| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning civil law.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Code of Civil Procedure is amended by | |||||||||||||||||||
5 | changing Section 8-2001 as follows:
| |||||||||||||||||||
6 | (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
| |||||||||||||||||||
7 | Sec. 8-2001. Examination of health care records.
| |||||||||||||||||||
8 | (a) In this Section: | |||||||||||||||||||
9 | "Health care facility" or "facility" means a public or
| |||||||||||||||||||
10 | private hospital, ambulatory surgical treatment center, | |||||||||||||||||||
11 | nursing home,
independent practice association, or physician | |||||||||||||||||||
12 | hospital organization, or any
other entity where health care | |||||||||||||||||||
13 | services are provided to any person. The term
does not include | |||||||||||||||||||
14 | a health care practitioner.
| |||||||||||||||||||
15 | "Health care practitioner" means any health care | |||||||||||||||||||
16 | practitioner, including a physician, dentist, podiatric | |||||||||||||||||||
17 | physician, advanced practice registered nurse, registered | |||||||||||||||||||
18 | nurse, licensed practical nurse, physician assistant, clinical | |||||||||||||||||||
19 | psychologist, clinical social worker, therapist, or counselor. | |||||||||||||||||||
20 | The term includes a medical office, health care clinic, health | |||||||||||||||||||
21 | department, group practice, and any other organizational | |||||||||||||||||||
22 | structure for a licensed professional to provide health care | |||||||||||||||||||
23 | services. The term does not include a health care facility.
|
| |||||||
| |||||||
1 | (b) Every private and public health care facility shall, | ||||||
2 | upon the request of any
patient who has been treated in such | ||||||
3 | health care facility, or any person, entity, or organization | ||||||
4 | presenting a valid authorization for the release of records | ||||||
5 | signed by the patient or the patient's legally authorized | ||||||
6 | representative, or as authorized by Section 8-2001.5, permit | ||||||
7 | the patient,
his or her health care practitioner,
authorized | ||||||
8 | attorney, or any person, entity, or organization presenting a | ||||||
9 | valid authorization for the release of records signed by the | ||||||
10 | patient or the patient's legally authorized representative to | ||||||
11 | examine the health care facility
patient care records,
| ||||||
12 | including but not limited to the history, bedside notes, | ||||||
13 | charts, pictures
and plates, kept in connection with the | ||||||
14 | treatment of such patient, and
permit copies of such records | ||||||
15 | to be made by him or her or his or her
health care practitioner | ||||||
16 | or authorized attorney. | ||||||
17 | (c) Every health care practitioner shall, upon the request | ||||||
18 | of any patient who has been treated by the health care | ||||||
19 | practitioner, or any person, entity, or organization | ||||||
20 | presenting a valid authorization for the release of records | ||||||
21 | signed by the patient or the patient's legally authorized | ||||||
22 | representative, permit the patient and the patient's health | ||||||
23 | care practitioner or authorized attorney, or any person, | ||||||
24 | entity, or organization presenting a valid authorization for | ||||||
25 | the release of records signed by the patient or the patient's | ||||||
26 | legally authorized representative, to examine and copy the |
| |||||||
| |||||||
1 | patient's records, including but not limited to those relating | ||||||
2 | to the diagnosis, treatment, prognosis, history, charts, | ||||||
3 | pictures and plates, kept in connection with the treatment of | ||||||
4 | such patient. | ||||||
5 | (d) A request for copies of the records shall
be in writing | ||||||
6 | and shall be delivered to the administrator or manager of
such | ||||||
7 | health care facility or to the health care practitioner. The
| ||||||
8 | person (including patients, health care practitioners and | ||||||
9 | attorneys)
requesting copies of records shall reimburse the | ||||||
10 | facility or the health care practitioner at the time of such | ||||||
11 | copying for all
reasonable expenses, including the costs of | ||||||
12 | independent copy service companies,
incurred in connection | ||||||
13 | with such copying not to
exceed a $20 handling charge for | ||||||
14 | processing the
request and the actual postage or shipping | ||||||
15 | charge, if any, plus: (1) for paper copies
75 cents per page | ||||||
16 | for the first through 25th pages, 50
cents per page for the | ||||||
17 | 26th through 50th pages, and 25 cents per page for all
pages in | ||||||
18 | excess of 50 (except that the charge shall not exceed $1.25 per | ||||||
19 | page
for any copies made from microfiche or microfilm; records | ||||||
20 | retrieved from scanning, digital imaging, electronic | ||||||
21 | information or other digital format do not qualify as | ||||||
22 | microfiche or microfilm retrieval for purposes of calculating | ||||||
23 | charges); and (2) for electronic records, retrieved from a | ||||||
24 | scanning, digital imaging, electronic information or other | ||||||
25 | digital format in an electronic document, a charge of 50% of | ||||||
26 | the per page charge for paper copies under subdivision (d)(1). |
| |||||||
| |||||||
1 | This per page charge includes the cost of each CD Rom, DVD, or | ||||||
2 | other storage media. Records already maintained in an | ||||||
3 | electronic or digital format shall be provided in an | ||||||
4 | electronic format when so requested.
If the records system | ||||||
5 | does not allow for the creation or transmission of an | ||||||
6 | electronic or digital record, then the facility or | ||||||
7 | practitioner shall inform the requester in writing of the | ||||||
8 | reason the records can not be provided electronically. The | ||||||
9 | written explanation may be included with the production of | ||||||
10 | paper copies, if the requester chooses to order paper copies. | ||||||
11 | These rates shall be automatically adjusted as set forth in | ||||||
12 | Section 8-2006.
