Full Text of SB1694 97th General Assembly
SB1694sam002 97TH GENERAL ASSEMBLY | Sen. A. J. Wilhelmi Filed: 3/30/2011
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| 1 | | AMENDMENT TO SENATE BILL 1694
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1694, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following: | 5 | | "Section 5. The Code of Civil Procedure is amended by | 6 | | changing Sections 8-802 and 8-2001 and by adding Section | 7 | | 8-2001.5 as follows:
| 8 | | (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
| 9 | | Sec. 8-802. Physician and patient. No physician or surgeon | 10 | | shall be
permitted to disclose any information he or she may | 11 | | have acquired in
attending any patient in a professional | 12 | | character, necessary to enable him
or her professionally to | 13 | | serve the patient, except only (1) in trials for
homicide when | 14 | | the disclosure relates directly to the fact or immediate
| 15 | | circumstances of the homicide, (2) in actions, civil or |
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| 1 | | criminal, against
the physician for malpractice, (3) with the | 2 | | expressed consent of the
patient, or in case of his or her | 3 | | death or disability, of his or her
personal representative or | 4 | | other person authorized to sue for personal
injury or of the | 5 | | beneficiary of an insurance policy on his or her life,
health, | 6 | | or physical condition, or as authorized by Section 8-2001.5, | 7 | | (4) in all actions brought by or against the
patient, his or | 8 | | her personal representative, a beneficiary under a policy
of | 9 | | insurance, or the executor or administrator of his or her | 10 | | estate wherein
the patient's physical or mental condition is an | 11 | | issue, (5) upon an issue
as to the validity of a document as a | 12 | | will of the patient, (6) in any
criminal action where the | 13 | | charge is either first degree murder by abortion,
attempted | 14 | | abortion or abortion, (7) in actions, civil or criminal, | 15 | | arising
from the filing of a report in compliance with the | 16 | | Abused and Neglected
Child Reporting Act, (8) to any | 17 | | department, agency, institution
or facility which has custody | 18 | | of the patient pursuant to State statute
or any court order of | 19 | | commitment, (9) in prosecutions where written
results of blood | 20 | | alcohol tests are admissible pursuant to Section 11-501.4
of | 21 | | the Illinois Vehicle Code, (10) in prosecutions where written
| 22 | | results of blood alcohol tests are admissible under Section | 23 | | 5-11a of the
Boat Registration and Safety Act,
(11) in criminal | 24 | | actions arising from the filing of a report of suspected
| 25 | | terrorist offense in compliance with Section 29D-10(p)(7) of | 26 | | the Criminal Code
of 1961, or (12) upon the issuance of a |
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| 1 | | subpoena pursuant to Section 38 of the Medical Practice Act of | 2 | | 1987; the issuance of a subpoena pursuant to Section 25.1 of | 3 | | the Illinois Dental Practice Act; or the issuance of a subpoena | 4 | | pursuant to Section 22 of the Nursing Home Administrators | 5 | | Licensing and Disciplinary Act.
| 6 | | In the event of a conflict between the application of this | 7 | | Section
and the Mental Health and Developmental Disabilities | 8 | | Confidentiality
Act to a specific situation, the provisions of | 9 | | the Mental Health and
Developmental Disabilities | 10 | | Confidentiality Act shall control.
| 11 | | (Source: P.A. 95-478, eff. 8-27-07.)
| 12 | | (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
| 13 | | Sec. 8-2001. Examination of health care records.
| 14 | | (a) In this Section: | 15 | | "Health care facility" or "facility" means a public or
| 16 | | private hospital, ambulatory surgical treatment center, | 17 | | nursing home,
independent practice association, or physician | 18 | | hospital organization, or any
other entity where health care | 19 | | services are provided to any person. The term
does not include | 20 | | a health care practitioner.
| 21 | | "Health care practitioner" means any health care | 22 | | practitioner, including a physician, dentist, podiatrist, | 23 | | advanced practice nurse, physician assistant, clinical | 24 | | psychologist, or clinical social worker. The term includes a | 25 | | medical office, health care clinic, health department, group |
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| 1 | | practice, and any other organizational structure for a licensed | 2 | | professional to provide health care services. The term does not | 3 | | include a health care facility.
