Illinois General Assembly - Full Text of SB3171
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Full Text of SB3171  97th General Assembly




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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Civil Procedure is amended by
5changing Sections 8-2001 and 8-2001.5 as follows:
6    (735 ILCS 5/8-2001)  (from Ch. 110, par. 8-2001)
7    Sec. 8-2001. Examination of health care records.
8    (a) In this Section:
9    "Health care facility" or "facility" means a public or
10private hospital, ambulatory surgical treatment center,
11nursing home, independent practice association, or physician
12hospital organization, or any other entity where health care
13services are provided to any person. The term does not include
14a health care practitioner.
15    "Health care practitioner" means any health care
16practitioner, including a physician, dentist, podiatrist,
17advanced practice nurse, physician assistant, clinical
18psychologist, or clinical social worker. The term includes a
19medical office, health care clinic, health department, group
20practice, and any other organizational structure for a licensed
21professional to provide health care services. The term does not
22include a health care facility.
23    (b) Every private and public health care facility shall,



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1upon the request of any patient who has been treated in such
2health care facility, or any person, entity, or organization
3presenting a valid authorization for the release of records
4signed by the patient or the patient's legally authorized
5representative, or as authorized by Section 8-2001.5, permit
6the patient, his or her health care practitioner, authorized
7attorney, or any person, entity, or organization presenting a
8valid authorization for the release of records signed by the
9patient or the patient's legally authorized representative to
10examine the health care facility patient care records,
11including but not limited to the history, bedside notes,
12charts, pictures and plates, kept in connection with the
13treatment of such patient, and permit copies of such records to
14be made by him or her or his or her health care practitioner or
15authorized attorney.
16    (c) Every health care practitioner shall, upon the request
17of any patient who has been treated by the health care
18practitioner, or any person, entity, or organization
19presenting a valid authorization for the release of records
20signed by the patient or the patient's legally authorized
21representative, permit the patient and the patient's health
22care practitioner or authorized attorney, or any person,
23entity, or organization presenting a valid authorization for
24the release of records signed by the patient or the patient's
25legally authorized representative, to examine and copy the
26patient's records, including but not limited to those relating



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1to the diagnosis, treatment, prognosis, history, charts,
2pictures and plates, kept in connection with the treatment of
3such patient.
4    (d) A request for copies of the records shall be in writing
5and shall be delivered to the administrator or manager of such
6health care facility or to the health care practitioner. The
7person (including patients, health care practitioners and
8attorneys) requesting copies of records shall reimburse the
9facility or the health care practitioner at the time of such
10copying for all reasonable expenses, including the costs of
11independent copy service companies, incurred in connection
12with such copying not to exceed a $20 handling charge for
13processing the request and the actual postage or shipping
14charge, if any, plus: (1) for paper copies 75 cents per page
15for the first through 25th pages, 50 cents per page for the
1626th through 50th pages, and 25 cents per page for all pages in
17excess of 50 (except that the charge shall not exceed $1.25 per
18page for any copies made from microfiche or microfilm; records
19retrieved from scanning, digital imaging, electronic
20information or other digital format do not qualify as
21microfiche or microfilm retrieval for purposes of calculating
22charges); and (2) for electronic records, retrieved from a
23scanning, digital imaging, electronic information or other
24digital format in a electronic document, a charge of 50% of the
25per page charge for paper copies under subdivision (d)(1). This
26per page charge includes the cost of each CD Rom, DVD, or other



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1storage media. Records already maintained in an electronic or
2digital format shall be provided in an electronic format when
3so requested. If the records system does not allow for the
4creation or transmission of an electronic or digital record,
5then the facility or practitioner shall inform the requester in
6writing of the reason the records can not be provided
7electronically. The written explanation may be included with
8the production of paper copies, if the requester chooses to
9order paper copies. These rates shall be automatically adjusted
10as set forth in Section 8-2006. The facility or health care
11practitioner may, however, charge for the reasonable cost of
12all duplication of record material or information that cannot
13routinely be copied or duplicated on a standard commercial
14photocopy machine such as x-ray films or pictures.
15    (d-5) The handling fee shall not be collected from the
16patient or the patient's personal representative who obtains
17copies of records under Section 8-2001.5.
18    (e) The requirements of this Section shall be satisfied
19within 30 days of the receipt of a written request by a patient
20or by his or her legally authorized representative, health care
21practitioner, authorized attorney, or any person, entity, or
22organization presenting a valid authorization for the release
23of records signed by the patient or the patient's legally
24authorized representative. If the facility or health care
25practitioner needs more time to comply with the request, then
26within 30 days after receiving the request, the facility or



