Full Text of HB5164 101st General Assembly
HB5164 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5164 Introduced , by Rep. Sue Scherer SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/8-2001 | from Ch. 110, par. 8-2001 |
735 ILCS 5/8-2001.5 | |
735 ILCS 5/8-2006 |
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Amends the Code of Civil Procedure. Removes provisions allowing a health care facility or health care practitioner to charge a patient or a patient's representatives fees for photocopies of patient records. Makes conforming changes.
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| | A BILL FOR |
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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 Sections 8-2001, 8-2001.5, and 8-2006 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, physician | 18 | | assistant, clinical psychologist, or clinical social worker. | 19 | | The term includes a medical office, health care clinic, health | 20 | | department, group practice, and any other organizational | 21 | | structure for a licensed professional to provide health care | 22 | | services. The term does not include a health care facility.
| 23 | | (b) Every private and public health care facility shall, |
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| 1 | | upon the request of any
patient who has been treated in such | 2 | | health care facility, or any person, entity, or organization | 3 | | presenting a valid authorization for the release of records | 4 | | signed by the patient or the patient's legally authorized | 5 | | representative, or as authorized by Section 8-2001.5, permit | 6 | | the patient,
his or her health care practitioner,
authorized | 7 | | attorney, or any person, entity, or organization presenting a | 8 | | valid authorization for the release of records signed by the | 9 | | patient or the patient's legally authorized representative to | 10 | | examine the health care facility
patient care records,
| 11 | | including but not limited to the history, bedside notes, | 12 | | charts, pictures
and plates, kept in connection with the | 13 | | treatment of such patient, and
permit copies of such records to | 14 | | be made by him or her or his or her
health care practitioner or | 15 | | authorized attorney. | 16 | | (c) Every health care practitioner shall, upon the request | 17 | | of any patient who has been treated by the health care | 18 | | practitioner, 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 and the patient's health | 22 | | care practitioner or 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 and copy the | 26 | | patient's records, including but not limited to those relating |
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| 1 | | to the diagnosis, treatment, prognosis, history, charts, | 2 | | pictures and plates, kept in connection with the treatment of | 3 | | such patient. | 4 | | (d) A request for copies of the records shall
be in writing | 5 | | and shall be delivered to the administrator or manager of
such | 6 | | health care facility or to the health care practitioner. A | 7 | | patient who has been treated by the health care practitioner, | 8 | | or any person, entity, or organization presenting a valid | 9 | | authorization for the release of records signed by the patient | 10 | | or the patient's legally authorized representative may not be | 11 | | charged for photocopies of the records. The
person (including | 12 | | patients, health care practitioners and attorneys)
requesting | 13 | | copies of records shall reimburse the facility or the health | 14 | | care practitioner at the time of such copying for all
| 15 | | reasonable expenses, including the costs of independent copy | 16 | | service companies,
incurred in connection with such copying not | 17 | | to
exceed a $20 handling charge for processing the
request and | 18 | | the actual postage or shipping charge, if any, plus: (1) for | 19 | | paper copies
75 cents per page for the first through 25th | 20 | | pages, 50
cents per page for the 26th through 50th pages, and | 21 | | 25 cents per page for all
pages in excess of 50 (except that | 22 | | the charge shall not exceed $1.25 per page
for any copies made | 23 | | from microfiche or microfilm; records retrieved from scanning, | 24 | | digital imaging, electronic information or other digital | 25 | | format do not qualify as microfiche or microfilm retrieval for | 26 | | purposes of calculating charges); and (2) for electronic |
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| 1 | | records, retrieved from a scanning, digital imaging, | 2 | | electronic information or other digital format in an electronic | 3 | | document, a charge of 50% of the per page charge for paper | 4 | | copies under subdivision (d)(1). This per page charge includes | 5 | | the cost of each CD Rom, DVD, or other storage media. Records | 6 | | already maintained in an electronic or digital format shall be | 7 | | provided in an electronic format when so requested.
