Full Text of SB2295 94th General Assembly
SB2295eng 94TH GENERAL ASSEMBLY
|
|
|
SB2295 Engrossed |
|
LRB094 16335 AJO 51586 b |
|
| 1 |
| AN ACT concerning civil law.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Sections 8-2001, 8-2003, 8-2005, and 8-2006 as | 6 |
| follows:
| 7 |
| (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
| 8 |
| Sec. 8-2001. Examination of records.
| 9 |
| In this Section, "health care facility" or "facility" means | 10 |
| a public or
private hospital, ambulatory surgical treatment | 11 |
| center, nursing home,
independent practice association, or | 12 |
| physician hospital organization, or any
other entity where | 13 |
| health care services are provided to any person. The term
does | 14 |
| not include an organizational structure whose records are | 15 |
| subject to
Section 8-2003.
| 16 |
| Every private and public health care facility shall, upon | 17 |
| the request of any
patient who has been treated in such health | 18 |
| care facility, or any person, entity, or organization | 19 |
| presenting a valid authorization for the release of records | 20 |
| signed by the patient or the patient's legally authorized | 21 |
| representative, permit the patient,
his or her healthcare | 22 |
| practitioner
physician ,
authorized attorney, or any person, | 23 |
| entity, or organization presenting a valid authorization for | 24 |
| the release of records signed by the patient or the patient's | 25 |
| legally authorized representative to examine the health care | 26 |
| facility
patient care records,
including but not limited to the | 27 |
| history, bedside notes, charts, pictures
and plates, kept in | 28 |
| connection with the treatment of such patient, and
permit | 29 |
| copies of such records to be made by him or her or his or her
| 30 |
| healthcare practitioner
physician or authorized attorney. A | 31 |
| request for copies of the records shall
be in writing and shall | 32 |
| be delivered to the administrator or manager of
such health |
|
|
|
SB2295 Engrossed |
- 2 - |
LRB094 16335 AJO 51586 b |
|
| 1 |
| care facility. The health care facility shall be reimbursed by | 2 |
| the
person requesting copies of records at the time of such | 3 |
| copying for all
reasonable expenses, including the costs of | 4 |
| independent copy service companies,
incurred by the health care | 5 |
| facility in connection with such copying not to
exceed a $20 | 6 |
| handling charge for processing the
request for copies, and 75 | 7 |
| cents per page for the first through 25th pages, 50
cents per | 8 |
| page for the 26th through 50th pages, and 25 cents per page for | 9 |
| all
pages in excess of 50 (except that the charge shall not | 10 |
| exceed $1.25 per page
for any copies made from microfiche or | 11 |
| microfilm), and actual shipping costs.
These rates shall be | 12 |
| automatically adjusted as set forth in Section 8-2006.
The | 13 |
| health care facility may, however, charge for the
reasonable | 14 |
| cost of all duplication of
record material or information that | 15 |
| cannot routinely be copied or duplicated on
a standard | 16 |
| commercial photocopy machine such as x-ray films or pictures.
| 17 |
| The requirements of this Section shall be satisfied within | 18 |
| 30 days of the
receipt of a written request by a patient or by | 19 |
| his or her legally authorized
representative, healthcare | 20 |
| practitioner
physician ,
authorized attorney, or any person, | 21 |
| entity, or organization presenting a valid authorization for | 22 |
| the release of records signed by the patient or the patient's | 23 |
| legally authorized representative. If the health care facility
| 24 |
| needs more time to comply with the request, then within 30 days | 25 |
| after receiving
the request, the facility must provide the | 26 |
| requesting party with a written
statement of the reasons for | 27 |
| the delay and the date by which the requested
information will | 28 |
| be provided. In any event, the facility must provide the
| 29 |
| requested information no later than 60 days after receiving the | 30 |
| request.
| 31 |
| A health care facility must provide the public with at | 32 |
| least 30 days prior
notice of the closure of the facility. The | 33 |
| notice must include an explanation
of how copies of the | 34 |
| facility's records may be accessed by patients. The
notice may | 35 |
| be given by publication in a newspaper of general circulation | 36 |
| in the
area in which the health care facility is located.
|
|
|
|
SB2295 Engrossed |
- 3 - |
LRB094 16335 AJO 51586 b |
|
| 1 |
| Failure to comply with the time limit requirement of this | 2 |
| Section shall
subject the denying party to expenses and | 3 |
| reasonable attorneys' fees
incurred in connection with any | 4 |
| court ordered enforcement of the provisions
of this Section.
| 5 |
| (Source: P.A. 93-87, eff. 7-2-03; 94-155, eff. 1-1-06.)
| 6 |
| (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
| 7 |
| Sec. 8-2003. Records of health care practitioners.