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1health care practitioner must provide the requesting party with
2a written statement of the reasons for the delay and the date
3by which the requested information will be provided. In any
4event, the facility or health care practitioner must provide
5the requested information no later than 60 days after receiving
6the request.
7    (f) A health care facility or health care practitioner must
8provide the public with at least 30 days prior notice of the
9closure of the facility or the health care practitioner's
10practice. The notice must include an explanation of how copies
11of the facility's records may be accessed by patients. The
12notice may be given by publication in a newspaper of general
13circulation in the area in which the health care facility or
14health care practitioner is located.
15    (g) Failure to comply with the time limit requirement of
16this Section shall subject the denying party to expenses and
17reasonable attorneys' fees incurred in connection with any
18court ordered enforcement of the provisions of this Section.
19(Source: P.A. 97-623, eff. 11-23-11.)
20    (735 ILCS 5/8-2001.5)
21    Sec. 8-2001.5. Authorization for release of a deceased
22patient's records.
23    (a) In addition to disclosure allowed under Section 8-802,
24a deceased person's health care records must may be released
25upon written request of the executor or administrator of the



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1deceased person's estate or to an agent appointed by the
2deceased under a power of attorney for health care. When no
3executor, administrator, or agent exists, and the person did
4not specifically object to disclosure of his or her records in
5writing, then a deceased person's health care records must may
6be released upon the written request of a person, who is
7considered to be a personal representative of the patient for
8the purpose of the release of a deceased patient's health care
9records, in one of these categories:
10        (1) the deceased person's surviving spouse; or
11        (2) if there is no surviving spouse, any one or more of
12    the following: (i) an adult son or daughter of the
13    deceased, (ii) a parent of the deceased, or (iii) an adult
14    brother or sister of the deceased.
15    (b) Health care facilities and practitioners are
16authorized to provide a copy of a deceased patient's records
17based upon a person's payment of the statutory fee and signed
18"Authorized Relative Certification", attesting to the fact
19that the person is authorized to receive such records under
20this Section.
21    (c) Any person who, in good faith, relies on a copy of an
22Authorized Relative Certification shall have the same
23immunities from criminal and civil liability as those who rely
24on a power of attorney for health care as provided by Illinois
26    (d) Upon request for records of a deceased patient, the



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1named authorized relative shall provide the facility or
2practitioner with a certified copy of the death certificate and
3a certification in substantially the following form:

5    I, (insert name of authorized relative), certify that I am
6an authorized relative of the deceased (insert name of
7deceased). (A certified copy of the death certificate must be
9    I certify that to the best of my knowledge and belief that
10no executor or administrator has been appointed for the
11deceased's estate, that no agent was authorized to act for the
12deceased under a power of attorney for health care, and the
13deceased has not specifically objected to disclosure in
15    I certify that I am the surviving spouse of the deceased;
17    I certify that there is no surviving spouse and my
18relationship to the deceased is (circle one):
19        (1) An adult son or daughter of the deceased.
20        (2) Either parent of the deceased.
21        (3) An adult brother or sister of the deceased.



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1    I certify that I am seeking the records as a personal
2representative who is acting in a representative capacity and
3who is authorized to seek these records under Section 8-2001.5
4of the Code of Civil Procedure.
5    This certification is made under penalty of perjury.*
6Dated: (insert date)
8(Print Authorized Relative's Name)
10(Authorized Relative's Signature)
12(Authorized Relative's Address)
13*(Note: Perjury is defined in Section 32-2 of the Criminal Code
14of 1961, and is a Class 3 felony.)
15(Source: P.A. 97-623, eff. 11-23-11.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.