Davidsmeyer-McClure Medical Records Bill Signed Into Law

By Benjamin Cox on August 10, 2023 at 6:27am

Legislation sponsored by two local General Assembly members to close the state’s loophole in medical records has been signed.

Sponsored by State Senator Steve McClure and co-sponsored in the House by State Representative C.D. Davidsmeyer, the new law restores parental rights to parents with special needs children when it comes to their healthcare records.

Illinois law previously required minors ages 12 to 17 to consent to their parent’s access to their medical records. Parents would then have to go through the local court system to override that law by filing a petition to gain access.

The new law now allows parents who are HIPAA representatives on any records to have access to those records. The law also allows the doctor to withhold records from parents if there is a suspected case of abuse to a special needs child.

The bill passed both chambers of the General Assembly unanimously back in May and was signed into law by Governor J.B. Pritzker on Friday.