Bill Text: IL HB4116 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Provides that notwithstanding any other provision of law, a health care facility or health care practitioner shall provide a patient's records without charge if the records are being requested by the patient for use in supporting an application, claim, or appeal relating to a government benefit or program. Provides that if the health care facility or health care practitioner maintains records in electronic form, the health care facility or health care practitioner shall provide the copy to the patient in either electronic or paper form, as required by the government entity administering the benefit or program, or at the request of the patient. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4116 Detail]

Download: Illinois-2017-HB4116-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4116 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
735 ILCS 5/8-2001 from Ch. 110, par. 8-2001
Amends the Code of Civil Procedure. Provides that notwithstanding any other provision of law, a health care facility or health care practitioner shall provide a patient's records without charge if the records are being requested by the patient for use in supporting an application, claim, or appeal relating to a government benefit or program. Provides that if the health care facility or health care practitioner maintains records in electronic form, the health care facility or health care practitioner shall provide the copy to the patient in either electronic or paper form, as required by the government entity administering the benefit or program, or at the request of the patient. Effective immediately.
LRB100 15081 HEP 29924 b
A BILL FOR
HB4116 LRB100 15081 HEP 29924 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
changing Section 8-2001 as follows:
(735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
(Text of Section before amendment by P.A. 100-513)
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 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.

HB4116 - 2 - LRB100 15081 HEP 29924 b
(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

HB4116 - 3 - LRB100 15081 HEP 29924 b
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).

HB4116 - 4 - LRB100 15081 HEP 29924 b
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 care

HB4116 - 5 - LRB100 15081 HEP 29924 b
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 law, a health
care facility or health care practitioner shall provide a
patient's records without charge if the records are being
requested by the patient for use in supporting an application,
claim, or appeal relating to a government benefit or program.
If the health care facility or health care practitioner

HB4116 - 6 - LRB100 15081 HEP 29924 b
maintains records in electronic form, the health care facility
or health care practitioner shall provide the copy to the
patient in either electronic or paper form, as required by the
government entity administering the benefit or program, or at
the request of the patient.
(Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12;
98-214, eff. 8-9-13; 98-756, eff. 7-16-14.)
(Text of Section after amendment by P.A. 100-513)
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, 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.
(b) Every private and public health care facility shall,

HB4116 - 7 - LRB100 15081 HEP 29924 b
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
patient's records, including but not limited to those relating

HB4116 - 8 - LRB100 15081 HEP 29924 b
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).
This per page charge includes the cost of each CD Rom, DVD, or

HB4116 - 9 - LRB100 15081 HEP 29924 b
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 care
practitioner needs more time to comply with the request, then

HB4116 - 10 - LRB100 15081 HEP 29924 b
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 law, a health
care facility or health care practitioner shall provide a
patient's records without charge if the records are being
requested by the patient for use in supporting an application,
claim, or appeal relating to a government benefit or program.
If the health care facility or health care practitioner
maintains records in electronic form, the health care facility

HB4116 - 11 - LRB100 15081 HEP 29924 b
or health care practitioner shall provide the copy to the
patient in either electronic or paper form, as required by the
government entity administering the benefit or program, or at
the request of the patient.
(Source: P.A. 100-513, eff. 1-1-18.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.