95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1281


 
Introduced 2/9/2007, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		














735 ILCS 5/8-2001
  from Ch. 110, par. 8-2001







    Amends the Code of Civil Procedure. Makes a technical change in a Section concerning health care facility records.
















LRB095 10898 AJO 31182 b

















 


 


A BILL FOR









 











SB1281

LRB095 10898 AJO 31182 b






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    AN ACT concerning civil law.

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


 
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    Section 5. The Code of Civil Procedure is amended  by 
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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 records. 

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    In this
this Section, "health care facility" or "facility" 
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means a public or
private hospital, ambulatory surgical 
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treatment center, nursing home,
independent practice 
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association, or physician hospital organization, or any
other 
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entity where health care services are provided to any person.  
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The term
does not include an organizational structure whose 
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records are subject to
Section 8-2003.

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    Every private and public health care facility shall, upon 
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the request of any
patient who has been treated in such health 
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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 physician,


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authorized attorney, 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 to examine the health care facility
patient care 
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records,
including but not limited to the history, bedside 
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notes, charts, pictures
and plates, kept in connection with the 
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treatment of such patient, and
permit copies of such records to 
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be made by him or her or his or her
physician or authorized 
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attorney.  A request for copies of the records shall
be in 
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writing and shall be delivered to the administrator or manager 
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of
such health care facility. The health care facility shall be 
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reimbursed by the
person requesting copies of records at the 
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time of such copying for all
reasonable expenses, including the 
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costs of independent copy service companies,
incurred by the 
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health care facility in connection with such copying not to

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exceed a $20 handling charge for processing the
request for 
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copies, and 75 cents per page for the first through 25th pages, 
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50
cents per page for the 26th through 50th pages, and 25 cents 
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per page for all
pages in excess of 50 (except that the charge 
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shall not exceed $1.25 per page
for any copies made from 
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microfiche or microfilm), and actual shipping costs.
These 
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rates shall be automatically adjusted as set forth in Section 
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8-2006.
The health care facility may, however, charge for the

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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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    The requirements of this Section shall be satisfied within 
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30 days of the
receipt of a written request by a patient or by 
 


 






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his or her legally authorized
representative, physician,

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authorized attorney, 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. If the health care facility
needs more time to 
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comply with the request, then within 30 days after receiving

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the request, the facility must provide the requesting party 
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with a written
statement of the reasons for the delay and the 
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date by which the requested
information will be provided. In 
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any event, the facility must provide the
requested information 
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no later than 60 days after receiving the request.

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    A health care facility must provide the public with at 
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least 30 days prior
notice of the closure  of the facility. The 
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notice must include an explanation
of how copies of the 
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facility's records may be accessed by patients. The
notice may 
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be given by publication in a newspaper of general circulation 
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in the
area in which the health care facility is located.

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    Failure to comply with the time limit requirement of this 
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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.)