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92_HB6320 LRB9218226ACac 1 AN ACT concerning patient health information. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Patient Health Information Act. 6 Section 5. Purpose. The purpose of this Act is to 7 establish certain rights of patients to obtain health care 8 information. 9 Section 10. Definitions. For the purposes of this Act: 10 "Heath care professional" means a physician, dentist, 11 podiatrist, or other individual appropriately licensed or 12 registered to provide health care services. 13 "Health care services" means any services included in the 14 furnishing to any individual of medical care, or the 15 hospitalization incident to the furnishing of such care, as 16 well as the furnishing to any person of any and all other 17 services for the purpose of preventing, alleviating, curing, 18 or healing human illness or injury, including home health and 19 pharmaceutical services and products. 20 "Health care provider" means a hospital facility, 21 ambulatory surgical treatment center, nursing home, 22 independent practice association, physician-hospital 23 organization, or other person, other than a health care 24 professional, dentist, or podiatrist, that is licensed or 25 otherwise authorized to deliver health care services. 26 "Patient" means any person who has received or is 27 receiving health care treatment, services, or products from a 28 health care professional or health care provider. 29 Section 15. Explanation of bill. Every patient, -2- LRB9218226ACac 1 regardless of source of payment, may examine and receive a 2 reasonable explanation of his or her total bill for health 3 care services rendered by his or her health care professional 4 or health care provider, including the itemized charges for 5 specific health care services received. Each health care 6 professional or health care provider shall be responsible 7 only for a reasonable explanation of those specific health 8 care services provided by the health care professional or 9 health care provider. 10 Section 20. Disclosure. Each health care professional, 11 health care provider, health services corporation, and 12 insurance company shall refrain from disclosing the nature or 13 details of health care services provided to patients, except 14 that the information may be disclosed to the patient, the 15 party making treatment decisions regarding the health care 16 services provided, those parties directly involved with 17 providing treatment to the patient or processing the payment 18 for that treatment, those parties responsible for peer 19 review, utilization review and quality assurance, and those 20 parties required to be notified under the Abused and 21 Neglected Child Reporting Act, the Illinois Sexually 22 Transmissible Disease Control Act, and where otherwise 23 authorized or required by law. This right may be waived in 24 writing by the patient or the patient's representative or 25 guardian, but a health care professional or other health care 26 provider may not condition the provision of health care 27 services on the patient's or representative's or guardian's 28 agreement to sign a waiver. 29 Section 25. Examination and copying of records; 30 reimbursement; notice of closure; failure to comply. Every 31 health care professional and health care provider shall, upon 32 the request of any patient who has been treated by the -3- LRB9218226ACac 1 professional or provider, permit the patient, the patient's 2 health care professional, health care provider, or authorized 3 attorney to examine and copy the patient's records, including 4 but not limited to those relating to the diagnosis, 5 treatment, prognosis, history, charts, pictures, and plates, 6 kept in connection with the treatment of the patient. All 7 requests for examining and copying of the records shall be in 8 writing and shall be delivered to such professional or 9 provider. In the case of a hospital or other facility, the 10 request shall be delivered to the administrator of the 11 facility. A written request shall be complied with by the 12 professional or provider within a reasonable time after 13 receipt. 14 The requirements of this Section shall be satisfied 15 within 30 days of the receipt of a written request by a 16 patient or his or her health care professional, health care 17 provider, or authorized attorney. If the professional or 18 provider needs more time to comply with the request, then the 19 professional or provider must provide the requesting party 20 with a written statement of the reasons for the delay and the 21 date by which the requested information will be provided no 22 later than 60 days from receipt of the request. 23 The professional or provider shall be reimbursed by the 24 person requesting records at the time of such examination or 25 copying for all reasonable expenses, including the costs of 26 independent copy service companies, incurred by the 27 professional or provider in connection with copying. 28 Reasonable expenses may not exceed a $20 handling charge for 29 processing the request for copies, and 75 cents per page for 30 the first through 25th pages, 50 cents per page for the 26th 31 through 50th pages, and 25 cents per page for all pages in 32 excess of 50 (except that the charge shall not exceed $1.25 33 per page for any copies made from microfiche or microfilm), 34 and actual shipping costs. The requested fee must be paid in -4- LRB9218226ACac 1 order to receive the copies, even if the copies are being 2 provided pursuant to a subpoena. These rates shall be 3 automatically adjusted as set forth in Section 8-2006 of the 4 Code of Civil Procedure. The professional or provider may, 5 however, charge for the reasonable cost of all duplication of 6 record material or information that cannot routinely be 7 copied or duplicated on a standard commercial photocopy 8 machine such as x-ray films or pictures. 9 Professionals and providers must provide 30 days prior 10 notice of closure and explanation of how copies of records 11 may be accessed to the public. Notice may be by publication 12 in a newspaper of general circulation in the area in which 13 the professional or provider is located. 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 Section 30. Responsibility for maintenance and transfer 19 of medical records. 20 (a) A health care professional or health care provider 21 who has an ownership interest in a business entity, 22 regardless of the form of organization of the business 23 entity, organized for the purpose of providing health care 24 services is responsible for the maintenance and transfer of 25 all patient medical records originated by or in the 26 possession of that business entity. A health care 27 professional or health care provider subject to this Section 28 shall act to assure that patients are given notice of 29 procedures to obtain a copy or transfer of the patient's 30 medical records. 31 (b) Within 180 days after the effective date of this 32 Act, the Department shall issue rules necessary for the 33 implementation of this Section. -5- LRB9218226ACac 1 (c) A health care professional or health care provider 2 who violates this Section or the rules promulgated under this 3 Section is subject to disciplinary action by the disciplinary 4 board governing that professional. 5 Section 35. Rules. The Department of Public Health 6 shall have the authority to adopt any rules necessary for the 7 implementation of this Act. 8 Section 90. The Code of Civil Procedure is amended by 9 changing Sections 8-2001, 8-2005, and 8-2006 as follows: 10 (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001) 11 Sec. 8-2001. Examination of records. Patient health care 12 records are available from health care professionals and 13 health care providers in accordance with Section 25 of the 14 Patient Health Information Act.
