Publications

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The Department of Human Rights repealed "Access to Public Records of the Department of Human Rights," and adopted a new section with the same title in order to reflect changes made to the Freedom of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The Department of Natural Resources repealed a Part titled 'Freedom of Information' and adopted a new Part with the same title in order to comply with the Freedom of Information Act and the Illinois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

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. 

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