Illinois 2023-2024 Regular Session

Illinois House Bill HB3153 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3153 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: 735 ILCS 5/8-2001 from Ch. 110, par. 8-2001 Amends the Inspection of Records Part of the Evidence Article of the Code of Civil Procedure. Provides that notwithstanding any other provision of law, in cases involving a guardian ad litem, no fee shall be charged by a health care facility or health care practitioner for any copy of a patient's records if the records are requested by the patient or a person, entity, attorney, registered representative, guardian ad litem, or organization presenting a valid authorization for the release of records 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. LRB103 26813 LNS 53177 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3153 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: 735 ILCS 5/8-2001 from Ch. 110, par. 8-2001 735 ILCS 5/8-2001 from Ch. 110, par. 8-2001 Amends the Inspection of Records Part of the Evidence Article of the Code of Civil Procedure. Provides that notwithstanding any other provision of law, in cases involving a guardian ad litem, no fee shall be charged by a health care facility or health care practitioner for any copy of a patient's records if the records are requested by the patient or a person, entity, attorney, registered representative, guardian ad litem, or organization presenting a valid authorization for the release of records 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. LRB103 26813 LNS 53177 b LRB103 26813 LNS 53177 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3153 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
3	3	735 ILCS 5/8-2001 from Ch. 110, par. 8-2001 735 ILCS 5/8-2001 from Ch. 110, par. 8-2001
4	4	735 ILCS 5/8-2001 from Ch. 110, par. 8-2001
5	5	Amends the Inspection of Records Part of the Evidence Article of the Code of Civil Procedure. Provides that notwithstanding any other provision of law, in cases involving a guardian ad litem, no fee shall be charged by a health care facility or health care practitioner for any copy of a patient's records if the records are requested by the patient or a person, entity, attorney, registered representative, guardian ad litem, or organization presenting a valid authorization for the release of records 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.
6	6	LRB103 26813 LNS 53177 b LRB103 26813 LNS 53177 b
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8	8	A BILL FOR
9	9	HB3153LRB103 26813 LNS 53177 b HB3153 LRB103 26813 LNS 53177 b
10	10	HB3153 LRB103 26813 LNS 53177 b
11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Code of Civil Procedure is amended by
15	15	5 changing Section 8-2001 as follows:
16	16	6 (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
17	17	7 Sec. 8-2001. Examination of health care records.
18	18	8 (a) In this Section:
19	19	9 "Health care facility" or "facility" means a public or
20	20	10 private hospital, ambulatory surgical treatment center,
21	21	11 nursing home, independent practice association, or physician
22	22	12 hospital organization, or any other entity where health care
23	23	13 services are provided to any person. The term does not include
24	24	14 a health care practitioner.
25	25	15 "Health care practitioner" means any health care
26	26	16 practitioner, including a physician, dentist, podiatric
27	27	17 physician, advanced practice registered nurse, registered
28	28	18 nurse, licensed practical nurse, physician assistant, clinical
29	29	19 psychologist, clinical social worker, therapist, or counselor.
30	30	20 The term includes a medical office, health care clinic, health
31	31	21 department, group practice, and any other organizational
32	32	22 structure for a licensed professional to provide health care
33	33	23 services. The term does not include a health care facility.
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3153 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
38	38	735 ILCS 5/8-2001 from Ch. 110, par. 8-2001 735 ILCS 5/8-2001 from Ch. 110, par. 8-2001
39	39	735 ILCS 5/8-2001 from Ch. 110, par. 8-2001
40	40	Amends the Inspection of Records Part of the Evidence Article of the Code of Civil Procedure. Provides that notwithstanding any other provision of law, in cases involving a guardian ad litem, no fee shall be charged by a health care facility or health care practitioner for any copy of a patient's records if the records are requested by the patient or a person, entity, attorney, registered representative, guardian ad litem, or organization presenting a valid authorization for the release of records 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.
