Public Act 93-0087

HB1038 Enrolled                      LRB093 05531 DRJ 05623 b

    AN ACT concerning patient health information.

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

    Section  5.  The  Code  of  Civil Procedure is amended by
changing Sections 8-2001 and 8-2003 as follows:

    (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
    Sec. 8-2001.  Examination of records.
    In this Section, "health  care  facility"  or  "facility"
means  a  public  or  private  hospital,  ambulatory surgical
treatment  center,   nursing   home,   independent   practice
association, or physician hospital organization, or any other
entity where health care services are provided to any person.
The  term  does not include an organizational structure whose
records are subject to Section 8-2003.
    Every private and public health  care  facility  hospital
shall,  upon  the request of any patient who has been treated
in such health care facility hospital and after  his  or  her
discharge therefrom, permit the patient, his or her physician
or  authorized  attorney  to examine the health care facility
patient care hospital records, including but not  limited  to
the history, bedside notes, charts, pictures and plates, kept
in  connection with the treatment of such patient, and permit
copies of such records to be made by him or her or his or her
physician or authorized attorney.  A request  for  copies  of
the records shall be in writing and shall be delivered to the
administrator   or  manager  of  such  health  care  facility
hospital.  The  health  care  facility  hospital   shall   be
reimbursed  by the person requesting copies of records at the
time of such copying for all reasonable  expenses,  including
the  costs of independent copy service companies, incurred by
the health care facility hospital  in  connection  with  such
copying  not  to  exceed a $20 handling charge for processing
the request for copies, and 75 cents per page for  the  first
through  25th  pages,  50 cents per page for the 26th through
50th pages, and 25 cents per page for all pages in excess  of
50  (except  that  the charge shall not exceed $1.25 per page
for any copies made from microfiche or microfilm), and actual
shipping costs. These rates shall be  automatically  adjusted
as  set  forth  in  Section 8-2006.  The health care facility
hospital may, however, charge for the reasonable cost of  all
duplication  of  record  material  or information that cannot
routinely be copied or duplicated on  a  standard  commercial
photocopy machine such as x-ray films or pictures.
    The  requirements  of  this  Section  shall  be satisfied
within 30 60 days of the receipt of a written  request  by  a
patient,  or by his or her legally authorized representative,
for his or her physician,  or  authorized  attorney,  or  own
person. If the health care facility needs more time to comply
with  the  request,  then  within 30 days after receiving the
request, the facility must provide the requesting party  with
a written statement of the reasons for the delay and the date
by  which  the requested information will be provided. In any
event, the facility must provide the requested information no
later than 60 days after receiving the request.
    A health care facility must provide the  public  with  at
least  30  days prior notice of the closure  of the facility.
The notice must include an explanation of how copies  of  the
facility's  records  may  be accessed by patients. The notice
may be  given  by  publication  in  a  newspaper  of  general
circulation  in the area in which the health care facility is
located.
    Failure to comply with the time limit requirement of this
Section shall subject  the  denying  party  to  expenses  and
reasonable  attorneys'  fees  incurred in connection with any
court ordered enforcement of the provisions of this Section.
(Source: P.A. 84-7; 92-228, eff. 9-1-01.)

    (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
    Sec. 8-2003.  Records of physicians and other health care
practitioners.  In this  Section,  "practitioner"  means  any
health  care  practitioner, including other than a physician,
dentist,  podiatrist,  advanced  practice  nurse,   physician
assistant,  clinical psychologist, or clinical social worker.
The term includes a   medical  office,  health  care  clinic,
health    department,   group   practice,   and   any   other
organizational structure   for  a  licensed  professional  to
provide  health  care  services.  The term does not include a
health care facility as defined in Section 8-2001.
    Every physician and practitioner shall, upon the  request
of  any  patient  who  has  been treated by such physician or
practitioner, permit  the  patient  and  the  such  patient's
physician,  practitioner,  or  authorized attorney to examine
and copy the patient's records, including but not limited  to
those   relating  to  the  diagnosis,  treatment,  prognosis,
history, charts, pictures and plates, kept in connection with
the treatment of such patient.  Such  request  for  examining
and  copying  of the records shall be in writing and shall be
delivered to such physician  or  practitioner.  Such  written
request   shall   be   complied  with  by  the  physician  or
practitioner within a reasonable time after receipt by him or
her at his or her office or any other place designated by him
or her.
    The requirements  of  this  Section  shall  be  satisfied
within  30  days  of the receipt of a written request. If the
practitioner needs more time to comply with the request, then
within 30 days after receiving the request, the  practitioner
must provide the requesting party with a written statement of
the reasons for the delay and the date by which the requested
information will be provided.  In any event, the practitioner
must  provide the requested information no later than 60 days
after receiving the request.
    The physician or practitioner shall be reimbursed by  the
person  requesting  such records at the time of such copying,
for  all  reasonable  expenses,  including   the   costs   of
independent copy service companies, incurred by the physician
or practitioner in connection with such copying not to exceed
a  $20 handling charge for processing the request for copies,
and 75 cents per page for the first through  25th  pages,  50
cents  per page for the 26th through 50th pages, and 25 cents
per page for all pages in  excess  of  50  (except  that  the
charge  shall  not  exceed $1.25 per page for any copies made
from microfiche or microfilm),  and  actual  shipping  costs.
These  rates  shall be automatically adjusted as set forth in
Section 8-2006.  The physician  or  other  practitioner  may,
however, charge for the reasonable cost of all duplication of
record  material  or  information  that  cannot  routinely be
copied or  duplicated  on  a  standard  commercial  photocopy
machine such as x-ray films or pictures.
    A  health  care practitioner must provide the public with
at  least  30  days  prior  notice  of  the  closure  of  the
practitioner's  practice.  The   notice   must   include   an
explanation  of how copies of  the practitioner's records may
be  accessed  by  patients.  The  notice  may  be  given   by
publication in a newspaper of general circulation in the area
in which the health care practitioner's practice is located.
    The  requirements  of  this  Section  shall  be satisfied
within 60 days of the receipt of a request by  a  patient  or
his or her physician, practitioner, or authorized attorney.
    Failure to comply with the time limit requirement of this
Section  shall  subject  the  denying  party  to expenses and
reasonable attorneys' fees incurred in  connection  with  any
court ordered enforcement of the provisions of this Section.
(Source: P.A. 84-7; 92-228, eff. 9-1-01.)
    (735 ILCS 5/8-2004 rep.)
    Section  6.  The  Code  of  Civil Procedure is amended by
repealing Section 8-2004.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.