Full Text of SB0472 95th General Assembly
SB0472 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0472
Introduced 2/8/2007, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
|
735 ILCS 5/8-802 |
from Ch. 110, par. 8-802 |
735 ILCS 5/8-2001 |
from Ch. 110, par. 8-2001 |
735 ILCS 5/8-2003 |
from Ch. 110, par. 8-2003 |
735 ILCS 5/8-2006 |
|
|
Amends the Code of Civil Procedure. Provides that the exceptions to the physician-patient privilege against disclosure of information are expanded with a new class of exceptions (at present, there are 11 other exceptions) for information sought by subpoenas under the Medical Practice Act of 1987, the Illinois Dental Practice Act or the Nursing Home Administrators Licensing and Disciplinary Act. Provides that records of a health care facility shall be made available for examination or copying to the patient or the patient's legally authorized representative, his or her healthcare practitioner (at present, physician), authorized attorney, or any person, entity, or organization that presents a valid authorization for the release of records signed by the patient or the patient's legally authorized representative. Provides that a patient's records maintained by a health care practitioner shall be available to any person, entity, or organization presenting a valid authorization for the release of the records signed by the patient or the patient's legally authorized representative. Deletes reference in a Section concerning copying fees to a repealed Section.
|
| |
|
|
A BILL FOR
|
|
|
|
|
SB0472 |
|
LRB095 05619 AJO 25709 b |
|
| 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 Sections 8-802, 8-2001, 8-2003, and 8-2006 as follows:
| 6 |
| (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
| 7 |
| Sec. 8-802. Physician and patient. No physician or surgeon | 8 |
| shall be
permitted to disclose any information he or she may | 9 |
| have acquired in
attending any patient in a professional | 10 |
| character, necessary to enable him
or her professionally to | 11 |
| serve the patient, except only (1) in trials for
homicide when | 12 |
| the disclosure relates directly to the fact or immediate
| 13 |
| circumstances of the homicide, (2) in actions, civil or | 14 |
| criminal, against
the physician for malpractice, (3) with the | 15 |
| expressed consent of the
patient, or in case of his or her | 16 |
| death or disability, of his or her
personal representative or | 17 |
| other person authorized to sue for personal
injury or of the | 18 |
| beneficiary of an insurance policy on his or her life,
health, | 19 |
| or physical condition, (4) in all actions brought by or against | 20 |
| the
patient, his or her personal representative, a beneficiary | 21 |
| under a policy
of insurance, or the executor or administrator | 22 |
| of his or her estate wherein
the patient's physical or mental | 23 |
| condition is an issue, (5) upon an issue
as to the validity of |
|
|
|
SB0472 |
- 2 - |
LRB095 05619 AJO 25709 b |
|
| 1 |
| a document as a will of the patient, (6) in any
criminal action | 2 |
| where the charge is either first degree murder by abortion,
| 3 |
| attempted abortion or abortion, (7) in actions, civil or | 4 |
| criminal, arising
from the filing of a report in compliance | 5 |
| with the Abused and Neglected
Child Reporting Act, (8) to any | 6 |
| department, agency, institution
or facility which has custody | 7 |
| of the patient pursuant to State statute
or any court order of | 8 |
| commitment, (9) in prosecutions where written
results of blood | 9 |
| alcohol tests are admissible pursuant to Section 11-501.4
of | 10 |
| the Illinois Vehicle Code, (10) in prosecutions where written
| 11 |
| results of blood alcohol tests are admissible under Section | 12 |
| 5-11a of the
Boat Registration and Safety Act,
or (11) in | 13 |
| criminal actions arising from the filing of a report of | 14 |
| suspected
terrorist offense in compliance with Section | 15 |
| 29D-10(p)(7) of the Criminal Code
of 1961 , or (12) upon the | 16 |
| issuance of a subpoena pursuant to Section 38 of the Medical | 17 |
| Practice Act of 1987; the issuance of a subpoena pursuant to | 18 |
| Section 25.1 of the Illinois Dental Practice Act; or the | 19 |
| issuance of a subpoena pursuant to Section 22 of the Nursing | 20 |
| Home Administrators Licensing and Disciplinary Act .
| 21 |
| In the event of a conflict between the application of this | 22 |
| Section
and the Mental Health and Developmental Disabilities | 23 |
| Confidentiality
Act to a specific situation, the provisions of | 24 |
| the Mental Health and
Developmental Disabilities | 25 |
| Confidentiality Act shall control.
| 26 |
| (Source: P.A. 87-803; 92-854, eff. 12-5-02.)
|
|
|
|
SB0472 |
- 3 - |
LRB095 05619 AJO 25709 b |
|
| 1 |
| (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
| 2 |
| Sec. 8-2001. Examination of records.