41	41	LRB103 26813 LNS 53177 b LRB103 26813 LNS 53177 b
42	42	LRB103 26813 LNS 53177 b
43	43	A BILL FOR
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68	68	1 (b) Every private and public health care facility shall,
69	69	2 upon the request of any patient who has been treated in such
70	70	3 health care facility, or any person, entity, or organization
71	71	4 presenting a valid authorization for the release of records
72	72	5 signed by the patient or the patient's legally authorized
73	73	6 representative, or as authorized by Section 8-2001.5, permit
74	74	7 the patient, his or her health care practitioner, authorized
75	75	8 attorney, or any person, entity, or organization presenting a
76	76	9 valid authorization for the release of records signed by the
77	77	10 patient or the patient's legally authorized representative to
78	78	11 examine the health care facility patient care records,
79	79	12 including but not limited to the history, bedside notes,
80	80	13 charts, pictures and plates, kept in connection with the
81	81	14 treatment of such patient, and permit copies of such records
82	82	15 to be made by him or her or his or her health care practitioner
83	83	16 or authorized attorney.
84	84	17 (c) Every health care practitioner shall, upon the request
85	85	18 of any patient who has been treated by the health care
86	86	19 practitioner, or any person, entity, or organization
87	87	20 presenting a valid authorization for the release of records
88	88	21 signed by the patient or the patient's legally authorized
89	89	22 representative, permit the patient and the patient's health
90	90	23 care practitioner or authorized attorney, or any person,
91	91	24 entity, or organization presenting a valid authorization for
92	92	25 the release of records signed by the patient or the patient's
93	93	26 legally authorized representative, to examine and copy the
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104	104	1 patient's records, including but not limited to those relating
105	105	2 to the diagnosis, treatment, prognosis, history, charts,
106	106	3 pictures and plates, kept in connection with the treatment of
107	107	4 such patient.
108	108	5 (d) A request for copies of the records shall be in writing
109	109	6 and shall be delivered to the administrator or manager of such
110	110	7 health care facility or to the health care practitioner. The
111	111	8 person (including patients, health care practitioners and
112	112	9 attorneys) requesting copies of records shall reimburse the
113	113	10 facility or the health care practitioner at the time of such
114	114	11 copying for all reasonable expenses, including the costs of
115	115	12 independent copy service companies, incurred in connection
116	116	13 with such copying not to exceed a $20 handling charge for
117	117	14 processing the request and the actual postage or shipping
118	118	15 charge, if any, plus: (1) for paper copies 75 cents per page
119	119	16 for the first through 25th pages, 50 cents per page for the
120	120	17 26th through 50th pages, and 25 cents per page for all pages in
121	121	18 excess of 50 (except that the charge shall not exceed $1.25 per
122	122	19 page for any copies made from microfiche or microfilm; records
123	123	20 retrieved from scanning, digital imaging, electronic
124	124	21 information or other digital format do not qualify as
125	125	22 microfiche or microfilm retrieval for purposes of calculating
126	126	23 charges); and (2) for electronic records, retrieved from a
127	127	24 scanning, digital imaging, electronic information or other
128	128	25 digital format in an electronic document, a charge of 50% of
129	129	26 the per page charge for paper copies under subdivision (d)(1).
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140	140	1 This per page charge includes the cost of each CD Rom, DVD, or
141	141	2 other storage media. Records already maintained in an
142	142	3 electronic or digital format shall be provided in an
143	143	4 electronic format when so requested. If the records system
144	144	5 does not allow for the creation or transmission of an
145	145	6 electronic or digital record, then the facility or
146	146	7 practitioner shall inform the requester in writing of the
147	147	8 reason the records can not be provided electronically. The
148	148	9 written explanation may be included with the production of
149	149	10 paper copies, if the requester chooses to order paper copies.
