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.
Under Illinois law, anyone under the age of 18 is considered a minor. A minor often needs parental or guardian consent for most healthcare services. However, you can access some services on your own. Exceptions to when you can consent for yourself depends on your legal status, medical condition or treatment.
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.
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.
You can submit your medical records request via email or mail to the hospital from which you're seeking the records. If you send via mail, please address the envelope to the attention of the Health Information Management Department at the hospital. You also can stop in and drop off your request in person.
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.
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 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.