093_HB1038sam001

 










                                     LRB093 05531 DRJ 16193 a

 1                    AMENDMENT TO HOUSE BILL 1038

 2        AMENDMENT NO.     .  Amend House Bill 1038  by  replacing
 3    the title with the following:
 4        "AN ACT concerning patient health information."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

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

 9        (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
10        Sec. 8-2001.  Examination of records.
11        In  this  Section,  "health  care facility" or "facility"
12    means a  public  or  private  hospital,  ambulatory  surgical
13    treatment   center,   nursing   home,   independent  practice
14    association, or physician hospital organization, or any other
15    entity where health care services are provided to any person.
16    The term does not include an organizational  structure  whose
17    records are subject to Section 8-2003.
18        Every  private  and  public health care facility hospital
19    shall, upon the request of any patient who has  been  treated
20    in  such  health  care facility hospital and after his or her
21    discharge therefrom, permit the patient, his or her physician
 
                            -2-      LRB093 05531 DRJ 16193 a
 1    or authorized attorney to examine the  health  care  facility
 2    patient  care  hospital records, including but not limited to
 3    the history, bedside notes, charts, pictures and plates, kept
 4    in connection with the treatment of such patient, and  permit
 5    copies of such records to be made by him or her or his or her
 6    physician  or  authorized  attorney.  A request for copies of
 7    the records shall be in writing and shall be delivered to the
 8    administrator  or  manager  of  such  health  care   facility
 9    hospital.   The   health  care  facility  hospital  shall  be
10    reimbursed by the person requesting copies of records at  the
11    time  of  such copying for all reasonable expenses, including
12    the costs of independent copy service companies, incurred  by
13    the  health  care  facility  hospital in connection with such
14    copying not to exceed a $20 handling  charge  for  processing
15    the  request  for copies, and 75 cents per page for the first
16    through 25th pages, 50 cents per page for  the  26th  through
17    50th  pages, and 25 cents per page for all pages in excess of
18    50 (except that the charge shall not exceed  $1.25  per  page
19    for any copies made from microfiche or microfilm), and actual
20    shipping  costs.  These rates shall be automatically adjusted
21    as set forth in Section 8-2006.   The  health  care  facility
22    hospital  may, however, charge for the reasonable cost of all
23    duplication of record material  or  information  that  cannot
24    routinely  be  copied  or duplicated on a standard commercial
25    photocopy machine such as x-ray films or pictures.
26        The requirements  of  this  Section  shall  be  satisfied
27    within  30  60  days of the receipt of a written request by a
28    patient, or by his or her legally authorized  representative,
29    for  his  or  her  physician,  or authorized attorney, or own
30    person. If the health care facility needs more time to comply
31    with the request, then within 30  days  after  receiving  the
32    request,  the facility must provide the requesting party with
33    a written statement of the reasons for the delay and the date
34    by which the requested information will be provided.  In  any
 
                            -3-      LRB093 05531 DRJ 16193 a
 1    event, the facility must provide the requested information no
 2    later than 60 days after receiving the request.
 3        A  health  care  facility must provide the public with at
 4    least 30 days prior notice of the closure  of  the  facility.
 5    The  notice  must include an explanation of how copies of the
 6    facility's records may be accessed by  patients.  The  notice
 7    may  be  given  by  publication  in  a  newspaper  of general
 8    circulation in the area in which the health care facility  is
 9    located.
10        Failure to comply with the time limit requirement of this
11    Section  shall  subject  the  denying  party  to expenses and
12    reasonable attorneys' fees incurred in  connection  with  any
13    court ordered enforcement of the provisions of this Section.
14    (Source: P.A. 84-7; 92-228, eff. 9-1-01.)

15        (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
16        Sec. 8-2003.  Records of physicians and other health care
17    practitioners.    In  this  Section, "practitioner" means any
18    health care practitioner, including other than  a  physician,
19    dentist,   podiatrist,  advanced  practice  nurse,  physician
20    assistant, clinical psychologist, or clinical social  worker.
21    The  term  includes  a   medical  office, health care clinic,
22    health   department,   group   practice,   and   any    other
23    organizational  structure   for  a  licensed  professional to
24    provide health care services. The term  does  not  include  a
25    health care facility as defined in Section 8-2001.
26        Every  physician and practitioner shall, upon the request
27    of any patient who has been  treated  by  such  physician  or
28    practitioner,  permit  the  patient  and  the  such patient's
29    physician, practitioner, or authorized  attorney  to  examine
30    and  copy the patient's records, including but not limited to
31    those  relating  to  the  diagnosis,  treatment,   prognosis,
32    history, charts, pictures and plates, kept in connection with
33    the  treatment  of  such patient.  Such request for examining
 
                            -4-      LRB093 05531 DRJ 16193 a
 1    and copying of the records shall be in writing and  shall  be
 2    delivered  to  such  physician  or practitioner. Such written
 3    request  shall  be  complied  with  by   the   physician   or
 4    practitioner within a reasonable time after receipt by him or
 5    her at his or her office or any other place designated by him
 6    or her.
 7        The  requirements  of  this  Section  shall  be satisfied
 8    within 30 days of the receipt of a written  request.  If  the
 9    practitioner needs more time to comply with the request, then
10    within  30 days after receiving the request, the practitioner
11    must provide the requesting party with a written statement of
12    the reasons for the delay and the date by which the requested
13    information will be provided.  In any event, the practitioner
14    must provide the requested information no later than 60  days
15    after receiving the request.
16        The  physician or practitioner shall be reimbursed by the
17    person requesting such records at the time of  such  copying,
18    for   all   reasonable   expenses,  including  the  costs  of
19    independent copy service companies, incurred by the physician
20    or practitioner in connection with such copying not to exceed
21    a $20 handling charge for processing the request for  copies,
22    and  75  cents  per page for the first through 25th pages, 50
23    cents per page for the 26th through 50th pages, and 25  cents
24    per  page  for  all  pages  in  excess of 50 (except that the
25    charge shall not exceed $1.25 per page for  any  copies  made
26    from  microfiche  or  microfilm),  and actual shipping costs.
27    These rates shall be automatically adjusted as set  forth  in
28    Section  8-2006.   The  physician  or other practitioner may,
29    however, charge for the reasonable cost of all duplication of
30    record material  or  information  that  cannot  routinely  be
31    copied  or  duplicated  on  a  standard  commercial photocopy
32    machine such as x-ray films or pictures.
33        A health care practitioner must provide the  public  with
34    at  least  30  days  prior  notice  of  the  closure  of  the
 
                            -5-      LRB093 05531 DRJ 16193 a
 1    practitioner's   practice.   The   notice   must  include  an
 2    explanation of how copies of  the practitioner's records  may
 3    be   accessed  by  patients.  The  notice  may  be  given  by
 4    publication in a newspaper of general circulation in the area
 5    in which the health care practitioner's practice is located.
 6        The requirements  of  this  Section  shall  be  satisfied
 7    within  60  days  of the receipt of a request by a patient or
 8    his or her physician, practitioner, or authorized attorney.
 9        Failure to comply with the time limit requirement of this
10    Section shall subject  the  denying  party  to  expenses  and
11    reasonable  attorneys'  fees  incurred in connection with any
12    court ordered enforcement of the provisions of this Section.
13    (Source: P.A. 84-7; 92-228, eff. 9-1-01.)

14        (735 ILCS 5/8-2004 rep.)
15        Section 6.  The Code of Civil  Procedure  is  amended  by
16    repealing Section 8-2004.

17        Section  99.  Effective date.  This Act takes effect upon
18    becoming law.".