Illinois Bar Journal


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Articles on Records

Emergency amendments to Illinois Vital Records Code June 2016 Illinois Law Update, Page 18 The Department adopted emergency amendments to the Illinois Vital Records Code that allow temporary removal of a dead human body from the State of Illinois for organ and tissue harvesting. 77 Ill. Adm. Code 500 (eff. Mar. 10, 2016).
Amendments to Structural Pest Control Code’s penalty and recordkeeping provisions November 2015 Illinois Law Update, Page 20 The Department of Public Health adopted amendments to the Structural Pest Control Code regarding record management and penalties for violations of licensing rules. 77 Ill. Adm. Code 830 (eff. August 7, 2015).
Access to public records updated to comply with Freedom of Information Act October 2015 Illinois Law Update, Page 18 The Department of Human Rights repealed "Access to Public Records of the Department of Human Rights," and adopted a new section with the same title in order to reflect changes made to the Freedom of Information Act. 2 Ill. Adm. Code 926 (eff. June 24, 2015).
New freedom of information rules adopted October 2015 Illinois Law Update, Page 18 The Department of Natural Resources repealed a Part titled 'Freedom of Information' and adopted a new Part with the same title in order to comply with the Freedom of Information Act and the Illinois Administrative Procedure Act. 2 Ill. Adm. Code 826 (eff. July 6, 2015).
Record of an arrest based on mistaken identity may be disposed of by State or Local Records Commission September 2015 Illinois Law Update, Page 18 This bill would amend both the State Records Act and Local Records Act in regard to procedures for destruction of arrest records for arrests based on mistaken identity.
Statewide immunization record database implemented September 2015 Illinois Law Update, Page 18 The department recently established the "Immunization Registry Code" under the authority of the Immunization Data Registry Act. 77 Ill. Adm. Code 689 (eff. May 22, 2015).
New standards for digital availability of public data June 2014 Illinois Law Update, Page 272 The newly enacted Open Operating Standards Act establishes a protocol for Illinois government agencies to make public data available on the Internet.
Public searchable databases of those who ignore toll liabilities November 2013 Illinois Law Update, Page 560 Section 10 of the Toll Highway Act has been amended to allow for the Tollway Authority to keep records or searchable databases on their website of individuals or entities who have been issued one or more final orders of liability and owe more than $1,000 in tolls, fines, unpaid late fees, or other administrative costs. 605 ILCS 10/10.
Correspondence from Our Readers October 2013 Column, Page 494 More on recorders and red-flagging; Bankruptcy and divorce.
Correspondence from Our Readers September 2013 Column, Page 442 Recorders and red-flagging.
Record-retention, other amendments to the State Records Act September 2013 Illinois Law Update, Page 452 The Illinois Secretary of State (the "Secretary") recently adopted amendments to regulations that will implement changes governing the management and retention of records, deleting outdated references, and implementing new guidelines and regulations regarding management of technologies not contemplated in the earlier version of the rule. 44 Ill. Adm. Code 4400.
Additional fees for recording a document affecting a real property interest. PA 098-0005 August 2013 Illinois Law Update, Page 392 To record a document affecting a real property interest, not including documents solely related to easements for water, sewer, electricity, gas, telephone, or other public services, the filer of the document (excluding a state agency, local government, or school district) will be charged $1 per document by the recorder. 55 ILCS 5/3-5018.
Electronic Medical Records: Metadata As Evidence in Litigation By James G. Meyer, Jonathan P. Tomes, and Lee Neubecker August 2013 Article, Page 422 Unlike paper files, electronic medical records contain autogenerated metadata that can make or break a case. Here's what to look for.
School districts must provide criminal record information upon request. PA 097-0248 October 2011 Illinois Law Update, Page 496 Illinois lawmakers have amended the School Code to require school districts to provide certain criminal record check results and Statewide Sex Offender Database check results that it obtained within the past year upon request. (105 ILCS 5/10-21.9, 5/34-18.5)
Medical schools may hire private entities to conduct criminal history record checks on matriculates. PA 096-1044. July 2011 Illinois Law Update, Page 336 Illinois lawmakers have amended the Medical School Matriculate Criminal History Records Check Act to allow medical schools to hire private entities to check the criminal history records of matriculates. (110 ILCS 57/10; 110 ILCS 57/15).
