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Full Text of HB4845
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HB4845 - 104th General Assembly
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Introduced
House Amendment 001
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Introduced
House Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4845
Introduced , by Rep. Jay Hoffman
SYNOPSIS AS INTRODUCED:
735 ILCS 5/8-2001.10 new
Amends the Code of Civil Procedure. Creates an authorization and form
for the release of an incapacitated person's health care records. Provides
that an incapacitated person's health care records must be released upon
written request of the guardian of the incapacitated person or by an agent
appointed by the incapacitated person under a power of attorney for health
care. Provides that, if no guardian or agent exists and the incapacitated
person did not specifically object to disclosure of the incapacitated
person's records in writing, then an incapacitated person's health care
records must be released upon the written request of a person in one of
these categories: (1) the incapacitated person's spouse; or (2) if there
is no spouse, any one or more of the following: (i) an adult child of the
incapacitated person, (ii) a parent of the incapacitated person, or (iii)
an adult sibling of the incapacitated person. Provides that the named
authorized relative upon request for records of a incapacitated person,
shall provide the facility or practitioner with a statement of a treating
health care provider that the person is incapacitated. Effective
immediately.
LRB104 17026 JRC 30441 b
A BILL FOR
HB4845
LRB104 17026 JRC 30441 b
1
AN ACT concerning civil law.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Code of Civil Procedure is amended by
5
adding Section 8-2001.10 as follows:
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(735 ILCS 5/8-2001.10 new)
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Sec. 8-2001.10.
Authorization for release of an
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incapacitated person's records.
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(a) In addition to disclosure allowed under Section 8-802,
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an incapacitated person's health care records must be released
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upon written request of the guardian of the incapacitated
12
person's or by an agent appointed by the incapacitated person
13
under a power of attorney for health care. If no guardian or
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agent exists, and the incapacitated person did not
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specifically object to disclosure of the incapacitated
16
person's records in writing, then an incapacitated person's
17
health care records must be released upon the written request
18
of a person, who is considered to be a personal representative
19
of the patient for the purpose of the release of an
20
incapacitated patient's health care records, in one of these
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categories:
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(1) the incapacitated person's spouse; or
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(2) if there is no spouse, any one or more of the
HB4845
- 2 -
LRB104 17026 JRC 30441 b
1
following:
2
(A) an adult child of the incapacitated person;
3
(B) a parent of the incapacitated person; or
4
(C) an adult sibling of the incapacitated person.
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(b) Health care facilities and practitioners are
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authorized to provide a copy of an incapacitated patient's
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records based upon a person's payment of the statutory fee and
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signed Authorized Relative Certification, attesting to the
9
fact that the person is authorized to receive such records
10
under this Section.
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(c) Any person who, in good faith, relies on a copy of an
12
Authorized Relative Certification has the same immunities from
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criminal and civil liability as those who rely on a power of
14
attorney for health care as provided by State law.
15
(d) Upon request for records of an incapacitated person,
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the named authorized relative shall provide the facility or
17
practitioner with a statement of a treating health care
18
provider that the person is incapacitated as defined in the
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Illinois Power of Attorney Act and a certification in
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substantially the following form:
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AUTHORIZED RELATIVE CERTIFICATION
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I, (insert name of authorized relative), certify that I am
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an authorized relative of (insert name of incapacitated
24
person). (A statement of the treating health care provider
25
must be attached).
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I certify that to the best of my knowledge and belief that
HB4845
- 3 -
LRB104 17026 JRC 30441 b
1
no guardian has been appointed for the incapacitated person,
2
that no agent was authorized to act for the incapacitated
3
person under a power of attorney for health care, and the
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incapacitated person has not specifically objected to
5
disclosure in writing.
6
I certify that I am the spouse of the incapacitated
7
person; or
8
I certify that there is no spouse and my relationship to
9
the incapacitated person is (circle one):
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(1) An adult child of the incapacitated person.
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(2) Either parent of the incapacitated person.
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(3) An adult child of the incapacitated person.
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I certify that I am seeking the records as a personal
14
representative who is acting in a representative capacity and
15
who is authorized to seek these records under Section
16
8-2001.10 of the Code of Civil Procedure.
17
This certification is made under penalty of perjury.
18
Dated: (insert date)
19
.........................................................
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(Print Authorized Relative's Name)
21
.........................................................
22
(Authorized Relative's Signature)
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.........................................................
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(Authorized Relative's Address)
25
Section 99.
Effective date.
This Act takes effect upon
26
becoming law.
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