State of Illinois
91st General Assembly
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91_HB3112eng

 
HB3112 Engrossed                               LRB9110856DHmb

 1        AN ACT to amend the Code of Civil Procedure  by  changing
 2    Sections  8-2001, 8-2003, and 8-2004, changing the heading of
 3    Part 20 of Article  VIII,  and  adding  Sections  8-2005  and
 4    8-2006.

 5        Be  it  enacted  by  the People of the State of Illinois,
 6    represented in the General Assembly:

 7        Section 5.  The Code of Civil  Procedure  is  amended  by
 8    changing  Sections  8-2001,  8-2003, and 8-2004, changing the
 9    heading of Part 20  of  Article  VIII,  and  adding  Sections
10    8-2005 and 8-2006 as follows:

11        (735 ILCS 5/Art. 8, Part 20 heading)
12               Part 20. Inspection of Hospital Records

13        (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
14        (Text  of  Section WITHOUT the changes made by P.A. 89-7,
15    which has been held unconstitutional)
16        Sec. 8-2001.  Examination of records. Every  private  and
17    public  hospital  shall,  upon the request of any patient who
18    has been treated in  such  hospital  and  after  his  or  her
19    discharge therefrom, permit the patient, his or her physician
20    or  authorized  attorney  to  examine  the  hospital records,
21    including but not limited  to  the  history,  bedside  notes,
22    charts,  pictures  and  plates,  kept  in connection with the
23    treatment of such patient, and permit copies of such  records
24    to  be  made  by  him  or  her  or  his  or  her physician or
25    authorized attorney. A request for copies examination of  the
26    records  shall  be  in  writing and shall be delivered to the
27    administrator  of  such  hospital.  The  hospital  shall   be
28    reimbursed  by the person requesting copies of records at the
29    time of such copying for all reasonable  expenses,  including
30    the  costs of independent copy service companies, incurred by
 
HB3112 Engrossed            -2-                LRB9110856DHmb
 1    the hospital in connection with such copying not to exceed  a
 2    $25 handling charge for processing the request for copies and
 3    37 cents per page (except that the charge shall not exceed $1
 4    per  page  for any copies made from microfiche or microfilm),
 5    and  actual  shipping  costs.      These   rates   shall   be
 6    automatically  adjusted  as  set forth in Section 8-2006. The
 7    hospital may, however, charge for the reasonable cost of  all
 8    duplication  of  record  material  or information that cannot
 9    routinely be copied or duplicated on  a  standard  commercial
10    photocopy machine such as x-ray films or pictures.
11        The  requirements  of  this  Section  shall  be satisfied
12    within 60 days of the receipt of a request by a patient,  for
13    his or her physician, authorized attorney, or own person.
14        Failure to comply with the time limit requirement of this
15    Section  shall  subject  the  denying  party  to expenses and
16    reasonable attorneys' fees incurred in  connection  with  any
17    court ordered enforcement of the provisions of this Section.
18    (Source: P.A. 84-7.)

19        (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
20        (Text  of  Section WITHOUT the changes made by P.A. 89-7,
21    which has been held unconstitutional)
22        Sec. 8-2003. Physician's Records of physicians and  other
23    health  care practitioners.   In this Section, "practitioner"
24    means any health care practitioner other  than  a  physician,
25    clinical psychologist, or clinical social worker.
26        Every  physician and practitioner shall, upon the request
27    of any patient who has been  treated  by  such  physician  or
28    practitioner,  permit such patient's physician, practitioner,
29    or authorized attorney to  examine  and  copy  the  patient's
30    records,  including  but not limited to those relating to the
31    diagnosis, treatment, prognosis,  history,  charts,  pictures
32    and  plates,  kept  in  connection with the treatment of such
33    patient.  Such request  for  examining  and  copying  of  the
 
HB3112 Engrossed            -3-                LRB9110856DHmb
 1    records  shall  be  in writing and shall be delivered to such
 2    physician or practitioner.  Such  written  request  shall  be
 3    complied  with  by  the  physician  or  practitioner within a
 4    reasonable time after receipt by him or her  at  his  or  her
 5    office  or  any  other  place  designated by him or her.  The
 6    physician or practitioner shall be reimbursed by  the  person
 7    requesting  such  records  at the time of such examination or
 8    copying, for all reasonable expenses, including the costs  of
 9    independent copy service companies, incurred by the physician
10    or  practitioner  in  connection  with  such  examination  or
11    copying  not  to  exceed a $25 handling charge for processing
12    the request for copies, and 37 cents per  page  (except  that
13    the  charge  shall not exceed $1 per page for any copies made
14    from microfiche or microfilm),  and  actual  shipping  costs.
15    These  rates  shall be automatically adjusted as set forth in
16    Section 8-2006. The  physician  or  other  practitioner  may,
17    however, charge for the reasonable cost of all duplication of
18    record  material  or  information  that  cannot  routinely be
19    copied or  duplicated  on  a  standard  commercial  photocopy
20    machine such as x-ray films or pictures.
21        The  requirements  of  this  Section  shall  be satisfied
22    within 60 days of the receipt of a request by a  patient  or,
23    his or her physician, practitioner, or authorized attorney.
24        Failure to comply with the time limit requirement of this
25    Section  shall  subject  the  denying  party  to expenses and
26    reasonable attorneys' fees incurred in  connection  with  any
27    court ordered enforcement of the provisions of this Section.
28    (Source: P.A. 84-7.)

