and if
12the records are for at least one of the approved purposes, the
13requester may obtain updated medical records not included in
14the original medical record free of charge if the request is
15accompanied by a valid authorization for the release of
16records signed by the patient, the patient's legally
17authorized representative who has provided documentation of
18authority to act for the patient, or such other requester as is
19authorized by statute if the patient is deceased.
20(Source: P.A. 100-513, eff. 1-1-18; 100-814, eff. 1-1-19.)