103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1137

 

Introduced 1/12/2023, by Rep. Dan Caulkins

 

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

    Amends the Code of Civil Procedure. Requires a health care facility or health care practitioner to notify the patient in writing when the health care facility or health care practitioner alters the patient's record within 3 business days of the alteration. Requires a health care facility or health care practitioner to provide an electronic copy of an altered record within 7 calendar days of the receipt of a written request by a patient. Requires any health care facility that accepts Medicaid to, upon written request, provide an electronic copy of an altered record within 4 business days. Provides that the failure to comply with the time limit requirements of the new provisions shall result in a rebuttable presumption that the health care record was altered to fraudulently conceal a failure to meet the applicable standard of care.


LRB103 00089 LNS 45089 b

 

 

A BILL FOR

 

HB1137LRB103 00089 LNS 45089 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, clinical social worker, therapist, or counselor.
20The term includes a medical office, health care clinic, health
21department, group practice, and any other organizational
22structure for a licensed professional to provide health care
23services. The term does not include a health care facility.

 

 

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

 

 

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1patient's records, including but not limited to those relating
2to the diagnosis, treatment, prognosis, history, charts,
3pictures and plates, kept in connection with the treatment of
4such patient.
5    (d) A request for copies of the records shall be in writing
6and shall be delivered to the administrator or manager of such
7health care facility or to the health care practitioner. The
8person (including patients, health care practitioners and
9attorneys) requesting copies of records shall reimburse the
10facility or the health care practitioner at the time of such
11copying for all reasonable expenses, including the costs of
12independent copy service companies, incurred in connection
13with such copying not to exceed a $20 handling charge for
14processing the request and the actual postage or shipping
15charge, if any, plus: (1) for paper copies 75 cents per page
16for the first through 25th pages, 50 cents per page for the
1726th through 50th pages, and 25 cents per page for all pages in
18excess of 50 (except that the charge shall not exceed $1.25 per
19page for any copies made from microfiche or microfilm; records
20retrieved from scanning, digital imaging, electronic
21information or other digital format do not qualify as
22microfiche or microfilm retrieval for purposes of calculating
23charges); and (2) for electronic records, retrieved from a
24scanning, digital imaging, electronic information or other
25digital format in an electronic document, a charge of 50% of
26the per page charge for paper copies under subdivision (d)(1).

 

 

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

 

 

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1care practitioner needs more time to comply with the request,
2then within 30 days after receiving the request, the facility
3or health care practitioner must provide the requesting party
4with a written statement of the reasons for the delay and the
5date by which the requested information will be provided. In
6any event, the facility or health care practitioner must
7provide the requested information no later than 60 days after
8receiving the request.
9    (e-5) When a health care facility or health care
10practitioner alters a patient's record, that health care
11facility or health care practitioner shall within 3 business
12days of the alteration notify the patient or his or her duly
13authorized representative in writing of the alteration,
14including an explanation of why the record was altered. A
15health care facility or health care practitioner shall provide
16an electronic copy of an altered record within 7 calendar days
17of the receipt of a written request by a patient or by his or
18her legally authorized representative, health care
19practitioner, authorized attorney, or any person, entity, or
20organization presenting a valid authorization for the release
21of records signed by the patient or the patient's legally
22authorized representative. Any health care facility that
23accepts Medicaid shall upon written request of the patient or
24his or her duly authorized representative provide an
25electronic copy of an altered record, including audit trails
26and audit logs, within 4 business days. Failure to comply with

 

 

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1the time limit requirement of this subsection shall result in
2a rebuttable presumption that the health care record was
3altered to fraudulently conceal a failure to meet the
4applicable standard of care.
5    As used in this subsection, "audit trails and audit logs"
6means all patient identifiable data held within the databases
7of an electronic record and are distinctly different than the
8requirements under the HIPAA Security Rule.
9    (f) A health care facility or health care practitioner
10must provide the public with at least 30 days prior notice of
11the closure of the facility or the health care practitioner's
12practice. The notice must include an explanation of how copies
13of the facility's records may be accessed by patients. The
14notice may be given by publication in a newspaper of general
15circulation in the area in which the health care facility or
16health care practitioner is located.
17    (g) Failure to comply with the time limit requirement of
18this Section shall subject the denying party to expenses and
19reasonable attorneys' fees incurred in connection with any
20court ordered enforcement of the provisions of this Section.
21    (h) Notwithstanding any other provision of the law, a
22health care facility or health care practitioner shall provide
23without charge one complete copy of a patient's records if the
24records are being requested by the patient or a person,
25entity, attorney, registered representative, or organization
26presenting a valid authorization for the release of records

 

 

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1signed by the patient or the patient's legally authorized
2representative who has provided documentation of authority to
3act for the patient, or by such other requester as is
4authorized by statute if the patient is deceased, for the
5purpose of supporting a claim for: (1) federal veterans'
6disability benefits; (2) federal Social Security or
7Supplemental Security Income benefits, or both, under any
8title of the Social Security Act; or (3) Aid to the Aged,
9Blind, or Disabled benefits. Upon request, and if the records
10are for at least one of the approved purposes, the requester
11may obtain updated medical records not included in the
12original medical record free of charge if the request is
13accompanied by a valid authorization for the release of
14records signed by the patient, the patient's legally
15authorized representative who has provided documentation of
16authority to act for the patient, or such other requester as is
17authorized by statute if the patient is deceased.
18(Source: P.A. 102-183, eff. 1-1-22.)