Full Text of HB0830 95th General Assembly
HB0830sam007 95TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 5/31/2007
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| AMENDMENT TO HOUSE BILL 830
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| AMENDMENT NO. ______. Amend House Bill 830, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Code of Civil Procedure is amended, if and | 6 |
| only if Senate Bill 472 of the 95th General Assembly becomes | 7 |
| law, by changing Section 8-2001 as follows:
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| (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
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| Sec. 8-2001. Examination of health care records.
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| (a) In this Section: | 11 |
| "Health care facility" or "facility" means a public or
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| private hospital, ambulatory surgical treatment center, | 13 |
| nursing home,
independent practice association, or physician | 14 |
| hospital organization, or any
other entity where health care | 15 |
| services are provided to any person. The term
does not include | 16 |
| a health care practitioner.
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| "Health care practitioner" means any health care | 2 |
| practitioner, including a physician, dentist, podiatrist, | 3 |
| advanced practice nurse, physician assistant, clinical | 4 |
| psychologist, or clinical social worker. The term includes a | 5 |
| medical office, health care clinic, health department, group | 6 |
| practice, and any other organizational structure for a licensed | 7 |
| professional to provide health care services. The term does not | 8 |
| include a health care facility.
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| (b) Every private and public health care facility shall, | 10 |
| upon the request of any
patient who has been treated in such | 11 |
| health care facility, or any person, entity, or organization | 12 |
| presenting a valid authorization for the release of records | 13 |
| signed by the patient or the patient's legally authorized | 14 |
| representative, permit the patient,
his or her healthcare | 15 |
| practitioner,
authorized attorney, or any person, entity, or | 16 |
| organization presenting a valid authorization for the release | 17 |
| of records signed by the patient or the patient's legally | 18 |
| authorized representative to examine the health care facility
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| patient care records,
including but not limited to the history, | 20 |
| bedside notes, charts, pictures
and plates, kept in connection | 21 |
| with the treatment of such patient, and
permit copies of such | 22 |
| records to be made by him or her or his or her
healthcare | 23 |
| practitioner or authorized attorney. | 24 |
| (c) Every health care practitioner shall, upon the request | 25 |
| of any patient who has been treated by the health care | 26 |
| practitioner, or any person, entity, or organization |
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| presenting a valid authorization for the release of records | 2 |
| signed by the patient or the patient's legally authorized | 3 |
| representative, permit the patient and the patient's health | 4 |
| care practitioner or authorized attorney, or any person, | 5 |
| entity, or organization presenting a valid authorization for | 6 |
| the release of records signed by the patient or the patient's | 7 |
| legally authorized representative, to examine and copy the | 8 |
| patient's records, including but not limited to those relating | 9 |
| to the diagnosis, treatment, prognosis, history, charts, | 10 |
| pictures and plates, kept in connection with the treatment of | 11 |
| such patient. | 12 |
| (d) A request for copies of the records shall
be in writing | 13 |
| and shall be delivered to the administrator or manager of
such | 14 |
| health care facility or to the health care practitioner. The
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| person (including patients, health care practitioners and | 16 |
| attorneys)
requesting copies of records shall reimburse the | 17 |
| facility or the health care practitioner at the time of such | 18 |
| copying for all
reasonable expenses, including the costs of | 19 |
| independent copy service companies,
incurred in connection | 20 |
| with such copying not to
exceed a $20 handling charge for | 21 |
| processing the
request and the actual postage or shipping | 22 |
| charge, if any, plus: (1) for paper copies
75 cents per page | 23 |
| for the first through 25th pages, 50
cents per page for the | 24 |
| 26th through 50th pages, and 25 cents per page for all
pages in | 25 |
| excess of 50 (except that the charge shall not exceed $1.25 per | 26 |
| page
for any copies made from microfiche or microfilm; records |
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| retrieved from scanning, digital imaging, electronic | 2 |
| information or other digital format do not qualify as | 3 |
| microfiche or microfilm retrieval for purposes of calculating | 4 |
| charges); and (2) for electronic records, retrieved from a | 5 |
| scanning, digital imaging, electronic information or other | 6 |
| digital format in a electronic document, a charge of 50% of the | 7 |
| per page charge for paper copies under subdivision (d)(1). This | 8 |
| per page charge includes the cost of
75 cents for each CD Rom, | 9 |
| DVD, or other storage media. Records already maintained in an | 10 |
| electronic or digital format shall be provided in an electronic | 11 |
| format when so requested.
If the records system does not allow | 12 |
| for the creation or transmission of an electronic or digital | 13 |
| record, then the facility or practitioner shall inform the | 14 |
| requester in writing of the reason the records can not be | 15 |
| provided electronically. The written explanation may be | 16 |
| included with the production of paper copies, if the requester | 17 |
| chooses to order paper copies. These rates shall be | 18 |
| automatically adjusted as set forth in Section 8-2006.
The | 19 |
| facility or health care practitioner may, however, charge for | 20 |
| the
reasonable cost of all duplication of
record material or | 21 |
| information that cannot routinely be copied or duplicated on
a | 22 |
| standard commercial photocopy machine such as x-ray films or | 23 |
| pictures.
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| (e) The requirements of this Section shall be satisfied | 25 |
| within 30 days of the
receipt of a written request by a patient | 26 |
| or by his or her legally authorized
representative, healthcare |
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| practitioner,
authorized attorney, or any person, entity, or | 2 |
| organization presenting a valid authorization for the release | 3 |
| of records signed by the patient or the patient's legally | 4 |
| authorized representative. If the facility
or health care | 5 |
| practitioner needs more time to comply with the request, then | 6 |
| within 30 days after receiving
the request, the facility or | 7 |
| health care practitioner must provide the requesting party with | 8 |
| a written
statement of the reasons for the delay and the date | 9 |
| by which the requested
information will be provided. In any | 10 |
| event, the facility or health care practitioner must provide | 11 |
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requested information no later than 60 days after receiving | 12 |
| the request.
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| (f) A health care facility or health care practitioner must | 14 |
| provide the public with at least 30 days prior
notice of the | 15 |
| closure of the facility or the health care practitioner's | 16 |
| practice. The notice must include an explanation
of how copies | 17 |
| of the facility's records may be accessed by patients. The
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| notice may be given by publication in a newspaper of general | 19 |
| circulation in the
area in which the health care facility or | 20 |
| health care practitioner is located.
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| (g) Failure to comply with the time limit requirement of | 22 |
| this Section shall
subject the denying party to expenses and | 23 |
| reasonable attorneys' fees
incurred in connection with any | 24 |
| court ordered enforcement of the provisions
of this Section.
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| (Source: P.A. 93-87, eff. 7-2-03; 94-155, eff. 1-1-06; | 26 |
| 09500SB0472ham001.)
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| Section 10. "An Act concerning civil law", Senate Bill 472 | 2 |
| of the 95th General Assembly, is amended, if and only if Senate | 3 |
| Bill 472 of the 95th General Assembly becomes law, by changing | 4 |
| Section 99 as follows: | 5 |
| (SB 472, 95th G.A., Sec. 99)
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| Sec. 99. Effective date. This Act takes effect upon | 7 |
| becoming law , except that the provisions amending the Code of | 8 |
| Civil Procedure by changing Sections 8-2001, 8-2005, and 8-2006 | 9 |
| and repealing Section 8-2003 take effect on January 1, 2008 .
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| (Source: 09500SB0472ham001.)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law, except Section 5 takes effect on January 1, | 13 |
| 2008.".
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