093_HB1038sam001
LRB093 05531 DRJ 16193 a
1 AMENDMENT TO HOUSE BILL 1038
2 AMENDMENT NO. . Amend House Bill 1038 by replacing
3 the title with the following:
4 "AN ACT concerning patient health information."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Code of Civil Procedure is amended by
8 changing Sections 8-2001 and 8-2003 as follows:
9 (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
10 Sec. 8-2001. Examination of records.
11 In this Section, "health care facility" or "facility"
12 means a public or private hospital, ambulatory surgical
13 treatment center, nursing home, independent practice
14 association, or physician hospital organization, or any other
15 entity where health care services are provided to any person.
16 The term does not include an organizational structure whose
17 records are subject to Section 8-2003.
18 Every private and public health care facilityhospital
19 shall, upon the request of any patient who has been treated
20 in such health care facilityhospital and after his or her
21 discharge therefrom, permit the patient, his or her physician
-2- LRB093 05531 DRJ 16193 a
1 or authorized attorney to examine the health care facility
2 patient carehospital records, including but not limited to
3 the history, bedside notes, charts, pictures and plates, kept
4 in connection with the treatment of such patient, and permit
5 copies of such records to be made by him or her or his or her
6 physician or authorized attorney. A request for copies of
7 the records shall be in writing and shall be delivered to the
8 administrator or manager of such health care facility
9 hospital. The health care facilityhospital shall be
10 reimbursed by the person requesting copies of records at the
11 time of such copying for all reasonable expenses, including
12 the costs of independent copy service companies, incurred by
13 the health care facilityhospital in connection with such
14 copying not to exceed a $20 handling charge for processing
15 the request for copies, and 75 cents per page for the first
16 through 25th pages, 50 cents per page for the 26th through
17 50th pages, and 25 cents per page for all pages in excess of
18 50 (except that the charge shall not exceed $1.25 per page
19 for any copies made from microfiche or microfilm), and actual
20 shipping costs. These rates shall be automatically adjusted
21 as set forth in Section 8-2006. The health care facility
22 hospital may, however, charge for the reasonable cost of all
23 duplication of record material or information that cannot
24 routinely be copied or duplicated on a standard commercial
25 photocopy machine such as x-ray films or pictures.
26 The requirements of this Section shall be satisfied
27 within 3060 days of the receipt of a written request by a
28 patient,or by his or her legally authorized representative,
29 for his or her physician, or authorized attorney, or own
30 person. If the health care facility needs more time to comply
31 with the request, then within 30 days after receiving the
32 request, the facility must provide the requesting party with
33 a written statement of the reasons for the delay and the date
34 by which the requested information will be provided. In any
-3- LRB093 05531 DRJ 16193 a
1 event, the facility must provide the requested information no
2 later than 60 days after receiving the request.
3 A health care facility must provide the public with at
4 least 30 days prior notice of the closure of the facility.
5 The notice must include an explanation of how copies of the
6 facility's records may be accessed by patients. The notice
7 may be given by publication in a newspaper of general
8 circulation in the area in which the health care facility is
9 located.
10 Failure to comply with the time limit requirement of this
11 Section shall subject the denying party to expenses and
12 reasonable attorneys' fees incurred in connection with any
13 court ordered enforcement of the provisions of this Section.
14 (Source: P.A. 84-7; 92-228, eff. 9-1-01.)
15 (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
16 Sec. 8-2003. Records of physicians and other health care
17 practitioners. In this Section, "practitioner" means any
18 health care practitioner, includingother than a physician,
19 dentist, podiatrist, advanced practice nurse, physician
20 assistant, clinical psychologist, or clinical social worker.
21 The term includes a medical office, health care clinic,
22 health department, group practice, and any other
23 organizational structure for a licensed professional to
24 provide health care services. The term does not include a
25 health care facility as defined in Section 8-2001.
26 Every physician and practitioner shall, upon the request
27 of any patient who has been treated by such physician or
28 practitioner, permit the patient and thesuch patient's
29 physician, practitioner, or authorized attorney to examine
30 and copy the patient's records, including but not limited to
31 those relating to the diagnosis, treatment, prognosis,
32 history, charts, pictures and plates, kept in connection with
33 the treatment of such patient. Such request for examining
-4- LRB093 05531 DRJ 16193 a
1 and copying of the records shall be in writing and shall be
2 delivered to such physician or practitioner. Such written
3 request shall be complied with by the physician or
4 practitioner within a reasonable time after receipt by him or
5 her at his or her office or any other place designated by him
6 or her.
7 The requirements of this Section shall be satisfied
8 within 30 days of the receipt of a written request. If the
9 practitioner needs more time to comply with the request, then
10 within 30 days after receiving the request, the practitioner
11 must provide the requesting party with a written statement of
12 the reasons for the delay and the date by which the requested
13 information will be provided. In any event, the practitioner
14 must provide the requested information no later than 60 days
15 after receiving the request.
16 The physician or practitioner shall be reimbursed by the
17 person requesting such records at the time of such copying,
18 for all reasonable expenses, including the costs of
19 independent copy service companies, incurred by the physician
20 or practitioner in connection with such copying not to exceed
21 a $20 handling charge for processing the request for copies,
22 and 75 cents per page for the first through 25th pages, 50
23 cents per page for the 26th through 50th pages, and 25 cents
24 per page for all pages in excess of 50 (except that the
25 charge shall not exceed $1.25 per page for any copies made
26 from microfiche or microfilm), and actual shipping costs.
27 These rates shall be automatically adjusted as set forth in
28 Section 8-2006. The physician or other practitioner may,
29 however, charge for the reasonable cost of all duplication of
30 record material or information that cannot routinely be
31 copied or duplicated on a standard commercial photocopy
32 machine such as x-ray films or pictures.
33 A health care practitioner must provide the public with
34 at least 30 days prior notice of the closure of the
-5- LRB093 05531 DRJ 16193 a
1 practitioner's practice. The notice must include an
2 explanation of how copies of the practitioner's records may
3 be accessed by patients. The notice may be given by
4 publication in a newspaper of general circulation in the area
5 in which the health care practitioner's practice is located.
6 The requirements of this Section shall be satisfied
7 within 60 days of the receipt of a request by a patient or
8 his or her physician, practitioner, or authorized attorney.
9 Failure to comply with the time limit requirement of this
10 Section shall subject the denying party to expenses and
11 reasonable attorneys' fees incurred in connection with any
12 court ordered enforcement of the provisions of this Section.
13 (Source: P.A. 84-7; 92-228, eff. 9-1-01.)
14 (735 ILCS 5/8-2004 rep.)
15 Section 6. The Code of Civil Procedure is amended by
16 repealing Section 8-2004.
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.".