Bill Text: IL HB0714 | 2021-2022 | 102nd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Code of Civil Procedure. In a Section concerning the examination of health care records, provides that "health care practitioner" includes any therapist or counselor. Deletes language requiring a health care facility or health care practitioner to provide without charge one complete copy of a patient's records if the patient is an indigent homeless veteran in order to facilitate the person's application for federal veterans' disability benefits. Provides instead that complete copies of a patient's records shall be provided to the patient or other person authorized by the patient for the purpose of supporting a claim for: (1) federal veterans' disability benefits; or (2) federal Social Security or Supplemental Security Income benefits, or both, under any title of the Social Security Act.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2021-07-30 - Public Act . . . . . . . . . 102-0183 [HB0714 Detail]
Download: Illinois-2021-HB0714-Enrolled.html
Bill Title: Amends the Code of Civil Procedure. In a Section concerning the examination of health care records, provides that "health care practitioner" includes any therapist or counselor. Deletes language requiring a health care facility or health care practitioner to provide without charge one complete copy of a patient's records if the patient is an indigent homeless veteran in order to facilitate the person's application for federal veterans' disability benefits. Provides instead that complete copies of a patient's records shall be provided to the patient or other person authorized by the patient for the purpose of supporting a claim for: (1) federal veterans' disability benefits; or (2) federal Social Security or Supplemental Security Income benefits, or both, under any title of the Social Security Act.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2021-07-30 - Public Act . . . . . . . . . 102-0183 [HB0714 Detail]
Download: Illinois-2021-HB0714-Enrolled.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 8-2001 as follows:
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6 | (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
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7 | Sec. 8-2001. Examination of health care records.
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8 | (a) In this Section: | ||||||
9 | "Health care facility" or "facility" means a public or
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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 term
does not include | ||||||
14 | a health care practitioner.
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15 | "Health care practitioner" means any health care | ||||||
16 | practitioner, including a physician, dentist, podiatric | ||||||
17 | physician, advanced practice registered nurse, registered | ||||||
18 | nurse, licensed practical nurse, physician assistant, clinical | ||||||
19 | psychologist, or clinical social worker , therapist, or | ||||||
20 | counselor . The term includes a medical office, health care | ||||||
21 | clinic, health department, group practice, and any other | ||||||
22 | organizational structure for a licensed professional to | ||||||
23 | provide health care services. The term does not include a |
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1 | health care facility.
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2 | (b) Every private and public health care facility shall, | ||||||
3 | upon the request of any
patient who has been treated in such | ||||||
4 | health care facility, or any person, entity, or organization | ||||||
5 | presenting a valid authorization for the release of records | ||||||
6 | signed by the patient or the patient's legally authorized | ||||||
7 | representative, or as authorized by Section 8-2001.5, permit | ||||||
8 | the patient,
his or her health care practitioner,
authorized | ||||||
9 | attorney, or any person, entity, or organization presenting a | ||||||
10 | valid authorization for the release of records signed by the | ||||||
11 | patient or the patient's legally authorized representative to | ||||||
12 | examine the health care facility
patient care records,
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13 | including but not limited to the history, bedside notes, | ||||||
14 | charts, pictures
and plates, kept in connection with the | ||||||
15 | treatment of such patient, and
permit copies of such records | ||||||
16 | to be made by him or her or his or her
health care practitioner | ||||||
17 | or authorized attorney. | ||||||
18 | (c) Every health care practitioner shall, upon the request | ||||||
19 | of any patient who has been treated by the health care | ||||||
20 | practitioner, or any person, entity, or organization | ||||||
21 | presenting a valid authorization for the release of records | ||||||
22 | signed by the patient or the patient's legally authorized | ||||||
23 | representative, permit the patient and the patient's health | ||||||
24 | care practitioner or authorized attorney, or any person, | ||||||
25 | entity, or organization presenting a valid authorization for | ||||||
26 | the release of records signed by the patient or the patient's |
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1 | legally authorized representative, to examine and copy the | ||||||
2 | patient's records, including but not limited to those relating | ||||||
3 | to the diagnosis, treatment, prognosis, history, charts, | ||||||
4 | pictures and plates, kept in connection with the treatment of | ||||||
5 | such patient. | ||||||
6 | (d) A request for copies of the records shall
be in writing | ||||||
7 | and shall be delivered to the administrator or manager of
such | ||||||
8 | health care facility or to the health care practitioner. The
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9 | person (including patients, health care practitioners and | ||||||
10 | attorneys)
requesting copies of records shall reimburse the | ||||||
11 | facility or the health care practitioner at the time of such | ||||||
12 | copying for all
reasonable expenses, including the costs of | ||||||
13 | independent copy service companies,
incurred in connection | ||||||
14 | with such copying not to
exceed a $20 handling charge for | ||||||
15 | processing the
request and the actual postage or shipping | ||||||
16 | charge, if any, plus: (1) for paper copies
75 cents per page | ||||||
17 | for the first through 25th pages, 50
cents per page for the | ||||||
18 | 26th through 50th pages, and 25 cents per page for all
pages in | ||||||
19 | excess of 50 (except that the charge shall not exceed $1.25 per | ||||||
20 | page
for any copies made from microfiche or microfilm; records | ||||||
21 | retrieved from scanning, digital imaging, electronic | ||||||
22 | information or other digital format do not qualify as | ||||||
23 | microfiche or microfilm retrieval for purposes of calculating | ||||||
24 | charges); and (2) for electronic records, retrieved from a | ||||||
25 | scanning, digital imaging, electronic information or other | ||||||
26 | digital format in an electronic document, a charge of 50% of |
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1 | the per page charge for paper copies under subdivision (d)(1). | ||||||
2 | This per page charge includes the cost of each CD Rom, DVD, or | ||||||
3 | other storage media. Records already maintained in an | ||||||
4 | electronic or digital format shall be provided in an | ||||||
5 | electronic format when so requested.