If the | 8 | | records system does not allow for the creation or transmission | 9 | | of an electronic or digital record, then the facility or | 10 | | practitioner shall inform the requester in writing of the | 11 | | reason the records can not be provided electronically. The | 12 | | written explanation may be included with the production of | 13 | | paper copies, if the requester chooses to order paper copies. | 14 | | These rates shall be automatically adjusted as set forth in | 15 | | Section 8-2006.
The facility or health care practitioner may, | 16 | | however, charge for the
reasonable cost of all duplication of
| 17 | | record material or information that cannot routinely be copied | 18 | | or duplicated on
a standard commercial photocopy machine such | 19 | | as x-ray films or pictures or CD Roms, DVDs, or other storage | 20 | | media .
| 21 | | (d-5) (Blank). The handling fee shall not be collected from | 22 | | the patient or the patient's personal representative who | 23 | | obtains copies of records under Section 8-2001.5. | 24 | | (e) The requirements of this Section shall be satisfied | 25 | | within 30 days of the
receipt of a written request by a patient | 26 | | or by his or her legally authorized
representative, health care |
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| 1 | | practitioner,
authorized attorney, or any person, entity, or | 2 | | organization presenting a valid authorization for the release | 3 | | of records signed by the patient or the patient's legally | 4 | | authorized representative. If the facility
or health care | 5 | | practitioner needs more time to comply with the request, then | 6 | | within 30 days after receiving
the request, the facility or | 7 | | health care practitioner must provide the requesting party with | 8 | | a written
statement of the reasons for the delay and the date | 9 | | by which the requested
information will be provided. In any | 10 | | event, the facility or health care practitioner must provide | 11 | | the
requested information no later than 60 days after receiving | 12 | | the request.
| 13 | | (f) A health care facility or health care practitioner must | 14 | | provide the public with at least 30 days prior
notice of the | 15 | | closure of the facility or the health care practitioner's | 16 | | practice. The notice must include an explanation
of how copies | 17 | | of the facility's records may be accessed by patients. The
| 18 | | notice may be given by publication in a newspaper of general | 19 | | circulation in the
area in which the health care facility or | 20 | | health care practitioner is located.
| 21 | | (g) Failure to comply with the time limit requirement of | 22 | | this Section shall
subject the denying party to expenses and | 23 | | reasonable attorneys' fees
incurred in connection with any | 24 | | court ordered enforcement of the provisions
of this Section. | 25 | | (h) Notwithstanding any other provision of the law in | 26 | | recognition of service provided, a health care facility or |
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| 1 | | health care practitioner shall provide without charge one | 2 | | duplication of record materials or information in a patient's | 3 | | records that cannot routinely be copied or duplicated on a | 4 | | standard commercial photocopy machine complete copy of a | 5 | | patient's records if: (1) the patient is an indigent homeless | 6 | | veteran; and (2) the records are being requested by the patient | 7 | | or a person, entity, or organization presenting a valid | 8 | | authorization for the release of records signed by the patient | 9 | | or the patient's legally authorized representative, for the | 10 | | purpose of supporting a claim for federal veterans' disability | 11 | | benefits.
| 12 | | (Source: P.A. 100-513, eff. 1-1-18; 100-814, eff. 1-1-19 .)
