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91_SB1350
LRB9110857DHmb
1 AN ACT to amend the Code of Civil Procedure by changing
2 Sections 8-2001, 8-2003, and 8-2004, changing the heading of
3 Part 20 of Article VIII, and adding Sections 8-2005 and
4 8-2006.
5 Be it enacted by the People of the State of Illinois,
6 represented in the General Assembly:
7 Section 5. The Code of Civil Procedure is amended by
8 changing Sections 8-2001, 8-2003, and 8-2004, changing the
9 heading of Part 20 of Article VIII, and adding Sections
10 8-2005 and 8-2006 as follows:
11 (735 ILCS 5/Art. 8, Part 20 heading)
12 Part 20. Inspection of Hospital Records
13 (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
14 (Text of Section WITHOUT the changes made by P.A. 89-7,
15 which has been held unconstitutional)
16 Sec. 8-2001. Examination of records. Every private and
17 public hospital shall, upon the request of any patient who
18 has been treated in such hospital and after his or her
19 discharge therefrom, permit the patient, his or her physician
20 or authorized attorney to examine the hospital records,
21 including but not limited to the history, bedside notes,
22 charts, pictures and plates, kept in connection with the
23 treatment of such patient, and permit copies of such records
24 to be made by him or her or his or her physician or
25 authorized attorney. A request for copies examination of the
26 records shall be in writing and shall be delivered to the
27 administrator of such hospital. The hospital shall be
28 reimbursed by the person requesting copies of records at the
29 time of such copying for all reasonable expenses, including
30 the costs of independent copy service companies, incurred by
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1 the hospital in connection with such copying not to exceed a
2 $25 handling charge for processing the request for copies and
3 37 cents per page (except that the charge shall not exceed $1
4 per page for any copies made from microfiche or microfilm),
5 and actual shipping costs. These rates shall be
6 automatically adjusted as set forth in Section 8-2006. The
7 hospital may, however, charge for the reasonable cost of all
8 duplication of record material or information that cannot
9 routinely be copied or duplicated on a standard commercial
10 photocopy machine such as x-ray films or pictures.
11 The requirements of this Section shall be satisfied
12 within 60 days of the receipt of a request by a patient, for
13 his or her physician, authorized attorney, or own person.
14 Failure to comply with the time limit requirement of this
15 Section shall subject the denying party to expenses and
16 reasonable attorneys' fees incurred in connection with any
17 court ordered enforcement of the provisions of this Section.
18 (Source: P.A. 84-7.)
19 (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
20 (Text of Section WITHOUT the changes made by P.A. 89-7,
21 which has been held unconstitutional)
22 Sec. 8-2003. Physician's Records of physicians and other
23 health care practitioners. In this Section, "practitioner"
24 means any health care practitioner other than a physician,
25 clinical psychologist, or clinical social worker.
26 Every physician and practitioner shall, upon the request
27 of any patient who has been treated by such physician or
28 practitioner, permit such patient's physician, practitioner,
29 or authorized attorney to examine and copy the patient's
30 records, including but not limited to those relating to the
31 diagnosis, treatment, prognosis, history, charts, pictures
32 and plates, kept in connection with the treatment of such
33 patient. Such request for examining and copying of the
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1 records shall be in writing and shall be delivered to such
2 physician or practitioner. Such written request shall be
3 complied with by the physician or practitioner within a
4 reasonable time after receipt by him or her at his or her
5 office or any other place designated by him or her. The
6 physician or practitioner shall be reimbursed by the person
7 requesting such records at the time of such examination or
8 copying, for all reasonable expenses, including the costs of
9 independent copy service companies, incurred by the physician
10 or practitioner in connection with such examination or
11 copying not to exceed a $25 handling charge for processing
12 the request for copies, and 37 cents per page (except that
13 the charge shall not exceed $1 per page for any copies made
14 from microfiche or microfilm), and actual shipping costs.
15 These rates shall be automatically adjusted as set forth in
16 Section 8-2006. The physician or other practitioner may,
17 however, charge for the reasonable cost of all duplication of
18 record material or information that cannot routinely be
19 copied or duplicated on a standard commercial photocopy
20 machine such as x-ray films or pictures.
21 The requirements of this Section shall be satisfied
22 within 60 days of the receipt of a request by a patient or,
23 his or her physician, practitioner, or authorized attorney.
