HB 4845

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Full Text of HB4845
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	HB4845 - 104th General Assembly
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			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,
3represented in the General Assembly:
4    Section 5. The Code of Civil Procedure is amended by
5adding Section 8-2001.10 as follows:
6    (735 ILCS 5/8-2001.10 new)
7    Sec. 8-2001.10. Authorization for release of an 
8incapacitated person's records.
9    (a) In addition to disclosure allowed under Section 8-802, 
10an incapacitated person's health care records must be released 
11upon written request of the guardian of the incapacitated 
12person's or by an agent appointed by the incapacitated person 
13under a power of attorney for health care. If no guardian or 
14agent exists, and the incapacitated person did not 
15specifically object to disclosure of the incapacitated 
16person's records in writing, then an incapacitated person's 
17health care records must be released upon the written request 
18of a person, who is considered to be a personal representative 
19of the patient for the purpose of the release of an 
20incapacitated patient's health care records, in one of these 
21categories:
22        (1) the incapacitated person's spouse; or
23        (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.
5    (b) Health care facilities and practitioners are 
6authorized to provide a copy of an incapacitated patient's 
7records based upon a person's payment of the statutory fee and 
8signed Authorized Relative Certification, attesting to the 
9fact that the person is authorized to receive such records 
10under this Section.
11    (c) Any person who, in good faith, relies on a copy of an 
12Authorized Relative Certification has the same immunities from 
13criminal and civil liability as those who rely on a power of 
14attorney for health care as provided by State law.
15    (d) Upon request for records of an incapacitated person, 
16the named authorized relative shall provide the facility or 
17practitioner with a statement of a treating health care 
18provider that the person is incapacitated as defined in the 
19Illinois Power of Attorney Act and a certification in 
20substantially the following form:
21AUTHORIZED RELATIVE CERTIFICATION
22    I, (insert name of authorized relative), certify that I am 
23an authorized relative of (insert name of incapacitated 
24person). (A statement of the treating health care provider 
25must be attached).
26    I certify that to the best of my knowledge and belief that 
		HB4845	- 3 -	LRB104 17026 JRC 30441 b
1no guardian has been appointed for the incapacitated person, 
2that no agent was authorized to act for the incapacitated 
3person under a power of attorney for health care, and the 
4incapacitated person has not specifically objected to 
5disclosure in writing.
6    I certify that I am the spouse of the incapacitated 
7person; or
8    I certify that there is no spouse and my relationship to 
9the incapacitated person is (circle one):
10        (1) An adult child of the incapacitated person.
11        (2) Either parent of the incapacitated person.
12        (3) An adult child of the incapacitated person.
13    I certify that I am seeking the records as a personal 
14representative who is acting in a representative capacity and 
15who is authorized to seek these records under Section 
168-2001.10 of the Code of Civil Procedure.
17    This certification is made under penalty of perjury.
18    Dated: (insert date)
19    .........................................................
20    (Print Authorized Relative's Name)
21    .........................................................
22    (Authorized Relative's Signature)
23    .........................................................
24    (Authorized Relative's Address)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.