093_SB1414ham001

 










                                     LRB093 03379 NHT 15225 a

 1                    AMENDMENT TO SENATE BILL 1414

 2        AMENDMENT NO.     .  Amend Senate Bill 1414 by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Hospital  Licensing Act is amended by
 5    changing Section 6.17 as follows:

 6        (210 ILCS 85/6.17)
 7        Sec. 6.17.  Protection  of  and  confidential  access  to
 8    medical records and information.
 9        (a)  Every hospital licensed under this Act shall develop
10    a medical record for each of its patients as required by  the
11    Department by rule.
12        (b)  All   information   regarding   a  hospital  patient
13    gathered by the hospital's medical staff and its  agents  and
14    employees  shall  be  the  property and responsibility of the
15    hospital and must be protected from inappropriate  disclosure
16    as provided in this Section.
17        (c)  Every hospital shall preserve its medical records in
18    a  format  and  for a duration established by hospital policy
19    and for not less than 10 years, provided that if the hospital
20    has been notified  in  writing  by  an  attorney  before  the
21    expiration  of  the  10  year  retention period that there is
22    litigation  pending  in  court  involving  the  record  of  a
 
                            -2-      LRB093 03379 NHT 15225 a
 1    particular patient as possible evidence and that the  patient
 2    is  his  client  or  is  the  person  who has instituted such
 3    litigation against his client, then the hospital shall retain
 4    the record of that patient until notified in writing  by  the
 5    plaintiff's  attorney,  with  the approval of the defendant's
 6    attorney of record, that the case  in  court  involving  such
 7    record  has  been  concluded or for a period of 12 years from
 8    the date that the record was produced, whichever occurs first
 9    in time.
10        (d)  No member of a hospital's medical staff and no agent
11    or employee of  a  hospital  shall  disclose  the  nature  or
12    details  of  services  provided  to patients, except that the
13    information  may  be  disclosed  to  the   patient,   persons
14    authorized   by  the  patient,  the  party  making  treatment
15    decisions, if the patient is incapable  of  making  decisions
16    regarding   the   health  services  provided,  those  parties
17    directly involved with providing treatment to the patient  or
18    processing  the  payment  for  that  treatment, those parties
19    responsible for peer review, utilization review  or,  quality
20    assurance,  risk  management,  or  defense  of claims brought
21    against the hospital arising  out  of  the  care,  and  those
22    parties   required  to  be  notified  under  the  Abused  and
23    Neglected  Child  Reporting  Act,   the   Illinois   Sexually
24    Transmissible   Disease   Control  Act,  or  where  otherwise
25    authorized or required by law.
26        (e)  The  hospital's  medical  staff  members   and   the
27    hospital's  agents and employees may communicate, at any time
28    and in any fashion,  with  legal  counsel  for  the  hospital
29    concerning  the  patient medical record privacy and retention
30    requirements of this Section and any care or  treatment  they
31    provided  or  assisted in providing to any patient within the
32    scope of their employment or affiliation with the hospital.
33        (e-5)  Notwithstanding  subsections  (d)  and  (e),   for
34    actions  filed on or after January 1, 2004, after a complaint
 
                            -3-      LRB093 03379 NHT 15225 a
 1    for healing art malpractice is served upon  the  hospital  or
 2    upon  its  agents  or  employees,  members  of the hospital's
 3    medical  staff  who  are  not  actual  or   alleged   agents,
 4    employees,  or  apparent  agents  of  the  hospital  may  not
 5    communicate  with legal counsel for the hospital or with risk
 6    management of the hospital concerning the  claim  alleged  in
 7    the   complaint  for  healing  art  malpractice  against  the
 8    hospital except with the patient's consent  or  in  discovery
 9    authorized  by  the  Code  of  Civil Procedure or the Supreme
10    Court rules.  For the  purposes  of  this  subsection  (e-5),
11    "hospital"  includes  a  hospital  affiliate  as  defined  in
12    subsection (b) of Section 10.8 of this Act.
13        (f)  Each  hospital licensed under this Act shall provide
14    its federally designated organ  procurement  agency  and  any
15    tissue bank with which it has an agreement with access to the
16    medical  records  of  deceased  patients  for  the  following
17    purposes:
18             (1)  estimating  the  hospital's  organ  and  tissue
19        donation potential;
20             (2)  identifying   the   educational  needs  of  the
21        hospital with respect to organ and tissue donation; and
22             (3)  identifying the  number  of  organ  and  tissue
23        donations  and  referrals  to  potential organ and tissue
24        donors.
25        (g)  All hospital and  patient  information,  interviews,
26    reports,  statements,  memoranda,  and other data obtained or
27    created by  a  tissue  bank  or  federally  designated  organ
28    procurement  agency from the medical records review described
29    in subsection (f) shall be privileged, strictly confidential,
30    and used only for the purposes put forth in subsection (f) of
31    this Section and shall not  be  admissible  as  evidence  nor
32    discoverable  in  an  action of any kind in court or before a
33    tribunal, board, agency, or person.
34        (h)  Any person who, in good faith,  acts  in  accordance
 
                            -4-      LRB093 03379 NHT 15225 a
 1    with  the  terms  of this Section shall not be subject to any
 2    type  of  civil  or  criminal  liability  or  discipline  for
 3    unprofessional  conduct   for   those   actions   under   any
 4    professional licensing statute.
 5        (i)  Any  individual  who  wilfully or wantonly discloses
 6    hospital or medical record information in violation  of  this
 7    Section  is guilty of a Class A misdemeanor.  As used in this
 8    subsection, "wilfully or wantonly" means a course  of  action
 9    that shows an actual or deliberate intention to cause harm or
10    that,  if  not intentional, shows an utter indifference to or
11    conscious  disregard  for  the  safety  of  others  or  their
12    property.
13        (j)  The changes to this Section made by this  amendatory
14    Act of the 93rd General Assembly apply to any action filed on
15    or after January 1, 2004.
16    (Source: P.A. 91-526, eff. 1-1-00.)

17        Section  99.  Effective  date.   This Act takes effect on
18    January 1, 2004.".