Full Text of SB1281 95th General Assembly
SB1281 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1281
Introduced 2/9/2007, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/8-2001 |
from Ch. 110, par. 8-2001 |
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Amends the Code of Civil Procedure. Makes a technical change in a Section concerning health care facility records.
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A BILL FOR
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SB1281 |
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LRB095 10898 AJO 31182 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Section 8-2001 as follows:
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| (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
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| Sec. 8-2001. Examination of records.
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| In this
this Section, "health care facility" or "facility" | 9 |
| means a public or
private hospital, ambulatory surgical | 10 |
| treatment center, nursing home,
independent practice | 11 |
| association, or physician hospital organization, or any
other | 12 |
| entity where health care services are provided to any person. | 13 |
| The term
does not include an organizational structure whose | 14 |
| records are subject to
Section 8-2003.
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| Every private and public health care facility shall, upon | 16 |
| the request of any
patient who has been treated in such health | 17 |
| care facility, or any person, entity, or organization | 18 |
| presenting a valid authorization for the release of records | 19 |
| signed by the patient or the patient's legally authorized | 20 |
| representative, permit the patient,
his or her physician,
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| authorized attorney, or any person, entity, or organization | 22 |
| presenting a valid authorization for the release of records | 23 |
| signed by the patient or the patient's legally authorized |
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SB1281 |
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LRB095 10898 AJO 31182 b |
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| representative to examine the health care facility
patient care | 2 |
| records,
including but not limited to the history, bedside | 3 |
| notes, charts, pictures
and plates, kept in connection with the | 4 |
| treatment of such patient, and
permit copies of such records to | 5 |
| be made by him or her or his or her
physician or authorized | 6 |
| attorney. A request for copies of the records shall
be in | 7 |
| writing and shall be delivered to the administrator or manager | 8 |
| of
such health care facility. The health care facility shall be | 9 |
| reimbursed by the
person requesting copies of records at the | 10 |
| time of such copying for all
reasonable expenses, including the | 11 |
| costs of independent copy service companies,
incurred by the | 12 |
| health care facility in connection with such copying not to
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| exceed a $20 handling charge for processing the
request for | 14 |
| copies, and 75 cents per page for the first through 25th pages, | 15 |
| 50
cents per page for the 26th through 50th pages, and 25 cents | 16 |
| per page for all
pages in excess of 50 (except that the charge | 17 |
| shall not exceed $1.25 per page
for any copies made from | 18 |
| microfiche or microfilm), and actual shipping costs.
These | 19 |
| rates shall be automatically adjusted as set forth in Section | 20 |
| 8-2006.
The health care facility may, however, charge for the
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| reasonable cost of all duplication of
record material or | 22 |
| information that cannot routinely be copied or duplicated on
a | 23 |
| standard commercial photocopy machine such as x-ray films or | 24 |
| pictures.
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| The requirements of this Section shall be satisfied within | 26 |
| 30 days of the
receipt of a written request by a patient or by |
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SB1281 |
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LRB095 10898 AJO 31182 b |
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| his or her legally authorized
representative, physician,
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| authorized attorney, or any person, entity, or organization | 3 |
| presenting a valid authorization for the release of records | 4 |
| signed by the patient or the patient's legally authorized | 5 |
| representative. If the health care facility
needs more time to | 6 |
| comply with the request, then within 30 days after receiving
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| the request, the facility must provide the requesting party | 8 |
| with a written
statement of the reasons for the delay and the | 9 |
| date by which the requested
information will be provided. In | 10 |
| any event, the facility must provide the
requested information | 11 |
| no later than 60 days after receiving the request.
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| A health care facility must provide the public with at | 13 |
| least 30 days prior
notice of the closure of the facility. The | 14 |
| notice must include an explanation
of how copies of the | 15 |
| facility's records may be accessed by patients. The
notice may | 16 |
| be given by publication in a newspaper of general circulation | 17 |
| in the
area in which the health care facility is located.
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| Failure to comply with the time limit requirement of this | 19 |
| Section shall
subject the denying party to expenses and | 20 |
| reasonable attorneys' fees
incurred in connection with any | 21 |
| court ordered enforcement of the provisions
of this Section.
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| (Source: P.A. 93-87, eff. 7-2-03; 94-155, eff. 1-1-06.)
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