Illinois 94th Regular Session Status: Passed Senate

SB 2295 — CIV PRO-COPY MED AND ATTY REC

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Code of Civil Procedure. Provides that records of health care practitioners shall be made available for examination or copying to any person, entity, or organization that presents a valid authorization for the release of records. Provides that records of an attorney shall be made available for examination or copying to any person, entity, or organization that presents a valid authorization for the release of those records, subject to conditions currently in the Section.

Bill Text

What changed in the latest version

173 added · 101 removed

Plain-language change summary

The changes to SB 2295 clarify the definition of what constitutes a "health care facility" and enhance the rights of patients and their representatives to access health care records. Specifically, it ensures that all patients, their healthcare practitioners, or authorized legal representatives can examine and copy their own medical records if they provide proper authorization. This matters because it strengthens patient rights and transparency in healthcare, making it easier for individuals to manage their health information.

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*LRB09416335AJO51586b* SB2295 94TH GENERAL ASSEMBLY State of Illinois and 2006 SB2295 Introduced 1/12/2006, by Sen.
SB2295 Engrossed LRB094 16335 AJO 51586 b AN ACT concerning civil law.
John J.
Cullerton SYNOPSIS AS INTRODUCED:
ILCS 5/8-2003 from Ch.
110, par.
8-2003 ILCS 5/8-2005 Amends the Code of Civil Procedure.
Provides that records of health care practitioners shall be made available for examination or copying to any person, entity, or organization that presents a valid authorization for available for examination or copying to any person, entity, or organization that presents a valid authorization for the release of those records, subject to conditions currently in the Section.
LRB094 16335 AJO 51586 b A BILL FOR SB2295 LRB094 16335 AJO 51586 b AN ACT concerning civil law.
The Code of Civil Procedure is amended by changing Sections 8-2003 and 8-2005 as follows:
The Code of Civil Procedure is amended by changing Sections 8-2001, 8-2003, 8-2005, and 8-2006 as follows:
(735 ILCS 5/8-2003) (from Ch.
(735 ILCS 5/8-2001) (from Ch.
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 healthcare practitioner 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 healthcare practitioner 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 SB2295 Engrossed - 2 - LRB094 16335 AJO 51586 b 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, healthcare practitioner 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.
SB2295 Engrossed - 3 - LRB094 16335 AJO 51586 b 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 5/8-2003) (from Ch.
110, par.
Every practitioner shall, upon the request of any patient who has been treated by such practitioner, or any person, entity, or organization that presents a valid, signed authorization for the release of records, permit the patient and the patient’s practitioner or authorized attorney, or any person, entity, or organization that presents a valid, signed authorization for the release of records, 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.
Every practitioner shall, upon the request of any patient who has been treated by such 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 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.
The requirements of this Section shall be satisfied within SB2295 - 2 - LRB094 16335 AJO 51586 b 30 days of the receipt of a written request.
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.
If the SB2295 Engrossed - 4 - LRB094 16335 AJO 51586 b 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.
7-2-03.) SB2295 - 3 - LRB094 16335 AJO 51586 b (735 ILCS 5/8-2005) Sec.
7-2-03.) SB2295 Engrossed - 5 - LRB094 16335 AJO 51586 b (735 ILCS 5/8-2005) Sec.
Upon the request of a client, an attorney shall permit the client’s authorized attorney, or any person, entity, or organization that presents a valid, signed authorization for the release of records, 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.
Upon the request of a client, an attorney shall permit the client’s authorized attorney, or any person, entity, or organization presenting a valid authorization for the release of records signed by the client or the client’s legally authorized representative, 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.
An attorney who fails to SB2295 - 4 - LRB094 16335 AJO 51586 b 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.
An attorney who fails to SB2295 Engrossed - 6 - LRB094 16335 AJO 51586 b 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.
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(Source:
P.A.
92-228, eff.
9-1-01.) (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.
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Action History

  1. Session Sine Die

  2. House Floor Amendment No. 3 Motion to Concur Referred to Rules; Pursuant to Senate Rule 3-9(b).

  3. House Committee Amendment No. 1 Motion to Concur Referred to Rules; Pursuant to Senate Rule 3-9(b).

  4. Pursuant to Senate Rule 3-9(b) / Referred to Rules

  5. House Floor Amendment No. 3 Motion to Concur Rules Referred to Judiciary

  6. House Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary

  7. House Floor Amendment No. 3 Motion to Concur Referred to Rules

  8. House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. John J. Cullerton

  9. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  10. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. John J. Cullerton

