Full Text of HB1866 095th General Assembly
HB1866 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1866
Introduced 2/23/2007, by Rep. Sidney H. Mathias SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/8-2001 |
from Ch. 110, par. 8-2001 |
735 ILCS 5/8-2003 |
from Ch. 110, par. 8-2003 |
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Amends the Code of Civil Procedure. Provides that the charge for copies of patient records held by a health care facility or health care practitioner shall not exceed $1.25 per page for copies made from an electronic record, as that term is defined in the Electronic Commerce Security Act.
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A BILL FOR
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HB1866 |
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LRB095 08476 AJO 32005 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 Sections 8-2001 and 8-2003 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 Section, "health care facility" or "facility" means | 9 |
| a public or
private hospital, ambulatory surgical treatment | 10 |
| center, nursing home,
independent practice association, or | 11 |
| physician hospital organization, or any
other entity where | 12 |
| health care services are provided to any person. The term
does | 13 |
| not include an organizational structure whose records are | 14 |
| 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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HB1866 |
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LRB095 08476 AJO 32005 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 , or an "electronic record", as that | 19 |
| term is defined in Section 5-105 of the Electronic Commerce | 20 |
| Security Act ), 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.
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| The requirements of this Section shall be satisfied within |
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HB1866 |
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LRB095 08476 AJO 32005 b |
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| 30 days of the
receipt of a written request by a patient or by | 2 |
| his or her legally authorized
representative,
physician,
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| authorized attorney, or any person, entity, or organization | 4 |
| presenting a valid authorization for the release of records | 5 |
| signed by the patient or the patient's legally authorized | 6 |
| representative. If the health care facility
needs more time to | 7 |
| comply with the request, then within 30 days after receiving
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| the request, the facility must provide the requesting party | 9 |
| with a written
statement of the reasons for the delay and the | 10 |
| date by which the requested
information will be provided. In | 11 |
| any event, the facility must provide the
requested information | 12 |
| no later than 60 days after receiving the request.
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| A health care facility must provide the public with at | 14 |
| least 30 days prior
notice of the closure of the facility. The | 15 |
| notice must include an explanation
of how copies of the | 16 |
| facility's records may be accessed by patients. The
notice may | 17 |
| be given by publication in a newspaper of general circulation | 18 |
| 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 | 20 |
| Section shall
subject the denying party to expenses and | 21 |
| reasonable attorneys' fees
incurred in connection with any | 22 |
| 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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| (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
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| Sec. 8-2003. Records of health care practitioners.
In
this |
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HB1866 |
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LRB095 08476 AJO 32005 b |
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| Section, "practitioner" means any health care practitioner, | 2 |
| including a
physician, dentist, podiatrist, advanced practice | 3 |
| nurse, physician
assistant, clinical psychologist, or clinical | 4 |
| social worker. The
term includes a medical
office, health care | 5 |
| clinic, health department, group practice, and any
other | 6 |
| organizational structure for a licensed professional to | 7 |
| provide health
care services. The term does not include a | 8 |
| health care facility as defined in
Section 8-2001.
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| Every practitioner shall, upon the request of any patient
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| who has been treated by such practitioner, permit the
patient
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| and the patient's practitioner or authorized attorney to | 12 |
| examine and copy the
patient's records, including but not | 13 |
| limited to those relating to the
diagnosis, treatment, | 14 |
| prognosis, history, charts, pictures and plates, kept in
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| connection with the treatment of such patient. Such request for | 16 |
| examining and
copying of the records shall be in writing and | 17 |
| shall be delivered to such practitioner. Such written request | 18 |
| shall be complied with by
the practitioner within a reasonable | 19 |
| time after receipt by him or
her
at his or her office or any | 20 |
| other place designated by him or her.
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| The requirements of this Section shall be satisfied within | 22 |
| 30 days of the
receipt of a written request.
If the | 23 |
| practitioner needs more time to comply with the request,
then
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| within 30 days after receiving the request, the practitioner | 25 |
| must
provide the requesting party with a
written statement of | 26 |
| the reasons for the delay and the date by which the
requested |
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HB1866 |
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LRB095 08476 AJO 32005 b |
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| information will be provided. In any event, the practitioner | 2 |
| must
provide the requested information no later than 60 days | 3 |
| after
receiving the request.
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| The practitioner shall be reimbursed by the person
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| requesting
such
records at the time of such copying, for all | 6 |
| reasonable expenses, including
the costs of independent copy | 7 |
| service companies, incurred by the
practitioner in connection | 8 |
| with such copying not to exceed a $20 handling
charge for | 9 |
| processing the request for copies, and 75 cents per page for | 10 |
| the
first through 25th pages, 50 cents per page for the 26th | 11 |
| through 50th pages,
and 25 cents per page for all pages in | 12 |
| excess of 50 (except that the charge
shall not exceed $1.25 per | 13 |
| page for any copies made from microfiche ,
or
microfilm , or an | 14 |
| "electronic record", as that term is defined in Section 5-105 | 15 |
| of the Electronic Commerce Security Act ), and actual shipping | 16 |
| costs.
These rates shall be automatically
adjusted as set forth | 17 |
| in Section 8-2006. The physician or other practitioner
may, | 18 |
| however, charge for the reasonable cost of all duplication of | 19 |
| record
material or information that cannot routinely be copied | 20 |
| or duplicated on a
standard commercial photocopy machine such | 21 |
| as x-ray films or pictures.
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| A health care practitioner must provide the public with at | 23 |
| least 30 days
prior notice
of the closure of the practitioner's | 24 |
| practice. The notice must include an
explanation of how copies | 25 |
| of the practitioner's records may be accessed by
patients. The | 26 |
| notice may be given by publication in a newspaper of general
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HB1866 |
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LRB095 08476 AJO 32005 b |
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| circulation in
the area
in which the health care practitioner's | 2 |
| practice is located.
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| Failure to comply with the time limit requirement of this | 4 |
| Section shall
subject the denying party to expenses and | 5 |
| reasonable attorneys' fees
incurred in connection with any | 6 |
| court ordered enforcement of the provisions
of this Section.
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| (Source: P.A. 92-228, eff. 9-1-01; 93-87, eff. 7-2-03.)
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