HEALTHCARE: PROVISION OF MEDICAL RECORDS TO PATIENTS

       Illinois law (235 ILCS 5/8-2003) requires all Illinois health care facilities and practitioners to provide copies of medical records upon written request by a patient or the patient’s legal representative upon presentation of a valid signed authorization.  In addition, every practitioner is required to permit the patient, the patient’s practitioner or authorized attorney to examine and copy the patient’s records.  A request for examination and copying of medical records must be in writing and presented to the practitioner.  Patient care records include, but are not limited to, those relating to the diagnosis, treatment, prognosis, history, notes, charts and pictures kept in connection with the patient’s treatment.

       A practitioner may request reimbursement at the time of copying for reasonable expenses, including the costs of independent copy services companies, not to exceed the amount determined in accordance with the following schedule:

          Handling Charge                                                   $22.28
          Copy Pages 1-24                                                  $0.84 (per page)
          Copy Pages 25-50                                                $0.56
          Copy Pages in excess of 50                                   $0.28
          Copies made from Microfiche or microfilm               $1.39

       These rates are automatically adjusted annually for inflation based on the percentage change in the consumer price index during the preceding 12 months.  The adjusted rates are published on the Comptroller’s official website on each January 31.  A practitioner may charge additional fees for the reasonable cost of all duplication of record material (such as x-rays or pictures) that cannot routinely be copied on a standard commercial photocopy machine.

       A request for patient records must be satisfied within 30 days after receiving a written request.  If additional time is needed, then within 30 days after receiving a request, a practitioner must provide the requesting party with a written statement detailing the reasons for the delay and the date by which the information will be provided.  In no event may the information be provided later than 60 days after receiving a request.  A practitioner who fails to comply with these time limits will be required to pay all expenses and reasonable attorney fees incurred in connection with any court ordered enforcement of the law.

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