| 4 | | (b) Every private and public health care facility shall, | 5 | | upon the request of any
patient who has been treated in such | 6 | | health care facility, or any person, entity, or organization | 7 | | presenting a valid authorization for the release of records | 8 | | signed by the patient or the patient's legally authorized | 9 | | representative, or as authorized by Section 8-2001.5, permit | 10 | | the patient,
his or her health care practitioner,
authorized | 11 | | attorney, or any person, entity, or organization presenting a | 12 | | valid authorization for the release of records signed by the | 13 | | patient or the patient's legally authorized representative to | 14 | | examine the health care facility
patient care 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 to | 18 | | be made by him or her or his or her
health care practitioner or | 19 | | authorized attorney. | 20 | | (c) Every health care practitioner shall, upon the request | 21 | | of any patient who has been treated by the health care | 22 | | practitioner, or any person, entity, or organization | 23 | | presenting a valid authorization for the release of records | 24 | | signed by the patient or the patient's legally authorized | 25 | | representative, permit the patient and the patient's health | 26 | | care practitioner or authorized attorney, or any person, |
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| 1 | | entity, or organization presenting a valid authorization for | 2 | | the release of records signed by the patient or the patient's | 3 | | legally authorized representative, to examine and copy the | 4 | | patient's records, including but not limited to those relating | 5 | | to the diagnosis, treatment, prognosis, history, charts, | 6 | | pictures and plates, kept in connection with the treatment of | 7 | | such patient. | 8 | | (d) A request for copies of the records shall
be in writing | 9 | | and shall be delivered to the administrator or manager of
such | 10 | | health care facility or to the health care practitioner. The
| 11 | | person (including patients, health care practitioners and | 12 | | attorneys)
requesting copies of records shall reimburse the | 13 | | facility or the health care practitioner at the time of such | 14 | | copying for all
reasonable expenses, including the costs of | 15 | | independent copy service companies,
incurred in connection | 16 | | with such copying not to
exceed a $20 handling charge for | 17 | | processing the
request and the actual postage or shipping | 18 | | charge, if any, plus: (1) for paper copies
75 cents per page | 19 | | for the first through 25th pages, 50
cents per page for the | 20 | | 26th through 50th pages, and 25 cents per page for all
pages in | 21 | | excess of 50 (except that the charge shall not exceed $1.25 per | 22 | | page
for any copies made from microfiche or microfilm; records | 23 | | retrieved from scanning, digital imaging, electronic | 24 | | information or other digital format do not qualify as | 25 | | microfiche or microfilm retrieval for purposes of calculating | 26 | | charges); and (2) for electronic records, retrieved from a |
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| 1 | | scanning, digital imaging, electronic information or other | 2 | | digital format in a electronic document, a charge of 50% of the | 3 | | per page charge for paper copies under subdivision (d)(1). This | 4 | | per page charge includes the cost of each CD Rom, DVD, or other | 5 | | storage media. Records already maintained in an electronic or | 6 | | digital format shall be provided in an electronic format when | 7 | | so requested.
If the records system does not allow for the | 8 | | creation or transmission of an electronic or digital record, | 9 | | then the facility or practitioner shall inform the requester in | 10 | | writing of the reason the records can not be provided | 11 | | electronically. The written explanation may be included with | 12 | | the production of paper copies, if the requester chooses to | 13 | | order paper copies. These rates shall be automatically adjusted | 14 | | as set forth in Section 8-2006.
The facility or health care | 15 | | practitioner may, however, charge for the
reasonable cost of | 16 | | all duplication of
record material or information that cannot | 17 | | routinely be copied or duplicated on
a standard commercial | 18 | | photocopy machine such as x-ray films or pictures.
| 19 | | (e) The requirements of this Section shall be satisfied | 20 | | within 30 days of the
receipt of a written request by a patient | 21 | | or by his or her legally authorized
representative, health care | 22 | | practitioner,
authorized attorney, or any person, entity, or | 23 | | organization presenting a valid authorization for the release | 24 | | of records signed by the patient or the patient's legally | 25 | | authorized representative. If the facility
or health care | 26 | | practitioner needs more time to comply with the request, then |
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| 1 | | within 30 days after receiving
the request, the facility or | 2 | | health care practitioner must provide the requesting party with | 3 | | a written
statement of the reasons for the delay and the date | 4 | | by which the requested
information will be provided. In any | 5 | | event, the facility or health care practitioner must provide | 6 | | the
requested information no later than 60 days after receiving | 7 | | the request.
| 8 | | (f) A health care facility or health care practitioner must | 9 | | provide the public with at least 30 days prior
notice of the | 10 | | closure of the facility or the health care practitioner's | 11 | | practice. The notice must include an explanation
of how copies | 12 | | of the facility's records may be accessed by patients. The
| 13 | | notice may be given by publication in a newspaper of general | 14 | | circulation in the
area in which the health care facility or | 15 | | health care practitioner is located.
| 16 | | (g) Failure to comply with the time limit requirement of | 17 | | this Section shall
subject the denying party to expenses and | 18 | | reasonable attorneys' fees
incurred in connection with any | 19 | | court ordered enforcement of the provisions
of this Section.
