Bill Text: IL HB5074 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Prohibits a health care provider from charging a handling fee for providing medical records to a patient or patient's representative if they are electronic records retrieved from a scanning, digital imaging, electronic information, or other digital format in an electronic document. Repeals the annual adjustment for the handling fee for inflation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-08 - Referred to Rules Committee [HB5074 Detail]

Download: Illinois-2023-HB5074-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5074 Introduced , by Rep. Sharon Chung SYNOPSIS AS INTRODUCED:
735 ILCS 5/8-2001 from Ch. 110, par. 8-2001
735 ILCS 5/8-2006 rep.
Amends the Code of Civil Procedure. Prohibits a health care provider from charging a handling fee for providing medical records to a patient or patient's representative if they are electronic records retrieved from a scanning, digital imaging, electronic information, or other digital format in an electronic document. Repeals the annual adjustment for the handling fee for inflation.
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A BILL FOR
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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, registered
nurse, licensed practical nurse, physician assistant, clinical
psychologist, clinical social worker, therapist, or counselor.
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, 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

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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).

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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

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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, a
health care facility or health care practitioner shall provide
without charge one complete copy of a patient's records if the
records are being requested by the patient or a person,
entity, attorney, registered representative, or organization
presenting a valid authorization for the release of records

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signed by the patient or the patient's legally authorized
representative who has provided documentation of authority to
act for the patient, or by such other requester as is
authorized by statute if the patient is deceased, for the
purpose of supporting a claim for: (1) federal veterans'
disability benefits; (2) federal Social Security or
Supplemental Security Income benefits, or both, under any
title of the Social Security Act; or (3) Aid to the Aged,
Blind, or Disabled benefits. Upon request, and if the records
are for at least one of the approved purposes, the requester
may obtain updated medical records not included in the
original medical record free of charge if the request is
accompanied by a valid authorization for the release of
records signed by the patient, the patient's legally
authorized representative who has provided documentation of
authority to act for the patient, or such other requester as is
authorized by statute if the patient is deceased.
(Source: P.A. 102-183, eff. 1-1-22.)