Rep. Sidney H. Mathias

Filed: 4/3/2006

 

 


 

 


 
09400SB2295ham004 LRB094 16335 AJO 57933 a

1
AMENDMENT TO SENATE BILL 2295

2     AMENDMENT NO. ______. Amend Senate Bill 2295, 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 8-802, 8-2001, and 8-2006 as follows:
 
7     (735 ILCS 5/8-802)  (from Ch. 110, par. 8-802)
8     Sec. 8-802. Physician and patient. No physician or surgeon
9 shall be permitted to disclose any information he or she may
10 have acquired in attending any patient in a professional
11 character, necessary to enable him or her professionally to
12 serve the patient, except only (1) in trials for homicide when
13 the disclosure relates directly to the fact or immediate
14 circumstances of the homicide, (2) in actions, civil or
15 criminal, against the physician for malpractice, (3) with the
16 expressed consent of the patient, or in case of his or her
17 death or disability, of his or her personal representative or
18 other person authorized to sue for personal injury or of the
19 beneficiary of an insurance policy on his or her life, health,
20 or physical condition, (4) in all actions brought by or against
21 the patient, his or her personal representative, a beneficiary
22 under a policy of insurance, or the executor or administrator
23 of his or her estate wherein the patient's physical or mental
24 condition is an issue, (5) upon an issue as to the validity of

 

 

09400SB2295ham004 - 2 - LRB094 16335 AJO 57933 a

1 a document as a will of the patient, (6) in any criminal action
2 where the charge is either first degree murder by abortion,
3 attempted abortion or abortion, (7) in actions, civil or
4 criminal, arising from the filing of a report in compliance
5 with the Abused and Neglected Child Reporting Act, (8) to any
6 department, agency, institution or facility which has custody
7 of the patient pursuant to State statute or any court order of
8 commitment, (9) in prosecutions where written results of blood
9 alcohol tests are admissible pursuant to Section 11-501.4 of
10 the Illinois Vehicle Code, (10) in prosecutions where written
11 results of blood alcohol tests are admissible under Section
12 5-11a of the Boat Registration and Safety Act, or (11) in
13 criminal actions arising from the filing of a report of
14 suspected terrorist offense in compliance with Section
15 29D-10(p)(7) of the Criminal Code of 1961, or (12) upon the
16 issuance of a subpoena pursuant to Section 38 of the Medical
17 Practice Act of 1987; the issuance of a subpoena pursuant to
18 Section 25.1 of the Illinois Dental Practice Act; or the
19 issuance of a subpoena pursuant to Section 22 of the Nursing
20 Home Administrators Licensing and Disciplinary Act.
21     In the event of a conflict between the application of this
22 Section and the Mental Health and Developmental Disabilities
23 Confidentiality Act to a specific situation, the provisions of
24 the Mental Health and Developmental Disabilities
25 Confidentiality Act shall control.
26 (Source: P.A. 87-803; 92-854, eff. 12-5-02.)
 
27     (735 ILCS 5/8-2001)  (from Ch. 110, par. 8-2001)
28     Sec. 8-2001. Examination of health care records.
29     (a) In this Section: ,
30     "Health health care facility" or "facility" means a public
31 or private hospital, ambulatory surgical treatment center,
32 nursing home, independent practice association, or physician
33 hospital organization, or any other entity where health care

 

 

09400SB2295ham004 - 3 - LRB094 16335 AJO 57933 a

1 services are provided to any person. The term does not include
2 a health care practitioner an organizational structure whose
3 records are subject to Section 8-2003.
4     "Health care practitioner" means any health care
5 practitioner, including a physician, dentist, podiatrist,
6 advanced practice nurse, physician assistant, clinical
7 psychologist, or clinical social worker. The term includes a
8 medical office, health care clinic, health department, group
9 practice, and any other organizational structure for a licensed
10 professional to provide health care services. The term does not
11 include a health care facility.
12     (b) Every private and public health care facility shall,
13 upon the request of any patient who has been treated in such
14 health care facility, or any person, entity, or organization
15 presenting a valid authorization for the release of records
16 signed by the patient or the patient's legally authorized
17 representative, permit the patient, his or her health care
18 practitioner physician, authorized attorney, or any person,
19 entity, or organization presenting a valid authorization for
20 the release of records signed by the patient or the patient's
21 legally authorized representative to examine the health care
22 facility patient care records, including but not limited to the
23 history, bedside notes, charts, pictures and plates, kept in
24 connection with the treatment of such patient, and permit
25 copies of such records to be made by him or her or his or her
26 health care practitioner physician or authorized attorney.
27     (c) Every health care practitioner shall, upon the request
28 of any patient who has been treated by the health care
29 practitioner, or any person, entity, or organization
30 presenting a valid authorization for the release of records
31 signed by the patient or the patient's legally authorized
32 representative, permit the patient and the patient's health
33 care practitioner or authorized attorney, or any person,
34 entity, or organization presenting a valid authorization for

