Illinois Medical Records Request Rules for Practices (2026)

Illinois gives practices 30 days to produce records after a written request, with one extension to a firm 60-day limit, and the same rule covers the patient, the patient's attorney and anyone holding a valid signed authorization. Copy fees are capped by 735 ILCS 5/8-2001 and adjusted every year by the Illinois Comptroller; for 2026 the handling charge is $36.68 and paper copies run from $1.38 down to $0.46 per page. Mental health, HIV and genetic test information each have separate Illinois consent rules, and defense lawyers may talk to a plaintiff's treating physician only through formal discovery.

At a glance

Question	Answer
Deadline for a patient's request	30 days from receipt of a written request. If more time is needed, the practice must send a written reason and a delivery date within those 30 days, and must produce the records no later than 60 days after the request.
Copy fees a practice can charge	2026 Comptroller amounts: handling charge $36.68, plus $1.38 per page for pages 1 to 25, $0.92 for pages 26 to 50, $0.46 after page 50, $2.29 per page from microfiche or microfilm, and actual postage. Electronic copies: 50% of the paper per-page charge. Reasonable cost for X-ray films and other items a standard copier cannot reproduce.
Requests from the patient's attorney	Covered by the same statute: an authorized attorney or anyone with a valid authorization signed by the patient gets the same 30-day deadline and the same fee caps.
Subpoenas	Illinois Supreme Court Rule 204 governs. A records-only subpoena can excuse the deposition if copies are served by a set date, and the requesting party pays the practice's reasonable charges. A nonparty physician's discovery deposition needs agreement and the physician's consent, or a court-ordered subpoena. Mental health records need a court order or the patient's written consent with the subpoena.
Records that need extra consent	Mental health records (740 ILCS 110), HIV-related information (410 ILCS 305) and genetic test results (410 ILCS 513) each need an authorization that meets their own statute.
How long to keep records	Hospitals: at least 10 years, longer if an attorney gives written notice of litigation. We could not confirm a general retention period for physician or other outpatient practices in a primary source.
Recent changes (2023–2026)	New Comptroller fee amounts for 2026. The latest change to the records statute itself in the official text we read took effect January 1, 2022.

When the patient asks

Under 735 ILCS 5/8-2001, every health care facility and health care practitioner must let a patient examine and copy their records. "Health care practitioner" is defined broadly. It covers physicians, physician assistants, nurses, therapists and counselors, and also a medical office, health care clinic or group practice. The request must be in writing and delivered to the practitioner or to the facility's administrator or manager.

The practice has 30 days from receiving the written request. If it needs more time, it must tell the requester in writing, within those 30 days, why there is a delay and when the records will be ready. In every case the records are due within 60 days. A practice that misses these limits can be ordered to pay the requester's expenses and reasonable attorneys' fees if a court has to enforce the request.

The statute sets base fees ($20 handling charge, then 75, 50 and 25 cents per page) and Section 8-2006 adjusts them each January by the consumer price index. The Comptroller posts the adjusted figures by January 31. For 2026 the Comptroller lists:

Handling charge: $36.68, plus actual postage or shipping
Pages 1 through 25: $1.38 per page
Pages 26 through 50: $0.92 per page
Pages over 50: $0.46 per page
Copies from microfiche or microfilm: $2.29 per page

Records pulled from scanned or electronic systems are charged at 50% of the paper per-page rate, and that charge includes the CD, DVD or other storage media. Records already kept electronically must be provided electronically if the requester asks. If the system cannot do that, the practice must explain why in writing. A practice may also charge the reasonable cost of copying items a standard copier cannot handle, such as X-ray films or pictures.

Two fee exceptions apply. One complete copy must be free when the records support a claim for federal veterans' disability benefits, Social Security or SSI benefits, or Aid to the Aged, Blind, or Disabled benefits. And the handling fee cannot be charged to a patient or personal representative who gets a deceased patient's records under Section 8-2001.5. For a patient's own request, the federal HIPAA cost-based fee rule can allow less than these state caps.

When the patient's attorney asks

The Illinois statute names the patient's "authorized attorney" and "any person, entity, or organization presenting a valid authorization" signed by the patient or the patient's legal representative. These requesters can examine and copy records on the same terms as the patient. The fee section applies to every requester, "including patients, health care practitioners and attorneys", so the 2026 handling charge and per-page amounts above are the caps for a personal injury firm's request. The 30-day deadline and 60-day outer limit also apply.

