Illinois medical records laws

How Illinois differs from federal HIPAA

• Illinois sets dollar caps including a handling charge; for a patient's own access request, HIPAA's cost-based fee limit still applies and HIPAA does not allow search/retrieval fees.
• Illinois requires one free complete copy for veterans' disability, Social Security/SSI and AABD benefit claims; HIPAA has no comparable free-copy rule.
• Illinois provides a court remedy (attorneys' fees for enforcement, plus private actions under the mental-health and AIDS confidentiality acts); HIPAA has no private right of action.

How long a provider has to respond

Hospitals and practitioners must fill a written request within 30 days; if they need more time they must give you a written reason and finish no later than 60 days after the request.(735 ILCS 5/8-2001)

What a provider can charge

Illinois sets maximum copy charges in 735 ILCS 5/8-2001 and the Comptroller adjusts them every year. For 2026 the caps are a $36.68 handling charge plus $1.38/page for pages 1-25, $0.92 for 26-50, $0.46 above 50, $2.29/page from microfiche or microfilm, and half the paper rate for electronic copies. For a patient's own request, HIPAA's cost-based fee limit also applies, so a provider cannot charge more than its actual allowable costs even if that is below the state cap.(735 ILCS 5/8-2001, 735 ILCS 5/8-2006 (annual adjustment) — Illinois Comptroller copying fee schedule, 735 ILCS 5/8-2001.5, 740 ILCS 110/4, 45 CFR 164.524)

Paper copies

2026: $1.38/page (pages 1-25), $0.92/page (26-50), $0.46/page (over 50); electronic copies 50% of the paper rate

handling charge for processing the request (2026 adjusted maximum), plus actual postage/shipping

Up to $36.68

Electronic copies

Electronic records may be charged 50% of the paper per-page rate (about $0.69 / $0.46 / $0.23 per page in 2026 by calculation); this includes the CD/DVD or other media. Records must be provided electronically when requested.

When copies are free

One complete copy free when used to support a claim for federal veterans' disability, Social Security/SSI, or Aid to the Aged, Blind, or Disabled benefits; updated records not in the original copy free with a valid authorization; the handling fee may not be collected from a personal representative obtaining a deceased patient's records under 8-2001.5. Indigent mental-health recipients get one free copy on written request (740 ILCS 110/4).

A provider cannot refuse to give you your records because you owe money for treatment. Compare every state on the medical records fees by state page.

How long records must be kept

• Hospitals: At least 10 years under hospital policy; if an attorney gives written notice of pending litigation before the 10 years run, the patient's record must be kept until the plaintiff's attorney releases it or 12 years from the record's creation, whichever comes first.(210 ILCS 85/6.17(c), Ill. Admin. Code tit. 77, § 250.1510)

Minors and sensitive records

• Minors: 735 ILCS 5/8-2001 does not contain a separate rule for minors; parents generally act as the minor's personal representative under HIPAA. For mental-health records, a recipient 12 or older may inspect and copy their own record; a parent of a child under 12 has access; a parent of a child 12-17 has access only if the minor is informed and does not object, or the therapist finds no compelling reason to deny it.(735 ILCS 5/8-2001, 740 ILCS 110/4)
• mental health: The Mental Health and Developmental Disabilities Confidentiality Act (740 ILCS 110) gives recipients 12 and older their own access right, allows a reasonable duplication fee, requires one free copy for an indigent recipient who asks in writing, and lets any person aggrieved by a violation sue for damages, an injunction and attorney's fees.(740 ILCS 110/4, 740 ILCS 110/15)
• hiv: The AIDS Confidentiality Act (410 ILCS 305) protects HIV test information; a person aggrieved by a violation can recover the greater of actual damages or $2,000 (negligent) / $10,000 (intentional or reckless), plus reasonable attorney fees.(410 ILCS 305/13)

If a provider doesn't comply

Under 735 ILCS 5/8-2001, a provider that fails to comply on time is liable for expenses and reasonable attorneys' fees incurred in court-ordered enforcement. Separate private rights of action exist for mental-health record violations (740 ILCS 110/15) and HIV confidentiality violations (410 ILCS 305/13). HIPAA itself has no private right of action; HIPAA complaints go to HHS OCR.(735 ILCS 5/8-2001, 740 ILCS 110/15, 410 ILCS 305/13)

• Illinois Department of Financial and Professional Regulation (IDFPR), Complaint Intake Unit

  physicians and other licensed health professionals · 312-814-6910

• HHS Office for Civil Rights

  HIPAA violations by any covered entity, within 180 days

How to request your records in Illinois

1. Ask the provider's medical records (health information) department for its request form, or write your own request with your name, date of birth, dates of care, the records you want, and the format (paper or electronic).
2. Keep a copy and note the date — the 30 days clock runs from when the provider receives it.
3. If the deadline passes or the bill exceeds the rules above, use the complaint routes on this page.

Templates and step-by-step help are on the records-access hub. Find a Illinois hospital's records office, or browse hospitals in Illinois.

Common questions about Illinois medical records