24 Failure to comply with the time limit requirement of this
25 Section shall subject the denying party to expenses and
26 reasonable attorneys' fees incurred in connection with any
27 court ordered enforcement of the provisions of this Section.
28 (Source: P.A. 84-7.)
29 (735 ILCS 5/8-2004) (from Ch. 110, par. 8-2004)
30 (Text of Section WITHOUT the changes made by P.A. 89-7,
31 which has been held unconstitutional)
32 Sec. 8-2004. Records of clinical psychologists and
33 clinical social workers. Except where the clinical
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1 psychologist or clinical social worker consents, records of a
2 clinical psychologist or clinical social worker regulated in
3 this State, relating to psychological services or social work
4 services, shall not be examined or copied by a patient,
5 unless otherwise ordered by the court for good cause shown.
6 For the purpose of obtaining records, the patient or his or
7 her authorized agent may apply to the circuit court of the
8 county in which the patient resides or the county in which
9 the clinical psychologist or clinical social worker resides.
10 The clinical psychologist or clinical social worker shall be
11 reimbursed by the person requesting the records at the time
12 of the examination or copying, for all reasonable expenses,
13 including the costs of independent copy service companies,
14 incurred by the clinical psychologist or clinical social
15 worker in connection with the examination or copying, not to
16 exceed a $25 handling charge for processing the request for
17 copies, and 37 cents per page (except that the charge shall
18 not exceed $1 per page for any copies made from microfiche or
19 microfilm), and actual shipping costs. These rates shall be
20 automatically adjusted as set forth in Section 8-2006. The
21 clinical psychologist or clinical social worker may, however,
22 charge for the reasonable cost of all duplication of record
23 material or information that cannot routinely be copied or
24 duplicated or a standard commercial photocopy machine such as
25 pictures.
26 (Source: P.A. 87-530.)
27 (735 ILCS 5/8-2005 new)
28 Sec. 8-2005. Attorney's records. This Section applies
29 only if a client and his or her authorized attorney have
30 complied with all applicable legal requirements regarding
31 examination and copying of client files, including but not
32 limited to satisfaction of expenses and attorney retaining
33 liens.
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1 Upon the request of a client, an attorney shall permit
2 the client's authorized attorney to examine and copy the
3 records kept by the attorney in connection with the
4 representation of the client, with the exception of attorney
5 work product. The request for examination and copying of the
6 records shall be in writing and shall be delivered to the
7 attorney. Within a reasonable time after the attorney
8 receives the written request, the attorney shall comply with
9 the written request at his or her office or any other place
10 designated by him or her. At the time of copying, the person
11 requesting the records shall reimburse the attorney for all
12 reasonable expenses, including the costs of independent copy
13 service companies, incurred by the attorney in connection
14 with the copying not to exceed a $25 handling charge for
15 processing the request for copies, and 37 cents per page
16 (except that the charge shall not exceed $1 per page for any
17 copies made from microfiche or microfilm), and actual
18 shipping costs. These rates shall be automatically adjusted
19 as set forth in Section 8-2006. The attorney may, however,
20 charge for the reasonable cost of all duplication of record
21 material or information that cannot routinely be copied or
22 duplicated on a standard commercial photocopy machine such as
23 pictures.
24 An attorney shall satisfy the requirements of this
25 Section within 60 days after he or she receives a request
26 from a client or his or her authorized attorney. An attorney
27 who fails to comply with the time limit requirement of this
28 Section shall be required to pay expenses and reasonable
29 attorney's fees incurred in connection with any court-ordered
30 enforcement of the requirements of this Section.
31 (735 ILCS 5/8-2006 new)
32 Sec. 8-2006. Copying fees; adjustment for inflation.
33 Beginning in 2002, every January 20, the copying fee limits
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1 established in Sections 8-2001, 8-2003, 8-2004, and 8-2005
2 shall automatically be increased or decreased, as applicable,
3 by a percentage equal to the percentage change in the
4 consumer price index-u during the preceding 12-month calendar
5 year. "Consumer price index-u" means the index published by
6 the Bureau of Labor Statistics of the United States
7 Department of Labor that measures the average change in
8 prices of goods and services purchased by all urban
9 consumers, United States city average, all items, 1982-84 =
10 100. The new amount resulting from each annual adjustment
11 shall be determined by the Comptroller and made available to
12 the public on January 20 of every year.
13 Section 99. Effective date. This Act takes effect 30
14 days after becoming law.