Full Text of SB1821 096th General Assembly
SB1821 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1821
Introduced 2/20/2009, by Sen. David Luechtefeld SYNOPSIS AS INTRODUCED: |
|
|
Amends the Hospital Licensing Act. Makes a technical change in a Section concerning protection of and confidential access to medical records
and information.
|
| |
|
|
A BILL FOR
|
|
|
|
|
SB1821 |
|
LRB096 11140 DRJ 21508 b |
|
| 1 |
| AN ACT concerning regulation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Hospital Licensing Act is amended by | 5 |
| changing Section 6.17 as follows:
| 6 |
| (210 ILCS 85/6.17)
| 7 |
| Sec. 6.17.
Protection of and confidential access to medical | 8 |
| records
and information.
| 9 |
| (a) Every hospital licensed under this this Act shall | 10 |
| develop a medical record
for each of its patients as required | 11 |
| by the Department by rule.
| 12 |
| (b) All information regarding a hospital patient gathered | 13 |
| by the hospital's
medical staff and its agents and employees | 14 |
| shall be the property and
responsibility of the hospital and | 15 |
| must be protected from inappropriate
disclosure as provided in | 16 |
| this Section.
| 17 |
| (c) Every hospital shall preserve its medical records in a | 18 |
| format and for a
duration established by hospital policy and | 19 |
| for not less than 10 years,
provided that if the hospital has | 20 |
| been notified in writing by an attorney
before the expiration | 21 |
| of the 10 year retention period that there is litigation
| 22 |
| pending in court involving the record of a particular patient | 23 |
| as possible
evidence and that the patient is his client or is |
|
|
|
SB1821 |
- 2 - |
LRB096 11140 DRJ 21508 b |
|
| 1 |
| the person who has instituted
such litigation against his | 2 |
| client, then the hospital shall retain the record
of that | 3 |
| patient until notified in writing by the plaintiff's attorney, | 4 |
| with the
approval of the defendant's attorney of record, that | 5 |
| the case in court
involving
such record has been concluded or | 6 |
| for a period of 12 years from the date that
the record was | 7 |
| produced, whichever occurs first in time.
| 8 |
| (d) No member of a hospital's medical staff and no agent or | 9 |
| employee of a
hospital shall disclose the nature or details of | 10 |
| services provided to patients,
except that the information may | 11 |
| be disclosed to the patient, persons authorized
by the patient, | 12 |
| the party making treatment decisions, if the patient
is | 13 |
| incapable of making decisions regarding the health services | 14 |
| provided, those
parties directly involved with providing | 15 |
| treatment to the patient or processing
the payment for that | 16 |
| treatment, those parties responsible for peer review,
| 17 |
| utilization review or quality assurance, risk management, or
| 18 |
| defense of claims
brought against the hospital arising out of | 19 |
| the care, and those parties
required to be notified under the | 20 |
| Abused and Neglected Child Reporting Act, the
Illinois Sexually | 21 |
| Transmissible Disease Control Act, or where otherwise
| 22 |
| authorized or required by law.
| 23 |
| (e) The hospital's medical staff members and the hospital's | 24 |
| agents and
employees may communicate, at any time and in any | 25 |
| fashion, with legal counsel
for
the hospital concerning the | 26 |
| patient medical record privacy and retention
requirements of |
|
|
|
SB1821 |
- 3 - |
LRB096 11140 DRJ 21508 b |
|
| 1 |
| this Section and any care or treatment they provided or
| 2 |
| assisted in providing to any patient within the scope of their | 3 |
| employment
or affiliation with the hospital.
| 4 |
| (e-5) Notwithstanding subsections (d) and (e), for actions | 5 |
| filed on or
after January 1, 2004, after a complaint for | 6 |
| healing art malpractice is
served upon the hospital or upon its | 7 |
| agents or employees, members of the
hospital's medical staff | 8 |
| who are not actual or alleged agents, employees, or
apparent | 9 |
| agents of the hospital may not communicate with legal counsel | 10 |
| for the
hospital or with risk management of the hospital | 11 |
| concerning the claim alleged
in
the complaint for healing art | 12 |
| malpractice against the hospital except with the
patient's | 13 |
| consent or in discovery authorized by the Code of Civil | 14 |
| Procedure or
the Supreme Court rules. For the purposes of this | 15 |
| subsection (e-5),
"hospital" includes a hospital affiliate as | 16 |
| defined in subsection (b) of
Section 10.8 of this Act.
| 17 |
| (f) Each hospital licensed under this Act shall provide its
| 18 |
| federally
designated organ procurement agency and any tissue | 19 |
| bank with which it has an
agreement with access to the medical | 20 |
| records of deceased patients for the
following purposes:
| 21 |
| (1) estimating the hospital's organ and tissue | 22 |
| donation potential;
| 23 |
| (2) identifying the educational needs of the hospital | 24 |
| with respect to
organ and tissue donation; and
| 25 |
| (3) identifying the number of organ and tissue | 26 |
| donations and referrals to
potential organ and tissue |
|
|
|
SB1821 |
- 4 - |
LRB096 11140 DRJ 21508 b |
|
| 1 |
| donors.
| 2 |
| (g) All hospital and patient information, interviews, | 3 |
| reports,
statements,
memoranda, and other data obtained or | 4 |
| created by a tissue bank or federally
designated organ | 5 |
| procurement agency from the medical records review described
in | 6 |
| subsection (f) shall be privileged, strictly confidential, and
| 7 |
| used
only for
the purposes put forth in subsection (f) of this | 8 |
| Section and shall
not
be
admissible as evidence nor | 9 |
| discoverable in an action of any kind in court or
before a | 10 |
| tribunal, board, agency, or person.
| 11 |
| (h) Any person who, in good faith, acts in accordance with | 12 |
| the
terms
of this Section shall not be subject to any type of | 13 |
| civil or criminal liability
or
discipline for unprofessional | 14 |
| conduct for those actions under any
professional
licensing | 15 |
| statute.
| 16 |
| (i) Any individual who wilfully or wantonly discloses | 17 |
| hospital or medical
record information in violation of
this | 18 |
| Section is guilty of a Class A
misdemeanor. As used in this | 19 |
| subsection, "wilfully or wantonly" means a course
of action | 20 |
| that shows an actual or deliberate intention to cause harm or | 21 |
| that,
if not intentional, shows an utter indifference to or | 22 |
| conscious disregard for
the safety of others or their property.
| 23 |
| (j) The changes to this Section made by this amendatory Act | 24 |
| of the 93rd
General Assembly apply to any action filed on or | 25 |
| after January 1, 2004.
| 26 |
| (Source: P.A. 93-492, eff. 1-1-04.)
|
|