735 ILCS 5/8-2001
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article VIII - Evidence

 (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.(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 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). 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 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 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.)