99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB0159

Introduced 1/28/2015, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

735 ILCS 5/8-2001 from Ch. 110, par. 8-2001

Amends the Code of Civil Procedure. Makes a technical change in a Section concerning the examination of health care records.

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A BILL FOR

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1 AN ACT concerning civil law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Code of Civil Procedure is amended by

5 changing Section 8-2001 as follows:

6 (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)

7 Sec. 8-2001. Examination of health care records.

8 (a) In this Section:

9 "Health care facility" or "facility" means a public or

10 private hospital, ambulatory surgical treatment center,

11 nursing home, independent practice association, or physician

12 hospital organization, or any other entity where health care

13 services are provided to any person. The~~The~~term does not

14 include a health care practitioner.

15 "Health care practitioner" means any health care

16 practitioner, including a physician, dentist, podiatric

17 physician, advanced practice nurse, physician assistant,

18 clinical psychologist, or clinical social worker. The term

19 includes a medical office, health care clinic, health

20 department, group practice, and any other organizational

21 structure for a licensed professional to provide health care

22 services. The term does not include a health care facility.

23 (b) Every private and public health care facility shall,

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1 upon the request of any patient who has been treated in such

2 health care facility, or any person, entity, or organization

3 presenting a valid authorization for the release of records

4 signed by the patient or the patient's legally authorized

5 representative, or as authorized by Section 8-2001.5, permit

6 the patient, his or her health care practitioner, authorized

7 attorney, or any person, entity, or organization presenting a

8 valid authorization for the release of records signed by the

9 patient or the patient's legally authorized representative to

10 examine the health care facility patient care records,

11 including but not limited to the history, bedside notes,

12 charts, pictures and plates, kept in connection with the

13 treatment of such patient, and permit copies of such records to

14 be made by him or her or his or her health care practitioner or

15 authorized attorney.

16 (c) Every health care practitioner shall, upon the request

17 of any patient who has been treated by the health care

18 practitioner, or any person, entity, or organization

19 presenting a valid authorization for the release of records

20 signed by the patient or the patient's legally authorized

21 representative, permit the patient and the patient's health

22 care practitioner or authorized attorney, or any person,

23 entity, or organization presenting a valid authorization for

24 the release of records signed by the patient or the patient's

25 legally authorized representative, to examine and copy the

26 patient's records, including but not limited to those relating

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1 to the diagnosis, treatment, prognosis, history, charts,

2 pictures and plates, kept in connection with the treatment of

3 such patient.

4 (d) A request for copies of the records shall be in writing

5 and shall be delivered to the administrator or manager of such

6 health care facility or to the health care practitioner. The

7 person (including patients, health care practitioners and

8 attorneys) requesting copies of records shall reimburse the

9 facility or the health care practitioner at the time of such

10 copying for all reasonable expenses, including the costs of

11 independent copy service companies, incurred in connection

12 with such copying not to exceed a $20 handling charge for

13 processing the request and the actual postage or shipping

14 charge, if any, plus: (1) for paper copies 75 cents per page

15 for the first through 25th pages, 50 cents per page for the

16 26th through 50th pages, and 25 cents per page for all pages in

17 excess of 50 (except that the charge shall not exceed $1.25 per

18 page for any copies made from microfiche or microfilm; records

19 retrieved from scanning, digital imaging, electronic

20 information or other digital format do not qualify as

21 microfiche or microfilm retrieval for purposes of calculating

22 charges); and (2) for electronic records, retrieved from a

23 scanning, digital imaging, electronic information or other

24 digital format in an electronic document, a charge of 50% of

25 the per page charge for paper copies under subdivision (d)(1).

26 This per page charge includes the cost of each CD Rom, DVD, or

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1 other storage media. Records already maintained in an

2 electronic or digital format shall be provided in an electronic

3 format when so requested. If the records system does not allow

4 for the creation or transmission of an electronic or digital

5 record, then the facility or practitioner shall inform the

6 requester in writing of the reason the records can not be

7 provided electronically. The written explanation may be

8 included with the production of paper copies, if the requester

9 chooses to order paper copies. These rates shall be

10 automatically adjusted as set forth in Section 8-2006. The

11 facility or health care practitioner may, however, charge for

12 the reasonable cost of all duplication of record material or

13 information that cannot routinely be copied or duplicated on a

14 standard commercial photocopy machine such as x-ray films or

15 pictures.

16 (d-5) The handling fee shall not be collected from the

17 patient or the patient's personal representative who obtains

18 copies of records under Section 8-2001.5.

19 (e) The requirements of this Section shall be satisfied

20 within 30 days of the receipt of a written request by a patient

21 or by his or her legally authorized representative, health care

22 practitioner, authorized attorney, or any person, entity, or

23 organization presenting a valid authorization for the release

24 of records signed by the patient or the patient's legally

25 authorized representative. If the facility or health care

26 practitioner needs more time to comply with the request, then

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1 within 30 days after receiving the request, the facility or

2 health care practitioner must provide the requesting party with

3 a written statement of the reasons for the delay and the date

4 by which the requested information will be provided. In any

5 event, the facility or health care practitioner must provide

6 the requested information no later than 60 days after receiving

7 the request.

8 (f) A health care facility or health care practitioner must

9 provide the public with at least 30 days prior notice of the

10 closure of the facility or the health care practitioner's

11 practice. The notice must include an explanation of how copies

12 of the facility's records may be accessed by patients. The

13 notice may be given by publication in a newspaper of general

14 circulation in the area in which the health care facility or

15 health care practitioner is located.

16 (g) Failure to comply with the time limit requirement of

17 this Section shall subject the denying party to expenses and

18 reasonable attorneys' fees incurred in connection with any

19 court ordered enforcement of the provisions of this Section.

20 (Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12;

21 98-214, eff. 8-9-13; 98-756, eff. 7-16-14.)