Public Act 095-0478
Public Act 0478 95TH GENERAL ASSEMBLY
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Public Act 095-0478 |
SB0472 Enrolled |
LRB095 05619 AJO 25709 b |
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| AN ACT concerning civil law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Code of Civil Procedure is amended by | changing Sections 8-802, 8-2001, 8-2005, and 8-2006 as follows:
| (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
| Sec. 8-802. Physician and patient. No physician or surgeon | shall be
permitted to disclose any information he or she may | have acquired in
attending any patient in a professional | character, necessary to enable him
or her professionally to | serve the patient, except only (1) in trials for
homicide when | the disclosure relates directly to the fact or immediate
| circumstances of the homicide, (2) in actions, civil or | criminal, against
the physician for malpractice, (3) with the | expressed consent of the
patient, or in case of his or her | death or disability, of his or her
personal representative or | other person authorized to sue for personal
injury or of the | beneficiary of an insurance policy on his or her life,
health, | or physical condition, (4) in all actions brought by or against | the
patient, his or her personal representative, a beneficiary | under a policy
of insurance, or the executor or administrator | of his or her estate wherein
the patient's physical or mental | condition is an issue, (5) upon an issue
as to the validity of |
| a document as a will of the patient, (6) in any
criminal action | where the charge is either first degree murder by abortion,
| attempted abortion or abortion, (7) in actions, civil or | criminal, arising
from the filing of a report in compliance | with the Abused and Neglected
Child Reporting Act, (8) to any | department, agency, institution
or facility which has custody | of the patient pursuant to State statute
or any court order of | commitment, (9) in prosecutions where written
results of blood | alcohol tests are admissible pursuant to Section 11-501.4
of | the Illinois Vehicle Code, (10) in prosecutions where written
| results of blood alcohol tests are admissible under Section | 5-11a of the
Boat Registration and Safety Act,
or (11) in | criminal actions arising from the filing of a report of | suspected
terrorist offense in compliance with Section | 29D-10(p)(7) of the Criminal Code
of 1961 , or (12) upon the | issuance of a subpoena pursuant to Section 38 of the Medical | Practice Act of 1987; the issuance of a subpoena pursuant to | Section 25.1 of the Illinois Dental Practice Act; or the | issuance of a subpoena pursuant to Section 22 of the Nursing | Home Administrators Licensing and Disciplinary Act .
| In the event of a conflict between the application of this | Section
and the Mental Health and Developmental Disabilities | Confidentiality
Act to a specific situation, the provisions of | the Mental Health and
Developmental Disabilities | Confidentiality Act shall control.
| (Source: P.A. 87-803; 92-854, eff. 12-5-02.)
|
| (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
| Sec. 8-2001. Examination of health care records.
| (a) In this Section : , | " Health
health care facility" or "facility" means a public | or
private hospital, ambulatory surgical treatment center, | nursing home,
independent practice association, or physician | hospital organization, or any
other entity where health care | services are provided to any person. The term
does not include | a health care practitioner
an organizational structure whose | records are subject to
Section 8-2003 .
| "Health care practitioner" means any health care | practitioner, including a physician, dentist, podiatrist, | advanced practice nurse, physician assistant, clinical | psychologist, or clinical social worker. The term includes a | medical office, health care clinic, health department, group | practice, and any other organizational structure for a licensed | professional to provide health care services. The term does not | include a health care facility.
| (b) Every private and public health care facility shall, | upon the request of any
patient who has been treated in such | health care facility, or any person, entity, or organization | presenting a valid authorization for the release of records | signed by the patient or the patient's legally authorized | representative, permit the patient,
his or her health care | practitioner
physician ,
authorized attorney, or any person, |
| entity, or organization presenting a valid authorization for | the release of records signed by the patient or the patient's | legally authorized representative to examine the health care | facility
patient care records,
including but not limited to the | history, bedside notes, charts, pictures
and plates, kept in | connection with the treatment of such patient, and
permit | copies of such records to be made by him or her or his or her
| health care practitioner
physician or authorized attorney. | (c) Every health care practitioner shall, upon the request | of any patient who has been treated by the health care | practitioner, or any person, entity, or organization | presenting a valid authorization for the release of records | signed by the patient or the patient's legally authorized | representative, permit the patient and the patient's health | care practitioner or authorized attorney, or any person, | entity, or organization presenting a valid authorization for | the release of records signed by the patient or the patient's | legally authorized representative, to examine and copy the | patient's records, including but not limited to those relating | to the diagnosis, treatment, prognosis, history, charts, | pictures and plates, kept in connection with the treatment of | such patient. | (d) A request for copies of the records shall
be in writing | and shall be delivered to the administrator or manager of
such | health care facility or to the health care practitioner . The | health care facility shall be reimbursed by the
person |
| (including patients, health care practitioners and attorneys)
| requesting copies of records shall reimburse the facility or | the health care practitioner at the time of such copying for | all
reasonable expenses, including the costs of independent | copy service companies,
incurred by the health care facility in | connection with such copying not to
exceed a $20 handling | charge for processing the
request for copies, and the actual | postage or shipping charge, if any, plus: (1) for paper copies
| 75 cents per page for the first through 25th pages, 50
cents | per page for the 26th through 50th pages, and 25 cents per page | for all
pages in excess of 50 (except that the charge shall not | exceed $1.25 per page
for any copies made from microfiche or | microfilm ; records retrieved from scanning, digital imaging, | electronic information or other digital format do not qualify | as microfiche or microfilm retrieval for purposes of | calculating charges); and (2) for electronic records, | retrieved from a scanning, digital imaging, electronic | information or other digital format in a electronic document, a | charge of 75 cents for each CD Rom, DVD, or other storage | media. Records already maintained in an electronic or digital | format shall be provided in an electronic format when so | requested ), and actual shipping costs .