The facility or health care practitioner may, | ||||||
13 | however, charge for the
reasonable cost of all duplication of
| ||||||
14 | record material or information that cannot routinely be copied | ||||||
15 | or duplicated on
a standard commercial photocopy machine such | ||||||
16 | as x-ray films or pictures.
| ||||||
17 | (d-5) The handling fee shall not be collected from the | ||||||
18 | patient or the patient's personal representative who obtains | ||||||
19 | copies of records under Section 8-2001.5. | ||||||
20 | (e) The requirements of this Section shall be satisfied | ||||||
21 | within 30 days of the
receipt of a written request by a patient | ||||||
22 | or by his or her legally authorized
representative, health | ||||||
23 | care practitioner,
authorized attorney, or any person, entity, | ||||||
24 | or organization presenting a valid authorization for the | ||||||
25 | release of records signed by the patient or the patient's | ||||||
26 | legally authorized representative. If the facility
or health |
| |||||||
| |||||||
1 | care practitioner needs more time to comply with the request, | ||||||
2 | then within 30 days after receiving
the request, the facility | ||||||
3 | or health care practitioner must provide the requesting party | ||||||
4 | with a written
statement of the reasons for the delay and the | ||||||
5 | date by which the requested
information will be provided. In | ||||||
6 | any event, the facility or health care practitioner must | ||||||
7 | provide the
requested information no later than 60 days after | ||||||
8 | receiving the request.
| ||||||
9 | (e-5) When a health care facility or health care | ||||||
10 | practitioner alters a patient's record, that health care | ||||||
11 | facility or health care practitioner shall within 3 business | ||||||
12 | days of the alteration notify the patient or his or her duly | ||||||
13 | authorized representative in writing of the alteration, | ||||||
14 | including an explanation of why the record was altered. A | ||||||
15 | health care facility or health care practitioner shall provide | ||||||
16 | an electronic copy of an altered record within 7 calendar days | ||||||
17 | of the receipt of a written request by a patient or by his or | ||||||
18 | her legally authorized representative, health care | ||||||
19 | practitioner, authorized attorney, or any person, entity, or | ||||||
20 | organization presenting a valid authorization for the release | ||||||
21 | of records signed by the patient or the patient's legally | ||||||
22 | authorized representative. Any health care facility that | ||||||
23 | accepts Medicaid shall upon written request of the patient or | ||||||
24 | his or her duly authorized representative provide an | ||||||
25 | electronic copy of an altered record, including audit trails | ||||||
26 | and audit logs, within 4 business days. Failure to comply with |
| |||||||
| |||||||
1 | the time limit requirement of this subsection shall result in | ||||||
2 | a rebuttable presumption that the health care record was | ||||||
3 | altered to fraudulently conceal a failure to meet the | ||||||
4 | applicable standard of care. | ||||||
5 | As used in this subsection, "audit trails and audit logs" | ||||||
6 | means all patient identifiable data held within the databases | ||||||
7 | of an electronic record and are distinctly different than the | ||||||
8 | requirements under the HIPAA Security Rule. | ||||||
9 | (f) A health care facility or health care practitioner | ||||||
10 | must provide the public with at least 30 days prior
notice of | ||||||
11 | the closure of the facility or the health care practitioner's | ||||||
12 | practice. The notice must include an explanation
of how copies | ||||||
13 | of the facility's records may be accessed by patients. The
| ||||||
14 | notice may be given by publication in a newspaper of general | ||||||
15 | circulation in the
area in which the health care facility or | ||||||
16 | health care practitioner is located.
| ||||||
17 | (g) Failure to comply with the time limit requirement of | ||||||
18 | this Section shall
subject the denying party to expenses and | ||||||
19 | reasonable attorneys' fees
incurred in connection with any | ||||||
20 | court ordered enforcement of the provisions
of this Section. | ||||||
21 | (h) Notwithstanding any other provision of the law, a | ||||||
22 | health care facility or health care practitioner shall provide | ||||||
23 | without charge one complete copy of a patient's records if the | ||||||
24 | records are being requested by the patient or a person, | ||||||
25 | entity, attorney, registered representative, or organization | ||||||
26 | presenting a valid authorization for the release of records |
| |||||||
| |||||||
1 | signed by the patient or the patient's legally authorized | ||||||
2 | representative who has provided documentation of authority to | ||||||
3 | act for the patient, or by such other
requester as is | ||||||
4 | authorized by statute if the patient is deceased, for the | ||||||
5 | purpose of supporting a claim for: (1) federal veterans' | ||||||
6 | disability benefits; (2) federal Social Security or | ||||||
7 | Supplemental Security Income benefits, or both, under any | ||||||
8 | title of the Social Security Act; or (3) Aid to the Aged, | ||||||
9 | Blind, or Disabled benefits. Upon request, and if the
records | ||||||
10 | are for at least one of the approved purposes, the requester | ||||||
11 | may obtain
updated medical records not included in the | ||||||
12 | original medical record free of charge if the request is | ||||||
13 | accompanied by a valid authorization for the release of | ||||||
14 | records signed by
the patient, the patient's legally | ||||||
15 | authorized representative who has provided documentation
of | ||||||
16 | authority to act for the patient, or such other requester as is | ||||||
17 | authorized by statute if the
patient is deceased.
| ||||||
18 | (Source: P.A. 102-183, eff. 1-1-22 .)
|