State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ]

91_HB1244ham001

 










                                           LRB9101265WHgcam01

 1                    AMENDMENT TO HOUSE BILL 1244

 2        AMENDMENT NO.     .  Amend House Bill 1244  by  replacing
 3    the title with the following:
 4        "AN  ACT to amend the Code of Civil Procedure by changing
 5    Sections 8-2001 and 8-2003, changing the heading of  Part  20
 6    of Article VIII, and adding Section 8-2005."; and

 7    by  replacing  everything  after the enacting clause with the
 8    following:

 9        "Section 5.  The Code of Civil Procedure  is  amended  by
10    changing  Sections 8-2001 and 8-2003, changing the heading of
11    Part 20  of  Article  VIII,  and  adding  Section  8-2005  as
12    follows:

13        (735 ILCS 5/Art. 8, Part 20 heading)
14               Part 20. Inspection of Hospital Records

15        (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
16        (Text  of  Section WITHOUT the changes made by P.A. 89-7,
17    which has been held unconstitutional)
18        Sec. 8-2001.  Examination of records. Every  private  and
19    public  hospital  shall,  upon the request of any patient who
20    has been treated in  such  hospital  and  after  his  or  her
 
                            -2-            LRB9101265WHgcam01
 1    discharge therefrom, permit the patient, his or her physician
 2    or  authorized  attorney  to  examine  the  hospital records,
 3    including but not limited  to  the  history,  bedside  notes,
 4    charts,  pictures  and  plates,  kept  in connection with the
 5    treatment of such patient, and permit copies of such  records
 6    to  be  made  by  him  or  her  or  his  or  her physician or
 7    authorized attorney. A request for examination of the records
 8    shall  be  in  writing  and  shall  be   delivered   to   the
 9    administrator   of  such  hospital.  The  hospital  shall  be
10    reimbursed by the person requesting such records at the  time
11    of  such  copying  for all reasonable expenses, including the
12    costs of independent copy service companies, incurred by  the
13    hospital  in connection with such copying not to exceed a $20
14    handling charge for processing the request for copies and  25
15    cents  per  page  and   50  cents  per  copy of microfiche or
16    microfilm.  The handling charge shall include  the  first  10
17    pages  or  copies.  The hospital may, however, charge for the
18    reasonable cost of all  duplication  of  record  material  or
19    information  that cannot routinely be copied or duplicated on
20    a standard photocopy machine such as x-ray films or pictures.
21    
22        The requirements  of  this  Section  shall  be  satisfied
23    within  60 days of the receipt of a request by a patient, for
24    his or her physician, authorized attorney, or own person.
25        Failure to comply with the time limit requirement of this
26    Section shall subject  the  denying  party  to  expenses  and
27    reasonable  attorneys'  fees  incurred in connection with any
28    court ordered enforcement of the provisions of this Section.
29    (Source: P.A. 84-7.)

30        (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
31        (Text of Section WITHOUT the changes made by  P.A.  89-7,
32    which has been held unconstitutional)
33        Sec.  8-2003. Physician's Records. Every physician shall,
 
                            -3-            LRB9101265WHgcam01
 1    upon the request of any patient who has been treated by  such
 2    physician,  permit  such  patient's  physician  or authorized
 3    attorney to examine and copy the patient's records, including
 4    but  not  limited  to  those  relating  to   the   diagnosis,
 5    treatment,  prognosis,  history, charts, pictures and plates,
 6    kept in connection with the treatment of such patient.   Such
 7    request  for examining and copying of the records shall be in
 8    writing and shall  be  delivered  to  such  physician.   Such
 9    written  request  shall  be  complied  with  by the physician
10    within a reasonable time after receipt by him or her  at  his
11    or  her  office  or any other place designated by him or her.
12    The physician shall be reimbursed by  the  person  requesting
13    such  records at the time of such examination or copying, for
14    all reasonable expenses, including the costs  of  independent
15    copy   service   companies,  incurred  by  the  physician  in
16    connection with such examination or copying not to  exceed  a
17    $20 handling charge for processing the request for copies and
18    25  cents  per  page  and  50 cents per copy of microfiche or
19    microfilm. The handling charge shall  include  the  first  10
20    pages  or  copies. The physician may, however, charge for the
21    reasonable cost of all  duplication  of  record  material  or
22    information  that cannot routinely be copied or duplicated on
23    a standard photocopy machine such as x-ray films or pictures.
24    
25        The requirements  of  this  Section  shall  be  satisfied
26    within  60 days of the receipt of a request by a patient, his
27    or her physician or authorized attorney.
28        Failure to comply with the time limit requirement of this
29    Section shall subject  the  denying  party  to  expenses  and
30    reasonable  attorneys'  fees  incurred in connection with any
31    court ordered enforcement of the provisions of this Section.
32    (Source: P.A. 84-7.)

33        (735 ILCS 5/8-2005 new)
 
                            -4-            LRB9101265WHgcam01
 1        Sec. 8-2005.  Attorney's records.  Upon the request of  a
 2    client,  an  attorney  shall  make his or her records kept in
 3    connection  with  the  attorney's  services  to  the   client
 4    available to the client's authorized attorney for examination
 5    and  copying.  The request for examination and copying of the
 6    records shall be in writing and shall  be  delivered  to  the
 7    attorney.  Within  a reasonable time after he or she receives
 8    the written request,  the  attorney  shall  comply  with  the
 9    written  request  at  his  or  her  office or any other place
10    designated by him or her.  The attorney shall  be  reimbursed
11    by the person requesting the records, at the time of copying,
12    for   all   reasonable   expenses,  including  the  costs  of
13    independent copy service companies, incurred by the  attorney
14    in  connection  with the copying not to exceed a $20 handling
15    charge for processing the request for copies and 25 cents per
16    page and 50 cents per copy of microfiche or  microfilm.   The
17    handling  charge  shall include the first 10 pages or copies.
18    The attorney may, however, charge for the reasonable cost  of
19    all duplication of record material or information that cannot
20    routinely  be  copied  or  duplicated on a standard photocopy
21    machine.
22        The requirements  of  this  Section  shall  be  satisfied
23    within 60 days of the receipt of a request from a client or a
24    client's authorized attorney.
25        Failure to comply with the time limit requirement of this
26    Section  shall  subject  the  denying  party  to expenses and
27    reasonable attorney's fees incurred in  connection  with  any
28    court   ordered   enforcement   of  the  provisions  of  this
29    Section.".

[ Top ]