Medical Information Released Without Consent In Chicago
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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 ...
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.
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.
In Illinois, medical records must be retained for a minimum of 6 years. Desert River Solutions makes it easy for you to ensure your patients have access to their medical records for the legally required amount of time.
Your medical records can be sent to anyone including health care providers, employers or organizations. You can also request copies of your medical records for your own personal use.
For example, under Illinois law, hospitals must keep medical records at least 10 years. There is no specific rule for how long doctors in Illinois must keep medical records. You have the right to see, get a copy of, and amend your medical record for as long as your health care provider has it.
Certain criminal offenses in Illinois have no statute of limitations due to the time it may take to gather physical evidence such as sexual assault evidence, reckless homicide evidence, homicidal death evidence, financial exploitation evidence, and personal injury evidence.
