093_SB0055

 
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 1        AN ACT concerning health care records.

 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  Sections  8-2001, 8-2003, 8-2004, and 8-2005 and by
 6    changing the heading of Part 20 of Article VIII as follows:

 7        (735 ILCS 5/Art. 8, Part 20 heading)
 8        Part 20.  Inspection of Hospital Records.

 9        (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
10        Sec. 8-2001.  Examination of records. Every  private  and
11    public  hospital  shall,  upon the request of any patient who
12    has been treated in  such  hospital  and  after  his  or  her
13    discharge therefrom, permit the patient, his or her physician
14    or  authorized  attorney  to  examine  the  hospital records,
15    including but not limited  to  the  history,  bedside  notes,
16    charts,  pictures  and  plates,  kept  in connection with the
17    treatment of such patient, and permit copies of such  records
18    to  be  made  by  him  or  her  or  his  or  her physician or
19    authorized attorney.  A request for  copies  of  the  records
20    shall   be   in   writing  and  shall  be  delivered  to  the
21    administrator of  such  hospital.    The  hospital  shall  be
22    reimbursed  by the person requesting copies of records at the
23    time of such copying for all reasonable  expenses,  including
24    the  costs of independent copy service companies, incurred by
25    the hospital in connection with such copying not to exceed  a
26    $20  handling  charge  for processing the request for copies,
27    and 75 cents per page for the first through  25th  pages,  50
28    cents  per page for the 26th through 50th pages, and 25 cents
29    per page for all pages in  excess  of  50  (except  that  the
30    charge  shall  not  exceed $1.25 per page for any copies made
 
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 1    from microfiche or microfilm),  and  actual  shipping  costs.
 2    Any  requested  fees  must be paid prior to receiving copies.
 3    These rates shall be automatically adjusted as set  forth  in
 4    Section  8-2006.    The hospital may, however, charge for the
 5    reasonable cost of all  duplication  of  record  material  or
 6    information  that cannot routinely be copied or duplicated on
 7    a standard commercial photocopy machine such as  x-ray  films
 8    or pictures.
 9        This  Section  applies  to  any record requests including
10    those records requested by subpoena.
11        The requirements  of  this  Section  shall  be  satisfied
12    within  60  days  of  the  receipt  of a written request by a
13    patient, for his or her physician,  authorized  attorney,  or
14    own person.
15        In  addition,  a hospital must provide a 30-day notice of
16    closure of the hospital and a  statement  of  how  copies  of
17    records may be accessed by the public.  Notice may be made by
18    publication  in a newspaper of general circulation within the
19    area  that  the  hospital  serves.   Any  notice   given   by
20    publication  shall  be  made  once per week for 3 consecutive
21    weeks and shall be completed at least 30 days  prior  to  the
22    closure.
23        Failure to comply with the time limit requirement of this
24    Section  shall  subject  the  denying  party  to expenses and
25    reasonable attorneys' fees incurred in  connection  with  any
26    court ordered enforcement of the provisions of this Section.
27    (Source: P.A. 84-7; 92-228, eff. 9-1-01.)

28        (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
29        Sec.  8-2003. Records of physicians and other health care
30    practitioners.  In this  Section,  "practitioner"  means  any
31    health  care  practitioner  other  than a physician, clinical
32    psychologist, or clinical social worker including independent
33    practice  associations,  physician  hospital   organizations,
 
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 1    medical offices, clinics group practices, and other corporate
 2    or  organizational  entities in which a licensed professional
 3    provides health care services.
 4        Every physician and practitioner shall, upon the  request
 5    of  any  patient  who  has  been treated by such physician or
 6    practitioner,  permit  the  patient  or  the  such  patient's
 7    physician, practitioner, or authorized  attorney  to  examine
 8    and  copy the patient's records, including but not limited to
 9    those  relating  to  the  diagnosis,  treatment,   prognosis,
10    history, charts, pictures and plates, kept in connection with
11    the  treatment  of  such patient.  Such request for examining
12    and copying of the records shall be in writing and  shall  be
13    delivered  to  such  physician or practitioner.  Such written
14    request  shall  be  complied  with  by   the   physician   or
15    practitioner within a reasonable time after receipt by him or
16    her at his or her office or any other place designated by him
17    or her.  The physician or practitioner shall be reimbursed by
18    the  person  requesting  such  records  at  the  time of such
19    copying, for all reasonable expenses, including the costs  of
20    independent copy service companies, incurred by the physician
21    or practitioner in connection with such copying not to exceed
22    a  $20 handling charge for processing the request for copies,
23    and 75 cents per page for the first through  25th  pages,  50
24    cents  per page for the 26th through 50th pages, and 25 cents
25    per page for all pages in  excess  of  50  (except  that  the
26    charge  shall  not  exceed $1.25 per page for any copies made
27    from microfiche or microfilm),  and  actual  shipping  costs.
28    Any  requested  fees  must be paid prior to receiving copies.
29    These rates shall be automatically adjusted as set  forth  in
30    Section  8-2006.   The  physician  or other practitioner may,
31    however, charge for the reasonable cost of all duplication of
32    record material  or  information  that  cannot  routinely  be
33    copied  or  duplicated  on  a  standard  commercial photocopy
34    machine such as x-ray films or pictures.
 