  11. Placed on Calendar Order of Concurrence House Amendment(s) 01,03-November 15, 2006

  12. Secretary's Desk - Concurrence House Amendment(s) 01,03

  13. Approved for Consideration Rules

  14. Pursuant to Senate Rule 3-9(b) / Referred to Rules

  15. Placed on Calendar Order of Concurrence House Amendment(s) 01,03

  16. Secretary's Desk - Concurrence House Amendment(s) 01,03

  17. House Floor Amendment No. 5 Tabled Pursuant to Rule 40(a)

  18. House Floor Amendment No. 4 Tabled Pursuant to Rule 40(a)

  19. House Floor Amendment No. 2 Tabled Pursuant to Rule 40(a)

  20. Third Reading - Short Debate - Passed 105-000-000

  21. Placed on Calendar Order of 3rd Reading - Short Debate

  22. House Floor Amendment No. 3 Adopted by Voice Vote

  23. Final Action Deadline Extended-9(b) May 5, 2006

  24. House Floor Amendment No. 5 Referred to Rules Committee

  25. House Floor Amendment No. 5 Filed with Clerk by Rep. Sidney H. Mathias

  26. Added Alternate Chief Co-Sponsor Rep. Randall M. Hultgren

  27. Final Action Deadline Extended-9(b) April 30, 2006

  28. Held on Calendar Order of Second Reading - Short Debate

  29. Second Reading - Short Debate

  30. Final Action Deadline Extended-9(b) April 13, 2006

  31. House Floor Amendment No. 3 Recommends Be Adopted Judiciary I - Civil Law Committee; 009-000-000

  32. House Floor Amendment No. 4 Referred to Rules Committee

  33. House Floor Amendment No. 4 Filed with Clerk by Rep. Sidney H. Mathias

  34. Final Action Deadline Extended-9(b) April 7, 2006

  35. House Floor Amendment No. 3 Rules Refers to Judiciary I - Civil Law Committee

  36. House Floor Amendment No. 3 Referred to Rules Committee

  37. House Floor Amendment No. 3 Filed with Clerk by Rep. Sidney H. Mathias

  38. House Floor Amendment No. 2 Referred to Rules Committee

  39. House Floor Amendment No. 2 Filed with Clerk by Rep. Sidney H. Mathias

  40. Placed on Calendar 2nd Reading - Short Debate

  41. Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 014-000-000

  42. House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote

  43. House Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee

  44. Assigned to Judiciary I - Civil Law Committee

  45. Referred to Rules Committee

  46. First Reading

  47. Chief House Sponsor Rep. Sidney H. Mathias

  48. Placed on Calendar Order of First Reading

  49. Arrived in House

  50. Third Reading - Passed; 055-000-000

  51. Placed on Calendar Order of 3rd Reading February 14, 2006

  52. Second Reading

  53. Placed on Calendar Order of 2nd Reading February 9, 2006

  54. Do Pass as Amended Judiciary; 009-000-000

  55. Senate Committee Amendment No. 1 Adopted

  56. Held in Judiciary

  57. Senate Committee Amendment No. 1 Held in Judiciary

  58. Senate Committee Amendment No. 1 Rules Refers to Judiciary

  59. Senate Committee Amendment No. 1 Referred to Rules

  60. Senate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton

  61. Assigned to Judiciary

  62. Referred to Rules

  63. First Reading

  64. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • John J. Cullerton · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • John J. Cullerton

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 105 Yea · 0 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 930013
Democrat 9000
Republican 3000
Total 1050013
% of votes cast 89%0%0%11%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Sommer — Not Voting
Soto — Yea
Lang — Yea
Lindner — Yea
Acevedo — Yea
Bassi — Yea
Mathias — Not Voting
Beaubien — Yea
Beiser — Yea
Bellock — Not Voting
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Not Voting
Boland — Yea
May — Yea
Bost — Not Voting
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
Moffitt — Yea
Eddy — Yea
Flowers — Yea
Froehlich — Yea
Gordon — Yea
Munson — Yea
Hamos — Yea
Holbrook — Yea
Jefferson — Yea
Jenisch — Yea
Osmond — Yea
Kosel — Yea
Krause — Yea
Pritchard — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Flider — Yea
Madigan — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
McGuire — Yea
Meyer — Yea
Bradley, John — Yea
Molaro — Yea
Bradley, Richard — Yea
Mulligan — Yea
Leitch — Not Voting
McKeon — Not Voting
Jones — Not Voting
Poe — Not Voting
Churchill — Not Voting
Coulson — Not Voting
Daniels — Not Voting
Brady — Yea
Myers — Yea
Nekritz — Yea
Parke — Yea
Mitchell, Bill — Yea
Pihos — Yea
Burke — Yea
Mitchell, Jerry — Yea
Scully — Yea
Tenhouse — Yea
Sullivan — Yea
Hannig — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Howard — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Watson — Yea
Davis, Monique — Yea
Chavez — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Franks — Yea
Fritchey — Yea
Giles — Yea
Golar — Yea
Graham — Yea
Granberg — Yea
Hassert — Yea
Hultgren — Yea
Jakobsson — Yea
Osterman — Yea
Patterson — Not Voting
Phelps — Yea
Ramey — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 49004
Democrat 5000
Republican 1000
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Axley — Yea
Bomke — Yea
Burzynski — Yea
Garrett — Yea
Halvorson — Yea
Brady — Yea
Munoz — Yea
Lauzen — Yea
Link — Yea
Sullivan, J. — Yea
Petka — Yea
Millner — Yea
Jacobs — Yea
Peterson — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Shadid — Yea
Sieben — Yea
Demuzio — Yea
Silverstein — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Not Voting
Geo-Karis — Not Voting
Haine — Yea
Hendon — Yea
Maloney — Yea
Meeks — Yea
Schoenberg — Yea
Forby — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Not Voting
Ronen — Not Voting
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 2295 do?
Amends the Code of Civil Procedure. Provides that records of health care practitioners shall be made available for examination or copying to any person, entity, or organization that presents a valid authorization for the release of records. Provides that records of an attorney shall be made available for examination or copying to any person, entity, or organization that presents a valid authorization for the release of those records, subject to conditions currently in the Section.
Who sponsors SB 2295?
SB 2295 is sponsored by John J. Cullerton.
What is the current status of SB 2295?
This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 2295?
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