Full Text of HB0953 97th General Assembly
HB0953 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0953 Introduced 01/31/11, by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/8-2001 | from Ch. 110, par. 8-2001 |
| Amends the Code of Civil Procedure. Makes a technical change in a Section concerning the examination of health care records.
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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 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
The term
does not | 14 | | include a health care practitioner. | 15 | | "Health care practitioner" means any health care | 16 | | practitioner, including a physician, dentist, podiatrist, | 17 | | advanced practice nurse, physician assistant, clinical | 18 | | psychologist, or clinical social worker. The term includes a | 19 | | medical office, health care clinic, health department, group | 20 | | practice, and any other organizational structure for a licensed | 21 | | professional to provide health care services. The term does not | 22 | | 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, permit the patient,
his or her health care | 6 | | practitioner,
authorized attorney, or any person, entity, or | 7 | | organization presenting a valid authorization for the release | 8 | | of records signed by the patient or the patient's legally | 9 | | authorized representative to examine the health care facility
| 10 | | patient care records,
including but not limited to the history, | 11 | | bedside notes, charts, pictures
and plates, kept in connection | 12 | | with the treatment of such patient, and
permit copies of such | 13 | | records to be made by him or her or his or her
health care | 14 | | practitioner or authorized attorney. | 15 | | (c) Every health care practitioner shall, upon the request | 16 | | of any patient who has been treated by the health care | 17 | | practitioner, 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 and the patient's health | 21 | | care 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, |
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| 1 | | pictures and plates, kept in connection with the treatment of | 2 | | such patient. | 3 | | (d) A request for copies of the records shall
be in writing | 4 | | and shall be delivered to the administrator or manager of
such | 5 | | health care facility or to the health care practitioner. The
| 6 | | person (including patients, health care practitioners and | 7 | | attorneys)
requesting copies of records shall reimburse the | 8 | | facility or the health care practitioner at the time of such | 9 | | copying for all
reasonable expenses, including the costs of | 10 | | independent copy service companies,
incurred in connection | 11 | | with such copying not to
exceed a $20 handling charge for | 12 | | processing the
request and the actual postage or shipping | 13 | | charge, if any, plus: (1) for paper copies
75 cents per page | 14 | | for the first through 25th pages, 50
cents per page for the | 15 | | 26th 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; records | 18 | | retrieved from scanning, digital imaging, electronic | 19 | | information or other digital format do not qualify as | 20 | | microfiche or microfilm retrieval for purposes of calculating | 21 | | charges); and (2) for electronic records, retrieved from a | 22 | | scanning, digital imaging, electronic information or other | 23 | | digital format in a electronic document, a charge of 50% of the | 24 | | per page charge for paper copies under subdivision (d)(1). This | 25 | | per page charge includes the cost of each CD Rom, DVD, or other | 26 | | storage media. Records already maintained in an electronic or |
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| 1 | | digital format shall be provided in an electronic format when | 2 | | so requested.
If the records system does not allow for the | 3 | | creation or transmission of an electronic or digital record, | 4 | | then the facility or practitioner shall inform the requester in | 5 | | writing of the reason the records can not be provided | 6 | | electronically. The written explanation may be included with | 7 | | the production of paper copies, if the requester chooses to | 8 | | order paper copies. These rates shall be automatically adjusted | 9 | | as set forth in Section 8-2006.
The facility or health care | 10 | | practitioner may, however, charge for the
reasonable cost of | 11 | | all duplication of
record material or information that cannot | 12 | | routinely be copied or duplicated on
a standard commercial | 13 | | photocopy machine such as x-ray films or pictures.
| 14 | | (e) The requirements of this Section shall be satisfied | 15 | | within 30 days of the
receipt of a written request by a patient | 16 | | or by his or her legally authorized
representative, health care | 17 | | practitioner,
authorized attorney, or any person, entity, or | 18 | | organization presenting a valid authorization for the release | 19 | | of records signed by the patient or the patient's legally | 20 | | authorized representative. If the facility
or health care | 21 | | practitioner needs more time to comply with the request, then | 22 | | within 30 days after receiving
the request, the facility or | 23 | | health care practitioner must provide the requesting party with | 24 | | a written
statement of the reasons for the delay and the date | 25 | | by which the requested
information will be provided. In any | 26 | | event, the facility or health care practitioner must provide |
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| 1 | | the
requested information no later than 60 days after receiving | 2 | | the request.
| 3 | | (f) A health care facility or health care practitioner must | 4 | | provide the public with at least 30 days prior
notice of the | 5 | | closure of the facility or the health care practitioner's | 6 | | practice. The notice must include an explanation
of how copies | 7 | | of the facility's records may be accessed by patients. The
| 8 | | notice may be given by publication in a newspaper of general | 9 | | circulation in the
area in which the health care facility or | 10 | | health care practitioner is located.
| 11 | | (g) Failure to comply with the time limit requirement of | 12 | | this Section shall
subject the denying party to expenses and | 13 | | reasonable attorneys' fees
incurred in connection with any | 14 | | court ordered enforcement of the provisions
of this Section.
| 15 | | (Source: P.A. 94-155, eff. 1-1-06; 95-478, eff. 1-1-08 (changed | 16 | | from 8-27-07 by P.A. 95-480); 95-480, eff. 1-1-08.)
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