Public Act 93-0087 HB1038 Enrolled LRB093 05531 DRJ 05623 b AN ACT concerning patient health information. 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 8-2001 and 8-2003 as follows: (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001) Sec. 8-2001. Examination of records. In this Section, "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 an organizational structure whose records are subject to Section 8-2003. Every private and public health care facilityhospitalshall, upon the request of any patient who has been treated in such health care facilityhospital and after his or herdischarge therefrom, permit the patient, his or her physician or authorized attorney to examine the health care facility patient carehospitalrecords, 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 physician or authorized attorney. A request for copies of the records shall be in writing and shall be delivered to the administrator or manager of such health care facilityhospital. The health care facilityhospitalshall be reimbursed by the person requesting copies of records at the time of such copying for all reasonable expenses, including the costs of independent copy service companies, incurred by the health care facilityhospitalin connection with such copying not to exceed a $20 handling charge for processing the request for copies, and 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), and actual shipping costs. These rates shall be automatically adjusted as set forth in Section 8-2006. The health care facilityhospitalmay, 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. The requirements of this Section shall be satisfied within 3060days of the receipt of a written request by a patient,or by his or her legally authorized representative,for his or herphysician, or authorized attorney, or ownperson. If the health care facility needs more time to comply with the request, then within 30 days after receiving the request, the facility 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 must provide the requested information no later than 60 days after receiving the request. A health care facility must provide the public with at least 30 days prior notice of the closure of the facility. 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 is located. 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. 84-7; 92-228, eff. 9-1-01.) (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003) Sec. 8-2003. Records ofphysicians and otherhealth care practitioners. In this Section, "practitioner" means any health care practitioner, includingother thana 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 as defined in Section 8-2001. Everyphysician andpractitioner shall, upon the request of any patient who has been treated by suchphysician orpractitioner, permit the patient and thesuchpatient'sphysician,practitioner,or authorized attorney 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. Such request for examining and copying of the records shall be in writing and shall be delivered to suchphysician orpractitioner. Such written request shall be complied with by thephysician orpractitioner within a reasonable time after receipt by him or her at his or her office or any other place designated by him or her. The requirements of this Section shall be satisfied within 30 days of the receipt of a written request. If the practitioner needs more time to comply with the request, then within 30 days after receiving the request, the 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 practitioner must provide the requested information no later than 60 days after receiving the request. Thephysician orpractitioner shall be reimbursed by the person requesting such records at the time of such copying, for all reasonable expenses, including the costs of independent copy service companies, incurred by thephysicianorpractitioner in connection with such copying not to exceed a $20 handling charge for processing the request for copies, and 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), and actual shipping costs. These rates shall be automatically adjusted as set forth in Section 8-2006. The physician or other 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. A health care practitioner must provide the public with at least 30 days prior notice of the closure of the practitioner's practice. The notice must include an explanation of how copies of the practitioner'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 practitioner's practice is located.The requirements of this Section shall be satisfiedwithin 60 days of the receipt of a request by a patient orhis or her physician, practitioner, or authorized attorney.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. 84-7; 92-228, eff. 9-1-01.) (735 ILCS 5/8-2004 rep.) Section 6. The Code of Civil Procedure is amended by repealing Section 8-2004. Section 99. Effective date. This Act takes effect upon becoming law.