Making the most of your FOIA request By Helen W. Gunnarsson November 2010 LawPulse, Page 558 Tips on using the Illinois Freedom of Information Act from a lawyer who has both sought information and served as a municipality's Freedom of Information officer.
Court okays $20 handling fee for medical records By Helen W. Gunnarsson May 2010 LawPulse, Page 230 In a class action lawsuit, the Illinois Supreme Court has held that it is reasonable per se for a provider of medical record copies to charge the full amount of the statutory $20 fee pursuant to Article XX, Part 8 of the Code of Civil Procedure. The case is Solon v Midwest Medical Records Association, Inc, No 107719, 2010 WL 966395 (Ill Sup Ct).
Freedom of Information Act laws enhanced. PA 096-0542 April 2010 Illinois Law Update, Page 180 State lawmakers recently beefed up sunshine laws to help ensure open and transparent government. (For more, see Two Cheers for the New Freedom of Information Act in the February IBJ.)
Two Cheers for the New Illinois Freedom of Information Act By Alison K. Hayden February 2010 Article, Page 82 Revisions to Illinois' sunshine laws are designed to make public records more accessible. But will they work as intended?
Collateral estoppel does not apply to release of mental health records if prior action related to relevance of records, but not possible violations stemming from release of those records. January 2010 Illinois Law Update, Page 16 On October 23, 2009, the Illinois Appellate Court, Fifth District, affirmed in part and reversed in part the decision of the Circuit Court of St. Clair County to grant defendant's motion to dismiss a complaint relating to the release of mental health records in a divorce proceeding. 
Procedures for disposing of confidential records updated February 2009 Illinois Law Update, Page 70 The State Records Commission amended Title 44 of the Illinois Administrative Code, which regulates Government Contracts, Procurement, and Property Management. 44 Ill Adm Code 4400.
Subpoena for medical records January 2009 Illinois Law Update, Page 16 On October 31, 2008, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Logan County denying the state's request for a subpoena duces tecum, seeking release of a defendant's medical records for the day the defendant was charged with driving under the influence (DUI).
Order-of-protection laws amended to prohibit access to health records. PA 095-0912 November 2008 Illinois Law Update, Page 554 The Illinois General Assembly amended Section 602.1 of the Illinois Marriage and Dissolution of Marriage Act and Section 222 of the Illinois Domestic Violence Act to prohibit health care providers from releasing a child's health care records to any respondent listed in an order of protection. 750 ILCS 5/602.1, 750 ILCS 60/222.
Amendments protect minors’ interests in confidentiality and rehabilitation. PA 095-0123 January 2008 Illinois Law Update, Page 16 Sections 1-7 and 1-8 of the Juvenile Court Act of 1987, have been amended. 705 ILCS 405/1-7, 1-8. 
Strong public policy to disclose patient names to newspaper cannot override privacy June 2007 Illinois Law Update, Page 292 On April 9, 2007, the Illinois Appellate Court, Fifth District, affirmed the Circuit Court of Washington County's denial of the intervener's request that the court unseal the names of certain medical patients contained in a previous court order. 
When the doctor is the patient - and a med-mal defendant By Helen W. Gunnarsson August 2006 LawPulse, Page 398 Should a defendant-doctor's medical records be available to a plaintiff who alleges that the doctor's poor health caused him to deliver substandard care?
New taskforce to improve quality and efficiency of patient care Pa 09 -06 6 January 2006 Illinois Law Update, Page 16 On August 22, 2005, the Electronic health records Taskforce Act was passed in an effort to improve the quality of patient care, maximize efficiency, advance safety measures, and decrease healthcare errors.
Changes made to fee structure for processing requests for conviction information December 2005 Illinois Law Update, Page 622 The Illinois Department of State Police has recently amended Part 1215 of Title 20, 20 Ill Adm Code 1215, regarding fees for processing electronic requests and requests for conviction information.
Criminal records relating to certain offenses may be sealed PA 093-1084 May 2005 Illinois Law Update, Page 232 The State has authorized the sealing of certain criminal records of adults and of minors who were prosecuted as adults
Amendments Made to Implement Health Care Worker Background Check Act February 2004 Illinois Law Update, Page 70 The Illinois Department of Public Health recently adopted amendments to 77 Ill. Adm. Code 210.