Bill Text: IL SB1821 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the Hospital Licensing Act. Makes a technical change in a Section concerning protection of and confidential access to medical records and information.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-02-20 - Referred to Assignments [SB1821 Detail]
Download: Illinois-2009-SB1821-Introduced.html
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1 | AN ACT concerning regulation.
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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 Hospital Licensing Act is amended by | |||||||||||||||||||
5 | changing Section 6.17 as follows:
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6 | (210 ILCS 85/6.17)
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7 | Sec. 6.17.
Protection of and confidential access to medical | |||||||||||||||||||
8 | records
and information.
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9 | (a) Every hospital licensed under this this Act shall | |||||||||||||||||||
10 | develop a medical record
for each of its patients as required | |||||||||||||||||||
11 | by the Department by rule.
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12 | (b) All information regarding a hospital patient gathered | |||||||||||||||||||
13 | by the hospital's
medical staff and its agents and employees | |||||||||||||||||||
14 | shall be the property and
responsibility of the hospital and | |||||||||||||||||||
15 | must be protected from inappropriate
disclosure as provided in | |||||||||||||||||||
16 | this Section.
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17 | (c) Every hospital shall preserve its medical records in a | |||||||||||||||||||
18 | format and for a
duration established by hospital policy and | |||||||||||||||||||
19 | for not less than 10 years,
provided that if the hospital has | |||||||||||||||||||
20 | been notified in writing by an attorney
before the expiration | |||||||||||||||||||
21 | of the 10 year retention period that there is litigation
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22 | pending in court involving the record of a particular patient | |||||||||||||||||||
23 | as possible
evidence and that the patient is his client or is |
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1 | the person who has instituted
such litigation against his | ||||||
2 | client, then the hospital shall retain the record
of that | ||||||
3 | patient until notified in writing by the plaintiff's attorney, | ||||||
4 | with the
approval of the defendant's attorney of record, that | ||||||
5 | the case in court
involving
such record has been concluded or | ||||||
6 | for a period of 12 years from the date that
the record was | ||||||
7 | produced, whichever occurs first in time.
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8 | (d) No member of a hospital's medical staff and no agent or | ||||||
9 | employee of a
hospital shall disclose the nature or details of | ||||||
10 | services provided to patients,
except that the information may | ||||||
11 | be disclosed to the patient, persons authorized
by the patient, | ||||||
12 | the party making treatment decisions, if the patient
is | ||||||
13 | incapable of making decisions regarding the health services | ||||||
14 | provided, those
parties directly involved with providing | ||||||
15 | treatment to the patient or processing
the payment for that | ||||||
16 | treatment, those parties responsible for peer review,
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17 | utilization review or quality assurance, risk management, or
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18 | defense of claims
brought against the hospital arising out of | ||||||
19 | the care, and those parties
required to be notified under the | ||||||
20 | Abused and Neglected Child Reporting Act, the
Illinois Sexually | ||||||
21 | Transmissible Disease Control Act, or where otherwise
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22 | authorized or required by law.
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23 | (e) The hospital's medical staff members and the hospital's | ||||||
24 | agents and
employees may communicate, at any time and in any | ||||||
25 | fashion, with legal counsel
for
the hospital concerning the | ||||||
26 | patient medical record privacy and retention
requirements of |
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1 | this Section and any care or treatment they provided or
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2 | assisted in providing to any patient within the scope of their | ||||||
3 | employment
or affiliation with the hospital.
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4 | (e-5) Notwithstanding subsections (d) and (e), for actions | ||||||
5 | filed on or
after January 1, 2004, after a complaint for | ||||||
6 | healing art malpractice is
served upon the hospital or upon its | ||||||
7 | agents or employees, members of the
hospital's medical staff | ||||||
8 | who are not actual or alleged agents, employees, or
apparent | ||||||
9 | agents of the hospital may not communicate with legal counsel | ||||||
10 | for the
hospital or with risk management of the hospital | ||||||
11 | concerning the claim alleged
in
the complaint for healing art | ||||||
12 | malpractice against the hospital except with the
patient's | ||||||
13 | consent or in discovery authorized by the Code of Civil | ||||||
14 | Procedure or
the Supreme Court rules. For the purposes of this | ||||||
15 | subsection (e-5),
"hospital" includes a hospital affiliate as | ||||||
16 | defined in subsection (b) of
Section 10.8 of this Act.
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17 | (f) Each hospital licensed under this Act shall provide its
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18 | federally
designated organ procurement agency and any tissue | ||||||
19 | bank with which it has an
agreement with access to the medical | ||||||
20 | records of deceased patients for the
following purposes:
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21 | (1) estimating the hospital's organ and tissue | ||||||
22 | donation potential;
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23 | (2) identifying the educational needs of the hospital | ||||||
24 | with respect to
organ and tissue donation; and
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25 | (3) identifying the number of organ and tissue | ||||||
26 | donations and referrals to
potential organ and tissue |
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1 | donors.
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2 | (g) All hospital and patient information, interviews, | ||||||
3 | reports,
statements,
memoranda, and other data obtained or | ||||||
4 | created by a tissue bank or federally
designated organ | ||||||
5 | procurement agency from the medical records review described
in | ||||||
6 | subsection (f) shall be privileged, strictly confidential, and
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7 | used
only for
the purposes put forth in subsection (f) of this | ||||||
8 | Section and shall
not
be
admissible as evidence nor | ||||||
9 | discoverable in an action of any kind in court or
before a | ||||||
10 | tribunal, board, agency, or person.
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11 | (h) Any person who, in good faith, acts in accordance with | ||||||
12 | the
terms
of this Section shall not be subject to any type of | ||||||
13 | civil or criminal liability
or
discipline for unprofessional | ||||||
14 | conduct for those actions under any
professional
licensing | ||||||
15 | statute.
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16 | (i) Any individual who wilfully or wantonly discloses | ||||||
17 | hospital or medical
record information in violation of
this | ||||||
18 | Section is guilty of a Class A
misdemeanor. As used in this | ||||||
19 | subsection, "wilfully or wantonly" means a course
of action | ||||||
20 | that shows an actual or deliberate intention to cause harm or | ||||||
21 | that,
if not intentional, shows an utter indifference to or | ||||||
22 | conscious disregard for
the safety of others or their property.
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23 | (j) The changes to this Section made by this amendatory Act | ||||||
24 | of the 93rd
General Assembly apply to any action filed on or | ||||||
25 | after January 1, 2004.
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26 | (Source: P.A. 93-492, eff. 1-1-04.)
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