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Legislation · Illinois · 2025-2026 Regular Session

SB 3398: CIV PRO-TENANTS IN COMMON

Summary

Amends the Health Care Surrogate Act. Requires a health care provider to release the medical records of the patient as a response to a written request for the release of records to an individual who was named as a surrogate or any person, entity, or organization presenting valid authorization. Provides that, upon a determination that a patient lacks decisional capacity and a health care surrogate is identified, a health care facility shall provide specified written information, which may be provided electronically, to the surrogate. Provides that a health care provider who relies on and carries out a surrogate's directions and who acts with due care and in accordance with the Act shall not be subject to any claim based on lack of patient authorization for unprofessional conduct. Effective immediately.

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Aug 7, 2026

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