093_HB1038enr

 
HB1038 Enrolled                      LRB093 05531 DRJ 05623 b

 1        AN ACT concerning patient health information.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Code of Civil  Procedure  is  amended  by
 5    changing Sections 8-2001 and 8-2003 as follows:

 6        (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
 7        Sec. 8-2001.  Examination of records.
 8        In  this  Section,  "health  care facility" or "facility"
 9    means a  public  or  private  hospital,  ambulatory  surgical
10    treatment   center,   nursing   home,   independent  practice
11    association, or physician hospital organization, or any other
12    entity where health care services are provided to any person.
13    The term does not include an organizational  structure  whose
14    records are subject to Section 8-2003.
15        Every  private  and  public health care facility hospital
16    shall, upon the request of any patient who has  been  treated
17    in  such  health  care facility hospital and after his or her
18    discharge therefrom, permit the patient, his or her physician
19    or authorized attorney to examine the  health  care  facility
20    patient  care  hospital records, including but not limited to
21    the history, bedside notes, charts, pictures and plates, kept
22    in connection with the treatment of such patient, and  permit
23    copies of such records to be made by him or her or his or her
24    physician  or  authorized  attorney.  A request for copies of
25    the records shall be in writing and shall be delivered to the
26    administrator  or  manager  of  such  health  care   facility
27    hospital.   The   health  care  facility  hospital  shall  be
28    reimbursed by the person requesting copies of records at  the
29    time  of  such copying for all reasonable expenses, including
30    the costs of independent copy service companies, incurred  by
31    the  health  care  facility  hospital in connection with such
 
HB1038 Enrolled             -2-      LRB093 05531 DRJ 05623 b
 1    copying not to exceed a $20 handling  charge  for  processing
 2    the  request  for copies, and 75 cents per page for the first
 3    through 25th pages, 50 cents per page for  the  26th  through
 4    50th  pages, and 25 cents per page for all pages in excess of
 5    50 (except that the charge shall not exceed  $1.25  per  page
 6    for any copies made from microfiche or microfilm), and actual
 7    shipping  costs.  These rates shall be automatically adjusted
 8    as set forth in Section 8-2006.   The  health  care  facility
 9    hospital  may, however, charge for the reasonable cost of all
10    duplication of record material  or  information  that  cannot
11    routinely  be  copied  or duplicated on a standard commercial
12    photocopy machine such as x-ray films or pictures.
13        The requirements  of  this  Section  shall  be  satisfied
14    within  30  60  days of the receipt of a written request by a
15    patient, or by his or her legally authorized  representative,
16    for  his  or  her  physician,  or authorized attorney, or own
17    person. If the health care facility needs more time to comply
18    with the request, then within 30  days  after  receiving  the
19    request,  the facility must provide the requesting party with
20    a written statement of the reasons for the delay and the date
21    by which the requested information will be provided.  In  any
22    event, the facility must provide the requested information no
23    later than 60 days after receiving the request.
24        A  health  care  facility must provide the public with at
25    least 30 days prior notice of the closure  of  the  facility.
26    The  notice  must include an explanation of how copies of the
27    facility's records may be accessed by  patients.  The  notice
28    may  be  given  by  publication  in  a  newspaper  of general
29    circulation in the area in which the health care facility  is
30    located.
31        Failure to comply with the time limit requirement of this
32    Section  shall  subject  the  denying  party  to expenses and
33    reasonable attorneys' fees incurred in  connection  with  any
34    court ordered enforcement of the provisions of this Section.
 
HB1038 Enrolled             -3-      LRB093 05531 DRJ 05623 b
 1    (Source: P.A. 84-7; 92-228, eff. 9-1-01.)

 2        (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
 3        Sec. 8-2003.  Records of physicians and other health care
 4    practitioners.    In  this  Section, "practitioner" means any
 5    health care practitioner, including other than  a  physician,
 6    dentist,   podiatrist,  advanced  practice  nurse,  physician
 7    assistant, clinical psychologist, or clinical social  worker.
 8    The  term  includes  a   medical  office, health care clinic,
 9    health   department,   group   practice,   and   any    other
10    organizational  structure   for  a  licensed  professional to
11    provide health care services. The term  does  not  include  a
12    health care facility as defined in Section 8-2001.
13        Every  physician and practitioner shall, upon the request
14    of any patient who has been  treated  by  such  physician  or
15    practitioner,  permit  the  patient  and  the  such patient's
16    physician, practitioner, or authorized  attorney  to  examine
17    and  copy the patient's records, including but not limited to
18    those  relating  to  the  diagnosis,  treatment,   prognosis,
19    history, charts, pictures and plates, kept in connection with
20    the  treatment  of  such patient.  Such request for examining
21    and copying of the records shall be in writing and  shall  be
22    delivered  to  such  physician  or practitioner. Such written
23    request  shall  be  complied  with  by   the   physician   or
24    practitioner within a reasonable time after receipt by him or
25    her at his or her office or any other place designated by him
26    or her.
27        The  requirements  of  this  Section  shall  be satisfied
28    within 30 days of the receipt of a written  request.  If  the
29    practitioner needs more time to comply with the request, then
30    within  30 days after receiving the request, the practitioner
31    must provide the requesting party with a written statement of
32    the reasons for the delay and the date by which the requested
33    information will be provided.  In any event, the practitioner
 
HB1038 Enrolled             -4-      LRB093 05531 DRJ 05623 b
 1    must provide the requested information no later than 60  days
 2    after receiving the request.
 3        The  physician or practitioner shall be reimbursed by the
 4    person requesting such records at the time of  such  copying,
 5    for   all   reasonable   expenses,  including  the  costs  of
 6    independent copy service companies, incurred by the physician
 7    or practitioner in connection with such copying not to exceed
 8    a $20 handling charge for processing the request for  copies,
 9    and  75  cents  per page for the first through 25th pages, 50
10    cents per page for the 26th through 50th pages, and 25  cents
11    per  page  for  all  pages  in  excess of 50 (except that the
12    charge shall not exceed $1.25 per page for  any  copies  made
13    from  microfiche  or  microfilm),  and actual shipping costs.
14    These rates shall be automatically adjusted as set  forth  in
15    Section  8-2006.   The  physician  or other practitioner may,
16    however, charge for the reasonable cost of all duplication of
17    record material  or  information  that  cannot  routinely  be
18    copied  or  duplicated  on  a  standard  commercial photocopy
19    machine such as x-ray films or pictures.
20        A health care practitioner must provide the  public  with
21    at  least  30  days  prior  notice  of  the  closure  of  the
22    practitioner's   practice.   The   notice   must  include  an
23    explanation of how copies of  the practitioner's records  may
24    be   accessed  by  patients.  The  notice  may  be  given  by
25    publication in a newspaper of general circulation in the area
26    in which the health care practitioner's practice is located.
27        The requirements  of  this  Section  shall  be  satisfied
28    within  60  days  of the receipt of a request by a patient or
29    his or her physician, practitioner, or authorized attorney.
30        Failure to comply with the time limit requirement of this
31    Section shall subject  the  denying  party  to  expenses  and
32    reasonable  attorneys'  fees  incurred in connection with any
33    court ordered enforcement of the provisions of this Section.
34    (Source: P.A. 84-7; 92-228, eff. 9-1-01.)
 
HB1038 Enrolled             -5-      LRB093 05531 DRJ 05623 b
 1        (735 ILCS 5/8-2004 rep.)
 2        Section 6.  The Code of Civil  Procedure  is  amended  by
 3    repealing Section 8-2004.

 4        Section  99.  Effective date.  This Act takes effect upon
 5    becoming law.