Bill Text: IL HB4845 | 2025-2026 | 104th General Assembly | Introduced

---

Bill Title: Reinserts the provisions of the introduced bill with the following changes. Provides that any person who, in good faith, relies on a copy of an Authorized Relative Certification has the same immunities from criminal and civil liability as those who rely on a power of attorney for health care as provided in Section 30 of the Health Care Surrogate Act.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-04-17 - Rule 19(a) / Re-referred to Rules Committee [HB4845 Detail]

Download: Illinois-2025-HB4845-Introduced.html

---

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB4845 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
735 ILCS 5/8-2001.10 new
Amends the Code of Civil Procedure. Creates an authorization and form for the release of an incapacitated person's health care records. Provides that an incapacitated person's health care records must be released upon written request of the guardian of the incapacitated person or by an agent appointed by the incapacitated person under a power of attorney for health care. Provides that, if no guardian or agent exists and the incapacitated person did not specifically object to disclosure of the incapacitated person's records in writing, then an incapacitated person's health care records must be released upon the written request of a person in one of these categories: (1) the incapacitated person's spouse; or (2) if there is no spouse, any one or more of the following: (i) an adult child of the incapacitated person, (ii) a parent of the incapacitated person, or (iii) an adult sibling of the incapacitated person. Provides that the named authorized relative upon request for records of a incapacitated person, shall provide the facility or practitioner with a statement of a treating health care provider that the person is incapacitated. Effective immediately.
LRB104 17026 JRC 30441 b
A BILL FOR
HB4845 LRB104 17026 JRC 30441 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
adding Section 8-2001.10 as follows:
(735 ILCS 5/8-2001.10 new)
Sec. 8-2001.10. Authorization for release of an
incapacitated person's records.
(a) In addition to disclosure allowed under Section 8-802,
an incapacitated person's health care records must be released
upon written request of the guardian of the incapacitated
person's or by an agent appointed by the incapacitated person
under a power of attorney for health care. If no guardian or
agent exists, and the incapacitated person did not
specifically object to disclosure of the incapacitated
person's records in writing, then an incapacitated person's
health care records must be released upon the written request
of a person, who is considered to be a personal representative
of the patient for the purpose of the release of an
incapacitated patient's health care records, in one of these
categories:
(1) the incapacitated person's spouse; or
(2) if there is no spouse, any one or more of the

HB4845 - 2 - LRB104 17026 JRC 30441 b
following:
(A) an adult child of the incapacitated person;
(B) a parent of the incapacitated person; or
(C) an adult sibling of the incapacitated person.
(b) Health care facilities and practitioners are
authorized to provide a copy of an incapacitated patient's
records based upon a person's payment of the statutory fee and
signed Authorized Relative Certification, attesting to the
fact that the person is authorized to receive such records
under this Section.
(c) Any person who, in good faith, relies on a copy of an
Authorized Relative Certification has the same immunities from
criminal and civil liability as those who rely on a power of
attorney for health care as provided by State law.
(d) Upon request for records of an incapacitated person,
the named authorized relative shall provide the facility or
practitioner with a statement of a treating health care
provider that the person is incapacitated as defined in the
Illinois Power of Attorney Act and a certification in
substantially the following form:
AUTHORIZED RELATIVE CERTIFICATION
I, (insert name of authorized relative), certify that I am
an authorized relative of (insert name of incapacitated
person). (A statement of the treating health care provider
must be attached).
I certify that to the best of my knowledge and belief that

HB4845 - 3 - LRB104 17026 JRC 30441 b
no guardian has been appointed for the incapacitated person,
that no agent was authorized to act for the incapacitated
person under a power of attorney for health care, and the
incapacitated person has not specifically objected to
disclosure in writing.
I certify that I am the spouse of the incapacitated
person; or
I certify that there is no spouse and my relationship to
the incapacitated person is (circle one):
(1) An adult child of the incapacitated person.
(2) Either parent of the incapacitated person.
(3) An adult child of the incapacitated person.
I certify that I am seeking the records as a personal
representative who is acting in a representative capacity and
who is authorized to seek these records under Section
8-2001.10 of the Code of Civil Procedure.
This certification is made under penalty of perjury.
Dated: (insert date)
.........................................................
(Print Authorized Relative's Name)
.........................................................
(Authorized Relative's Signature)
.........................................................
(Authorized Relative's Address)
Section 99. Effective date. This Act takes effect upon
becoming law.