Illinois
Medical Records Custodian & Retention Laws
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Illinois Medical Record Retention Law:
https://www.ilga.gov/
General Requirement:
- * Hospitals must preserve medical records for a minimum of 10 years.
Litigation Exception:
If the hospital receives written notification from an attorney that there is pending litigation involving a specific patient's records:
The hospital must retain the record until one of the following occurs:
Conclusion of Litigation: When notified in writing by the plaintiff's attorney, with the approval of the defendant's attorney, that the litigation involving the record has concluded.
Maximum Retention: The record must be kept for 12 years from the date the record was produced, whichever comes first.
Cost
https://illinoiscomptroller.gov/
Charges for Copying Records:
General Paper Copy Fees:
First 25 pages: $0.75 per page.
Pages 26 to 50: $0.50 per page.
Pages beyond 50: $0.25 per page.
Microfiche or microfilm copies: $1.25 per page.
Electronic Copies:
* Fee: 50% of the per-page charge for paper copies.
* Media: Includes the cost of each CD Rom, DVD, or other storage media.
* Format: If records are already in electronic format, they should be provided electronically upon request. If not possible, the requester must be informed in writing.
Handling Fee:
Up to $20 for processing the request.
Exception: This fee is waived if the records are requested under Section 8-2001.5, typically for Social Security or Supplemental Security Income benefits.
Postage or Shipping Costs:
The actual cost can be charged if the records are mailed.
Special Records:
For records not easily copied by standard commercial photocopy machines (like x-rays or pictures), a reasonable duplication fee can be charged.
No Charge for Specific Records (Effective January 1, 2022):
Eligibility:
No charge for "one complete copy of a patient’s records" (including any updated records not included in the original copy) if the records are requested for the purpose of supporting a claim for:
Federal Social Security benefits.
Supplemental Security Income benefits.
This applies to requests made by the patient or by someone authorized on their behalf, such as an attorney or representative, with proper documentation.
Illinois Medical Board
https://idfpr.illinois.gov/profs/boards/statemedboard.html