093_HB1318

 
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 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 1.  Short title. This Act may  be  cited  as  the
 5    Patient Health Information Act.

 6        Section  5.  Purpose.   The  purpose  of  this  Act is to
 7    establish certain rights of patients to  obtain  health  care
 8    information.

 9        Section 10.  Definitions.  For the purposes of this Act:
10        "Heath  care  professional"  means  a physician, dentist,
11    podiatrist, or other  individual  appropriately  licensed  or
12    registered to provide health care services.
13        "Health care services" means any services included in the
14    furnishing   to  any  individual  of  medical  care,  or  the
15    hospitalization incident to the furnishing of such  care,  as
16    well  as  the  furnishing  to any person of any and all other
17    services for the purpose of preventing, alleviating,  curing,
18    or healing human illness or injury, including home health and
19    pharmaceutical services and products.
20        "Health   care   provider"  means  a  hospital  facility,
21    ambulatory   surgical   treatment   center,   nursing   home,
22    independent    practice    association,    physician-hospital
23    organization, or other  person,  other  than  a  health  care
24    professional,  dentist,  or  podiatrist,  that is licensed or
25    otherwise authorized to deliver health care services.
26        "Patient"  means  any  person  who  has  received  or  is
27    receiving health care treatment, services, or products from a
28    health care professional or health care provider.

29        Section  15.  Explanation  of   bill.    Every   patient,
 
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 1    regardless  of  source  of payment, may examine and receive a
 2    reasonable explanation of his or her total  bill  for  health
 3    care services rendered by his or her health care professional
 4    or  health  care provider, including the itemized charges for
 5    specific health care  services  received.  Each  health  care
 6    professional  or  health  care  provider shall be responsible
 7    only for a reasonable explanation of  those  specific  health
 8    care  services  provided  by  the health care professional or
 9    health care provider.

10        Section 20.  Disclosure.  Each health care  professional,
11    health   care  provider,  health  services  corporation,  and
12    insurance company shall refrain from disclosing the nature or
13    details of health care services provided to patients,  except
14    that  the  information  may  be disclosed to the patient, the
15    party making treatment decisions regarding  the  health  care
16    services  provided,  those  parties  directly  involved  with
17    providing  treatment to the patient or processing the payment
18    for  that  treatment,  those  parties  responsible  for  peer
19    review, utilization review and quality assurance,  and  those
20    parties   required  to  be  notified  under  the  Abused  and
21    Neglected  Child  Reporting  Act,   the   Illinois   Sexually
22    Transmissible   Disease  Control  Act,  and  where  otherwise
23    authorized or required by law. This right may  be  waived  in
24    writing  by  the  patient  or the patient's representative or
25    guardian, but a health care professional or other health care
26    provider may not  condition  the  provision  of  health  care
27    services  on  the patient's or representative's or guardian's
28    agreement to sign a waiver.

29        Section  25.  Examination   and   copying   of   records;
30    reimbursement;  notice  of closure; failure to comply.  Every
31    health care professional and health care provider shall, upon
32    the request of any  patient  who  has  been  treated  by  the
 
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 1    professional  or  provider, permit the patient, the patient's
 2    health care professional, health care provider, or authorized
 3    attorney to examine and copy the patient's records, including
 4    but  not  limited  to  those  relating  to   the   diagnosis,
 5    treatment,  prognosis, history, charts, pictures, and plates,
 6    kept in connection with the treatment  of  the  patient.  All
 7    requests for examining and copying of the records shall be in
 8    writing  and  shall  be  delivered  to  such  professional or
 9    provider.  In the case of a hospital or other  facility,  the
10    request  shall  be  delivered  to  the  administrator  of the
11    facility. A written request shall be  complied  with  by  the
12    professional  or  provider  within  a  reasonable  time after
13    receipt.
14        The requirements  of  this  Section  shall  be  satisfied
15    within  30  days  of  the  receipt  of a written request by a
16    patient or his or her health care professional,  health  care
17    provider,  or  authorized  attorney.  If  the professional or
18    provider needs more time to comply with the request, then the
19    professional or provider must provide  the  requesting  party
20    with a written statement of the reasons for the delay and the
21    date  by  which the requested information will be provided no
22    later than 60 days from receipt of the request.
23        The professional or provider shall be reimbursed  by  the
24    person  requesting records at the time of such examination or
25    copying for all reasonable expenses, including the  costs  of
26    independent   copy   service   companies,   incurred  by  the
27    professional  or  provider  in   connection   with   copying.
28    Reasonable  expenses may not exceed a $20 handling charge for
29    processing the request for copies, and 75 cents per page  for
30    the  first through 25th pages, 50 cents per page for the 26th
31    through 50th pages, and 25 cents per page for  all  pages  in
32    excess  of  50 (except that the charge shall not exceed $1.25
33    per page for any copies made from microfiche  or  microfilm),
34    and actual shipping costs.  The requested fee must be paid in
 