If the records system | ||||||
6 | does not allow for the creation or transmission of an | ||||||
7 | electronic or digital record, then the facility or | ||||||
8 | practitioner shall inform the requester in writing of the | ||||||
9 | reason the records can not be provided electronically. The | ||||||
10 | written explanation may be included with the production of | ||||||
11 | paper copies, if the requester chooses to order paper copies. | ||||||
12 | These rates shall be automatically adjusted as set forth in | ||||||
13 | Section 8-2006.
The facility or health care practitioner may, | ||||||
14 | however, charge for the
reasonable cost of all duplication of
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15 | record material or information that cannot routinely be copied | ||||||
16 | or duplicated on
a standard commercial photocopy machine such | ||||||
17 | as x-ray films or pictures.
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18 | (d-5) The handling fee shall not be collected from the | ||||||
19 | patient or the patient's personal representative who obtains | ||||||
20 | copies of records under Section 8-2001.5. | ||||||
21 | (e) The requirements of this Section shall be satisfied | ||||||
22 | within 30 days of the
receipt of a written request by a patient | ||||||
23 | or by his or her legally authorized
representative, health | ||||||
24 | care practitioner,
authorized attorney, or any person, entity, | ||||||
25 | or organization presenting a valid authorization for the | ||||||
26 | release of records signed by the patient or the patient's |
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1 | legally authorized representative. If the facility
or health | ||||||
2 | care practitioner needs more time to comply with the request, | ||||||
3 | then within 30 days after receiving
the request, the facility | ||||||
4 | or health care practitioner must provide the requesting party | ||||||
5 | with a written
statement of the reasons for the delay and the | ||||||
6 | date by which the requested
information will be provided. In | ||||||
7 | any event, the facility or health care practitioner must | ||||||
8 | provide the
requested information no later than 60 days after | ||||||
9 | receiving the request.
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10 | (f) A health care facility or health care practitioner | ||||||
11 | must provide the public with at least 30 days prior
notice of | ||||||
12 | the closure of the facility or the health care practitioner's | ||||||
13 | practice. The notice must include an explanation
of how copies | ||||||
14 | of the facility's records may be accessed by patients. The
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15 | notice may be given by publication in a newspaper of general | ||||||
16 | circulation in the
area in which the health care facility or | ||||||
17 | health care practitioner is located.
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18 | (g) Failure to comply with the time limit requirement of | ||||||
19 | this Section shall
subject the denying party to expenses and | ||||||
20 | reasonable attorneys' fees
incurred in connection with any | ||||||
21 | court ordered enforcement of the provisions
of this Section. | ||||||
22 | (h) Notwithstanding any other provision of the law in | ||||||
23 | recognition of service provided , a health care facility or | ||||||
24 | health care practitioner shall provide without charge one | ||||||
25 | complete copy of a patient's records if : (1) the patient is an | ||||||
26 | indigent homeless veteran; and (2) the records are being |
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1 | requested by the patient or a person, entity, attorney, | ||||||
2 | registered representative, or organization presenting a valid | ||||||
3 | authorization for the release of records signed by the patient | ||||||
4 | or the patient's legally authorized representative who has | ||||||
5 | provided documentation of authority to act for the patient, or | ||||||
6 | by such other
requester as is authorized by statute if the | ||||||
7 | patient is deceased , for the purpose of supporting a claim | ||||||
8 | for : (1) federal veterans' disability benefits ; (2) federal | ||||||
9 | Social Security or Supplemental Security Income benefits, or | ||||||
10 | both, under any title of the Social Security Act; or (3) Aid to | ||||||
11 | the Aged, Blind, or Disabled benefits. Upon request, and if | ||||||
12 | the
records are for at least one of the approved purposes, the | ||||||
13 | requester may obtain
updated medical records not included in | ||||||
14 | the original medical record free of charge if the request is | ||||||
15 | accompanied by a valid authorization for the release of | ||||||
16 | records signed by
the patient, the patient's legally | ||||||
17 | authorized representative who has provided documentation
of | ||||||
18 | authority to act for the patient, or such other requester as is | ||||||
19 | authorized by statute if the
patient is deceased .
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20 | (Source: P.A. 100-513, eff. 1-1-18; 100-814, eff. 1-1-19 .)
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