Illinois General Assembly - Full Text of Public Act 095-0478
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Public Act 095-0478


 

Public Act 0478 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0478
 
SB0472 Enrolled LRB095 05619 AJO 25709 b

    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
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