Full Text of HB5074 103rd General Assembly
HB5074 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5074 Introduced 2/8/2024, by Rep. Sharon Chung SYNOPSIS AS INTRODUCED: | | 735 ILCS 5/8-2001 | from Ch. 110, par. 8-2001 | 735 ILCS 5/8-2006 rep. | |
| Amends the Code of Civil Procedure. Prohibits a health care provider from charging a handling fee for providing medical records to a patient or patient's representative if they are electronic records retrieved from a scanning, digital imaging, electronic information, or other digital format in an electronic document. Repeals the annual adjustment for the handling fee for inflation. |
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| | A BILL FOR |
| | | | HB5074 | | LRB103 37445 JRC 67567 b |
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| 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 Section 8-2001 as follows: | 6 | | (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001) | 7 | | Sec. 8-2001. Examination of health care records. | 8 | | (a) In this Section: | 9 | | "Health care facility" or "facility" means a public or | 10 | | private hospital, ambulatory surgical treatment center, | 11 | | nursing home, independent practice association, or physician | 12 | | hospital organization, or any other entity where health care | 13 | | services are provided to any person. The term does not include | 14 | | a health care practitioner. | 15 | | "Health care practitioner" means any health care | 16 | | practitioner, including a physician, dentist, podiatric | 17 | | physician, advanced practice registered nurse, registered | 18 | | nurse, licensed practical nurse, physician assistant, clinical | 19 | | psychologist, clinical social worker, therapist, or counselor. | 20 | | The term includes a medical office, health care clinic, health | 21 | | department, group practice, and any other organizational | 22 | | structure for a licensed professional to provide health care | 23 | | services. The term does not include a health care facility. |
| | | HB5074 | - 2 - | LRB103 37445 JRC 67567 b |
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| 1 | | (b) Every private and public health care facility shall, | 2 | | upon the request of any patient who has been treated in such | 3 | | health care facility, 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, or as authorized by Section 8-2001.5, permit | 7 | | the patient, his or her health care practitioner, authorized | 8 | | attorney, or any person, entity, or organization presenting a | 9 | | valid authorization for the release of records signed by the | 10 | | patient or the patient's legally authorized representative to | 11 | | examine the health care facility patient care records, | 12 | | including but not limited to the history, bedside notes, | 13 | | charts, pictures and plates, kept in connection with the | 14 | | treatment of such patient, and permit copies of such records | 15 | | to be made by him or her or his or her health care practitioner | 16 | | or authorized attorney. | 17 | | (c) Every health care practitioner shall, upon the request | 18 | | of any patient who has been treated by the health care | 19 | | practitioner, 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, permit the patient and the patient's health | 23 | | care practitioner or authorized attorney, or any person, | 24 | | entity, or organization presenting a valid authorization for | 25 | | the release of records signed by the patient or the patient's | 26 | | legally authorized representative, to examine and copy the |
| | | HB5074 | - 3 - | LRB103 37445 JRC 67567 b |
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| 1 | | patient's records, including but not limited to those relating | 2 | | to the diagnosis, treatment, prognosis, history, charts, | 3 | | pictures and plates, kept in connection with the treatment of | 4 | | such patient. | 5 | | (d) A request for copies of the records shall be in writing | 6 | | and shall be delivered to the administrator or manager of such | 7 | | health care facility or to the health care practitioner. The | 8 | | person (including patients, health care practitioners and | 9 | | attorneys) requesting copies of records shall reimburse the | 10 | | facility or the health care practitioner at the time of such | 11 | | copying for all reasonable expenses, including the costs of | 12 | | independent copy service companies, incurred in connection | 13 | | with such copying not to exceed a $20 handling charge for | 14 | | processing the request and the actual postage or shipping | 15 | | charge, if any, plus: (1) for paper copies 75 cents per page | 16 | | for the first through 25th pages, 50 cents per page for the | 17 | | 26th through 50th pages, and 25 cents per page for all pages in | 18 | | excess of 50 (except that the charge shall not exceed $1.25 per | 19 | | page for any copies made from microfiche or microfilm; records | 20 | | retrieved from scanning, digital imaging, electronic | 21 | | information or other digital format do not qualify as | 22 | | microfiche or microfilm retrieval for purposes of calculating | 23 | | charges) ; and (2) for electronic records, retrieved from a | 24 | | scanning, digital imaging, electronic information or other | 25 | | digital format in an electronic document, a charge of 50% of | 26 | | the per page charge for paper copies under subdivision (d)(1). |