In
this | 8 |
| Section, "practitioner" means any health care practitioner, | 9 |
| including a
physician, dentist, podiatrist, advanced practice | 10 |
| nurse, physician
assistant, clinical psychologist, or clinical | 11 |
| social worker. The
term includes a medical
office, health care | 12 |
| clinic, health department, group practice, and any
other | 13 |
| organizational structure for a licensed professional to | 14 |
| provide health
care services. The term does not include a | 15 |
| health care facility as defined in
Section 8-2001.
| 16 |
| Every practitioner shall, upon the request of any patient
| 17 |
| who has been treated by such practitioner, or any person, | 18 |
| entity, or organization presenting a valid authorization for | 19 |
| the release of records signed by the patient or the patient's | 20 |
| legally authorized representative, permit the
patient
and the | 21 |
| patient's practitioner or authorized attorney , or any person, | 22 |
| entity, or organization presenting a valid authorization for | 23 |
| the release of records signed by the patient or the patient's | 24 |
| legally authorized representative, to examine and copy the
| 25 |
| patient's records, including but not limited to those relating | 26 |
| to the
diagnosis, treatment, prognosis, history, charts, | 27 |
| pictures and plates, kept in
connection with the treatment of | 28 |
| such patient. Such request for examining and
copying of the | 29 |
| records shall be in writing and shall be delivered to such | 30 |
| practitioner. Such written request shall be complied with by
| 31 |
| the practitioner within a reasonable time after receipt by him | 32 |
| or
her
at his or her office or any other place designated by | 33 |
| him or her.
| 34 |
| The requirements of this Section shall be satisfied within | 35 |
| 30 days of the
receipt of a written request.
If the |
|
|
|
SB2295 Engrossed |
- 4 - |
LRB094 16335 AJO 51586 b |
|
| 1 |
| practitioner needs more time to comply with the request,
then
| 2 |
| within 30 days after receiving the request, the practitioner | 3 |
| must
provide the requesting party with a
written statement of | 4 |
| the reasons for the delay and the date by which the
requested | 5 |
| information will be provided. In any event, the practitioner | 6 |
| must
provide the requested information no later than 60 days | 7 |
| after
receiving the request.
| 8 |
| The practitioner shall be reimbursed by the person
| 9 |
| requesting
such
records at the time of such copying, for all | 10 |
| reasonable expenses, including
the costs of independent copy | 11 |
| service companies, incurred by the
practitioner in connection | 12 |
| with such copying not to exceed a $20 handling
charge for | 13 |
| processing the request for copies, and 75 cents per page for | 14 |
| the
first through 25th pages, 50 cents per page for the 26th | 15 |
| through 50th pages,
and 25 cents per page for all pages in | 16 |
| excess of 50 (except that the charge
shall not exceed $1.25 per | 17 |
| page for any copies made from microfiche or
microfilm), and | 18 |
| actual shipping costs.
These rates shall be automatically
| 19 |
| adjusted as set forth in Section 8-2006. The physician or other | 20 |
| practitioner
may, however, charge for the reasonable cost of | 21 |
| all duplication of record
material or information that cannot | 22 |
| routinely be copied or duplicated on a
standard commercial | 23 |
| photocopy machine such as x-ray films or pictures.
| 24 |
| A health care practitioner must provide the public with at | 25 |
| least 30 days
prior notice
of the closure of the practitioner's | 26 |
| practice. The notice must include an
explanation of how copies | 27 |
| of the practitioner's records may be accessed by
patients. The | 28 |
| notice may be given by publication in a newspaper of general
| 29 |
| circulation in
the area
in which the health care practitioner's | 30 |
| practice is located.
