093_HB1318ham002











                                     LRB093 04056 DRJ 13997 a

 1                    AMENDMENT TO HOUSE BILL 1318

 2        AMENDMENT NO.     .  Amend House Bill 1318,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

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

 7        (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
 8        Sec. 8-2001.  Examination of records.
 9        In  this  Section,  "health  care facility" or "facility"
10    means a  public  or  private  hospital,  ambulatory  surgical
11    treatment   center,   nursing   home,   independent  practice
12    association, or physician hospital organization, or any other
13    entity where health care services are provided to any person.
14    The term does not include an organizational  structure  whose
15    records are subject to Section 8-2003.
16        Every  private  and  public health care facility hospital
17    shall, upon the request of any patient who has  been  treated
18    in  such  health  care facility hospital and after his or her
19    discharge therefrom, permit the patient, his or her physician
20    or authorized attorney to examine the  health  care  facility
21    patient  care  hospital records, including but not limited to
22    the history, bedside notes, charts, pictures and plates, kept
 
                            -2-      LRB093 04056 DRJ 13997 a
 1    in connection with the treatment of such patient, and  permit
 2    copies of such records to be made by him or her or his or her
 3    physician  or  authorized  attorney.  A request for copies of
 4    the records shall be in writing and shall be delivered to the
 5    administrator  or  manager  of  such  health  care   facility
 6    hospital.   The   health  care  facility  hospital  shall  be
 7    reimbursed by the person requesting copies of records at  the
 8    time  of  such copying for all reasonable expenses, including
 9    the costs of independent copy service companies, incurred  by
10    the  health  care  facility  hospital in connection with such
11    copying not to exceed a $20 handling  charge  for  processing
12    the  request  for copies, and 75 cents per page for the first
13    through 25th pages, 50 cents per page for  the  26th  through
14    50th  pages, and 25 cents per page for all pages in excess of
15    50 (except that the charge shall not exceed  $1.25  per  page
16    for any copies made from microfiche or microfilm), and actual
17    shipping  costs.  These rates shall be automatically adjusted
18    as set forth in Section 8-2006.   The  health  care  facility
19    hospital  may, however, charge for the reasonable cost of all
20    duplication of record material  or  information  that  cannot
21    routinely  be  copied  or duplicated on a standard commercial
22    photocopy machine such as x-ray films or pictures.
23        The requirements  of  this  Section  shall  be  satisfied
24    within  30  60  days of the receipt of a written request by a
25    patient, or by his or her legally authorized  representative,
26    for  his  or  her  physician,  or authorized attorney, or own
27    person. If the health care facility needs more time to comply
28    with the request, then within 30  days  after  receiving  the
29    request,  the facility must provide the requesting party with
30    a written statement of the reasons for the delay and the date
31    by which the requested information will be provided.  In  any
32    event, the facility must provide the requested information no
33    later than 60 days after receiving the request.
34        A  health  care  facility must provide the public with at
 
                            -3-      LRB093 04056 DRJ 13997 a
 1    least 30 days prior notice of the closure  of  the  facility.
 2    The  notice  must include an explanation of how copies of the
 3    facility's records may be accessed by  patients.  The  notice
 4    may  be  given  by  publication  in  a  newspaper  of general
 5    circulation in the area in which the health care facility  is
 6    located.
 7        Failure to comply with the time limit requirement of this
 8    Section  shall  subject  the  denying  party  to expenses and
 9    reasonable attorneys' fees incurred in  connection  with  any
10    court ordered enforcement of the provisions of this Section.
11    (Source: P.A. 84-7; 92-228, eff. 9-1-01.)

12        (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
13        Sec. 8-2003.  Records of physicians and other health care
14    practitioners.    In  this  Section, "practitioner" means any
15    health care practitioner, including other than  a  physician,
16    dentist,   podiatrist,  advanced  practice  nurse,  physician
17    assistant, clinical psychologist, or clinical social  worker.
18    The  term  includes  a   medical  office, health care clinic,
19    health   department,   group   practice,   and   any    other
20    organizational  structure   for  a  licensed  professional to
21    provide health care services. The term  does  not  include  a
22    health care facility as defined in Section 8-2001.
23        Every  physician and practitioner shall, upon the request
24    of any patient who has been  treated  by  such  physician  or
25    practitioner,  permit  the  patient  and  the  such patient's
26    physician, practitioner, or authorized  attorney  to  examine
27    and  copy the patient's records, including but not limited to
28    those  relating  to  the  diagnosis,  treatment,   prognosis,
29    history, charts, pictures and plates, kept in connection with
30    the  treatment  of  such patient.  Such request for examining
31    and copying of the records shall be in writing and  shall  be
32    delivered  to  such  physician  or practitioner. Such written
33    request  shall  be  complied  with  by   the   physician   or
 
                            -4-      LRB093 04056 DRJ 13997 a
 1    practitioner within a reasonable time after receipt by him or
 2    her at his or her office or any other place designated by him
 3    or her.
 4        The  requirements  of  this  Section  shall  be satisfied
 5    within 30 days of the receipt of a written  request.  If  the
 6    practitioner needs more time to comply with the request, then
 7    within  30 days after receiving the request, the practitioner
 8    must provide the requesting party with a written statement of
 9    the reasons for the delay and the date by which the requested
10    information will be provided.  In any event, the practitioner
11    must provide the requested information no later than 60  days
12    after receiving the request.
13        The  physician or practitioner shall be reimbursed by the
14    person requesting such records at the time of  such  copying,
15    for   all   reasonable   expenses,  including  the  costs  of
16    independent copy service companies, incurred by the physician
17    or practitioner in connection with such copying not to exceed
18    a $20 handling charge for processing the request for  copies,
19    and  75  cents  per page for the first through 25th pages, 50
20    cents per page for the 26th through 50th pages, and 25  cents
21    per  page  for  all  pages  in  excess of 50 (except that the
22    charge shall not exceed $1.25 per page for  any  copies  made
23    from  microfiche  or  microfilm),  and actual shipping costs.
24    These rates shall be automatically adjusted as set  forth  in
25    Section  8-2006.   The  physician  or other practitioner may,
26    however, charge for the reasonable cost of all duplication of
27    record material  or  information  that  cannot  routinely  be
28    copied  or  duplicated  on  a  standard  commercial photocopy
29    machine such as x-ray films or pictures.
30        A health care practitioner must provide the  public  with
31    at  least  30  days  prior  notice  of  the  closure  of  the
32    practitioner's   practice.   The   notice   must  include  an
33    explanation of how copies of  the practitioner's records  may
34    be   accessed  by  patients.  The  notice  may  be  given  by
 
                            -5-      LRB093 04056 DRJ 13997 a
 1    publication in a newspaper of general circulation in the area
 2    in which the health care practitioner's practice is located.
 3        The requirements  of  this  Section  shall  be  satisfied
 4    within  60  days  of the receipt of a request by a patient or
 5    his or her physician, practitioner, or authorized attorney.
 6        Failure to comply with the time limit requirement of this
 7    Section shall subject  the  denying  party  to  expenses  and
 8    reasonable  attorneys'  fees  incurred in connection with any
 9    court ordered enforcement of the provisions of this Section.
10    (Source: P.A. 84-7; 92-228, eff. 9-1-01.)

11        (735 ILCS 5/8-2004 rep.)
12        Section 6.  The Code of Civil  Procedure  is  amended  by
13    repealing Section 8-2004.

14        Section  99.  Effective date.  This Act takes effect upon
15    becoming law.".