97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2918

 

Introduced 2/23/2011, by Rep. Angelo Saviano

 

SYNOPSIS AS INTRODUCED:
 
215 ILCS 5/155.66 new
735 ILCS 5/8-2002  from Ch. 110, par. 8-2002

    Amends the Illinois Insurance Code to provide that insurance companies that require the submission of medical records of an applicant for any reason shall pay the health care facility or health care practitioner the applicable fees established under the provision of the Code of Civil Procedure concerning examination of health care records. Amends the Code of Civil Procedure to provide that insurance companies requesting copies of records of an applicant for any reason shall pay the health care facility or health care practitioner the applicable fees established under the provision of the Code of Civil Procedure concerning examination of health care records.


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A BILL FOR

 

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1    AN ACT concerning insurance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Insurance Code is amended by adding
5Section 155.66 as follows:
 
6    (215 ILCS 5/155.66 new)
7    Sec. 155.66. Payment for health records. Insurance
8companies that transact business in this State of any kind that
9require the submission of medical records of an applicant,
10subscriber, insured, enrollee, or beneficiary for any reason
11shall pay the health care facility or health care practitioner
12the applicable fees established under Section 8-2001 of the
13Code of Civil Procedure.
 
14    Section 10. The Code of Civil Procedure is amended by
15changing Section 8-2002 as follows:
 
16    (735 ILCS 5/8-2002)  (from Ch. 110, par. 8-2002)
17    Sec. 8-2002. Application.
18    (a) Part 20 of Article VIII of this Act does not apply to
19the records of patients, inmates, or persons being examined,
20observed or treated in any institution, division, program or
21service now existing, or hereafter acquired or created under

 

 

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1the jurisdiction of the Department of Human Services as
2successor to the Department of Mental Health and Developmental
3Disabilities and the Department of Alcoholism and Substance
4Abuse, or over which, in that capacity, the Department of Human
5Services exercises executive or administrative supervision.
6    (b) In the event of a conflict between the application of
7Part 20 of Article VIII of this Act and the Mental Health and
8Developmental Disabilities Confidentiality Act or subsection
9(bb) of Section 30-5 of the Alcoholism and Other Drug Abuse and
10Dependency Act to a specific situation, the provisions of the
11Mental Health and Developmental Disabilities Confidentiality
12Act or subsection (bb) of Section 30-5 of the Alcoholism and
13Other Drug Abuse and Dependency Act shall control. The
14provisions of federal law concerning the confidentiality of
15alcohol and drug abuse patient records, as contained in Title
1621 of the United States Code, Section 1175; Title 42 of the
17United States Code, Section 4582; 42 CFR Part 2; and any other
18regulations promulgated pursuant thereto, all as now or
19hereafter amended, shall supersede all other laws and
20regulations concerning such confidentiality, except where any
21such otherwise applicable laws or regulations are more
22stringent, in which case the most stringent shall apply.
23    (c) Insurance companies requesting copies of records of an
24applicant, subscriber, insured, enrollee, or beneficiary for
25any reason shall pay the health care facility or health care
26practitioner the applicable fees established under Section

 

 

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18-2001 of the Code of Civil Procedure.
2(Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)