| 31 |
| Failure to comply with the time limit requirement of this | 32 |
| Section shall
subject the denying party to expenses and | 33 |
| reasonable attorneys' fees
incurred in connection with any | 34 |
| court ordered enforcement of the provisions
of this Section.
| 35 |
| (Source: P.A. 92-228, eff. 9-1-01; 93-87, eff. 7-2-03.)
|
|
|
|
SB2295 Engrossed |
- 5 - |
LRB094 16335 AJO 51586 b |
|
| 1 |
| (735 ILCS 5/8-2005)
| 2 |
| Sec. 8-2005. Attorney's records. This Section applies only | 3 |
| if a client and his or her authorized
attorney have complied | 4 |
| with all applicable legal requirements regarding
examination | 5 |
| and copying of client files, including but not limited to
| 6 |
| satisfaction of expenses and attorney retaining liens.
| 7 |
| Upon the request of a client, an
attorney shall permit the | 8 |
| client's authorized attorney , or any person, entity, or | 9 |
| organization presenting a valid authorization for the release | 10 |
| of records signed by the client or the client's legally | 11 |
| authorized representative, to examine and copy the
records kept | 12 |
| by the attorney in connection with the representation of the
| 13 |
| client, with the exception of attorney work product. The | 14 |
| request for
examination and copying of the records shall be in
| 15 |
| writing and shall be delivered to the attorney. Within a | 16 |
| reasonable time after
the attorney receives the written | 17 |
| request, the attorney shall comply with the
written request at | 18 |
| his or her office or any other place designated by him or
her. | 19 |
| At the time of copying, the person requesting the records shall
| 20 |
| reimburse the attorney for all reasonable expenses, including | 21 |
| the costs of
independent copy service companies, incurred by | 22 |
| the attorney in connection
with the copying not to exceed a
$20 | 23 |
| handling charge for processing the request for copies,
and
75 | 24 |
| cents per page for the first through 25th pages, 50 cents per | 25 |
| page for the
26th through 50th pages, and 25 cents per page for | 26 |
| all pages in excess of 50
(except that the charge shall not | 27 |
| exceed $1.25 per page for any copies
made from microfiche or | 28 |
| microfilm), and actual shipping costs.
These rates shall be | 29 |
| automatically
adjusted as set forth in Section 8-2006.
The | 30 |
| attorney may, however, charge for the reasonable cost of all | 31 |
| duplication of
record material or information that cannot | 32 |
| routinely be copied or
duplicated on a standard commercial | 33 |
| photocopy machine such as pictures.
| 34 |
| An attorney shall satisfy the requirements of this Section | 35 |
| within 60
days after he or she receives a request from a client | 36 |
| or his or her authorized
attorney. An attorney who fails to |
|
|
|
SB2295 Engrossed |
- 6 - |
LRB094 16335 AJO 51586 b |
|
| 1 |
| comply with the time limit requirement of
this Section shall be | 2 |
| required to pay expenses and reasonable attorney's fees
| 3 |
| incurred in connection with any court-ordered enforcement of | 4 |
| the
requirements of this Section.
| 5 |
| (Source: P.A. 92-228, eff. 9-1-01.)
| 6 |
| (735 ILCS 5/8-2006)
| 7 |
| Sec. 8-2006. Copying fees; adjustment for inflation. | 8 |
| Beginning in
2003, every January 20, the copying fee limits | 9 |
| established in Sections 8-2001,
8-2003, 8-2004, and 8-2005 | 10 |
| shall automatically be increased or decreased, as
applicable, | 11 |
| by a percentage equal to the percentage change in the consumer
| 12 |
| price index-u during the preceding 12-month calendar year. | 13 |
| "Consumer price
index-u" means the index published by the | 14 |
| Bureau of Labor Statistics of the
United States Department of | 15 |
| Labor that measures the average change in
prices of goods and | 16 |
| services purchased by all urban consumers, United
States city | 17 |
| average, all items, 1982-84 = 100. The new amount resulting
| 18 |
| from each annual adjustment shall be determined by the | 19 |
| Comptroller and
made available to the public on January 20 of | 20 |
| every year.
| 21 |
| (Source: P.A. 92-228, eff. 9-1-01.)
|
|