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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
medical record reproductions; fees; exception
Purpose
Prohibits a health care provider or contractor from charging a fee for medical records requested by a patient or a patient's legal representative for the purpose of appealing a denial of Social Security benefits.
Background
Current statute allows health care providers and contractors to charge a fee to a person who requests copies of medical records or payment records, except that health care providers and contractors are prohibited from charging a fee for pertinent information included in medical records that are provided to: 1) another health care provider who provides continuing care to the patient to whom the record pertains; 2) the patient or the patient's health care decision maker for the demonstrated purpose of obtaining health care; and 3) the Arizona Medical Board, the Board of Osteopathic Examiners, the Department of Health Services (DHS) or a local health department for specific communicable disease cases (A.R.S. § 12-2295).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a health care provider or contractor from charging a patient or a patient's legal representative for the reproduction of pertinent information included in medical records if the records are requested for an appeal of denied Social Security benefits.
2. Permits a health care provider or contractor to charge a fee for any additional request for the reproduction of pertinent information included in medical records, or for requests that were previously provided free of charge in the same calendar year, unless no medical records are located in response to the request.
3. Requires a legal representative to provide an appointment of representative form before obtaining a patient's medical records free of charge.
4. Requires a current licensee that intends to terminate the operation of a licensed health care institution to do one of the following, in addition to the notification requirements, before the health care institution ceases operation:
a) provide each patient of the health care institution with his or her medical records; or
b) transfer the health care institution's medical records to a third-party entity to ensure patient access to the records.
5. Requires a health care institution or third-party entity in possession of a patient's medical records to provide access to or copies of the records upon request of the patient or the patient's health care decision maker, in accordance with existing procedures.
6. Subjects a licensee who fails to comply with the termination requirements of a health care institution to a civil penalty of up to $10,000.
7. Authorizes the Director of DHS to use a licensee's failure to comply with the termination requirements as grounds to deny a subsequent license.
8. Defines medical record.
9. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
1. Requires a licensee that intends to terminate the operation of a health care institution to provide each patient with his or her medical records or transfer the medical records to a third-party entity.
2. Requires a health care institution or third-party entity in possession of a patient's medical records to provide access to or copies of the records upon request.
3. Subjects a licensee who fails to comply with the termination requirements to a civil penalty of up to $10,000.
4. Allows the Director of DHS to use a licensee's failure to comply with the termination requirements as grounds to deny a subsequent license.
Senate Action House Action
HHS 2/6/19 DP 7-0-1 JUD 3/13/19 DP 10-0-0-0
3rd Read 2/20/19 30-0-0 3rd Read 4/16/19 59-0-1
Prepared by Senate Research
April 17, 2019
CRS/AB/kja