Full Text of SB1907 94th General Assembly
SB1907enr 94TH GENERAL ASSEMBLY
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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 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 ,
or
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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 | 24 |
| representative to examine the health care facility
patient care | 25 |
| records,
including but not limited to the history, bedside | 26 |
| notes, charts, pictures
and plates, kept in connection with the | 27 |
| treatment of such patient, and
permit copies of such records to | 28 |
| be made by him or her or his or her
physician or authorized | 29 |
| attorney. A request for copies of the records shall
be in | 30 |
| writing and shall be delivered to the administrator or manager | 31 |
| of
such health care facility. The health care facility shall be | 32 |
| reimbursed by the
person requesting copies of records at the |
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| time of such copying for all
reasonable expenses, including the | 2 |
| costs of independent copy service companies,
incurred by the | 3 |
| health care facility in connection with such copying not to
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| exceed a $20 handling charge for processing the
request for | 5 |
| copies, and 75 cents per page for the first through 25th pages, | 6 |
| 50
cents per page for the 26th through 50th pages, and 25 cents | 7 |
| per page for all
pages in excess of 50 (except that the charge | 8 |
| shall not exceed $1.25 per page
for any copies made from | 9 |
| microfiche or microfilm), and actual shipping costs.
These | 10 |
| rates shall be automatically adjusted as set forth in Section | 11 |
| 8-2006.
The health care facility may, however, charge for the
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| reasonable cost of all duplication of
record material or | 13 |
| information that cannot routinely be copied or duplicated on
a | 14 |
| standard commercial photocopy machine such as x-ray films or | 15 |
| pictures.
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| The requirements of this Section shall be satisfied within | 17 |
| 30 days of the
receipt of a written request by a patient or by | 18 |
| his or her legally authorized
representative, physician, or
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| authorized attorney , or any person, entity, or organization | 20 |
| presenting a valid authorization for the release of records | 21 |
| signed by the patient or the patient's legally authorized | 22 |
| representative . If the health care facility
needs more time to | 23 |
| comply with the request, then within 30 days after receiving
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| the request, the facility must provide the requesting party | 25 |
| with a written
statement of the reasons for the delay and the | 26 |
| date by which the requested
information will be provided. In | 27 |
| any event, the facility must provide the
requested information | 28 |
| no later than 60 days after receiving the request.
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| A health care facility must provide the public with at | 30 |
| least 30 days prior
notice of the closure of the facility. The | 31 |
| notice must include an explanation
of how copies of the | 32 |
| facility's records may be accessed by patients. The
notice may | 33 |
| be given by publication in a newspaper of general circulation | 34 |
| 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 | 36 |
| Section shall
subject the denying party to expenses and |
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| reasonable attorneys' fees
incurred in connection with any | 2 |
| 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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