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| [ Senate Amendment 002 ] |
92_SB0721eng SB721 Engrossed LRB9203558WHcs 1 AN ACT concerning civil procedure. 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, 8-2003, and 8-2004, changing the 6 heading of Part 20 of Article VIII, and adding Sections 7 8-2005 and 8-2006 as follows: 8 (735 ILCS 5/Art. 8, Part 20 heading) 9 Part 20. Inspection ofHospitalRecords 10 (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001) 11 (Text of Section WITHOUT the changes made by P.A. 89-7, 12 which has been held unconstitutional) 13 Sec. 8-2001. Examination of records. Every private and 14 public hospital shall, upon the request of any patient who 15 has been treated in such hospital and after his or her 16 discharge therefrom, permit the patient, his or her physician 17 or authorized attorney to examine the hospital records, 18 including but not limited to the history, bedside notes, 19 charts, pictures and plates, kept in connection with the 20 treatment of such patient, and permit copies of such records 21 to be made by him or her or his or her physician or 22 authorized attorney. A request for copiesexaminationof the 23 records shall be in writing and shall be delivered to the 24 administrator of such hospital. The hospital shall be 25 reimbursed by the person requesting copies of records at the 26 time of such copying for all reasonable expenses, including 27 the costs of independent copy service companies, incurred by 28 the hospital in connection with such copying not to exceed a 29 $20 handling charge for processing the request for copies, 30 and 75 cents per page for the first through 25th pages, 50 SB721 Engrossed -2- LRB9203558WHcs 1 cents per page for the 26th through 50th pages, and 25 cents 2 per page for all pages in excess of 50 (except that the 3 charge shall not exceed $1.25 per page for any copies made 4 from microfiche or microfilm), and actual shipping costs. 5 These rates shall be automatically adjusted as set forth in 6 Section 8-2006. The hospital may, however, charge for the 7 reasonable cost of all duplication of record material or 8 information that cannot routinely be copied or duplicated on 9 a standard commercial photocopy machine such as x-ray films 10 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'sRecords 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 SB721 Engrossed -3- LRB9203558WHcs 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 suchexamination or8 copying, for all reasonable expenses, including the costs of 9 independent copy service companies, incurred by the physician 10 or practitioner in connection with suchexamination or11 copying not to exceed a $20 handling charge for processing 12 the request for copies, and 75 cents per page for the first 13 through 25th pages, 50 cents per page for the 26th through 14 50th pages, and 25 cents per page for all pages in excess of 15 50 (except that the charge shall not exceed $1.25 per page 16 for any copies made from microfiche or microfilm), and actual 17 shipping costs. These rates shall be automatically adjusted 18 as set forth in Section 8-2006. The physician or other 19 practitioner may, however, charge for the reasonable cost of 20 all duplication of record material or information that cannot 21 routinely be copied or duplicated on a standard commercial 22 photocopy machine such as x-ray films or pictures. 23 The requirements of this Section shall be satisfied 24 within 60 days of the receipt of a request by a patient or,25 his or her physician, practitioner, or authorized attorney. 26 Failure to comply with the time limit requirement of this 27 Section shall subject the denying party to expenses and 28 reasonable attorneys' fees incurred in connection with any 29 court ordered enforcement of the provisions of this Section. 30 (Source: P.A. 84-7.) 31 (735 ILCS 5/8-2004) (from Ch. 110, par. 8-2004) 32 (Text of Section WITHOUT the changes made by P.A. 89-7, 33 which has been held unconstitutional) SB721 Engrossed -4- LRB9203558WHcs 1 Sec. 8-2004. Records of clinical psychologists and 2 clinical social workers. Except where the clinical 3 psychologist or clinical social worker consents, records of a 4 clinical psychologist or clinical social worker regulated in 5 this State, relating to psychological services or social work 6 services, shall not be examined or copied by a patient, 7 unless otherwise ordered by the court for good cause shown. 8 For the purpose of obtaining records, the patient or his or 9 her authorized agent may apply to the circuit court of the 10 county in which the patient resides or the county in which 11 the clinical psychologist or clinical social worker resides. 12 The clinical psychologist or clinical social worker shall be 13 reimbursed by the person requesting the records at the time 14 of theexamination orcopying, for all reasonable expenses, 15 including the costs of independent copy service companies, 16 incurred by the clinical psychologist or clinical social 17 worker in connection with theexamination orcopying, not to 18 exceed a $20 handling charge for processing the request for 19 copies, and 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 23 made from microfiche or microfilm), and actual shipping 24 costs. These rates shall be automatically adjusted as set 25 forth in Section 8-2006. The clinical psychologist or 26 clinical social worker may, however, charge for the 27 reasonable cost of all duplication of record material or 28 information that cannot routinely be copied or duplicated or 29 a standard commercial photocopy machine such as pictures. 30 (Source: P.A. 87-530.) 31 (735 ILCS 5/8-2005 new) 32 Sec. 8-2005. Attorney's records. This Section applies 33 only if a client and his or her authorized attorney have SB721 Engrossed -5- LRB9203558WHcs 1 complied with all applicable legal requirements regarding 2 examination and copying of client files, including but not 3 limited to satisfaction of expenses and attorney retaining 4 liens. 5 Upon the request of a client, an attorney shall permit 6 the client's authorized attorney to examine and copy the 7 records kept by the attorney in connection with the 8 representation of the client, with the exception of attorney 9 work product. The request for examination and copying of the 10 records shall be in writing and shall be delivered to the 11 attorney. Within a reasonable time after the attorney 12 receives the written request, the attorney shall comply with 13 the written request at his or her office or any other place 14 designated by him or her. At the time of copying, the person 15 requesting the records shall reimburse the attorney for all 16 reasonable expenses, including the costs of independent copy 17 service companies, incurred by the attorney in connection 18 with the copying not to exceed a $20 handling charge for 19 processing the request for copies, and 75 cents per page for 20 the first through 25th pages, 50 cents per page for the 26th 21 through 50th pages, and 25 cents per page for all pages in 22 excess of 50 (except that the charge shall not exceed $1.25 23 per page for any copies made from microfiche or microfilm), 24 and actual shipping costs. These rates shall be automatically 25 adjusted as set forth in Section 8-2006. The attorney may, 26 however, charge for the reasonable cost of all duplication of 27 record material or information that cannot routinely be 28 copied or duplicated on a standard commercial photocopy 29 machine such as pictures. 30 An attorney shall satisfy the requirements of this 31 Section within 60 days after he or she receives a request 32 from a client or his or her authorized attorney. An attorney 33 who fails to comply with the time limit requirement of this 34 Section shall be required to pay expenses and reasonable SB721 Engrossed -6- LRB9203558WHcs 1 attorney's fees incurred in connection with any court-ordered 2 enforcement of the requirements of this Section. 3 (735 ILCS 5/8-2006 new) 4 Sec. 8-2006. Copying fees; adjustment for inflation. 5 Beginning in 2003, every January 20, the copying fee limits 6 established in Sections 8-2001, 8-2003, 8-2004, and 8-2005 7 shall automatically be increased or decreased, as applicable, 8 by a percentage equal to the percentage change in the 9 consumer price index-u during the preceding 12-month calendar 10 year. "Consumer price index-u" means the index published by 11 the Bureau of Labor Statistics of the United States 12 Department of Labor that measures the average change in 13 prices of goods and services purchased by all urban 14 consumers, United States city average, all items, 1982-84 = 15 100. The new amount resulting from each annual adjustment 16 shall be determined by the Comptroller and made available to 17 the public on January 20 of every year. 18 Section 99. Effective date. This Act takes effect 30 19 days after becoming law.