October 2003 - RECENT DEVELOPMENTS RELATED TO THE CONFIDENTIALITY OF INFORMATION



  • Amendments to the AIDS Confidentiality Act
    The AIDS Confidentiality Act has been amended to expand the coverage of the Act’s provisions to include physician assistants, advance practice nurses, dentists, podiatrists or any other individual certified to provide HIV testing and counseling by a state or local public health department. Public Act 93-0482, effective 8/8/2003.


  • Amendments to Examination of Patient Records Law
    The statute that permitted hospitals to charge a copying fee for providing access to patient records has been expanded to include all health care facilities, including hospitals, ambulatory surgical treatment centers, nursing homes, independent practice associations, physician hospital organizations and any other entity where health care services are provided to any person. A health care facility may charge 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. A new provision was also added that requires that requests for records be satisfied within 30 days of the receipt of the written request (with one 30 day extension permitted with a written explanation to the patient). Public Act 93-0087; effective 7/2/2003.


  • Medical Staff Communications Regarding Litigation
    Recent changes to the Hospital Licensing Act now forbid members of a hospital’s medical staff who are not actual or alleged agents, employees or apparent agents of the hospital from communicating with legal counsel for the hospital or with a hospital’s risk management department concerning any claims alleged in a malpractice action against the hospital, unless the patient has given consent or the communication occurs in connection with discovery procedures. Public Act 93-0492, effective 1/1/2004.


If you would like additional information about any of these developments, please contact Nancy Armatas at 312-922-4447.