Docket No. 107719.
THE STATE OF ILLINOIS
WALTER SOLON et al., on Behalf of Themselves and a Class of
Others Similarly Situated, Appellee, v. MIDWEST MEDICAL
RECORDS ASSOCIATION, INC., Appellant.
Opinion filed March 18, 2010.
JUSTICE KARMEIER delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride,
Garman, and Burke concurred in the judgment and opinion.
The certified question at issue addresses the proper interpretation
of sections 8–2001 and 8–2003 of the Code of Civil Procedure (735
ILCS 5/8–2001, 8–2003 (West 2004)), which limit any handling
charge imposed for processing requests for copies of medical records.
In its motion to dismiss the lawsuit filed by the plaintiff class, the
defendant, Midwest Medical Records Association, Inc. (MMRA),
argued that charging a $20 handling charge for processing medical
record requests was per se reasonable under sections 8–2001 and
8–2003. The circuit court of Cook County denied the motion to
dismiss but agreed to certify a question on the issue for interlocutory
appeal under Supreme Court Rule 308 (155 Ill. 2d R. 308). With one