Release Of Information Without Consent In Illinois
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Provided within 5 business days after receipt of the request. The response time can be extended automatically for 5 additional business days, and/or by mutual agreement between the requestor and IDNR. For “commercial” request, the response time for a FOIA request is 21 business days after receipt of the FOIA request.
FOIA is the state Freedom of Information Act. Under the Illinois Freedom of Information Act (5 ILCS 140), records in the possession of public agencies may be accessed by the public upon written request.
Illinois law stipulates that all medical professionals must obtain a patients' informed consent before a procedure which includes disclosing information about the nature of the procedure, the expected and potentially unexpected results, risks, complications, and alternatives.
The Illinois Freedom of Information Act (FOIA) is designed to ensure that Illinois residents can obtain information about their government. In 2009, Attorney General Lisa Madigan worked with legislators and a diverse group of individuals and organizations to strengthen FOIA and hold government more accountable.
The law requires “data collectors” that own or licenses personal information for any Illinois resident to notify the Illinois resident if there has been any “breach” in the “data collectors” computer systems.
FOIA contains an exemption for records that, if disclosed, would result in a “clearly unwarranted invasion of personal privacy.” An “unwarranted invasion of personal privacy” means the “disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject's right to privacy ...
The Rules for the Health Insurance Portability and Accountability Act (“HIPAA”) require that records be maintained for a minimum of 6 years from the date of their creation and that records of any disclosure be maintained for 6 years from the disclosure date.
Under the Illinois Hospital Licensing Act, healthcare facilities must retain the medical records of every patient as per hospital policy and for at least ten years. This act implies that a subpoena for medical records in Illinois can go ten years back.
Illinois law works in tandem with federal regulations regarding medical records, under the federal law known as the Health Insurance Portability and Accountability Act (HIPAA). HIPAA requires doctors and their staff to keep your medical records strictly confidential.
