Full Text of SB0472 95th General Assembly
SB0472enr 95TH 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 Sections 8-802, 8-2001, 8-2005, and 8-2006 as follows:
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| (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
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| Sec. 8-802. Physician and patient. No physician or surgeon | 8 |
| shall be
permitted to disclose any information he or she may | 9 |
| have acquired in
attending any patient in a professional | 10 |
| character, necessary to enable him
or her professionally to | 11 |
| serve the patient, except only (1) in trials for
homicide when | 12 |
| the disclosure relates directly to the fact or immediate
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| circumstances of the homicide, (2) in actions, civil or | 14 |
| criminal, against
the physician for malpractice, (3) with the | 15 |
| expressed consent of the
patient, or in case of his or her | 16 |
| death or disability, of his or her
personal representative or | 17 |
| other person authorized to sue for personal
injury or of the | 18 |
| beneficiary of an insurance policy on his or her life,
health, | 19 |
| or physical condition, (4) in all actions brought by or against | 20 |
| the
patient, his or her personal representative, a beneficiary | 21 |
| under a policy
of insurance, or the executor or administrator | 22 |
| of his or her estate wherein
the patient's physical or mental | 23 |
| condition is an issue, (5) upon an issue
as to the validity of |
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| a document as a will of the patient, (6) in any
criminal action | 2 |
| where the charge is either first degree murder by abortion,
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| attempted abortion or abortion, (7) in actions, civil or | 4 |
| criminal, arising
from the filing of a report in compliance | 5 |
| with the Abused and Neglected
Child Reporting Act, (8) to any | 6 |
| department, agency, institution
or facility which has custody | 7 |
| of the patient pursuant to State statute
or any court order of | 8 |
| commitment, (9) in prosecutions where written
results of blood | 9 |
| alcohol tests are admissible pursuant to Section 11-501.4
of | 10 |
| the Illinois Vehicle Code, (10) in prosecutions where written
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| results of blood alcohol tests are admissible under Section | 12 |
| 5-11a of the
Boat Registration and Safety Act,
or (11) in | 13 |
| criminal actions arising from the filing of a report of | 14 |
| suspected
terrorist offense in compliance with Section | 15 |
| 29D-10(p)(7) of the Criminal Code
of 1961 , or (12) upon the | 16 |
| issuance of a subpoena pursuant to Section 38 of the Medical | 17 |
| Practice Act of 1987; the issuance of a subpoena pursuant to | 18 |
| Section 25.1 of the Illinois Dental Practice Act; or the | 19 |
| issuance of a subpoena pursuant to Section 22 of the Nursing | 20 |
| Home Administrators Licensing and Disciplinary Act .
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| In the event of a conflict between the application of this | 22 |
| Section
and the Mental Health and Developmental Disabilities | 23 |
| Confidentiality
Act to a specific situation, the provisions of | 24 |
| the Mental Health and
Developmental Disabilities | 25 |
| Confidentiality Act shall control.
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| (Source: P.A. 87-803; 92-854, eff. 12-5-02.)
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| (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
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| Sec. 8-2001. Examination of health care records.
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| (a) In this Section : , | 4 |
| " Health
health care facility" or "facility" means a public | 5 |
| or
private hospital, ambulatory surgical treatment center, | 6 |
| nursing home,
independent practice association, or physician | 7 |
| hospital organization, or any
other entity where health care | 8 |
| services are provided to any person. The term
does not include | 9 |
| a health care practitioner
an organizational structure whose | 10 |
| records are subject to
Section 8-2003 .
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| "Health care practitioner" means any health care | 12 |
| practitioner, including a physician, dentist, podiatrist, | 13 |
| advanced practice nurse, physician assistant, clinical | 14 |
| psychologist, or clinical social worker. The term includes a | 15 |
| medical office, health care clinic, health department, group | 16 |
| practice, and any other organizational structure for a licensed | 17 |
| professional to provide health care services. The term does not | 18 |
| include a health care facility.