Subpoenas

Illinois Supreme Court Rule 204 lets the court clerk or an Illinois attorney of record issue a subpoena for documents. A person served must respond to a lawful subpoena once the witness fee and mileage have been tendered. Under Rule 204(a)(4), the notice can excuse the deposition entirely if copies of the listed documents are served by a set date. Unless the court orders or the parties agree otherwise, the party requesting the documents pays the practice's reasonable charges for producing them. The subpoena must be filed with the court at least 14 days before the scheduled deposition.

Rule 204(c) protects physicians. A nonparty physician can be deposed in a professional capacity only if the parties agree and the physician consents, or under a subpoena issued on a court order. The party taking the deposition must pay the physician a reasonable fee for the time spent testifying.

In Petrillo v. Syntex Laboratories (1986), the Illinois Appellate Court held that "discussions between defense counsel and a plaintiff's treating physician should be pursuant to the rules of discovery only." In practice, defense lawyers should reach a plaintiff's treating provider through subpoenas, depositions and other formal discovery, not private meetings or calls.

Mental health records follow a stricter rule. Under 740 ILCS 110/10(d), a subpoena for them must come with a written court order or the patient's written consent that meets Section 5. Without one of those, "no person shall comply" with the subpoena.

Records that need extra consent

Mental health. The Mental Health and Developmental Disabilities Confidentiality Act (740 ILCS 110) covers records kept by a "therapist", which includes a physician, psychologist, social worker or nurse providing mental health services. A therapist's personal notes are not part of the record. A valid consent must name the recipient, the purpose and the type of information. It must also state the patient's right to inspect and copy what is disclosed, the consequences of refusing, an expiration date and the right to revoke. The signature must be witnessed. A blanket consent to disclose unspecified information is not valid, a copy of the consent goes in the record, and the recipient cannot redisclose unless the consent allows it. In a lawsuit where pain and suffering is part of the claim, the patient's mental condition counts as introduced only if the patient or a witness for the patient first testifies about the record or communication.

HIV. Under the AIDS Confidentiality Act (410 ILCS 305/9), no one may disclose or be compelled to disclose HIV-related information except to listed people. That list includes the patient and anyone named in a legally effective authorization signed by the patient or the patient's legal representative.

Genetic testing. The Genetic Information Privacy Act (410 ILCS 513/30) limits disclosure of who was tested and of the results. Release to an outside party such as an attorney needs a specific written, legally effective authorization.

Billing records and medical bills

In Illinois mandatory arbitration cases, Supreme Court Rule 90(c) lets a party offer health care bills, records and reports without foundation testimony. The rule covers bills marked as paid or unpaid, and records and reports of hospitals, doctors, nurses, physical therapists and other health care providers. The party must give every other party at least 30 days' written notice with copies of the documents and include a summary cover sheet of the damages. Clear itemized bills that show paid and unpaid amounts make this procedure easier for the attorney.

How long to keep records

Hospitals must keep records for at least 10 years under 210 ILCS 85/6.17. If an attorney gives the hospital written notice of litigation before the 10 years end, the hospital must keep the record until it is told the case has ended, or for 12 years after the record was created, whichever comes first. We could not confirm a general retention period for physician, chiropractic or therapy practices in a primary source.

Recent changes

The Comptroller published new fee amounts for 2026: a $36.68 handling charge and per-page rates of $1.38, $0.92 and $0.46. The official text of 735 ILCS 5/8-2001 we read lists its latest amendment as Public Act 102-183, effective January 1, 2022.

What this means for your practice

Date-stamp every written request. The 30-day clock starts at receipt, and any extension notice has to go out within that window.
Update your fee schedule each February, after the Comptroller posts the new amounts. Charge electronic copies at half the paper per-page rate.
Treat an attorney's request with a valid patient authorization like a patient request: same deadline, same caps.
Do not answer a mental health records subpoena unless a court order or a valid Section 5 consent comes with it.
Send defense counsel's informal questions about a patient to formal discovery, consistent with Petrillo.
Give PI firms itemized bills marked paid or unpaid, which they can use under Rule 90(c) in arbitration.

Sources

How we verified: we read 735 ILCS 5/8-2001 on the official Illinois General Assembly site (archived June 2025 copy), the Comptroller's 2026 fee page (archived October 2026 copy), Supreme Court Rules 90 and 204 on illinoiscourts.gov, the Petrillo opinion, and the other statutes in a 2025 code copy, on November 12, 2026.