| | | HB5074 | - 4 - | LRB103 37445 JRC 67567 b |
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| 1 | | This per page charge includes the cost of each CD Rom, DVD, or | 2 | | other storage media . Records already maintained in an | 3 | | electronic or digital format shall be provided in an | 4 | | electronic format when so requested. If the records system | 5 | | does not allow for the creation or transmission of an | 6 | | electronic or digital record, then the facility or | 7 | | practitioner shall inform the requester in writing of the | 8 | | reason the records can not be provided electronically. The | 9 | | written explanation may be included with the production of | 10 | | paper copies, if the requester chooses to order paper copies. | 11 | | These rates shall be automatically adjusted as set forth in | 12 | | Section 8-2006. The facility or health care practitioner may, | 13 | | however, charge for the reasonable cost of all duplication of | 14 | | record material or information that cannot routinely be copied | 15 | | or duplicated on a standard commercial photocopy machine such | 16 | | as x-ray films or pictures. | 17 | | (d-5) The handling fee shall not be collected from the | 18 | | patient or the patient's personal representative who obtains | 19 | | copies of records under Section 8-2001.5. | 20 | | (e) The requirements of this Section shall be satisfied | 21 | | within 30 days of the receipt of a written request by a patient | 22 | | or by his or her legally authorized representative, health | 23 | | care practitioner, authorized attorney, or any person, entity, | 24 | | or organization presenting a valid authorization for the | 25 | | release of records signed by the patient or the patient's | 26 | | legally authorized representative. If the facility or health |
| | | HB5074 | - 5 - | LRB103 37445 JRC 67567 b |
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| 1 | | care practitioner needs more time to comply with the request, | 2 | | then within 30 days after receiving the request, the facility | 3 | | or health care practitioner must provide the requesting party | 4 | | with a written statement of the reasons for the delay and the | 5 | | date by which the requested information will be provided. In | 6 | | any event, the facility or health care practitioner must | 7 | | provide the requested information no later than 60 days after | 8 | | receiving the request. | 9 | | (f) A health care facility or health care practitioner | 10 | | must provide the public with at least 30 days prior notice of | 11 | | the closure of the facility or the health care practitioner's | 12 | | practice. The notice must include an explanation of how copies | 13 | | of the facility's records may be accessed by patients. The | 14 | | notice may be given by publication in a newspaper of general | 15 | | circulation in the area in which the health care facility or | 16 | | health care practitioner is located. | 17 | | (g) Failure to comply with the time limit requirement of | 18 | | this Section shall subject the denying party to expenses and | 19 | | reasonable attorneys' fees incurred in connection with any | 20 | | court ordered enforcement of the provisions of this Section. | 21 | | (h) Notwithstanding any other provision of the law, a | 22 | | health care facility or health care practitioner shall provide | 23 | | without charge one complete copy of a patient's records if the | 24 | | records are being requested by the patient or a person, | 25 | | entity, attorney, registered representative, or organization | 26 | | presenting a valid authorization for the release of records |
| | | HB5074 | - 6 - | LRB103 37445 JRC 67567 b |
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| 1 | | signed by the patient or the patient's legally authorized | 2 | | representative who has provided documentation of authority to | 3 | | act for the patient, or by such other requester as is | 4 | | authorized by statute if the patient is deceased, for the | 5 | | purpose of supporting a claim for: (1) federal veterans' | 6 | | disability benefits; (2) federal Social Security or | 7 | | Supplemental Security Income benefits, or both, under any | 8 | | title of the Social Security Act; or (3) Aid to the Aged, | 9 | | Blind, or Disabled benefits. Upon request, and if the records | 10 | | are for at least one of the approved purposes, the requester | 11 | | may obtain updated medical records not included in the | 12 | | original medical record free of charge if the request is | 13 | | accompanied by a valid authorization for the release of | 14 | | records signed by the patient, the patient's legally | 15 | | authorized representative who has provided documentation of | 16 | | authority to act for the patient, or such other requester as is | 17 | | authorized by statute if the patient is deceased. | 18 | | (Source: P.A. 102-183, eff. 1-1-22 .) | 19 | | (735 ILCS 5/8-2006 rep.) | 20 | | Section 10. The Code of Civil Procedure is amended by | 21 | | repealing Section 8-2006. |
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