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 1    order  to  receive  the  copies, even if the copies are being
 2    provided  pursuant  to  a  subpoena.  These  rates  shall  be
 3    automatically adjusted as set forth in Section 8-2006 of  the
 4    Code  of  Civil Procedure.  The professional or provider may,
 5    however, charge for the reasonable cost of all duplication of
 6    record material  or  information  that  cannot  routinely  be
 7    copied  or  duplicated  on  a  standard  commercial photocopy
 8    machine such as x-ray films or pictures.
 9        Professionals and providers must provide  30  days  prior
10    notice  of  closure  and explanation of how copies of records
11    may be accessed to the public. Notice may be  by  publication
12    in  a  newspaper  of general circulation in the area in which
13    the professional or provider is located.
14        Failure to comply with the time limit requirement of this
15    Section shall subject  the  denying  party  to  expenses  and
16    reasonable  attorneys'  fees  incurred in connection with any
17    court-ordered enforcement of the provisions of this Section.

18        Section 30.  Responsibility for maintenance and  transfer
19    of medical records.
20        (a)  A  health  care professional or health care provider
21    who  has  an  ownership  interest  in  a   business   entity,
22    regardless  of   the  form  of  organization  of the business
23    entity, organized for the purpose of  providing  health  care
24    services  is  responsible for the maintenance and transfer of
25    all  patient  medical  records  originated  by  or   in   the
26    possession   of   that   business   entity.   A  health  care
27    professional or health care provider subject to this  Section
28    shall  act  to  assure  that  patients  are  given  notice of
29    procedures to obtain a copy  or  transfer  of  the  patient's
30    medical records.
31        (b)  Within  180  days  after  the effective date of this
32    Act, the  Department  of  Public  Health  shall  issue  rules
33    necessary for the implementation of this Section.
 
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 1        (c)  A  health  care professional or health care provider
 2    who violates this Section or the rules promulgated under this
 3    Section is subject to disciplinary action by the disciplinary
 4    board governing that professional.

 5        Section 35.  Rules.   The  Department  of  Public  Health
 6    shall have the authority to adopt any rules necessary for the
 7    implementation of this Act.

 8        Section  90.   The  Code of Civil Procedure is amended by
 9    changing Sections 8-2001, 8-2005, and 8-2006 as follows:

10        (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
11        Sec. 8-2001.  Examination of records. Patient health care
12    records are available  from  health  care  professionals  and
13    health  care  providers  in accordance with Section 25 of the
14    Patient Health Information  Act.  Every  private  and  public
15    hospital  shall, upon the request of any patient who has been
16    treated in such hospital  and  after  his  or  her  discharge
17    therefrom,  permit  the  patient,  his  or  her  physician or
18    authorized  attorney  to  examine   the   hospital   records,
19    including  but  not  limited  to  the history, bedside notes,
20    charts, pictures and plates,  kept  in  connection  with  the
21    treatment  of such patient, and permit copies of such records
22    to be made  by  him  or  her  or  his  or  her  physician  or
23    authorized  attorney.   A  request  for copies of the records
24    shall  be  in  writing  and  shall  be   delivered   to   the
25    administrator  of  such  hospital.    The  hospital  shall be
26    reimbursed by the person requesting copies of records at  the
27    time  of  such copying for all reasonable expenses, including
28    the costs of independent copy service companies, incurred  by
29    the  hospital in connection with such copying not to exceed a
30    $20 handling charge for processing the  request  for  copies,
31    and  75  cents  per page for the first through 25th pages, 50
 
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 1    cents per page for the 26th through 50th pages, and 25  cents
 2    per  page  for  all  pages  in  excess of 50 (except that the
 3    charge shall not exceed $1.25 per page for  any  copies  made
 4    from  microfiche  or  microfilm),  and actual shipping costs.
 5    These rates shall be automatically adjusted as set  forth  in
 6    Section  8-2006.    The hospital may, however, charge for the
 7    reasonable cost of all  duplication  of  record  material  or
 8    information  that cannot routinely be copied or duplicated on
 9    a standard commercial photocopy machine such as  x-ray  films
10    or pictures.
11        The  requirements  of  this  Section  shall  be satisfied
12    within 60 days of the receipt of a request by a patient,  for
13    his or her physician, authorized attorney, or own person.
14        Failure to comply with the time limit requirement of this
15    Section  shall  subject  the  denying  party  to expenses and
16    reasonable attorneys' fees incurred in  connection  with  any
17    court ordered enforcement of the provisions of this Section.
18    (Source: P.A. 84-7; 92-228, eff. 9-1-01.)