29        (735 ILCS 5/8-2004) (from Ch. 110, par. 8-2004)
30        (Text  of  Section WITHOUT the changes made by P.A. 89-7,
31    which has been held unconstitutional)
32        Sec.  8-2004.   Records  of  clinical  psychologists  and
33    clinical  social  workers.    Except   where   the   clinical
 
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 1    psychologist or clinical social worker consents, records of a
 2    clinical  psychologist or clinical social worker regulated in
 3    this State, relating to psychological services or social work
 4    services, shall not be  examined  or  copied  by  a  patient,
 5    unless  otherwise  ordered by the court for good cause shown.
 6    For the purpose of obtaining records, the patient or  his  or
 7    her  authorized  agent  may apply to the circuit court of the
 8    county in which the patient resides or the  county  in  which
 9    the  clinical psychologist or clinical social worker resides.
10    The clinical psychologist or clinical social worker shall  be
11    reimbursed  by  the person requesting the records at the time
12    of the examination or copying, for all  reasonable  expenses,
13    including  the  costs  of independent copy service companies,
14    incurred by the  clinical  psychologist  or  clinical  social
15    worker  in connection with the examination or copying, not to
16    exceed a $25 handling charge for processing the  request  for
17    copies,  and  37 cents per page (except that the charge shall
18    not exceed $1 per page for any copies made from microfiche or
19    microfilm), and actual shipping costs. These rates  shall  be
20    automatically  adjusted  as  set forth in Section 8-2006. The
21    clinical psychologist or clinical social worker may, however,
22    charge for the reasonable cost of all duplication  of  record
23    material  or  information  that cannot routinely be copied or
24    duplicated or a standard commercial photocopy machine such as
25    pictures.
26    (Source: P.A. 87-530.)

27        (735 ILCS 5/8-2005 new)
28        Sec. 8-2005. Attorney's  records.  This  Section  applies
29    only  if  a  client  and  his or her authorized attorney have
30    complied with all  applicable  legal  requirements  regarding
31    examination  and  copying  of client files, including but not
32    limited to satisfaction of expenses  and  attorney  retaining
33    liens.
 
HB3112 Engrossed            -5-                LRB9110856DHmb
 1        Upon  the  request  of a client, an attorney shall permit
 2    the client's authorized attorney  to  examine  and  copy  the
 3    records   kept   by  the  attorney  in  connection  with  the
 4    representation of the client, with the exception of  attorney
 5    work  product. 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  the  attorney
 8    receives  the written request, the attorney shall comply with
 9    the written request at his or her office or any  other  place
10    designated by him or her.  At the time of copying, the person
11    requesting  the  records shall reimburse the attorney for all
12    reasonable expenses, including the costs of independent  copy
13    service  companies,  incurred  by  the attorney in connection
14    with the copying not to exceed  a  $25  handling  charge  for
15    processing  the  request  for  copies,  and 37 cents per page
16    (except that the charge shall not exceed $1 per page for  any
17    copies   made  from  microfiche  or  microfilm),  and  actual
18    shipping costs. These rates shall be  automatically  adjusted
19    as  set  forth  in Section 8-2006. The attorney may, however,
20    charge for the reasonable cost of all duplication  of  record
21    material  or  information  that cannot routinely be copied or
22    duplicated on a standard commercial photocopy machine such as
23    pictures.
24        An  attorney  shall  satisfy  the  requirements  of  this
25    Section within 60 days after he or  she  receives  a  request
26    from a client or his or her authorized attorney.  An attorney
27    who  fails  to comply with the time limit requirement of this
28    Section shall be required  to  pay  expenses  and  reasonable
29    attorney's fees incurred in connection with any court-ordered
30    enforcement of the requirements of this Section.

31        (735 ILCS 5/8-2006 new)
32        Sec.  8-2006.  Copying  fees;  adjustment  for inflation.
33    Beginning in 2002, every January 20, the copying  fee  limits
 
HB3112 Engrossed            -6-                LRB9110856DHmb
 1    established  in  Sections  8-2001, 8-2003, 8-2004, and 8-2005
 2    shall automatically be increased or decreased, as applicable,
 3    by a  percentage  equal  to  the  percentage  change  in  the
 4    consumer price index-u during the preceding 12-month calendar
 5    year.  "Consumer  price index-u" means the index published by
 6    the  Bureau  of  Labor  Statistics  of  the   United   States
 7    Department  of  Labor  that  measures  the  average change in
 8    prices  of  goods  and  services  purchased  by   all   urban
 9    consumers,  United  States city average, all items, 1982-84 =
10    100. The new amount resulting  from  each  annual  adjustment
11    shall  be determined by the Comptroller and made available to
12    the public on January 20 of every year.

13        Section 99.  Effective date.  This Act  takes  effect  30
14    days after becoming law.

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