If the records system | does not allow for the creation or transmission of an | electronic or digital record, then the facility or practitioner | shall inform the requester in writing of the reason the records | can not be provided electronically. These rates shall be |
| automatically adjusted as set forth in Section 8-2006.
The | health care facility or health care practitioner may, however, | charge for the
reasonable cost of all duplication of
record | material or information that cannot routinely be copied or | duplicated on
a standard commercial photocopy machine such as | x-ray films or pictures.
| (e) The requirements of this Section shall be satisfied | within 30 days of the
receipt of a written request by a patient | or by his or her legally authorized
representative, health care | practitioner
physician ,
authorized attorney, or any person, | entity, or organization presenting a valid authorization for | the release of records signed by the patient or the patient's | legally authorized representative. If the health care facility
| or health care practitioner needs more time to comply with the | request, then within 30 days after receiving
the request, the | facility or health care practitioner must provide the | requesting party with a written
statement of the reasons for | the delay and the date by which the requested
information will | be provided. In any event, the facility or health care | practitioner must provide the
requested information no later | than 60 days after receiving the request.
| (f) A health care facility or health care practitioner must | provide the public with at least 30 days prior
notice of the | closure of the facility or the health care practitioner's | practice . The notice must include an explanation
of how copies | of the facility's records may be accessed by patients. The
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| notice may be given by publication in a newspaper of general | circulation in the
area in which the health care facility or | health care practitioner is located.
| (g) Failure to comply with the time limit requirement of | this Section shall
subject the denying party to expenses and | reasonable attorneys' fees
incurred in connection with any | court ordered enforcement of the provisions
of this Section.
| (Source: P.A. 93-87, eff. 7-2-03; 94-155, eff. 1-1-06.)
| (735 ILCS 5/8-2005)
| Sec. 8-2005. Attorney's records. This Section applies only | if a client and his or her authorized
attorney have complied | with all applicable legal requirements regarding
examination | and copying of client files, including but not limited to
| satisfaction of expenses and attorney retaining liens.
| Upon the request of a client, an
attorney shall permit the | client's authorized attorney to examine and copy the
records | kept by the attorney in connection with the representation of | the
client, with the exception of attorney work product. The | request for
examination and copying of the records shall be in
| writing and shall be delivered to the attorney. Within a | reasonable time after
the attorney receives the written | request, the attorney shall comply with the
written request at | his or her office or any other place designated by him or
her. | At the time of copying, the person requesting the records shall
| reimburse the attorney for all reasonable expenses, including |
| the costs of
independent copy service companies, incurred by | the attorney in connection
with the copying not to exceed a
$20 | handling charge for processing the request for copies ,
and
the | actual postage or shipping charges, if any, plus (1) for paper | copies 75 cents per page for the first through 25th pages, 50 | cents per page for the
26th through 50th pages, and 25 cents | per page for all pages in excess of 50
(except that the charge | shall not exceed $1.25 per page for any copies
made from | microfiche or microfilm ; records retrieved from scanning, | digital imaging, electronic information or other digital | format do not qualify as microfiche or microfilm retrieval for | purposes of calculating charges); and (2) for electronic | records, retrieved from a scanning, digital imaging, | electronic information or other digital format in a electronic | document, a charge of 75 cents for each CD Rom, DVD, or other | storage media. Records already maintained in an electronic or | digital format shall be provided in an electronic format when | so requested ), and actual shipping costs . If the records system | does not allow for the creation or transmission of an | electronic or digital record, then the attorney shall inform | the requester in writing of the reason the records cannot be | provided electronically.
These rates shall be automatically
| adjusted as set forth in Section 8-2006.
The attorney may, | however, charge for the reasonable cost of all duplication of
| record material or information that cannot routinely be copied | or
duplicated on a standard commercial photocopy machine such |
| as pictures.
| An attorney shall satisfy the requirements of this Section | within 60
days after he or she receives a request from a client | or his or her authorized
attorney. An attorney who fails to | comply with the time limit requirement of
this Section shall be | required to pay expenses and reasonable attorney's fees
| incurred in connection with any court-ordered enforcement of | the
requirements of this Section.
| (Source: P.A. 92-228, eff. 9-1-01.)
| (735 ILCS 5/8-2006)
| Sec. 8-2006. Copying fees; adjustment for inflation. | Beginning in
2003, every January 20, the copying fee limits | established in Sections 8-2001 ,
8-2003, 8-2004, and 8-2005 | shall automatically be increased or decreased, as
applicable, | by a percentage equal to the percentage change in the consumer
| price index-u during the preceding 12-month calendar year. | "Consumer price
index-u" means the index published by the | Bureau of Labor Statistics of the
United States Department of | Labor that measures the average change in
prices of goods and | services purchased by all urban consumers, United
States city | average, all items, 1982-84 = 100. The new amount resulting
| from each annual adjustment shall be determined by the | Comptroller and
made available to the public via the | Comptroller's official website by January 31 of every year.
| (Source: P.A. 94-982, eff. 6-30-06.)
|
| (735 ILCS 5/8-2003 rep.)
| Section 90. The Code of Civil Procedure is amended by | repealing Section 8-2003.
| Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 8/27/2007
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