| 3 |
| In this Section, "health care facility" or "facility" means | 4 |
| a public or
private hospital, ambulatory surgical treatment | 5 |
| center, nursing home,
independent practice association, or | 6 |
| physician hospital organization, or any
other entity where | 7 |
| health care services are provided to any person. The term
does | 8 |
| not include an organizational structure whose records are | 9 |
| subject to
Section 8-2003.
| 10 |
| In this Part, "practitioner" means any health care | 11 |
| practitioner, including a physician, dentist, podiatrist, | 12 |
| advanced practice nurse, physician assistant, clinical | 13 |
| psychologist, or clinical social worker. The term includes a | 14 |
| medical office, health care clinic, health department, group | 15 |
| practice, and any other organizational structure for a licensed | 16 |
| professional to provide health care services. The term does not | 17 |
| include a health care facility as defined in this Section.
| 18 |
| Every private and public health care facility shall, upon | 19 |
| the request of any
patient who has been treated in such health | 20 |
| care facility, or any person, entity, or organization | 21 |
| presenting a valid authorization for the release of records | 22 |
| signed by the patient or the patient's legally authorized | 23 |
| representative, permit the patient,
his or her healthcare | 24 |
| practitioner
physician ,
authorized attorney, or any person, | 25 |
| entity, or organization presenting a valid authorization for |
|
|
|
SB0472 |
- 4 - |
LRB095 05619 AJO 25709 b |
|
| 1 |
| the release of records signed by the patient or the patient's | 2 |
| legally authorized representative to examine the health care | 3 |
| facility
patient care records,
including but not limited to the | 4 |
| history, bedside notes, charts, pictures
and plates, kept in | 5 |
| connection with the treatment of such patient, and
permit | 6 |
| copies of such records to be made by him or her or his or her
| 7 |
| healthcare practitioner
physician or authorized attorney. A | 8 |
| request for copies of the records shall
be in writing and shall | 9 |
| be delivered to the administrator or manager of
such health | 10 |
| care facility. The health care facility shall be reimbursed by | 11 |
| the
person requesting copies of records at the time of such | 12 |
| copying for all
reasonable expenses, including the costs of | 13 |
| independent copy service companies,
incurred by the health care | 14 |
| facility in connection with such copying not to
exceed a $20 | 15 |
| handling charge for processing the
request for copies, and 75 | 16 |
| cents per page for the first through 25th pages, 50
cents per | 17 |
| page for the 26th through 50th pages, and 25 cents per page for | 18 |
| all
pages in excess of 50 (except that the charge shall not | 19 |
| exceed $1.25 per page
for any copies made from microfiche or | 20 |
| microfilm), and actual shipping costs.
These rates shall be | 21 |
| automatically adjusted as set forth in Section 8-2006.
The | 22 |
| health care facility may, however, charge for the
reasonable | 23 |
| cost of all duplication of
record material or information that | 24 |
| cannot routinely be copied or duplicated on
a standard | 25 |
| commercial photocopy machine such as x-ray films or pictures.
| 26 |
| The requirements of this Section shall be satisfied within |
|
|
|
SB0472 |
- 5 - |
LRB095 05619 AJO 25709 b |
|
| 1 |
| 30 days of the
receipt of a written request by a patient or by | 2 |
| his or her legally authorized
representative, healthcare | 3 |
| practitioner
physician ,
authorized attorney, or any person, | 4 |
| entity, or organization presenting a valid authorization for | 5 |
| the release of records signed by the patient or the patient's | 6 |
| legally authorized representative. If the health care facility
| 7 |
| needs more time to comply with the request, then within 30 days | 8 |
| after receiving
the request, the facility must provide the | 9 |
| requesting party with a written
statement of the reasons for | 10 |
| the delay and the date by which the requested
information will | 11 |
| be provided. In any event, the facility must provide the
| 12 |
| requested information no later than 60 days after receiving the | 13 |
| request.
| 14 |
| A health care facility must provide the public with at | 15 |
| least 30 days prior
notice of the closure of the facility. The | 16 |
| notice must include an explanation
of how copies of the | 17 |
| facility's records may be accessed by patients. The
notice may | 18 |
| be given by publication in a newspaper of general circulation | 19 |
| in the
area in which the health care facility is located.
| 20 |
| Failure to comply with the time limit requirement of this | 21 |
| Section shall
subject the denying party to expenses and | 22 |
| reasonable attorneys' fees
incurred in connection with any | 23 |
| court ordered enforcement of the provisions
of this Section.
| 24 |
| (Source: P.A. 93-87, eff. 7-2-03; 94-155, eff. 1-1-06.)
| 25 |
| (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
|
|
|
|
SB0472 |
- 6 - |
LRB095 05619 AJO 25709 b |
|
| 1 |
| Sec. 8-2003. Records of health care practitioners.
