Illinois General Assembly - Full Text of HB4848
Illinois General Assembly

Previous General Assemblies

Full Text of HB4848  100th General Assembly




HB4848 EnrolledLRB100 19096 HEP 34353 b

1    AN ACT concerning civil law.
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 Section 8-2001 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, podiatric
17physician, advanced practice registered nurse, physician
18assistant, clinical psychologist, or clinical social worker.
19The term includes a medical office, health care clinic, health
20department, group practice, and any other organizational
21structure for a licensed professional to provide health care
22services. The term does not include a health care facility.
23    (b) Every private and public health care facility shall,



HB4848 Enrolled- 2 -LRB100 19096 HEP 34353 b

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



HB4848 Enrolled- 3 -LRB100 19096 HEP 34353 b

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 an electronic document, a charge of 50% of
25the per page charge for paper copies under subdivision (d)(1).
26This per page charge includes the cost of each CD Rom, DVD, or



HB4848 Enrolled- 4 -LRB100 19096 HEP 34353 b

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



HB4848 Enrolled- 5 -LRB100 19096 HEP 34353 b

1within 30 days after receiving the request, the facility or
2health care practitioner must provide the requesting party with
3a written statement of the reasons for the delay and the date
4by which the requested information will be provided. In any
5event, the facility or health care practitioner must provide
6the requested information no later than 60 days after receiving
7the request.
8    (f) A health care facility or health care practitioner must
9provide the public with at least 30 days prior notice of the
10closure of the facility or the health care practitioner's
11practice. The notice must include an explanation of how copies
12of the facility's records may be accessed by patients. The
13notice may be given by publication in a newspaper of general
14circulation in the area in which the health care facility or
15health care practitioner is located.
16    (g) Failure to comply with the time limit requirement of
17this Section shall subject the denying party to expenses and
18reasonable attorneys' fees incurred in connection with any
19court ordered enforcement of the provisions of this Section.
20    (h) Notwithstanding any other provision of the law in
21recognition of service provided, a health care facility or
22health care practitioner shall provide without charge one
23complete copy of a patient's records if: (1) the patient is an
24indigent homeless veteran; and (2) the records are being
25requested by the patient or a person, entity, or organization
26presenting a valid authorization for the release of records



HB4848 Enrolled- 6 -LRB100 19096 HEP 34353 b

1signed by the patient or the patient's legally authorized
2representative, for the purpose of supporting a claim for
3federal veterans' disability benefits.
4(Source: P.A. 100-513, eff. 1-1-18.)