Bill > HB4845

This bill amends the Code of Civil Procedure to create a clear process for releasing the health care records of an incapacitated person, meaning someone unable to manage their own affairs. The records must be released if requested in writing by the person's legal guardian or an agent appointed through a health care power of attorney, which is a legal document allowing someone to make health care decisions for another. If no guardian or agent exists, and the incapacitated person did not previously object in writing, the records can be released to certain family members acting as a "personal representative" in a specific order of priority: first, the spouse; if no spouse, then an adult child, a parent, or an adult sibling. To obtain these records, the authorized relative must provide the healthcare facility or practitioner with a statement from a treating healthcare provider confirming the person's incapacity and complete a signed "Authorized Relative Certification" form, attesting to their relationship and the absence of a guardian or agent, and that the incapacitated person did not object to disclosure. This certification provides legal protection to healthcare providers who rely on it in good faith.

https://www.ilga.gov/Legislation/BillStatus?DocNum=4845&GAID=18&DocTypeID=HB&SessionID=114&GA=104