| 13 | | (735 ILCS 5/8-2001.5) | 14 | | Sec. 8-2001.5. Authorization for release of a deceased | 15 | | patient's records. | 16 | | (a) In addition to disclosure allowed under Section 8-802, | 17 | | a deceased person's health care records must be released upon | 18 | | written request of the executor or administrator of the | 19 | | deceased person's estate or to an agent appointed by the | 20 | | deceased under a power of attorney for health care. When no | 21 | | executor, administrator, or agent exists, and the person did | 22 | | not specifically object to disclosure of his or her records in | 23 | | writing, then a deceased person's health care records must be | 24 | | released upon the written request of a person, who is | 25 | | considered to be a personal representative of the patient for |
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| 1 | | the purpose of the release of a deceased patient's health care | 2 | | records, in one of these categories: | 3 | | (1) the deceased person's surviving spouse; or | 4 | | (2) if there is no surviving spouse, any one or more of | 5 | | the following: (i) an adult son or daughter of the | 6 | | deceased, (ii) a parent of the deceased, or (iii) an adult | 7 | | brother or sister of the deceased. | 8 | | (b) Health care facilities and practitioners are | 9 | | authorized to provide a copy of a deceased patient's records | 10 | | based upon a person's payment of the statutory fee and signed | 11 | | "Authorized Relative Certification", attesting to the fact | 12 | | that the person is authorized to receive such records under | 13 | | this Section. | 14 | | (c) Any person who, in good faith, relies on a copy of an | 15 | | Authorized Relative Certification shall have the same | 16 | | immunities from criminal and civil liability as those who rely | 17 | | on a power of attorney for health care as provided by Illinois | 18 | | law. | 19 | | (d) Upon request for records of a deceased patient, the | 20 | | named authorized relative shall provide the facility or | 21 | | practitioner with a certified copy of the death certificate and | 22 | | a certification in substantially the following form: | 23 | | AUTHORIZED RELATIVE CERTIFICATION | 24 | | I, (insert name of authorized relative), certify that I am |
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| 1 | | an authorized relative of the deceased (insert name of | 2 | | deceased). (A certified copy of the death certificate must be | 3 | | attached.) | 4 | | I certify that to the best of my knowledge and belief that | 5 | | no executor or administrator has been appointed for the | 6 | | deceased's estate, that no agent was authorized to act for the | 7 | | deceased under a power of attorney for health care, and the | 8 | | deceased has not specifically objected to disclosure in | 9 | | writing. | 10 | | I certify that I am the surviving spouse of the deceased; | 11 | | or | 12 | | I certify that there is no surviving spouse and my | 13 | | relationship to the deceased is (circle one): | 14 | | (1) An adult son or daughter of the deceased. | 15 | | (2) Either parent of the deceased. | 16 | | (3) An adult brother or sister of the deceased. | 17 | | I certify that I am seeking the records as a personal | 18 | | representative who is acting in a representative capacity and | 19 | | who is authorized to seek these records under Section 8-2001.5 | 20 | | of the Code of Civil Procedure. | 21 | | This certification is made under penalty of perjury.* |
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| 1 | | Dated: (insert date) | 2 | | ................................. | 3 | | (Print Authorized Relative's Name) | 4 | | ................................. | 5 | | (Authorized Relative's Signature) | 6 | | ................................. | 7 | | (Authorized Relative's Address) | 8 | | *(Note: Perjury is defined in Section 32-2 of the Criminal Code | 9 | | of 2012, and is a Class 3 felony.)
| 10 | | (Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12; | 11 | | 97-1150, eff. 1-25-13 .)
| 12 | | (735 ILCS 5/8-2006)
| 13 | | Sec. 8-2006. Copying fees; adjustment for inflation. | 14 | | Beginning in
2003, every January 20, the copying fee limits | 15 | | established in Section Sections 8-2001 and 8-2005 shall | 16 | | automatically be increased or decreased, as
applicable, by a | 17 | | percentage equal to the percentage change in the consumer
price | 18 | | index-u during the preceding 12-month calendar year. "Consumer | 19 | | price
index-u" means the index published by the Bureau of Labor | 20 | | Statistics of the
United States Department of Labor that | 21 | | measures the average change in
prices of goods and services | 22 | | purchased by all urban consumers, United
States city average, |
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| 1 | | all items, 1982-84 = 100. The new amount resulting
from each | 2 | | annual adjustment shall be determined by the Comptroller and
| 3 | | made available to the public via the Comptroller's official | 4 | | website by January 31 of every year.
| 5 | | (Source: P.A. 94-982, eff. 6-30-06; 95-478, eff. 1-1-08 | 6 | | (changed from 8-27-07 by P.A. 95-480).)
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