Public Act 094-0155
 
SB1907 Enrolled LRB094 08969 LCB 39190 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 Section 8-2001 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 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 physician, 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 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 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 facility. The health care facility shall 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 facility 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 health care facility 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.
    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, physician, 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. 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. 92-228, eff. 9-1-01; 93-87, eff. 7-2-03.)

Effective Date: 1/1/2006