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.