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| (b) Every private and public health care facility shall, | 20 |
| upon the request of any
patient who has been treated in such | 21 |
| health care facility, 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, permit the patient,
his or her health care | 25 |
| practitioner
physician ,
authorized attorney, or any person, |
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| entity, or organization presenting a valid authorization for | 2 |
| the release of records signed by the patient or the patient's | 3 |
| legally authorized representative to examine the health care | 4 |
| facility
patient care records,
including but not limited to the | 5 |
| history, bedside notes, charts, pictures
and plates, kept in | 6 |
| connection with the treatment of such patient, and
permit | 7 |
| copies of such records to be made by him or her or his or her
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| health care practitioner
physician or authorized attorney. | 9 |
| (c) Every health care practitioner shall, upon the request | 10 |
| of any patient who has been treated by the health care | 11 |
| practitioner, or any person, entity, or organization | 12 |
| presenting a valid authorization for the release of records | 13 |
| signed by the patient or the patient's legally authorized | 14 |
| representative, permit the patient and the patient's health | 15 |
| care practitioner or authorized attorney, or any person, | 16 |
| entity, or organization presenting a valid authorization for | 17 |
| the release of records signed by the patient or the patient's | 18 |
| legally authorized representative, to examine and copy the | 19 |
| patient's records, including but not limited to those relating | 20 |
| to the diagnosis, treatment, prognosis, history, charts, | 21 |
| pictures and plates, kept in connection with the treatment of | 22 |
| such patient. | 23 |
| (d) A request for copies of the records shall
be in writing | 24 |
| and shall be delivered to the administrator or manager of
such | 25 |
| health care facility or to the health care practitioner . The | 26 |
| health care facility shall be reimbursed by the
person |
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| (including patients, health care practitioners and attorneys)
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| requesting copies of records shall reimburse the facility or | 3 |
| the health care practitioner at the time of such copying for | 4 |
| all
reasonable expenses, including the costs of independent | 5 |
| copy service companies,
incurred by the health care facility in | 6 |
| connection with such copying not to
exceed a $20 handling | 7 |
| charge for processing the
request for copies, and the actual | 8 |
| postage or shipping charge, if any, plus: (1) for paper copies
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| 75 cents per page for the first through 25th pages, 50
cents | 10 |
| per page for the 26th through 50th pages, and 25 cents per page | 11 |
| for all
pages in excess of 50 (except that the charge shall not | 12 |
| exceed $1.25 per page
for any copies made from microfiche or | 13 |
| microfilm ; records retrieved from scanning, digital imaging, | 14 |
| electronic information or other digital format do not qualify | 15 |
| as microfiche or microfilm retrieval for purposes of | 16 |
| calculating charges); and (2) for electronic records, | 17 |
| retrieved from a scanning, digital imaging, electronic | 18 |
| information or other digital format in a electronic document, a | 19 |
| charge of 75 cents for each CD Rom, DVD, or other storage | 20 |
| media. Records already maintained in an electronic or digital | 21 |
| format shall be provided in an electronic format when so | 22 |
| requested ), and actual shipping costs .
If the records system | 23 |
| does not allow for the creation or transmission of an | 24 |
| electronic or digital record, then the facility or practitioner | 25 |
| shall inform the requester in writing of the reason the records | 26 |
| can not be provided electronically. These rates shall be |
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| automatically adjusted as set forth in Section 8-2006.
The | 2 |
| health care facility or health care practitioner may, however, | 3 |
| charge for the
reasonable cost of all duplication of
record | 4 |
| material or information that cannot routinely be copied or | 5 |
| duplicated on
a standard commercial photocopy machine such as | 6 |
| x-ray films or pictures.
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| (e) The requirements of this Section shall be satisfied | 8 |
| within 30 days of the
receipt of a written request by a patient | 9 |
| or by his or her legally authorized
representative, health care | 10 |
| practitioner
physician ,
authorized attorney, or any person, | 11 |
| entity, or organization presenting a valid authorization for | 12 |
| the release of records signed by the patient or the patient's | 13 |
| legally authorized representative. If the health care facility
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| or health care practitioner needs more time to comply with the | 15 |
| request, then within 30 days after receiving
the request, the | 16 |
| facility or health care practitioner must provide the | 17 |
| requesting party with a written
statement of the reasons for | 18 |
| the delay and the date by which the requested
information will | 19 |
| be provided. In any event, the facility or health care | 20 |
| practitioner must provide the
requested information no later | 21 |
| than 60 days after receiving the request.
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| (f) A health care facility or health care practitioner must | 23 |
| provide the public with at least 30 days prior
notice of the | 24 |
| closure of the facility or the health care practitioner's | 25 |
| practice . The notice must include an explanation
of how copies | 26 |
| of the facility's records may be accessed by patients. The
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| notice may be given by publication in a newspaper of general | 2 |
| circulation in the
area in which the health care facility or | 3 |
| health care practitioner is located.
