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| [ Introduced ] | [ House Amendment 001 ] |
91_HB1244eng HB1244 Engrossed LRB9101265WHdvA 1 AN ACT to amend the Code of Civil Procedure by changing 2 Sections 8-2001 and 8-2003, changing the heading of Part 20 3 of Article VIII, and adding Section 8-2005. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Code of Civil Procedure is amended by 7 changing Sections 8-2001 and 8-2003, changing the heading of 8 Part 20 of Article VIII, and adding Section 8-2005 as 9 follows: 10 (735 ILCS 5/Art. 8, Part 20 heading) 11 Part 20. Inspection ofHospitalRecords 12 (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001) 13 (Text of Section WITHOUT the changes made by P.A. 89-7, 14 which has been held unconstitutional) 15 Sec. 8-2001. Examination of records. Every private and 16 public hospital shall, upon the request of any patient who 17 has been treated in such hospital and after his or her 18 discharge therefrom, permit the patient, his or her physician 19 or authorized attorney to examine the hospital records, 20 including but not limited to the history, bedside notes, 21 charts, pictures and plates, kept in connection with the 22 treatment of such patient, and permit copies of such records 23 to be made by him or her or his or her physician or 24 authorized attorney. A request for examination of the records 25 shall be in writing and shall be delivered to the 26 administrator of such hospital. The hospital shall be 27 reimbursed by the person requesting such records at the time 28 of such copying for all reasonable expenses, including the 29 costs of independent copy service companies, incurred by the 30 hospital in connection with such copying not to exceed a $20 HB1244 Engrossed -2- LRB9101265WHdvA 1 handling charge for processing the request for copies and 25 2 cents per page and 50 cents per copy of microfiche or 3 microfilm. The handling charge shall include the first 10 4 pages or copies. The hospital may, however, charge for the 5 reasonable cost of all duplication of record material or 6 information that cannot routinely be copied or duplicated on 7 a standard photocopy machine such as x-ray films or pictures. 8 9 The requirements of this Section shall be satisfied 10 within 60 days of the receipt of a request by a patient, for 11 his or her physician, authorized attorney, or own person. 12 Failure to comply with the time limit requirement of this 13 Section shall subject the denying party to expenses and 14 reasonable attorneys' fees incurred in connection with any 15 court ordered enforcement of the provisions of this Section. 16 (Source: P.A. 84-7.) 17 (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003) 18 (Text of Section WITHOUT the changes made by P.A. 89-7, 19 which has been held unconstitutional) 20 Sec. 8-2003. Physician's Records. Every physician shall, 21 upon the request of any patient who has been treated by such 22 physician, permit such patient's physician or authorized 23 attorney to examine and copy the patient's records, including 24 but not limited to those relating to the diagnosis, 25 treatment, prognosis, history, charts, pictures and plates, 26 kept in connection with the treatment of such patient. Such 27 request for examining and copying of the records shall be in 28 writing and shall be delivered to such physician. Such 29 written request shall be complied with by the physician 30 within a reasonable time after receipt by him or her at his 31 or her office or any other place designated by him or her. 32 The physician shall be reimbursed by the person requesting 33 such records at the time of suchexamination orcopying, for HB1244 Engrossed -3- LRB9101265WHdvA 1 all reasonable expenses, including the costs of independent 2 copy service companies, incurred by the physician in 3 connection with suchexamination orcopying not to exceed a 4 $20 handling charge for processing the request for copies and 5 25 cents per page and 50 cents per copy of microfiche or 6 microfilm. The handling charge shall include the first 10 7 pages or copies. The physician may, however, charge for the 8 reasonable cost of all duplication of record material or 9 information that cannot routinely be copied or duplicated on 10 a standard photocopy machine such as x-ray films or pictures. 11 12 The requirements of this Section shall be satisfied 13 within 60 days of the receipt of a request by a patient, his 14 or her physician or authorized attorney. 15 Failure to comply with the time limit requirement of this 16 Section shall subject the denying party to expenses and 17 reasonable attorneys' fees incurred in connection with any 18 court ordered enforcement of the provisions of this Section. 19 (Source: P.A. 84-7.) 20 (735 ILCS 5/8-2005 new) 21 Sec. 8-2005. Attorney's records. Upon the request of a 22 client, an attorney shall make his or her records kept in 23 connection with the attorney's services to the client 24 available to the client's authorized attorney for examination 25 and copying. The request for examination and copying of the 26 records shall be in writing and shall be delivered to the 27 attorney. Within a reasonable time after he or she receives 28 the written request, the attorney shall comply with the 29 written request at his or her office or any other place 30 designated by him or her. The attorney shall be reimbursed 31 by the person requesting the records, at the time of copying, 32 for all reasonable expenses, including the costs of 33 independent copy service companies, incurred by the attorney HB1244 Engrossed -4- LRB9101265WHdvA 1 in connection with the copying not to exceed a $20 handling 2 charge for processing the request for copies and 25 cents per 3 page and 50 cents per copy of microfiche or microfilm. The 4 handling charge shall include the first 10 pages or copies. 5 The attorney may, however, charge for the reasonable cost of 6 all duplication of record material or information that cannot 7 routinely be copied or duplicated on a standard photocopy 8 machine. 9 The requirements of this Section shall be satisfied 10 within 60 days of the receipt of a request from a client or a 11 client's authorized attorney. 12 Failure to comply with the time limit requirement of this 13 Section shall subject the denying party to expenses and 14 reasonable attorney's fees incurred in connection with any 15 court ordered enforcement of the provisions of this Section.