2005 Illinois 735 ILCS 5/ Code of Civil Procedure. Part 20 - Inspection Of Records
(735 ILCS 5/Art. VIII Pt. 20 heading)
Part 20.
Inspection of Records
(735 ILCS 5/8‑2001) (from Ch. 110, par. 8‑2001)
Sec. 8‑2001. Examination of records.
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 an organizational structure whose records are subject to
Section 8‑2003.
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, permit the patient,
his or her physician,
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
physician or authorized attorney. 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. The health care facility shall be reimbursed by the
person requesting copies of records at the time of such copying for all
reasonable expenses, including the costs of independent copy service companies,
incurred by the health care facility in connection with such copying not to
exceed a $20 handling charge for processing the
request for copies, and 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), and actual shipping costs.
These rates shall be automatically adjusted as set forth in Section 8‑2006.
The health care facility 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.
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, physician,
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 health care facility
needs more time to comply with the request, then within 30 days after receiving
the request, the facility 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 must provide the
requested information no later than 60 days after receiving the request.
A health care facility must provide the public with at least 30 days prior
notice of the closure of the facility. 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 is located.
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.
(Source: P.A. 93‑87, eff. 7‑2‑03; 94‑155, eff. 1‑1‑06.)
(735 ILCS 5/8‑2002) (from Ch. 110, par. 8‑2002)
Sec. 8‑2002.
Application.
(a) Part 20 of Article VIII of this
Act does not apply to the records of patients,
inmates, or persons being examined, observed or treated in any
institution, division, program or service now existing, or hereafter
acquired or created under the jurisdiction of the Department of Human
Services as successor to the Department of Mental Health and Developmental
Disabilities and the Department of
Alcoholism and Substance Abuse, or over which, in that capacity, the
Department of Human Services exercises
executive or administrative supervision.
(b) In the event of a conflict between the application of Part 20 of
Article VIII of this Act
and the Mental Health and Developmental Disabilities Confidentiality Act
or subsection (bb) of Section 30‑5 of the
Alcoholism and Other Drug Abuse and Dependency Act
to a specific situation, the provisions of the Mental Health and
Developmental Disabilities Confidentiality Act or subsection (bb) of
Section 30‑5
of the Alcoholism and Other Drug Abuse and Dependency Act
shall control.
The provisions of federal law concerning the confidentiality of
alcohol and drug abuse patient records, as contained in Title 21 of the
United States Code, Section 1175; Title 42 of the United States Code,
Section 4582; 42 CFR Part 2; and any other regulations promulgated pursuant
thereto, all as now or hereafter amended, shall supersede all other laws
and regulations concerning such confidentiality, except where any such
otherwise applicable laws or regulations are more stringent, in which case
the most stringent shall apply.
(Source: P.A. 88‑670, eff. 12‑2‑94; 89‑507, eff. 7‑1‑97.)
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(735 ILCS 5/8‑2003) (from Ch. 110, par. 8‑2003)
Sec. 8‑2003.
Records of health care practitioners.
In
this Section, "practitioner" means any health care practitioner, including a
physician, dentist, podiatrist, advanced practice nurse, physician
assistant, clinical psychologist, or clinical social worker. 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 as defined in
Section 8‑2001.
Every practitioner shall, upon the request of any patient
who has been treated by such practitioner, permit the
patient
and the patient's practitioner or authorized attorney to examine and copy the
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. Such request for examining and
copying of the records shall be in writing and shall be delivered to such practitioner. Such written request shall be complied with by
the practitioner within a reasonable time after receipt by him or
her
at his or her office or any other place designated by him or her.
The requirements of this Section shall be satisfied within 30 days of the
receipt of a written request.
If the practitioner needs more time to comply with the request,
then
within 30 days after receiving the request, the 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 practitioner must
provide the requested information no later than 60 days after
receiving the request.
The practitioner shall be reimbursed by the person
requesting
such
records at the time of such copying, for all reasonable expenses, including
the costs of independent copy service companies, incurred by the
practitioner in connection with such copying not to exceed a $20 handling
charge for processing the request for copies, and 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), and actual shipping costs.
These rates shall be automatically
adjusted as set forth in Section 8‑2006. The physician or other 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.
A health care practitioner must provide the public with at least 30 days
prior notice
of the closure of the practitioner's practice. The notice must include an
explanation of how copies of the practitioner'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 practitioner's practice is located.
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.
(Source: P.A. 92‑228, eff. 9‑1‑01; 93‑87, eff. 7‑2‑03.)
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(735 ILCS 5/8‑2004) (from Ch. 110, par. 8‑2004)
Sec. 8‑2004.
(Repealed).
(Source: P.A. 92‑228, eff. 9‑1‑01. Repealed by P.A. 93‑87, eff. 7‑2‑03.)
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(735 ILCS 5/8‑2005)
Sec. 8‑2005.
Attorney's records.
This Section applies only if a client and his or her authorized
attorney have complied with all applicable legal requirements regarding
examination and copying of client files, including but not limited to
satisfaction of expenses and attorney retaining liens.
Upon the request of a client, an
attorney shall permit the client's authorized attorney to examine and copy the
records kept by the attorney in connection with the representation of the
client, with the exception of attorney work product. The request for
examination and copying of the records shall be in
writing and shall be delivered to the attorney. Within a reasonable time after
the attorney receives the written request, the attorney shall comply with the
written request at his or her office or any other place designated by him or
her. At the time of copying, the person requesting the records shall
reimburse the attorney for all reasonable expenses, including the costs of
independent copy service companies, incurred by the attorney in connection
with the copying not to exceed a
$20 handling charge for processing the request for copies,
and
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), and actual shipping costs.
These rates shall be automatically
adjusted as set forth in Section 8‑2006.
The attorney 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 pictures.
An attorney shall satisfy the requirements of this Section within 60
days after he or she receives a request from a client or his or her authorized
attorney. An attorney who fails to comply with the time limit requirement of
this Section shall be required to pay expenses and reasonable attorney's fees
incurred in connection with any court‑ordered enforcement of the
requirements of this Section.
(Source: P.A. 92‑228, eff. 9‑1‑01.)
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(735 ILCS 5/8‑2006)
Sec. 8‑2006.
Copying fees; adjustment for inflation.
Beginning in
2003, every January 20, the copying fee limits established in Sections 8‑2001,
8‑2003, 8‑2004, and 8‑2005 shall automatically be increased or decreased, as
applicable, by a percentage equal to the percentage change in the consumer
price index‑u during the preceding 12‑month calendar year. "Consumer price
index‑u" means the index published by the Bureau of Labor Statistics of the
United States Department of Labor that measures the average change in
prices of goods and services purchased by all urban consumers, United
States city average, all items, 1982‑84 = 100. The new amount resulting
from each annual adjustment shall be determined by the Comptroller and
made available to the public on January 20 of every year.
(Source: P.A. 92‑228, eff. 9‑1‑01.)
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