96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2021


 
Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - John A. Fritchey
 
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 the examination of health care records.
















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A BILL FOR









 











HB2021

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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 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
The term
does not 
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include 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 health care 
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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
health care 
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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 each CD Rom, DVD, or other 
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storage media. Records already maintained in an electronic or 
 


 






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digital format shall be provided in an electronic format when 
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so requested.
If the records system does not allow for the 
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creation or transmission of an electronic or digital record, 
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then the facility or practitioner shall inform the requester in 
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writing of the reason the records can not be provided 
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electronically. The written explanation may be included with 
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the production of paper copies, if the requester chooses to 
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order paper copies. These rates shall be automatically adjusted 
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as set forth in Section 8-2006.
The facility or health care 
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practitioner may, however, charge for the
reasonable cost of 
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all duplication of
record material or information that cannot 
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routinely be copied or duplicated on
a standard commercial 
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photocopy machine such as x-ray films or 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, health care 
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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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the
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. 94-155, eff. 1-1-06; 95-478, eff. 1-1-08 (changed 
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from 8-27-07 by P.A. 95-480); 95-480, eff. 1-1-08.)