150	150	11 These rates shall be automatically adjusted as set forth in
151	151	12 Section 8-2006. The facility or health care practitioner may,
152	152	13 however, charge for the reasonable cost of all duplication of
153	153	14 record material or information that cannot routinely be copied
154	154	15 or duplicated on a standard commercial photocopy machine such
155	155	16 as x-ray films or pictures.
156	156	17 (d-5) The handling fee shall not be collected from the
157	157	18 patient or the patient's personal representative who obtains
158	158	19 copies of records under Section 8-2001.5.
159	159	20 (e) The requirements of this Section shall be satisfied
160	160	21 within 30 days of the receipt of a written request by a patient
161	161	22 or by his or her legally authorized representative, health
162	162	23 care practitioner, authorized attorney, or any person, entity,
163	163	24 or organization presenting a valid authorization for the
164	164	25 release of records signed by the patient or the patient's
165	165	26 legally authorized representative. If the facility or health
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176	176	1 care practitioner needs more time to comply with the request,
177	177	2 then within 30 days after receiving the request, the facility
178	178	3 or health care practitioner must provide the requesting party
179	179	4 with a written statement of the reasons for the delay and the
180	180	5 date by which the requested information will be provided. In
181	181	6 any event, the facility or health care practitioner must
182	182	7 provide the requested information no later than 60 days after
183	183	8 receiving the request.
184	184	9 (f) A health care facility or health care practitioner
185	185	10 must provide the public with at least 30 days prior notice of
186	186	11 the closure of the facility or the health care practitioner's
187	187	12 practice. The notice must include an explanation of how copies
188	188	13 of the facility's records may be accessed by patients. The
189	189	14 notice may be given by publication in a newspaper of general
190	190	15 circulation in the area in which the health care facility or
191	191	16 health care practitioner is located.
192	192	17 (g) Failure to comply with the time limit requirement of
193	193	18 this Section shall subject the denying party to expenses and
194	194	19 reasonable attorneys' fees incurred in connection with any
195	195	20 court ordered enforcement of the provisions of this Section.
196	196	21 (h) Notwithstanding any other provision of the law, a
197	197	22 health care facility or health care practitioner shall provide
198	198	23 without charge one complete copy of a patient's records if the
199	199	24 records are being requested by the patient or a person,
200	200	25 entity, attorney, registered representative, or organization
201	201	26 presenting a valid authorization for the release of records
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212	212	1 signed by the patient or the patient's legally authorized
213	213	2 representative who has provided documentation of authority to
214	214	3 act for the patient, or by such other requester as is
215	215	4 authorized by statute if the patient is deceased, for the
216	216	5 purpose of supporting a claim for: (1) federal veterans'
217	217	6 disability benefits; (2) federal Social Security or
218	218	7 Supplemental Security Income benefits, or both, under any
219	219	8 title of the Social Security Act; or (3) Aid to the Aged,
220	220	9 Blind, or Disabled benefits. Upon request, and if the records
221	221	10 are for at least one of the approved purposes, the requester
222	222	11 may obtain updated medical records not included in the
223	223	12 original medical record free of charge if the request is
224	224	13 accompanied by a valid authorization for the release of
225	225	14 records signed by the patient, the patient's legally
226	226	15 authorized representative who has provided documentation of
227	227	16 authority to act for the patient, or such other requester as is
228	228	17 authorized by statute if the patient is deceased.
229	229	18 (i) Notwithstanding any other provision of law, in cases
230	230	19 involving a guardian ad litem, no fee shall be charged by a
231	231	20 health care facility or health care practitioner for any copy
232	232	21 of a patient's records if the records are requested by the
233	233	22 patient or a person, entity, attorney, registered
234	234	23 representative, guardian ad litem, or organization presenting
235	235	24 a valid authorization for the release of records signed by the
236	236	25 patient or the patient's legally authorized representative who
237	237	26 has provided documentation of authority to act for the
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248	248	1 patient, or by such other requester as is authorized by
249	249	2 statute if the patient is deceased.
250	250	3 (Source: P.A. 102-183, eff. 1-1-22.)
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