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 1        This Section applies to  any  record  requests  including
 2    those records requested by subpoena.
 3        The  requirements  of  this  Section  shall  be satisfied
 4    within 60 days of the receipt  of  a  written  request  by  a
 5    patient  or his or her physician, practitioner, or authorized
 6    attorney.
 7        In addition, a physician or practitioner is  required  to
 8    provide  a  30-day  notice  of  closure  of  the physician or
 9    practitioner's practice and a  statement  of  how  copies  of
10    records may be accessed by the public.  Notice may be made by
11    publication  within  the  area that the practice serves.  Any
12    notice given by publication shall be made once per week for 3
13    consecutive weeks and shall be completed  at  least  30  days
14    prior to the closure.
15        Failure to comply with the time limit requirement of this
16    Section  shall  subject  the  denying  party  to expenses and
17    reasonable attorneys' fees incurred in  connection  with  any
18    court ordered enforcement of the provisions of this Section.
19    (Source: P.A. 84-7; 92-228, eff. 9-1-01.)

20        (735 ILCS 5/8-2004) (from Ch. 110, par. 8-2004)
21        Sec.  8-2004.   Records  of  clinical  psychologists  and
22    clinical   social   workers.    Except   where  the  clinical
23    psychologist or clinical social worker consents, records of a
24    clinical psychologist or clinical social worker regulated  in
25    this State, relating to psychological services or social work
26    services,  shall  not  be  examined  or  copied by a patient,
27    unless otherwise ordered by the court for good  cause  shown.
28    For  the  purpose of obtaining records, the patient or his or
29    her authorized agent may apply to the circuit  court  of  the
30    county  in  which  the patient resides or the county in which
31    the clinical psychologist or clinical social worker  resides.
32    The  clinical psychologist or clinical social worker shall be
33    reimbursed by the person requesting the records at  the  time
 
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 1    of  the  copying,  for all reasonable expenses, including the
 2    costs of independent copy service companies, incurred by  the
 3    clinical psychologist or clinical social worker in connection
 4    with  the  copying,  not  to exceed a $20 handling charge for
 5    processing the request for copies, and 75 cents per page  for
 6    the  first through 25th pages, 50 cents per page for the 26th
 7    through 50th pages, and 25 cents per page for  all  pages  in
 8    excess  of  50 (except that the charge shall not exceed $1.25
 9    per page for any copies made from microfiche  or  microfilm),
10    and  actual  shipping costs.  Any requested fees must be paid
11    prior  to   receiving   copies.    These   rates   shall   be
12    automatically  adjusted  as set forth in Section 8-2006.  The
13    clinical psychologist or clinical social worker may, however,
14    charge for the reasonable cost of all duplication  of  record
15    material  or  information  that cannot routinely be copied or
16    duplicated or a standard commercial photocopy machine such as
17    pictures.
18        In addition, a custodian of medical records of a clinical
19    psychologist or social worker must provide a 30-day notice of
20    closure of  the  clinical  psychologist  or  social  worker's
21    practice  and  a  statement  of  how copies of records may be
22    accessed by the public.  Notice may be made by publication in
23    a newspaper of general circulation within the area  that  the
24    practice  serves.   Any  notice given by publication shall be
25    made once per week for  3  consecutive  weeks  and  shall  be
26    completed at least 30 days prior to the closure.
27    (Source: P.A. 87-530; 92-228, eff. 9-1-01.)

28        (735 ILCS 5/8-2005)
29        Sec.  8-2005.  Attorney's  records.  This Section applies
30    only if a client and his  or  her  authorized  attorney  have
31    complied  with  all  applicable  legal requirements regarding
32    examination and copying of client files,  including  but  not
33    limited  to  satisfaction  of expenses and attorney retaining
 
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 1    liens.
 2        Upon the request of a client, an  attorney  shall  permit
 3    the  client's  authorized  attorney  to  examine and copy the
 4    records  kept  by  the  attorney  in  connection   with   the
 5    representation  of the client, with the exception of attorney
 6    work product. The request for examination and copying of  the
 7    records  shall  be  in  writing and shall be delivered to the
 8    attorney.   Within  a  reasonable  time  after  the  attorney
 9    receives the written request, the attorney shall comply  with
10    the  written  request at his or her office or any other place
11    designated by him or her.  At the time of copying, the person
12    requesting the records shall reimburse the attorney  for  all
13    reasonable  expenses, including the costs of independent copy
14    service companies, incurred by  the  attorney  in  connection
15    with  the  copying  not  to  exceed a $20 handling charge for
16    processing the request for copies, and 75 cents per page  for
17    the  first through 25th pages, 50 cents per page for the 26th
18    through 50th pages, and 25 cents per page for  all  pages  in
19    excess  of  50 (except that the charge shall not exceed $1.25
20    per page for any copies made from microfiche  or  microfilm),
21    and  actual  shipping  costs. Any requested fees must be paid
22    prior  to   receiving   copies.    These   rates   shall   be
23    automatically  adjusted  as  set forth in Section 8-2006. The
24    attorney may, however, charge for the reasonable cost of  all
25    duplication  of  record  material  or information that cannot
26    routinely be copied or duplicated on  a  standard  commercial
27    photocopy machine such as pictures.
28        Any   entity   legally   authorized  to  receive  copies,
29    including via a subpoena, must comply with this Section.
30        An  attorney  shall  satisfy  the  requirements  of  this
31    Section within 60 days after he or  she  receives  a  written
32    request  from a client or his or her authorized attorney.  An
33    attorney who fails to comply with the time limit  requirement
34    of  this  Section  shall  be  required  to  pay  expenses and
 
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 1    reasonable attorney's fees incurred in  connection  with  any
 2    court-ordered   enforcement   of  the  requirements  of  this
 3    Section.
 4    (Source: P.A. 92-228, eff. 9-1-01.)

 5        Section 99.  Effective date.  This Act takes effect  upon
 6    becoming law.