In
this | 2 |
| Section, "practitioner" means any health care practitioner, | 3 |
| including a
physician, dentist, podiatrist, advanced practice | 4 |
| nurse, physician
assistant, clinical psychologist, or clinical | 5 |
| social worker. The
term includes a medical
office, health care | 6 |
| clinic, health department, group practice, and any
other | 7 |
| organizational structure for a licensed professional to | 8 |
| provide health
care services. The term does not include a | 9 |
| health care facility as defined in
Section 8-2001.
| 10 |
| Every practitioner shall, upon the request of any patient
| 11 |
| who has been treated by such practitioner, or any person, | 12 |
| entity, or organization presenting a valid authorization for | 13 |
| the release of records signed by the patient or the patient's | 14 |
| legally authorized representative, permit the
patient
and the | 15 |
| patient's practitioner or authorized attorney , or any person, | 16 |
| entity, or organization presenting a valid authorization for | 17 |
| the release of records signed by the patient or the patient's | 18 |
| legally authorized representative, to examine and copy the
| 19 |
| patient's records, including but not limited to those relating | 20 |
| to the
diagnosis, treatment, prognosis, history, charts, | 21 |
| pictures and plates, kept in
connection with the treatment of | 22 |
| such patient. Such request for examining and
copying of the | 23 |
| records shall be in writing and shall be delivered to such | 24 |
| practitioner. Such written request shall be complied with by
| 25 |
| the practitioner within a reasonable time after receipt by him | 26 |
| or
her
at his or her office or any other place designated by |
|
|
|
SB0472 |
- 7 - |
LRB095 05619 AJO 25709 b |
|
| 1 |
| him or her.
| 2 |
| The requirements of this Section shall be satisfied within | 3 |
| 30 days of the
receipt of a written request.
If the | 4 |
| practitioner needs more time to comply with the request,
then
| 5 |
| within 30 days after receiving the request, the practitioner | 6 |
| must
provide the requesting party with a
written statement of | 7 |
| the reasons for the delay and the date by which the
requested | 8 |
| information will be provided. In any event, the practitioner | 9 |
| must
provide the requested information no later than 60 days | 10 |
| after
receiving the request.
| 11 |
| The practitioner shall be reimbursed by the person
| 12 |
| requesting
such
records at the time of such copying, for all | 13 |
| reasonable expenses, including
the costs of independent copy | 14 |
| service companies, incurred by the
practitioner in connection | 15 |
| with such 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 per | 20 |
| page for any copies made from microfiche or
microfilm), and | 21 |
| actual shipping costs.
These rates shall be automatically
| 22 |
| adjusted as set forth in Section 8-2006. The physician or other | 23 |
| practitioner
may, however, charge for the reasonable cost of | 24 |
| all duplication of record
material or information that cannot | 25 |
| routinely be copied or duplicated on a
standard commercial | 26 |
| photocopy machine such as x-ray films or pictures.
|
|
|
|
SB0472 |
- 8 - |
LRB095 05619 AJO 25709 b |
|
| 1 |
| A health care practitioner must provide the public with at | 2 |
| least 30 days
prior notice
of the closure of the practitioner's | 3 |
| practice. The notice must include an
explanation of how copies | 4 |
| of the practitioner's records may be accessed by
patients. The | 5 |
| notice may be given by publication in a newspaper of general
| 6 |
| circulation in
the area
in which the health care practitioner's | 7 |
| practice is located.
| 8 |
| Failure to comply with the time limit requirement of this | 9 |
| Section shall
subject the denying party to expenses and | 10 |
| reasonable attorneys' fees
incurred in connection with any | 11 |
| court ordered enforcement of the provisions
of this Section.
| 12 |
| (Source: P.A. 92-228, eff. 9-1-01; 93-87, eff. 7-2-03.)
| 13 |
| (735 ILCS 5/8-2006)
| 14 |
| Sec. 8-2006. Copying fees; adjustment for inflation. | 15 |
| Beginning in
2003, every January 20, the copying fee limits | 16 |
| established in Sections 8-2001,
8-2003, 8-2004, and 8-2005 | 17 |
| shall automatically be increased or decreased, as
applicable, | 18 |
| by a percentage equal to the percentage change in the consumer
| 19 |
| price index-u during the preceding 12-month calendar year. | 20 |
| "Consumer price
index-u" means the index published by the | 21 |
| Bureau of Labor Statistics of the
United States Department of | 22 |
| Labor that measures the average change in
prices of goods and | 23 |
| services purchased by all urban consumers, United
States city | 24 |
| average, all items, 1982-84 = 100. The new amount resulting
| 25 |
| from each annual adjustment shall be determined by the |
|
|
|
SB0472 |
- 9 - |
LRB095 05619 AJO 25709 b |
|
| 1 |
| Comptroller and
made available to the public via the | 2 |
| Comptroller's official website by January 31 of every year.
| 3 |
| (Source: P.A. 94-982, eff. 6-30-06.)
|
|