| 20 | | (Source: P.A. 94-155, eff. 1-1-06; 95-478, eff. 1-1-08 (changed | 21 | | from 8-27-07 by P.A. 95-480); 95-480, eff. 1-1-08.)
| 22 | | (735 ILCS 5/8-2001.5 new) | 23 | | Sec. 8-2001.5. Authorization for release of a deceased | 24 | | patient's records. | 25 | | (a) In addition to disclosure allowed under Section 8-802, |
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| 1 | | a deceased person's health care records may be released upon | 2 | | written request of the executor or administrator of the | 3 | | deceased person's estate or to an agent appointed by the | 4 | | deceased under a power of attorney for health care. When no | 5 | | executor, administrator, or agent exists, and the person did | 6 | | not specifically object to disclosure of his or her records in | 7 | | writing, then a deceased person's health care records may be | 8 | | released upon the written request of: | 9 | | (1) the deceased person's surviving spouse; or | 10 | | (2) if there is no surviving spouse, any one or more of | 11 | | the following: (i) an adult son or daughter of the | 12 | | deceased, (ii) a parent of the deceased, or (iii) an adult | 13 | | brother or sister of the deceased. | 14 | | (b) Health care facilities and practitioners are | 15 | | authorized to provide a copy of a deceased patient's records | 16 | | based upon a person's payment of the statutory fee and signed | 17 | | "Authorized Relative Certification", attesting to the fact | 18 | | that the person is authorized to receive such records under | 19 | | this Section. | 20 | | (c) Any person who, in good faith, relies on a copy of an | 21 | | Authorized Relative Certification shall have the same | 22 | | immunities from criminal and civil liability as those who rely | 23 | | on a power of attorney for health care as provided by Illinois | 24 | | law. | 25 | | (d) Upon request for records of a deceased patient, the | 26 | | named authorized relative shall provide the facility or |
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| 1 | | practitioner with a certified copy of the death certificate and | 2 | | a certification in substantially the following form: | 3 | | AUTHORIZED RELATIVE CERTIFICATION | 4 | | I, (insert name of authorized relative), certify that I am | 5 | | an authorized relative of the deceased (insert name of | 6 | | deceased). (A certified copy of the death certificate must be | 7 | | attached.) | 8 | | I certify that to the best of my knowledge and belief that | 9 | | no executor or administrator has been appointed for the | 10 | | deceased's estate, that no agent was authorized to act for the | 11 | | deceased under a power of attorney for health care, and the | 12 | | deceased has not specifically objected to disclosure in | 13 | | writing. | 14 | | I certify that I am the surviving spouse of the deceased; | 15 | | or | 16 | | I certify that there is no surviving spouse and my | 17 | | relationship to the deceased is (circle one): | 18 | | (1) An adult son or daughter of the deceased. | 19 | | (2) Either parent of the deceased. | 20 | | (3) An adult brother or sister of the deceased. |
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| 1 | | This certification is made under penalty of perjury.* | 2 | | Dated: (insert date) | 3 | | ................................. | 4 | | (Print Authorized Relative's Name) | 5 | | ................................. | 6 | | (Authorized Relative's Signature) | 7 | | ................................. | 8 | | (Authorized Relative's Address) | 9 | | *(Note: Perjury is defined in Section 32-2 of the Criminal Code | 10 | | of 1961, and is a Class 3 felony.)
| 11 | | Section 10. The Illinois Power of Attorney Act is amended | 12 | | by changing Section 4-3 as follows:
| 13 | | (755 ILCS 45/4-3) (from Ch. 110 1/2, par. 804-3)
| 14 | | Sec. 4-3. General principles. The health care powers that | 15 | | may be
delegated to an agent include, without limitation, all | 16 | | powers an individual
may have to be informed about and to | 17 | | consent to or refuse or withdraw any
type of health care for | 18 | | the individual and all powers a
parent may have to control or | 19 | | consent to health care for a minor child. A
health care agency | 20 | | may extend beyond the principal's death if necessary to
permit | 21 | | anatomical gift, autopsy , or disposition of remains , or access |
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| 1 | | to medical records . Nothing in this
Article shall impair or | 2 | | supersede any legal right or legal responsibility
which any | 3 | | person may have to effect the withholding or withdrawal of
| 4 | | life-sustaining or death-delaying procedures in any lawful | 5 | | manner, and the
provisions of this Article are cumulative in | 6 | | such respect.
| 7 | | (Source: P.A. 85-701.)
| 8 | | Section 99. Effective date. This Act takes effect October | 9 | | 1, 2011.".
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