Case Law Update: Surrogacy Issues, IDPH and Nursing Home Records

The 3rd District, in Bergland v. The Department of Public Health, No. 3-07-0242 (April 17, 2008) Rock Island County (O’BRIEN) Reversed;
Trial court erred when it affirmed decision by IDPH that nursing home was required to obtain consent of Surrogate, appointed pursuant to Surrogacy Act, before it could provide copies of nursing home records to plaintiff in response to written request by former nursing home resident and her husband. Once former resident is discharged, Surrogacy Act no longer applies; and nursing home was required to respond to written request for records.

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