19        (735 ILCS 5/8-2005)
20        Sec.  8-2005.  Attorney's  records.  This Section applies
21    only if a client and his  or  her  authorized  attorney  have
22    complied  with  all  applicable  legal requirements regarding
23    examination and copying of client files,  including  but  not
24    limited  to  satisfaction  of expenses and attorney retaining
25    liens.
26        Upon the request of a client, an  attorney  shall  permit
27    the  client's  authorized  attorney  to  examine and copy the
28    records  kept  by  the  attorney  in  connection   with   the
29    representation  of the client, with the exception of attorney
30    work product. The request for examination and copying of  the
31    records  shall  be  in  writing and shall be delivered to the
32    attorney.   Within  a  reasonable  time  after  the  attorney
33    receives the written request, the attorney shall comply  with
 
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 1    the  written  request at his or her office or any other place
 2    designated by him or her.  At the time of copying, the person
 3    requesting the records shall reimburse the attorney  for  all
 4    reasonable  expenses, including the costs of independent copy
 5    service companies, incurred by  the  attorney  in  connection
 6    with  the  copying  not  to  exceed a $20 handling charge for
 7    processing the request for copies, and 75 cents per page  for
 8    the  first through 25th pages, 50 cents per page for the 26th
 9    through 50th pages, and 25 cents per page for  all  pages  in
10    excess  of  50 (except that the charge shall not exceed $1.25
11    per page for any copies made from microfiche  or  microfilm),
12    and  actual shipping costs. The requested fee must be paid in
13    order  to  receive  the  copies.   These   rates   shall   be
14    automatically  adjusted  as  set forth in Section 8-2006. The
15    attorney may, however, charge for the reasonable cost of  all
16    duplication  of  record  material  or information that cannot
17    routinely be copied or duplicated on  a  standard  commercial
18    photocopy machine such as pictures.
19        Any   entity   legally   authorized  to  receive  copies,
20    including via a subpoena, must comply with this Section.
21        An  attorney  shall  satisfy  the  requirements  of  this
22    Section within 60 days after he or  she  receives  a  written
23    request  from a client or his or her authorized attorney.  An
24    attorney who fails to comply with the time limit  requirement
25    of  this  Section  shall  be  required  to  pay  expenses and
26    reasonable attorney's fees incurred in  connection  with  any
27    court-ordered   enforcement   of  the  requirements  of  this
28    Section.
29    (Source: P.A. 92-228, eff. 9-1-01.)

30        (735 ILCS 5/8-2006)
31        Sec. 8-2006.  Copying  fees;  adjustment  for  inflation.
32    Beginning  in  2003, every January 20, the copying fee limits
33    established in Section Sections 8-2001, 8-2003,  8-2004,  and
 
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 1    8-2005  of  this  Act  and  Section  25 of the Patient Health
 2    Information  Act  shall   automatically   be   increased   or
 3    decreased,  as  applicable,  by  a  percentage  equal  to the
 4    percentage change in the consumer price  index-u  during  the
 5    preceding  12-month  calendar  year. "Consumer price index-u"
 6    means the index published by the Bureau of  Labor  Statistics
 7    of  the  United  States Department of Labor that measures the
 8    average change in prices of goods and services  purchased  by
 9    all  urban  consumers, United States city average, all items,
10    1982-84 = 100. The new  amount  resulting  from  each  annual
11    adjustment   shall  be  determined  by  the  Comptroller  and
12    submitted by made available to the public on  January  20  of
13    every  year  to the Secretary of State for publication in the
14    Illinois Register.
15    (Source: P.A. 92-228, eff. 9-1-01.)

16        (735 ILCS 5/8-2003 rep.)
17        (735 ILCS 5/8-2004 rep.)
18        Section 95.  The Code of Civil Procedure  is  amended  by
19    repealing Sections 8-2003 and 8-2004.

20        Section  99.  Effective date.  This Act takes effect upon
21    becoming law.