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Sen. John J. Cullerton
Filed: 5/31/2007
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| AMENDMENT TO HOUSE BILL 830
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| AMENDMENT NO. ______. Amend House Bill 830, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Code of Civil Procedure is amended, if and |
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| only if Senate Bill 472 of the 95th General Assembly becomes |
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| law, by changing Section 8-2001 as follows:
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| (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
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| Sec. 8-2001. Examination of health care records.
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| (a) In this Section: |
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| "Health care facility" or "facility" means a public or
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| private hospital, ambulatory surgical treatment center, |
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| nursing home,
independent practice association, or physician |
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| hospital organization, or any
other entity where health care |
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| services are provided to any person. The term
does not include |
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| a health care practitioner.
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| "Health care practitioner" means any health care |
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| practitioner, including a physician, dentist, podiatrist, |
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| advanced practice nurse, physician assistant, clinical |
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| psychologist, or clinical social worker. The term includes a |
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| medical office, health care clinic, health department, group |
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| practice, and any other organizational structure for a licensed |
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| professional to provide health care services. The term does not |
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| include a health care facility.
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| (b) Every private and public health care facility shall, |
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| upon the request of any
patient who has been treated in such |
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| health care facility, or any person, entity, or organization |
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| presenting a valid authorization for the release of records |
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| signed by the patient or the patient's legally authorized |
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| representative, permit the patient,
his or her healthcare |
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| practitioner,
authorized attorney, or any person, entity, or |
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| organization presenting a valid authorization for the release |
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| of records signed by the patient or the patient's legally |
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| authorized representative to examine the health care facility
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| patient care records,
including but not limited to the history, |
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| bedside notes, charts, pictures
and plates, kept in connection |
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| with the treatment of such patient, and
permit copies of such |
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| records to be made by him or her or his or her
healthcare |
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| practitioner or authorized attorney. |
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| (c) Every health care practitioner shall, upon the request |
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| of any patient who has been treated by the health care |
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| practitioner, or any person, entity, or organization |
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| presenting a valid authorization for the release of records |
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| signed by the patient or the patient's legally authorized |
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| representative, permit the patient and the patient's health |
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| care practitioner or authorized attorney, or any person, |
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| entity, or organization presenting a valid authorization for |
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| the release of records signed by the patient or the patient's |
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| legally authorized representative, to examine and copy the |
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| patient's records, including but not limited to those relating |
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| to the diagnosis, treatment, prognosis, history, charts, |
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| pictures and plates, kept in connection with the treatment of |
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| such patient. |
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| (d) A request for copies of the records shall
be in writing |
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| and shall be delivered to the administrator or manager of
such |
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| health care facility or to the health care practitioner. The
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| person (including patients, health care practitioners and |
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| attorneys)
requesting copies of records shall reimburse the |
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| facility or the health care practitioner at the time of such |
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| copying for all
reasonable expenses, including the costs of |
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| independent copy service companies,
incurred in connection |
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| with such copying not to
exceed a $20 handling charge for |
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| processing the
request and the actual postage or shipping |
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| charge, if any, plus: (1) for paper copies
75 cents per page |
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| for the first through 25th pages, 50
cents per page for the |
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| 26th through 50th pages, and 25 cents per page for all
pages in |
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| excess of 50 (except that the charge shall not exceed $1.25 per |
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| page
for any copies made from microfiche or microfilm; records |
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| retrieved from scanning, digital imaging, electronic |
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| information or other digital format do not qualify as |
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| microfiche or microfilm retrieval for purposes of calculating |
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| charges); and (2) for electronic records, retrieved from a |
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| scanning, digital imaging, electronic information or other |
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| digital format in a electronic document, a charge of 50% of the |
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| per page charge for paper copies under subdivision (d)(1). This |
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| per page charge includes the cost of
75 cents for each CD Rom, |
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| DVD, or other storage media. Records already maintained in an |
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| electronic or digital format shall be provided in an electronic |
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| format when so requested.
If the records system does not allow |
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| for the creation or transmission of an electronic or digital |
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| record, then the facility or practitioner shall inform the |
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| requester in writing of the reason the records can not be |
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| provided electronically. The written explanation may be |
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| included with the production of paper copies, if the requester |
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| chooses to order paper copies. These rates shall be |
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| automatically adjusted as set forth in Section 8-2006.
The |
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| facility or health care practitioner may, however, charge for |
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| the
reasonable cost of all duplication of
record material or |
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| information that cannot routinely be copied or duplicated on
a |
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| standard commercial photocopy machine such as x-ray films or |
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| pictures.
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| (e) The requirements of this Section shall be satisfied |
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| within 30 days of the
receipt of a written request by a patient |
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| or by his or her legally authorized
representative, healthcare |
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| practitioner,
authorized attorney, or any person, entity, or |
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| organization presenting a valid authorization for the release |
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| of records signed by the patient or the patient's legally |
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| authorized representative. If the facility
or health care |
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| practitioner needs more time to comply with the request, then |
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| within 30 days after receiving
the request, the facility or |
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| health care practitioner must provide the requesting party with |
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| a written
statement of the reasons for the delay and the date |
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| by which the requested
information will be provided. In any |
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| event, the facility or health care practitioner must provide |
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requested information no later than 60 days after receiving |
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| the request.
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| (f) A health care facility or health care practitioner must |
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| provide the public with at least 30 days prior
notice of the |
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| closure of the facility or the health care practitioner's |
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| practice. The notice must include an explanation
of how copies |
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| of the facility's records may be accessed by patients. The
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| notice may be given by publication in a newspaper of general |
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| circulation in the
area in which the health care facility or |
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| health care practitioner is located.
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| (g) Failure to comply with the time limit requirement of |
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| this Section shall
subject the denying party to expenses and |
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| reasonable attorneys' fees
incurred in connection with any |
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| court ordered enforcement of the provisions
of this Section.
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| (Source: P.A. 93-87, eff. 7-2-03; 94-155, eff. 1-1-06; |
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| 09500SB0472ham001.)
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| Section 10. "An Act concerning civil law", Senate Bill 472 |
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| of the 95th General Assembly, is amended, if and only if Senate |
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| Bill 472 of the 95th General Assembly becomes law, by changing |
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| Section 99 as follows: |
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| (SB 472, 95th G.A., Sec. 99)
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| Sec. 99. Effective date. This Act takes effect upon |
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| becoming law , except that the provisions amending the Code of |
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| Civil Procedure by changing Sections 8-2001, 8-2005, and 8-2006 |
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| and repealing Section 8-2003 take effect on January 1, 2008 .
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| (Source: 09500SB0472ham001.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law, except Section 5 takes effect on January 1, |
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| 2008.".
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