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Public Act 095-0478
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| SB0472 Enrolled |
LRB095 05619 AJO 25709 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by |
changing Sections 8-802, 8-2001, 8-2005, and 8-2006 as follows:
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(735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
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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
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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 |
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a document as a will of the patient, (6) in any
criminal action |
where the charge is either first degree murder by abortion,
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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
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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.
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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.
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(Source: P.A. 87-803; 92-854, eff. 12-5-02.)
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(735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
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Sec. 8-2001. Examination of health care records.
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(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.
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"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.
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(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, |
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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
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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 |
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(including patients, health care practitioners and attorneys)
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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
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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 |
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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.
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(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
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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.
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(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.
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(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.
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(Source: P.A. 93-87, eff. 7-2-03; 94-155, eff. 1-1-06.)
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(735 ILCS 5/8-2005)
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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
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satisfaction of expenses and attorney retaining liens.
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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
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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
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reimburse the attorney for all reasonable expenses, including |
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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
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adjusted as set forth in Section 8-2006.
The attorney may, |
however, charge for the reasonable cost of all duplication of
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record material or information that cannot routinely be copied |
or
duplicated on a standard commercial photocopy machine such |
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as pictures.
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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
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incurred in connection with any court-ordered enforcement of |
the
requirements of this Section.
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(Source: P.A. 92-228, eff. 9-1-01.)
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(735 ILCS 5/8-2006)
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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
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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
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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.
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(Source: P.A. 94-982, eff. 6-30-06.)
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