Every private and public15 hospital shall, upon the request of any patient who has been16 treated in such hospital and after his or her discharge17 therefrom, permit the patient, his or her physician or18 authorized attorney to examine the hospital records,19 including but not limited to the history, bedside notes,20 charts, pictures and plates, kept in connection with the21 treatment of such patient, and permit copies of such records22 to be made by him or her or his or her physician or23 authorized attorney. A request for copies of the records24 shall be in writing and shall be delivered to the25 administrator of such hospital. The hospital shall be26 reimbursed by the person requesting copies of records at the27 time of such copying for all reasonable expenses, including28 the costs of independent copy service companies, incurred by29 the hospital in connection with such copying not to exceed a30 $20 handling charge for processing the request for copies,31 and 75 cents per page for the first through 25th pages, 50-6- LRB9218226ACac 1 cents per page for the 26th through 50th pages, and 25 cents2 per page for all pages in excess of 50 (except that the3 charge shall not exceed $1.25 per page for any copies made4 from microfiche or microfilm), and actual shipping costs.5 These rates shall be automatically adjusted as set forth in6 Section 8-2006. The hospital may, however, charge for the7 reasonable cost of all duplication of record material or8 information that cannot routinely be copied or duplicated on9 a standard commercial photocopy machine such as x-ray films10 or pictures.11 The requirements of this Section shall be satisfied12 within 60 days of the receipt of a request by a patient, for13 his or her physician, authorized attorney, or own person.14 Failure to comply with the time limit requirement of this15 Section shall subject the denying party to expenses and16 reasonable attorneys' fees incurred in connection with any17 court ordered enforcement of the provisions of this Section.18 (Source: P.A. 84-7; 92-228, eff. 9-1-01.) 19 (735 ILCS 5/8-2005) 20 Sec. 8-2005. Attorney's records. This Section applies 21 only if a client and his or her authorized attorney have 22 complied with all applicable legal requirements regarding 23 examination and copying of client files, including but not 24 limited to satisfaction of expenses and attorney retaining 25 liens. 26 Upon the request of a client, an attorney shall permit 27 the client's authorized attorney to examine and copy the 28 records kept by the attorney in connection with the 29 representation of the client, with the exception of attorney 30 work product. The request for examination and copying of the 31 records shall be in writing and shall be delivered to the 32 attorney. Within a reasonable time after the attorney 33 receives the written request, the attorney shall comply with -7- LRB9218226ACac 1 the written request at his or her office or any other place 2 designated by him or her. At the time of copying, the person 3 requesting the records shall reimburse the attorney for all 4 reasonable expenses, including the costs of independent copy 5 service companies, incurred by the attorney in connection 6 with the copying not to exceed a $20 handling charge for 7 processing the request for copies, and 75 cents per page for 8 the first through 25th pages, 50 cents per page for the 26th 9 through 50th pages, and 25 cents per page for all pages in 10 excess of 50 (except that the charge shall not exceed $1.25 11 per page for any copies made from microfiche or microfilm), 12 and actual shipping costs. The requested fee must be paid in 13 order to receive the copies. These rates shall be 14 automatically adjusted as set forth in Section 8-2006. The 15 attorney may, however, charge for the reasonable cost of all 16 duplication of record material or information that cannot 17 routinely be copied or duplicated on a standard commercial 18 photocopy machine such as pictures. 19 Any entity legally authorized to receive copies, 20 including via a subpoena, must comply with this Section. 21 An attorney shall satisfy the requirements of this 22 Section within 60 days after he or she receives a written 23 request from a client or his or her authorized attorney. An 24 attorney who fails to comply with the time limit requirement 25 of this Section shall be required to pay expenses and 26 reasonable attorney's fees incurred in connection with any 27 court-ordered enforcement of the requirements of this 28 Section. 29 (Source: P.A. 92-228, eff. 9-1-01.) 30 (735 ILCS 5/8-2006) 31 Sec. 8-2006. Copying fees; adjustment for inflation. 32 Beginning in 2003, every January 20, the copying fee limits 33 established in Section Sections 8-2001, 8-2003, 8-2004, and-8- LRB9218226ACac 1 8-2005 of this Act and Section 25 of the Patient Health 2 Information Act shall automatically be increased or 3 decreased, as applicable, by a percentage equal to the 4 percentage change in the consumer price index-u during the 5 preceding 12-month calendar year. "Consumer price index-u" 6 means the index published by the Bureau of Labor Statistics 7 of the United States Department of Labor that measures the 8 average change in prices of goods and services purchased by 9 all urban consumers, United States city average, all items, 10 1982-84 = 100. The new amount resulting from each annual 11 adjustment shall be determined by the Comptroller and 12 submitted by made available to the public onJanuary 20 of 13 every year to the Secretary of State for publication in the 14 Illinois Register. 15 (Source: P.A. 92-228, eff. 9-1-01.) 16 (735 ILCS 5/8-2003 rep.) 17 (735 ILCS 5/8-2004 rep.) 18 Section 95. The Code of Civil Procedure is amended by 19 repealing Sections 8-2003 and 8-2004. 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.
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