 

 

09400SB2295ham004 - 4 - LRB094 16335 AJO 57933 a

1 the release of records signed by the patient or the patient's
2 legally authorized representative, to examine and copy the
3 patient's records, including but not limited to those relating
4 to the diagnosis, treatment, prognosis, history, charts,
5 pictures and plates, kept in connection with the treatment of
6 such patient.
7     (d) A request for copies of the records shall be in writing
8 and shall be delivered to the administrator or manager of such
9 health care facility or to the health care practitioner. The
10 health care facility shall be reimbursed by the person
11 requesting copies of records shall reimburse the facility or
12 the health care practitioner with the requested record at the
13 time of such copying for all reasonable expenses, including the
14 costs of independent copy service companies, incurred by the
15 health care facility in connection with such copying not to
16 exceed a $20 handling charge for processing the request for
17 copies, and 75 cents per page for the first through 25th pages,
18 50 cents per page for the 26th through 50th pages, and 25 cents
19 per page for all pages in excess of 50 (except that the charge
20 shall not exceed $1.25 per page for any copies made from
21 microfiche or microfilm), and actual shipping costs. These
22 rates shall be automatically adjusted as set forth in Section
23 8-2006. The health care facility or health care practitioner
24 may, however, charge for the reasonable cost of all duplication
25 of record material or information that cannot routinely be
26 copied or duplicated on a standard commercial photocopy machine
27 such as x-ray films or pictures.
28     (e) The requirements of this Section shall be satisfied
29 within 30 days of the receipt of a written request by a patient
30 or by his or her legally authorized representative, health care
31 practitioner physician, authorized attorney, or any person,
32 entity, or organization presenting a valid authorization for
33 the release of records signed by the patient or the patient's
34 legally authorized representative. If the health care facility

 

 

09400SB2295ham004 - 5 - LRB094 16335 AJO 57933 a

1 or health care practitioner needs more time to comply with the
2 request, then within 30 days after receiving the request, the
3 facility or health care practitioner must provide the
4 requesting party with a written statement of the reasons for
5 the delay and the date by which the requested information will
6 be provided. In any event, the facility or health care
7 practitioner must provide the requested information no later
8 than 60 days after receiving the request.
9     (f) A health care facility or health care practitioner must
10 provide the public with at least 30 days prior notice of the
11 closure of the facility or the health care practitioner's
12 practice. The notice must include an explanation of how copies
13 of the facility's records may be accessed by patients. The
14 notice may be given by publication in a newspaper of general
15 circulation in the area in which the health care facility or
16 health care practitioner is located.
17     (g) Failure to comply with the time limit requirement of
18 this Section shall subject the denying party to expenses and
19 reasonable attorneys' fees incurred in connection with any
20 court ordered enforcement of the provisions of this Section.
21 (Source: P.A. 93-87, eff. 7-2-03; 94-155, eff. 1-1-06.)
 
22     (735 ILCS 5/8-2006)
23     Sec. 8-2006. Copying fees; adjustment for inflation.
24 Beginning in 2003, every January 20, the copying fee limits
25 established in Sections 8-2001, 8-2003, 8-2004, and 8-2005
26 shall automatically be increased or decreased, as applicable,
27 by a percentage equal to the percentage change in the consumer
28 price index-u during the preceding 12-month calendar year.
29 "Consumer price index-u" means the index published by the
30 Bureau of Labor Statistics of the United States Department of
31 Labor that measures the average change in prices of goods and
32 services purchased by all urban consumers, United States city
33 average, all items, 1982-84 = 100. The new amount resulting

 

 

09400SB2295ham004 - 6 - LRB094 16335 AJO 57933 a

1 from each annual adjustment shall be determined by the
2 Comptroller and made available to the public on January 20 of
3 every year.
4 (Source: P.A. 92-228, eff. 9-1-01.)
 
5     (735 ILCS 5/8-2003 rep.)
6     Section 10. The Code of Civil Procedure is amended by
7 repealing Section 8-2003.".