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| (g) Failure to comply with the time limit requirement of | 5 |
| this Section shall
subject the denying party to expenses and | 6 |
| reasonable attorneys' fees
incurred in connection with any | 7 |
| 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 5/8-2005)
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| Sec. 8-2005. Attorney's records. This Section applies only | 11 |
| if a client and his or her authorized
attorney have complied | 12 |
| with all applicable legal requirements regarding
examination | 13 |
| and copying of client files, including but not limited to
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| satisfaction of expenses and attorney retaining liens.
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| Upon the request of a client, an
attorney shall permit the | 16 |
| client's authorized attorney to examine and copy the
records | 17 |
| kept by the attorney in connection with the representation of | 18 |
| the
client, with the exception of attorney work product. The | 19 |
| request for
examination and copying of the records shall be in
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| writing and shall be delivered to the attorney. Within a | 21 |
| reasonable time after
the attorney receives the written | 22 |
| request, the attorney shall comply with the
written request at | 23 |
| his or her office or any other place designated by him or
her. | 24 |
| At the time of copying, the person requesting the records shall
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| reimburse the attorney for all reasonable expenses, including |
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| the costs of
independent copy service companies, incurred by | 2 |
| the attorney in connection
with the copying not to exceed a
$20 | 3 |
| handling charge for processing the request for copies ,
and
the | 4 |
| actual postage or shipping charges, if any, plus (1) for paper | 5 |
| copies 75 cents per page for the first through 25th pages, 50 | 6 |
| 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 ; records retrieved from scanning, | 10 |
| digital imaging, electronic information or other digital | 11 |
| format do not qualify as microfiche or microfilm retrieval for | 12 |
| purposes of calculating charges); and (2) for electronic | 13 |
| records, retrieved from a scanning, digital imaging, | 14 |
| electronic information or other digital format in a electronic | 15 |
| document, a charge of 75 cents for each CD Rom, DVD, or other | 16 |
| storage media. Records already maintained in an electronic or | 17 |
| digital format shall be provided in an electronic format when | 18 |
| so requested ), and actual shipping costs . If the records system | 19 |
| does not allow for the creation or transmission of an | 20 |
| electronic or digital record, then the attorney shall inform | 21 |
| the requester in writing of the reason the records cannot be | 22 |
| provided electronically.
These rates shall be automatically
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| adjusted as set forth in Section 8-2006.
The attorney may, | 24 |
| however, charge for the reasonable cost of all duplication of
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| record material or information that cannot routinely be copied | 26 |
| or
duplicated on a standard commercial photocopy machine such |
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| as pictures.
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| An attorney shall satisfy the requirements of this Section | 3 |
| within 60
days after he or she receives a request from a client | 4 |
| or his or her authorized
attorney. An attorney who fails to | 5 |
| comply with the time limit requirement of
this Section shall be | 6 |
| required to pay expenses and reasonable attorney's fees
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| incurred in connection with any court-ordered enforcement of | 8 |
| the
requirements of this Section.
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| (Source: P.A. 92-228, eff. 9-1-01.)
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| (735 ILCS 5/8-2006)
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| Sec. 8-2006. Copying fees; adjustment for inflation. | 12 |
| Beginning in
2003, every January 20, the copying fee limits | 13 |
| established in Sections 8-2001 ,
8-2003, 8-2004, and 8-2005 | 14 |
| shall automatically be increased or decreased, as
applicable, | 15 |
| by a percentage equal to the percentage change in the consumer
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| price index-u during the preceding 12-month calendar year. | 17 |
| "Consumer price
index-u" means the index published by the | 18 |
| Bureau of Labor Statistics of the
United States Department of | 19 |
| Labor that measures the average change in
prices of goods and | 20 |
| services purchased by all urban consumers, United
States city | 21 |
| average, all items, 1982-84 = 100. The new amount resulting
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| from each annual adjustment shall be determined by the | 23 |
| Comptroller and
made available to the public via the | 24 |
| Comptroller's official website by January 31 of every year.
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| (Source: P.A. 94-982, eff. 6-30-06.)
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| (735 ILCS 5/8-2003 rep.)
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| Section 90. The Code of Civil Procedure is amended by | 3 |
| repealing Section 8-2003.
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law. |
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