Public Act 100-0814
 
HB4848 EnrolledLRB100 19096 HEP 34353 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 health care records. 

    (a) 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 
a health care practitioner.

    "Health care practitioner" means any health care 
practitioner, including a physician, dentist, podiatric 
physician, advanced practice registered 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, or as authorized by Section 8-2001.5, permit 
the patient,
his or her health care practitioner,

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 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

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 in connection 
with such copying not to
exceed a $20 handling charge for 
processing the
request 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 an electronic document, a charge of 50% of 
the per page charge for paper copies under subdivision (d)(1). 
This per page charge includes the cost of 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.
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. The written explanation may be 
included with the production of paper copies, if the requester 
chooses to order paper copies. These rates shall be 
automatically adjusted as set forth in Section 8-2006.
The 
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.

    (d-5)  The handling fee shall not be collected from the 
patient or the patient's personal representative who obtains 
copies of records  under Section 8-2001.5. 
    (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,
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 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.
    (h) Notwithstanding any other provision of the law in 
recognition of service provided, a health care facility or 
health care practitioner shall provide without charge one 
complete copy of a patient's records if: (1) the patient is an 
indigent homeless veteran; and (2) the records are being 
requested by the patient or a person, entity, or organization 
presenting a valid authorization for the release of records 
signed by the patient or the patient's legally authorized 
representative, for the purpose of supporting a claim for 
federal veterans' disability benefits.

(Source: P.A. 100-513, eff. 1-1-18.)

  


Effective Date:  1/1/2019