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91_HB1244eng
HB1244 Engrossed LRB9101265WHdvA
1 AN ACT to amend the Code of Civil Procedure by changing
2 Sections 8-2001 and 8-2003, changing the heading of Part 20
3 of Article VIII, and adding Section 8-2005.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Code of Civil Procedure is amended by
7 changing Sections 8-2001 and 8-2003, changing the heading of
8 Part 20 of Article VIII, and adding Section 8-2005 as
9 follows:
10 (735 ILCS 5/Art. 8, Part 20 heading)
11 Part 20. Inspection of Hospital Records
12 (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
13 (Text of Section WITHOUT the changes made by P.A. 89-7,
14 which has been held unconstitutional)
15 Sec. 8-2001. Examination of records. Every private and
16 public hospital shall, upon the request of any patient who
17 has been treated in such hospital and after his or her
18 discharge therefrom, permit the patient, his or her physician
19 or authorized attorney to examine the hospital records,
20 including but not limited to the history, bedside notes,
21 charts, pictures and plates, kept in connection with the
22 treatment of such patient, and permit copies of such records
23 to be made by him or her or his or her physician or
24 authorized attorney. A request for examination of the records
25 shall be in writing and shall be delivered to the
26 administrator of such hospital. The hospital shall be
27 reimbursed by the person requesting such records at the time
28 of such copying for all reasonable expenses, including the
29 costs of independent copy service companies, incurred by the
30 hospital in connection with such copying not to exceed a $20
HB1244 Engrossed -2- LRB9101265WHdvA
1 handling charge for processing the request for copies and 25
2 cents per page and 50 cents per copy of microfiche or
3 microfilm. The handling charge shall include the first 10
4 pages or copies. The hospital may, however, charge for the
5 reasonable cost of all duplication of record material or
6 information that cannot routinely be copied or duplicated on
7 a standard photocopy machine such as x-ray films or pictures.
8
9 The requirements of this Section shall be satisfied
10 within 60 days of the receipt of a request by a patient, for
11 his or her physician, authorized attorney, or own person.
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 (Source: P.A. 84-7.)
17 (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
18 (Text of Section WITHOUT the changes made by P.A. 89-7,
19 which has been held unconstitutional)
20 Sec. 8-2003. Physician's Records. Every physician shall,
21 upon the request of any patient who has been treated by such
22 physician, permit such patient's physician or authorized
23 attorney to examine and copy the patient's records, including
24 but not limited to those relating to the diagnosis,
25 treatment, prognosis, history, charts, pictures and plates,
26 kept in connection with the treatment of such patient. Such
27 request for examining and copying of the records shall be in
28 writing and shall be delivered to such physician. Such
29 written request shall be complied with by the physician
30 within a reasonable time after receipt by him or her at his
31 or her office or any other place designated by him or her.
32 The physician shall be reimbursed by the person requesting
33 such records at the time of such examination or copying, for
HB1244 Engrossed -3- LRB9101265WHdvA
1 all reasonable expenses, including the costs of independent
2 copy service companies, incurred by the physician in
3 connection with such examination or copying not to exceed a
4 $20 handling charge for processing the request for copies and
5 25 cents per page and 50 cents per copy of microfiche or
6 microfilm. The handling charge shall include the first 10
7 pages or copies. The physician may, however, charge for the
8 reasonable cost of all duplication of record material or
9 information that cannot routinely be copied or duplicated on
10 a standard photocopy machine such as x-ray films or pictures.
11
12 The requirements of this Section shall be satisfied
13 within 60 days of the receipt of a request by a patient, his
14 or her physician or authorized attorney.
15 Failure to comply with the time limit requirement of this
16 Section shall subject the denying party to expenses and
17 reasonable attorneys' fees incurred in connection with any
18 court ordered enforcement of the provisions of this Section.
19 (Source: P.A. 84-7.)
20 (735 ILCS 5/8-2005 new)
21 Sec. 8-2005. Attorney's records. Upon the request of a
22 client, an attorney shall make his or her records kept in
23 connection with the attorney's services to the client
24 available to the client's authorized attorney for examination
25 and copying. The request for examination and copying of the
26 records shall be in writing and shall be delivered to the
27 attorney. Within a reasonable time after he or she receives
28 the written request, the attorney shall comply with the
29 written request at his or her office or any other place
30 designated by him or her. The attorney shall be reimbursed
31 by the person requesting the records, at the time of copying,
32 for all reasonable expenses, including the costs of
33 independent copy service companies, incurred by the attorney
HB1244 Engrossed -4- LRB9101265WHdvA
1 in connection with the copying not to exceed a $20 handling
2 charge for processing the request for copies and 25 cents per
3 page and 50 cents per copy of microfiche or microfilm. The
4 handling charge shall include the first 10 pages or copies.
5 The attorney may, however, charge for the reasonable cost of
6 all duplication of record material or information that cannot
7 routinely be copied or duplicated on a standard photocopy
8 machine.
9 The requirements of this Section shall be satisfied
10 within 60 days of the receipt of a request from a client or a
11 client's authorized attorney.
12 Failure to comply with the time limit requirement of this
13 Section shall subject the denying party to expenses and
14 reasonable attorney's fees incurred in connection with any
15 court ordered enforcement of the provisions of this Section.
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