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90_HB0211
735 ILCS 5/8-2001 from Ch. 110, par. 8-2001
735 ILCS 5/8-2003 from Ch. 110, par. 8-2003
735 ILCS 5/8-2004 from Ch. 110, par. 8-2004
Amends the Code of Civil Procedure. Provides that
medical, hospital, and psychological records must be
furnished within 30 (rather than 60) days of receipt of a
request. Requires private and public hospitals, physicians,
clinical psychologists, and clinical social workers to
furnish copies of patient records free of charge if a request
is made in connection with a patient's claim for compensation
as a disabled veteran, Social Security benefits, or
assistance under the Public Aid Code. Makes other changes.
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1 AN ACT to amend the Code of Civil Procedure by changing
2 Sections 8-2001, 8-2003, and 8-2004.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Sections 8-2001, 8-2003, and 8-2004 as follows:
7 (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
8 Sec. 8-2001. Examination of records. Every private and
9 public hospital shall, upon the request of any patient who
10 has been treated in such hospital and after his or her
11 discharge therefrom, permit the patient or his or her
12 physician or authorized attorney or the holder of a Consent
13 pursuant to Section 2-1003 to examine the hospital records,
14 including but not limited to the history, bedside notes,
15 charts, pictures and plates, kept in connection with the
16 treatment of such patient, and permit copies of such records
17 to be made by him or her or his or her physician or
18 authorized attorney or the holder of a Consent pursuant to
19 Section 2-1003. A request for examination of the records
20 shall be in writing and shall be delivered to the
21 administrator of such hospital.
22 Every private and public hospital shall furnish copies of
23 patient records free of charge if a request for those records
24 is made in writing in connection with a patient's claim or
25 application for (1) compensation as a disabled veteran under
26 38 U.S.C. 101 et seq., (2) benefits under the federal Social
27 Security Act, or (3) assistance under the Illinois Public Aid
28 Code, and the request is accompanied by documentation
29 establishing the existence of the claim or application.
30 The requirements of this Section shall be satisfied
31 within 30 60 days of the hospital's receipt of a request from
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1 by a patient, for his or her physician, authorized attorney,
2 or own person or the holder of a Consent pursuant to Section
3 2-1003.
4 Failure to comply with the time limit requirement of this
5 Section shall subject the denying party to expenses and
6 reasonable attorneys' fees incurred in connection with any
7 court ordered enforcement of the provisions of this Section.
8 This amendatory Act of 1995 applies to causes of action
9 filed on or after its effective date.
10 (Source: P.A. 89-7, eff. 3-9-95.)
11 (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
12 Sec. 8-2003. Physician's and other healthcare
13 practitioner's records. Every physician and other healthcare
14 practitioner except as provided in Section 8-2004, shall,
15 upon the request of any patient who has been treated by such
16 physician or practitioner, permit such patient's physician or
17 authorized attorney or the holder of a Consent pursuant to
18 Section 2-1003 to examine and copy the patient's records,
19 including but not limited to those relating to the diagnosis,
20 treatment, prognosis, history, charts, pictures and plates,
21 kept in connection with the treatment of such patient. Such
22 request for examining and copying of the records shall be in
23 writing and shall be delivered to such physician or
24 practitioner. Such written request shall be complied with by
25 the physician or practitioner within a reasonable time after
26 receipt by him or her at his or her office or any other place
27 designated by him or her. The physician or practitioner
28 shall be reimbursed by the person requesting such records at
29 the time of such examination or copying, for all reasonable
30 expenses incurred by the physician or practitioner in
31 connection with such examination or copying, except that the
32 physician shall furnish copies of a patient's records free of
33 charge if a request for those records is made in writing in
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1 connection with the patient's claim or application for (1)
2 compensation as a disabled veteran under 38 U.S.C. 101 et
3 seq., (2) benefits under the federal Social Security Act, or
4 (3) assistance under the Illinois Public Aid Code, and the
5 request is accompanied by documentation establishing the
6 existence of the claim or application.
7 The requirements of this Section shall be satisfied
8 within 30 60 days of the physician's receipt of a request
9 from by a patient or his or her physician or authorized
10 attorney or the holder of a Consent pursuant to Section
11 2-1003.
12 Failure to comply with the time limit requirement of this
13 Section shall subject the denying party to expenses and
14 reasonable attorneys' fees incurred in connection with any
15 court ordered enforcement of the provisions of this Section.
16 This amendatory Act of 1995 applies to causes of action
17 filed on or after its effective date.
18 (Source: P.A. 89-7, eff. 3-9-95.)
19 (735 ILCS 5/8-2004) (from Ch. 110, par. 8-2004)
20 Sec. 8-2004. Records of clinical psychologists and
21 clinical social workers. Except where the clinical
22 psychologist or clinical social worker consents, records of a
23 clinical psychologist or clinical social worker regulated in
24 this State, relating to psychological services or social work
25 services, shall not be examined or copied by a patient or the
26 holder of a Consent pursuant to Section 2-1003, unless
27 otherwise ordered by the court for good cause shown. For the
28 purpose of obtaining records, the patient or his or her
29 authorized agent or the holder of a Consent pursuant to
30 Section 2-1003 may apply to the circuit court of the county
31 in which the patient resides or the county in which the
32 clinical psychologist or clinical social worker resides or
33 the county in which the action is pending from which the
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1 Consent pursuant to Section 2-1003 was given. The clinical
2 psychologist or clinical social worker shall be reimbursed by
3 the person requesting the records at the time of the
4 examination or copying, for all reasonable expenses incurred
5 by the clinical psychologist or clinical social worker in
6 connection with the examination or copying, except that the
7 psychologist shall furnish copies of the patient's records
8 free of charge if a request for those records is made in
9 writing in connection with the patient's claim or application
10 for (1) compensation as a disabled veteran under 38 U.S.C.
11 101 et seq., (2) benefits under the federal Social Security
12 Act, or (3) assistance under the Illinois Public Aid Code,
13 and the request is accompanied by documentation establishing
14 the existence of the claim or application.
15 The requirements of this Section shall be satisfied
16 within 30 days of the psychologist's receipt of a request
17 from a patient or his or her authorized agent.
18 Failure to comply with the time limit requirement of this
19 Section shall subject the denying party to expenses and
20 reasonable attorneys' fees incurred in connection with any
21 court ordered enforcement of the provisions of this Section.
22 This amendatory Act of 1995 applies to causes of action
23 filed on or after its effective date.
24 (Source: P.A. 89-7, eff. 3-9-95.)