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


Rep. Dan Brady

Filed: 5/21/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 3171 by replacing
3everything after the enacting clause with the following:
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,



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1advanced practice nurse, physician assistant, clinical
2psychologist, or clinical social worker. The term includes a
3medical office, health care clinic, health department, group
4practice, and any other organizational structure for a licensed
5professional to provide health care services. The term does not
6include a health care facility.
7    (b) Every private and public health care facility shall,
8upon the request of any patient who has been treated in such
9health care facility, or any person, entity, or organization
10presenting a valid authorization for the release of records
11signed by the patient or the patient's legally authorized
12representative, or as authorized by Section 8-2001.5, permit
13the patient, his or her health care practitioner, authorized
14attorney, or any person, entity, or organization presenting a
15valid authorization for the release of records signed by the
16patient or the patient's legally authorized representative to
17examine the health care facility patient care records,
18including but not limited to the history, bedside notes,
19charts, pictures and plates, kept in connection with the
20treatment of such patient, and permit copies of such records to
21be made by him or her or his or her health care practitioner or
22authorized attorney.
23    (c) Every health care practitioner shall, upon the request
24of any patient who has been treated by the health care
25practitioner, or any person, entity, or organization
26presenting a valid authorization for the release of records



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1signed by the patient or the patient's legally authorized
2representative, permit the patient and the patient's health
3care practitioner or authorized attorney, or any person,
4entity, or organization presenting a valid authorization for
5the release of records signed by the patient or the patient's
6legally authorized representative, to examine and copy the
7patient's records, including but not limited to those relating
8to the diagnosis, treatment, prognosis, history, charts,
9pictures and plates, kept in connection with the treatment of
10such patient.
11    (d) A request for copies of the records shall be in writing
12and shall be delivered to the administrator or manager of such
13health care facility or to the health care practitioner. The
14person (including patients, health care practitioners and
15attorneys) requesting copies of records shall reimburse the
16facility or the health care practitioner at the time of such
17copying for all reasonable expenses, including the costs of
18independent copy service companies, incurred in connection
19with such copying not to exceed a $20 handling charge for
20processing the request and the actual postage or shipping
21charge, if any, plus: (1) for paper copies 75 cents per page
22for the first through 25th pages, 50 cents per page for the
2326th through 50th pages, and 25 cents per page for all pages in
24excess of 50 (except that the charge shall not exceed $1.25 per
25page for any copies made from microfiche or microfilm; records
26retrieved from scanning, digital imaging, electronic



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1information or other digital format do not qualify as
2microfiche or microfilm retrieval for purposes of calculating
3charges); and (2) for electronic records, retrieved from a
4scanning, digital imaging, electronic information or other
5digital format in a electronic document, a charge of 50% of the
6per page charge for paper copies under subdivision (d)(1). This
7per page charge includes the cost of each CD Rom, DVD, or other
8storage media. Records already maintained in an electronic or
9digital format shall be provided in an electronic format when
10so requested. If the records system does not allow for the
11creation or transmission of an electronic or digital record,
12then the facility or practitioner shall inform the requester in
13writing of the reason the records can not be provided
14electronically. The written explanation may be included with
15the production of paper copies, if the requester chooses to
16order paper copies. These rates shall be automatically adjusted
17as set forth in Section 8-2006. The facility or health care
18practitioner may, however, charge for the reasonable cost of
19all duplication of record material or information that cannot
20routinely be copied or duplicated on a standard commercial
21photocopy machine such as x-ray films or pictures.
22    (d-5) The handling fee shall not be collected from the
23patient or the patient's personal representative who obtains
24copies of records under Section 8-2001.5.
25    (e) The requirements of this Section shall be satisfied
26within 30 days of the receipt of a written request by a patient



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1or by his or her legally authorized representative, health care
2practitioner, authorized attorney, or any person, entity, or
3organization presenting a valid authorization for the release
4of records signed by the patient or the patient's legally
5authorized representative. If the facility or health care
6practitioner needs more time to comply with the request, then
7within 30 days after receiving the request, the facility or
8health care practitioner must provide the requesting party with
9a written statement of the reasons for the delay and the date
10by which the requested information will be provided. In any
11event, the facility or health care practitioner must provide
12the requested information no later than 60 days after receiving
13the request.
14    (f) A health care facility or health care practitioner must
15provide the public with at least 30 days prior notice of the
16closure of the facility or the health care practitioner's
17practice. The notice must include an explanation of how copies
18of the facility's records may be accessed by patients. The
19notice may be given by publication in a newspaper of general
20circulation in the area in which the health care facility or
21health care practitioner is located.
22    (g) Failure to comply with the time limit requirement of
23this Section shall subject the denying party to expenses and
24reasonable attorneys' fees incurred in connection with any
25court ordered enforcement of the provisions of this Section.
26(Source: P.A. 97-623, eff. 11-23-11.)



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1    (735 ILCS 5/8-2001.5)
2    Sec. 8-2001.5. Authorization for release of a deceased
3patient's records.
4    (a) In addition to disclosure allowed under Section 8-802,
5a deceased person's health care records must may be released
6upon written request of the executor or administrator of the
7deceased person's estate or to an agent appointed by the
8deceased under a power of attorney for health care. When no
9executor, administrator, or agent exists, and the person did
10not specifically object to disclosure of his or her records in
11writing, then a deceased person's health care records must may
12be released upon the written request of a person, who is
13considered to be a personal representative of the patient for
14the purpose of the release of a deceased patient's health care
15records, in one of these categories:
16        (1) the deceased person's surviving spouse; or
17        (2) if there is no surviving spouse, any one or more of
18    the following: (i) an adult son or daughter of the
19    deceased, (ii) a parent of the deceased, or (iii) an adult
20    brother or sister of the deceased.
21    (b) Health care facilities and practitioners are
22authorized to provide a copy of a deceased patient's records
23based upon a person's payment of the statutory fee and signed
24"Authorized Relative Certification", attesting to the fact
25that the person is authorized to receive such records under



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1this Section.
2    (c) Any person who, in good faith, relies on a copy of an
3Authorized Relative Certification shall have the same
4immunities from criminal and civil liability as those who rely
5on a power of attorney for health care as provided by Illinois
7    (d) Upon request for records of a deceased patient, the
8named authorized relative shall provide the facility or
9practitioner with a certified copy of the death certificate and
10a certification in substantially the following form:

12    I, (insert name of authorized relative), certify that I am
13an authorized relative of the deceased (insert name of
14deceased). (A certified copy of the death certificate must be
16    I certify that to the best of my knowledge and belief that
17no executor or administrator has been appointed for the
18deceased's estate, that no agent was authorized to act for the
19deceased under a power of attorney for health care, and the
20deceased has not specifically objected to disclosure in
22    I certify that I am the surviving spouse of the deceased;



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2    I certify that there is no surviving spouse and my
3relationship to the deceased is (circle one):
4        (1) An adult son or daughter of the deceased.
5        (2) Either parent of the deceased.
6        (3) An adult brother or sister of the deceased.
7    I certify that I am seeking the records as a personal
8representative who is acting in a representative capacity and
9who is authorized to seek these records under Section 8-2001.5
10of the Code of Civil Procedure.
11    This certification is made under penalty of perjury.*
12Dated: (insert date)
14(Print Authorized Relative's Name)
16(Authorized Relative's Signature)
18(Authorized Relative's Address)
19*(Note: Perjury is defined in Section 32-2 of the Criminal Code
20of 1961, and is a Class 3 felony.)



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1(Source: P.A. 97-623, eff. 11-23-11.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".